Go Greek Essay

They make assumptions that are most likely not true. They make assumptions from hear say only. You need to experience it, before you judge. Lauren Border’s negative outlook on the Greek system is mistaken, because she overlooks the positives like sisterhood and brotherhood, scholarship, and leadership, and what they have to offer. In â€Å"Pledging to never rush: a criticism of Greek life at Tufts†, published in The Tufts Daily, student at Tufts University Lauren Border writes how she is against the Greek life establishment at Tufts. She doesn’t understand why people would want to join an establishment that gives you so many bad names, and separates women from men, and men from women. In the article she did want to make clear that she does not dislike the people in the Greek life establishment. She has nothing against them; she is just against the establishment. She doesn’t like how the sexes are separated. She doesn’t understand that women are still trying to make a step up in the world and become equal to men, but then they have these establishments that separate them. She is also very against the hazing aspect on both sides of the Greek system. Girls’ egos are shut down, and men have to prove something, just to be part of something. She is stating that you can feel belonged to something and not have to partake in any of these things. In the article she states, â€Å"I am convinced that Greek life usually does much more harm than good. † She wants a change at Tufts and she is hoping that this article will make people wake up and see that there are other options out there. Border’s opinion on he Greek system lacks credibility when she points out the flaws of the Greek system. For every point she makes, she does not have any proof to back it up with. Also Border makes all of her judgments based off of the Tuft University Greek Life, when in reality not all Greek Life is the same on every campus nationwide. She is judging without knowing. Unlike Border I am currently part of a Greek establishment and it is the best decision I have ever made. I have only been in the house for three months, and I have experienced things I don’t think I would have ever experienced if I didn’t join. I don’t know if it’s because I go to the University of Idaho, but some of the stuff she mentions are not true. For example, Border states in the article that girls have it way worse in the Greek system than guys, but here at the University of Idaho, it’s the complete opposite. Absolutely no hazing is allowed, and if the house gets caught it will be shut down. No exceptions what so ever. There are many benefits for joining a Greek establishment. Border only looks at all the negatives, and doesn’t even bother to consider the positives. One of the multiple benefits for joining a Greek establishment is friendship and sisterhood/brotherhood you gain. When joining a house you have the advantage of meeting people of various backgrounds with both different yet similar interests. The ideal of sisterhood/brotherhood is the principal foundation upon which each fraternity/ sorority is built and from which you will receive the greatest benefit. You will always have people pushing you to be the very best you can be, and will be there when the going gets tough. Another benefit for joining an establishment is the academic side of it. One of the main purposes of the fraternity or sorority community is to develop and encourage high scholastic achievement among the members. Within the house you have the opportunity to take advantage of peer tutoring, upperclassman counseling, and chapter study hours. Those chapter study hours give the newest members a good sense of the change of study habits they are going to have to become accustom to in order to be successful in college. Also, there is the fact that your brothers/sisters can offer all kinds of academic advice after their experiences. There are so many benefits in joining a house, but I am only going to mention one more. When you join a fraternity or sorority you will be offered the opportunity to take on a leadership position. Leadership positions range from president to vice president of finance all the way to purchase chairman. Everyone in a fraternity or sorority is a leader, whether you’re an officer, on a committee, or just a participant. You will learn by doing. You will learn how to manage a budget, run effective meetings, speak in public, and motivate others. These are skills that will help you not only within the university but throughout your life. These days it takes more than just a degree to get a job, it takes leadership experience. Being a part of something that has a lot of meaning behind everything is an amazing feeling. Being a part of a sorority/ fraternity and forming that sisterhood/ brotherhood is such an amazing thing. You know people have your back all the time, and you know you are not alone. Everyone is going through the same thing. Learning life skills while being part of a Greek establishment will help you so much later down the road. Whether you hear good or bad things about joining a house, give it a chance. You will never understand the meaning behind everything if you don’t give it a try. Lauren Borders negative outlook on the Greek system is mistaken, because she overlooks the positives of what it has to offer. Everything was based on hearsay and personal opinion. She had nothing to back up any of her points.

Muscle Milk Essay

Father and son; Mike and Greg Pickett, Founded Cytosport Inc. in 1988. The product with good taste targets bodybuilders and athletes. Muscle Milk is not only designed with athletes or body builders in mind, but can be beneficiary to a wide range of individuals seeking to be stronger, healthier, leaner, livelier or bigger. CytoSport just obtained its NSF Good Manufacturing Practices (GMP) for Sport Registration, showing credibility that it does not contain any substances on the banned list recognized by the World Anti-Doping Agency, the National Football League, Major League Baseball, etc. (Bloomberg Business Week, 2008). Unlike other companies, Cytosport condemns the use of performance enhancing drugs, and through its efforts with IOC, NFL, and NCAA, will never include chemicals like steroids amongst their ingredients (article Base 2010). CytoSport, one of the company’s best selling products, Muscle Milk, is designed to provide nutrients that will naturally build up bodily tissue. Muscle Milk has several extension brand, including powder products, pre-blends products and power bars. Muscle Milk RTD (Ready to Drink) which comes in five delicious flavors : Chocolate shake, Vanilla creme shake, Strawberry and creme, Banana creme shake, Chocolate malt. Every bottle contains 25g of premium proteins for sustained energy including, Calcium and Sodium Caseinate, and Milk Protein Isolate (Cytosport 2010). The 14 oz. serving of Muscle Milk is gluten and lactose free and contains precisely 25 grams of protein to sustain energy, carbohydrates and functional fats for energy metabolism, and all essential amino acids in 20 vitamins and minerals. Combining science with performance Muscle Milk allows for rapid muscle growth, high energy, and increased metabolism of fat. The creators of Muscle Milk listen to the needs of their consumers and offer a variety of options for their product, such as Muscle Milk Light, their low calorie blend, or Muscle Milk Naturals which omits the use of artificial sweeteners (all business 2008). Competitive review, Muscle Milk is currently the leader in RTD protein shakes (Bloomberg Business week 2008). However there is a quickly rising competitor named Isopure, although at the moment it has not yet had as much sales as people who have been in the market for a while they have a formula which provides them with 100% all isolated natural protein (All Business 2008). In All business week article explains the distribution review, the product can be found at stores such as GNC, 7 Eleven, Costco, Vitamin Shoppe, and Fitness First Gyms. It is also available in several popular online sites such as bodybuilding. com, prosource. net, keysupplements. com and several others. Partnered with Pepsi Beverages Co. to distribute the RTD line of Muscle Milk and Muscle Milk Light in its territories in the US and Canada. The strengths of the company are since, Established in 1998 Cytosport has valuable sales experience in performance enhancing market. Our brand name is very well liked and recognized by bodybuilders and partners alike and is already being marketed via sports teams such as the Yahoo cycling team and the Under Armour Football Combines. There are over $200 million in sales within the last accounting period (Article base 2010). It has the financial resources to study the market trends; thereby, plan for the future, train sales personnel and to effectively market the brand. There are several weakness of our product, Brand recognition, even though Cytosport is an established and renown by the gym population, the general public still doesn’t know of their products. Some people may experience diarrhea, abdominal cramps and nausea after the consumption of Muscle Milk (Livestrong 2010). Some of the opportunities of our product; we are currently proud to be supporting 24 colleges by improving over 125 athletic programs. We do this by providing our Muscle Milk line of products to assist in their strength training (livestrong 2010). In March, CytoSport introduced Muscle Milk Protein H2O in GNC stores and Costco, two of their biggest partners. The Protein H20 comes in a variety of fruit flavors including Grape, Grapefruit, Orange and Raspberry. The product contains 60 calories and is sugar-free. In today’s gym obsessed world, Cytosport is utilizing this is an opportunity to promote muscle milk, thus increase its market share, whilst creating value for the customers. Unfortunately there are several threats, Nestle USA is currently suing Muscle Milk saying that they do not have any actual milk in their product and that is â€Å"eceptively misdescriptive† (All Business 2008). A third party medical group may come out with research indicating that this type of product is unhealthy (all Business 2008). There are also over fifty other competitors in this Market including CNP professional Proslam, Strength Systems USA Muscle Blast, and AllMax Nutrition ISOFLEX. Pepsi Co might start their own line of product if they see this as a good revenue line That can also be a threat. Future FDA regulations on the product may cause us to cease operations. SO Strategy, we use strengths to take advantage of opportunities Use of their efficient R&D team to develop new products quickly to respond to new distribution channels demands. We also use of experience and knowledge to create and address the specific needs of new segments of the market. Ex. Female athletes and children. WO Strategy, overcoming weaknesses by taking advantage of opportunities. Gaining brand recognition through the partnership with Pepsi Beverage Co. also improving their logistics specifically their product distribution. ST Strategy, use of strengths to avoid threats. Using the experience and product knowledge to successfully compete with any new competition entering the market. These are the TOWS analysis building strategies. Brand Positioning strategy, We currently have a benefits positioning strategy. Our product gives consumers a better way to quickly recuperate after a tough workout. For example, while working out, drinking muscle milk helps promote nutrients in your body to gain energy. Another benefit for the consumers are since we target mainly body builders, They have to maintain a healthy diet to stay in good shape, muscle milk have all the proteins and vitamins for the body needs, and consumers can replace their meal by drinking muscle milk. Product Branding strategy, Muscle Milk is a co-brand product with Cytosport. Both companies work together to make this product the best for our consumers. Line Extensions, we have already made several changes to the formula to create a variety of RTD protein shakes such as Muscle Milk light and diet Muscle Milk. For the pricing strategy, we reviewed the category performance and competitive items using Safeway SmartTraks, risk reports and the bump chart to show the price sensitivity for Muscle Milk and the competitive items. We then provided Safeway with an in depth data analysis which included a price market survey for all nine Safeway divisions versus the competi- tion for the entire category to allow them to evaluate and consider a strategy change for sports nutrition in their stores on a national basis. Our strategy was to move Muscle Milk from a high-low promotional program to an everyday low cost program. In order to do this, we needed to approach CytoSport to present our findings and see if they would be interested in providing funding based on our analysis that at a lower retail price, they would see an increase in product move- ment. This process also involved providing Safeway with projections to show them that the increased unit and dollar sales at a reduced retail price would increase their overall adjusted gross margins. With the VP of Sales at CytoSport we successfully developed and presented a plan to Safeway where CytoSport would provide the incremental funding and Safeway would reduce their margins in order to bring Muscle Milk’s retail price down. The Distribution strategy, we will reduce the cost of production, transportation and other costs associated in the process by creating a partnership with Pepsi. On the Marketing communication strategy, we used Shaq as an advertisement and created a limited edition bottle. Goal of this strategy: Muscle Milk is not only a good source for protein for your workouts, it can now make you feel like Shaquille O’Neal. We plan on using this strategy in the future with other athletes such as Brandon Roy, Ryan Hall, and etc. (Promo Magazine 2009). Since college sports are very popular we started creating limited-edition bottles themed after some of the most famous college football teams such as Georgia Tech, University of Miami, UCLA and etc. For example in UCLA wee created a bottle just for the theme of their football team using the colors of their school which are gold and blue. The 7,500 bottles produced are expected to be on shelves in November (Promo Magazines 2009). Creating value, We plan on improving our website so that we have a premium buyers page where you can get your product shipped faster the more you buy. Our partnership with Pepsi Co. makes this possible. These preferred will also be receiving special offers, such as if they pay their account balances within 15 days they get a 2% discount. Value proposition, Cytosport will provide quality product to its customers at low prices, Establish good customer relationship and loyalty, In turn maintain and/or increase the market share, and satisfying consumer needs with superior quality products, efficacy and reliability. Reference Quiton. B. (2009). Muscle Milk Energizer with Shaq. Promo Magazine, retrieved from http://promomagazine. com/news/muscle-milk-energizes-shaq-0114/ Odell. P. (2010). Muscle milk Debut college Theme bottles. Promo Magazine, retrieved from http://promomagazine. com/news/muscle-milk-debuts-bottles-0928/ All Business (2008). Retrieved from http://www. allbusiness. com/marketing-advertising/marketing-techniques/12590370-1. html Bloomberg Business Week (2008). Retrieved from http://investing. businessweek. com/research/stocks/private/snapshot. asp? privcapId=6925027 Livestrong (2010). Retrieved from http://www. livestrong. com/article/123243-side-effects-muscle-milk/ CytoSport (2010). Retrieved from http://www. cytosport. com/.

Law of Negligence: 1st and 2nd essentials of Negligence Essay

INTRODUCTION Negligence is a part of that branch of Civil Law known as Tort Law. Hence, negligence is a tort. Other torts include nuisance, trespass (to person or goods or land), deceit, passing off, defamation and so on. This lecture will examine the tort of negligence, and will focus on the first two ‘essentials’ needed to prove an actionable case. Lecture 4 will consider the third essential, defences and remedies in Negligence. On successful completion of this lecture, you should (within the scope of the course) be able to: * define the meaning of tort * define negligence * identify and describe the three essentials needed to establish a case in negligence * describe and discuss the legal principles used to establish duty of care for negligent actions * describe and discuss the legal principles used to establish duty of care for negligent advice * identify the attributes of the hypothetical ‘reasonable person’ * identify and describe the guidelines used to establish breach in the standard of care TORT A tort is defined as a civil wrong (other than a breach of contract) in the form of a breach of duty for which the legal remedy is an award of damages. Tort Law is quite distinct from the Law of Contract. Pentony, Graw, Lennard and Parker (2003, p.367) puts the difference this way: â€Å"The main difference between tort and contract is that the law of contract essentially deals with the enforcement of rights that the parties have created for themselves through their agreement while the law of torts deals with the enforcement of rights that have been conferred by law – irrespective of agreement.† A tort will impose a duty of some kind on a person or persons in certain circumstances, and its breach can entitle the plaintiff to damages as  compensation for the loss or injury suffered. The rights that the tort law protects include the rights of individuals not to have their property, reputation, person or certain interests injured. NEGLIGENCE As noted above, Negligence is but one of a number of torts, albeit the most important one. Negligence is the doing of something which a reasonable person would not do or the failure to do something that a reasonable person would do, which inadvertently inflicts harm. That is, the plaintiff does not have to prove that the defendant either intended his act or its consequences. However, negligence involves more than just careless conduct, and involves a combination of the concepts of duty, breach and sufficient connection in law. Accordingly, there are 3 essentials which the plaintiff must prove ‘on the balance of probabilities’ in order to succeed in an action in negligence: 1. the defendant owed the plaintiff a duty of care; 2. the defendant failed to conform to the required standard of care; and 3. there was a sufficient connection in law between the defendant’s conduct and the damage (i.e. loss or injury) suffered by the plaintiff (note: the 3rd essential is often discussed in the literature under the heading of ‘damage’ instead of ‘sufficient connection in law† (for example, the Understanding Business Law text at page 718). There is little practical difference between the two terms for our purposes, and the essentials as listed above will be used in our discussions. The Law of Negligence has evolved dramatically during the twentieth century. Donoghue v. Stevenson [1932] AC 562 was a landmark case which laid down the test for duty of care and held that a manufacturer was liable to the ultimate consumer for any damage or injury arising from the consumption or use of goods which were faulty because of the manufacturer’s negligent act. A further watershed in negligence law in Australia came with Shaddock and Associates v. Parramatta City Council (1981) 150 CLR 225, where the court held that those who give gratuitous advice could be held liable for any damage if the advice was negligent. * * DUTY OF CARE The Defendant must owe the Plaintiff a duty of care, which the Plaintiff must prove on the balance of probabilities. If no duty of care is owed, the Plaintiff’s claim must fail. The judge at the trial has the responsibility for deciding whether or not a duty of care exists as the issue is a question of law having regard to the facts of the case. The method used to test the existence of a duty of care will differ depending on whether the action involves negligent advice or a negligent act. The test for duty of care in negligent acts is now relatively complicated, although it evolved from the relatively straightforward test from Donoghue v. Stevenson [1932] AC 562 which was based on whether or not the injury was reasonably foreseeable, and the closeness or proximity of the plaintiff to the defendant. On the other hand, the test for duty of care in negligent advice developed from Shaddock and Associates v. Parramatta City Council (1981) 150 CLR 225 and is based on whether or not the advice was for a serious matter which the adviser is expected to give his or her best advice and it was reasonable that the recipient act on the advice. * * Duty of Care for Negligent Acts * * Historical background: Doctrine of Reasonable Foreseeability and Proximity The historic test for establishing the existence of a duty of care in actions involving negligent acts was laid down by the House of Lords decision in Donoghue v. Stevenson [1932] AC 562. In that decision, the twin duty of care elements of ‘reasonable foreseeability’ and ‘proximity’ were stated in the ‘neighbour test’ by Lord Atkin: * * The rule that you are to love your neighbour becomes in law, you must not injure your neighbour; and the  lawyer’s question, Who is my neighbour? receives a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then in law is my neighbour? The answer seems to be persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called into question. * * Hence, for Lord Atkin’s neighbour test, two issues needed to be satisfied: reasonable foreseeability and proximity. For reasonable foreseeability, the question was – would a reasonable person, in the position of the Defendant, have foreseen the likelihood of injury to the Plaintiff arising out of the Defendant’s behaviour? For proximity, the question can be posed thus – was the proximity (closeness) of the injured Plaintiff such that the Defendant ought to have had him/her in mind when doing the alleged negligent act? The test of reasonable foreseeability is an objective one: that is, what would a reasonable person have foreseen, rather than what the Defendant actually foresaw at the time. Further, it is not necessary that the exact nature of the loss or injury been foreseen, just the likelihood of injury of the same general character as that suffered. Both aspects do not require the Defendant to be actually aware of or know the Plaintiff as an individual – it is sufficient that the plaintiff belong to a class of persons of whom the Defendant ought to have been aware when doing the alleged negligent act. * ————————————————- Case Summary reading – Understanding Business Law (2008) text, page 695/696 ————————————————- Donoghue v. Stevenson [1932] AC 562 * * Contemporary situation * From a number of decisions in the 1990s, the High Court moved decidedly away from a ‘one-best’ approach for duty of care for  negligent actions and opted for a ‘broad approach’. In particular, the High Court expressed dissatisfaction with ‘proximity’ – â€Å"proximity is no longer accepted as the defining test [authors’ italics] to establish whether there is a ‘duty of care’ in any particular case† (Pentony, Graw, Lennard and Parker, 2008, p. 698). As the Understanding Business Law text (at page 698) notes, the following pattern appears to best represent current High Court thinking in the establishment of a duty of care: * * 1. Determine whether or not a reasonably foreseeable risk of injury existed; without reasonable foreseeability, no duty of care can exist. In some cases (especially those involving direct physical harm from the negligent action), reasonable foreseeability may be adequate in establishing a duty of care by itself. * * 2. Determine whether or not the present case is analogous to cases in which a duty of care has already been established (or is in a category in which a duty of care has been held not to exist). For example, employers are under a general duty of care, which cannot be delegated to others, to provide a safe system of work for their employees. The driver of a motor vehicle owes a duty of care to pedestrians, other road users and adjacent property owners. Other relationships which may give rise to a duty of care include: professionals to clients, schools to students and manufacturers to consumers. * * 3. If the case does not fall into an established category, the Court may look at the important features of the case to establish whether a sufficiently close ‘neighbourhood’ relationship exists to justify a duty of care. In establishing this, the courts can consider the plaintiff’s vulnerability in the matter, along with their reliance on the wrongdoer, the wrongdoer’s assumption of responsibility (if any) and the wrongdoer’s level of control in their actions. * * 4. Determine whether or not ‘policy’ considerations exist which may work against the finding of a duty of care in such circumstances, especially where a defendant might otherwise be subjected to liability of an indeterminate extent; such considerations â€Å"allow the courts to weigh competing considerations of legal policy to determine whether, despite proof of foreseeability and neighbourhood, a duty should not be imposed† (Pentony, Graw, Lennard and Parker, 2003, p. 374). * * ————————————————- Specific reading from the Understanding Business Law (2008) text * ————————————————- Chapter 22, section 22.22 through 22.29 discusses the contemporary approach in detail. * * Once the facts of the case support the finding that the Defendant owed the Plaintiff a duty of care when doing the alleged negligent act, it does not automatically lead to an award of damages, as the plaintiff must still prove the other essentials: * (i) the defendant was in breach of the Standard of Care (refer 2nd Essential below) (ii) there was a Sufficient Connection in Law (refer 3rd Essential, Lecture 4) Duty of Care for Negligent Advice There are clear differences between negligent words and negligent acts. According to Chief Justice Gibbs in Shaddock and Associates v. Parramatta City Council (1981) 150 CLR 225, there are three key points of departure, summarized as follows. First, negligent words cannot cause loss by themselves – they cause loss only because persons act on them in reliance. Second, it is not uncommon for people in social or informal contexts to make statements less carefully than if they were giving advice in business or  professionally. Last, words may foreseeability receive such a coverage or circulation that the application of Donoghue v. Stevenson (i.e. neighbourhood) might lead to many claims for large amounts of damages. Accordingly, the High Court in Shaddock developed the following test involving the following three questions, all of which must be answered in the affirmative for a duty of care to exist: 1. Was the advice given on a serious matter? 2. Did the speaker realise, or ought he to have realised, that his advice would be acted upon? 2. Was it reasonable for the recipient to act on the advice? ————————————————- Case Summary reading – Understanding Business Law (2008) text, pages 729-730 ————————————————- Shaddock and Associates v. Parramatta City Council (1981) 150 CLR 225 Once the facts of the case support the Shaddock tests, it can be concluded that the adviser owed the plaintiff a duty of care. However, such a finding does not automatically lead to an award of damages, as the plaintiff must still prove the other essentials: (i) the defendant was in breach of the Standard of Care (refer 2nd Essential below) (ii) there was a Sufficient Connection in Law (refer 3rd Essential, Lecture 4). * BREACH OF STANDARD OF CARE Given that a duty of care is owed, then how much care has to be exercised? The defendant has to take reasonable care, that is, to act as a reasonable person would have in the circumstances. The ‘reasonable person’ is not a real person – merely a hypothetical benchmark or device used by the courts, and is deemed to have the following attributes: 1. Intelligence There is a presumption of average intelligence. If a defendant has above average intelligence, this person is not judged according to above average intelligence. On the other hand, if a person has below average intelligence, this person is judged according to the same standard – the standard for a person of average intelligence. 2. Knowledge and Skill There is a presumption of a certain level of knowledge and skill that can reasonably be expected of persons in the position, trade, qualifications or profession of the defendant. The defendant’s actual knowledge and skill are generally irrelevant, as the presumed amount depends on the qualifications the person possesses. For example, drivers must have the skill of a competent driver, and people in a trade, profession or business are measured by standards of knowledge and skill which one can reasonably expect in the trade, profession or business. These standards are set by objectively analysed community standards and not the prevailing standards of the particular profession which may have lagged behind perceived community standards. If a person holds out that they have special knowledge or skill not normally associated with the trade, business or profession, then that person will be judged on the basis that he does have these superior standards. However, if people who have additional expertise do not hold themselves out as having such additional expertise, then they will only be judged by the standards applicable to the trade, business or profession they are practising. There are some exceptions, including minors, who are judged against normal children of the same age. * * Guidelines as to Breach of Standard of Care The Courts have developed various guidelines which may be relevant and useful in determining a breach in the standard of care in the circumstances: * The Probability of Harm * The Seriousness of Possible Injury * The Costs and Opportunities of reducing or avoiding the risk * The Value of the Defendant’s Conduct * Conformity with Established Standards * * The Probability of Harm The guideline establishes that the greater the probability of harm, the greater the amount of care which has to be taken. That is, the greater the risk of some kind of harmful injury or loss occurring in the circumstances, the greater the standard of care that would be shown by a reasonable person in their actions and consequently, the greater the probability of a breach if such reasonable care is not exercised. * ————————————————- Case Summary reading – Understanding Business Law (2008) text, page 709 ————————————————- Bolton v Stone [1951] AC 850 * * The Seriousness of Possible Injury The guideline establishes that the more serious the possible consequences of injury, the greater the degree of care which has to be shown. That is, the greater the likelihood that some serious injury will arise in the circumstances, the greater the standard of care that would be shown by a reasonable person in their actions and consequently, the greater the probability of a breach if such reasonable care is not exercised. * ————————————————- Case Summary reading – Understanding Business Law (2008) text, page 708 ————————————————- Paris v Stepney Borough Council [1951] AC 367 * * The Cost and Opportunities of Reducing/Avoiding the Risk The guideline establishes that when cost and difficulty of avoiding risk is great and the actual risk is small, then there is less likelihood of a breach, and vice versa. That is, if the cost and difficulty of avoiding the risk is small and the actual risk is great, then there is a greater likelihood of a breach if remedial action is not taken. ————————————————- Case Summary reading – Understanding Business Law (2003) text, page 381 ————————————————- Latimer v AEC Ltd [1953] AC 643 (section 16.40) * ————————————————- Case Summary reading – Understanding Business Law (2008) text, page 712 ————————————————- Haley v London Electricity Board [1965] AC 778 * * The Value of the Defendant’s Conduct The guideline establishes that the less the social or economic value of the defendant’s conduct the greater the likelihood of a breach in the standard of care and vice versa. This of course does not mean that providers of essential services can be careless. The guideline arguably imposes a public policy dimension on the standard of care issue. * Conformity with established standards Conformity with established standards in any trade or profession is important evidence that reasonable care exercised, and vice versa. ————————————————- Case Summary reading – Understanding Business Law (2008) text, page 714 ————————————————- Derrick v Cheung (2001) 181 ALR 301 ————————————————- Case Summary reading – Understanding Business Law (2008) text, page 715 (section 22.46) Mercer v Commissioner for Road Transport and Tramways (NSW) (1937) 56 CLR 580 The standard of care is set by reference to objectively assessed community values. Indeed, just because a defendant follows common practice does not necessarily show that he is not negligent as a common practice may be shown by evidence to be itself negligent. * * ————————————————- Reading for this lecture from the Understanding Business Law text * ————————————————- Read Chapter 22, sections 22.1 through 22.47.; sections 22.67 through 22.74 * * * Self test exercises – Lecture 3 Multiple choice questions 1. Which of the following is true of torts? a) includes any civil wrong b) has an award of damages as the legal remedy c) does include breaches of contract d) all of the above e) both (b) and (c) above 2. Which of the following is not relevant in establishing Negligence? a) there was a contractual agreement between the plaintiff and the defendant b) the defendant failed to show the required standard of care c) the defendant owed the plaintiff a duty of care d) the defendant intended to harm the plaintiff e) both (a) and (d) above 3. The twin tests of reasonable foreseeability and proximity have historically been used to establish a) whether or not a breach in the required extent of care has arisen b) a duty of care for negligent actions c) that the damage suffered by the plaintiff was not too remote d) the defendant’s liability for damages in tort generally e) none of the above 4. Which of the following is relevant to the contemporary approach to establishing a Duty of Care for negligent conduct? a) determine whether or not a reasonably foreseeable risk of injury existed b) determine whether or not the case before the court is analogous to previous cases in which a duty of care has been found to exist c) determine whether a sufficiently close ‘neighbourhood’ relationship exists to justify a duty of care d) determine whether or not policy considerations exist which may work against the finding of a duty of care e) all of the above 5. In which of the following is Donoghue v Stevenson [1932] most associated in this unit? a) value of the defendant’s conduct b) remoteness of loss c) causation d) duty of care for negligent acts e) contributory negligence 6. Under the contemporary approach to establishing a Duty of Care, which of the following relationships would likely give rise to a duty of care? a) Alan, an employer and Bob, an employee of Alan b) Echo, a driver of a motor vehicle, and Foxtrot, another road user c) Alpha, a doctor, and Bravo, his patient d) Maker, a manufacturer, and User, a consumer of his products e) all of the above 7. Which of the following is a requirement for establishing duty of care in negligent advice from Shaddock v Parramatta City Council (1981)? a) the advice must be true and correct b) it was reasonable for the recipient to act on the advice b) the speaker realised or should have realised that the recipient would act on the advice c) the recipient paid for the advice e) both (b) and (c) 8. In relation to an action in Negligence, how much care must the defendant have shown in the circumstances to avoid breaching the required standard of care? a) the amount of care a reasonable person would have shown b) the amount of care the plaintiff would himself have shown c) the amount of care the defendant actually showed d) the amount of care an ordinary person standing nearby would have shown e) the amount of care a lawyer would have shown in the circumstances 9. In which of the following is Haley v London Electricity Board [1965] most associated in this unit? a) probability of harm b) seriousness of possible injury c) costs and opportunities of avoiding the risk d) value of the defendant’s conduct e) conformity with established standards 10. In which of the following is Paris v Stepney Borough Council [1951] most associated in this unit? a) probability of harm b) seriousness of possible injury c) costs and opportunities of avoiding the risk d) value of the defendant’s conduct e) conformity with established standards 11. In which of the following is Derrick v Cheung (2001) most associated in this unit? a) probability of harm b) seriousness of possible injury c) costs and opportunities of avoiding the risk d) value of the defendant’s conduct e) conformity with established standards 12. In which of the following is Bolton v Stone [1951] most associated in this unit? a) probability of harm b) seriousness of possible injury c) costs and opportunities of avoiding the risk d) value of the defendant’s conduct e) conformity with established standards * * * * Short Answer Questions * * Question 1 In a negligence case, name and describe one (1) guideline which the court may use to determine whether the required standard of care has been met. Question 2 Briefly explain the significance of the decision in Donoghue v. Stevenson. Question 3 In the tort of negligent advice, how does the law determine whether the defendant owed the plaintiff a duty of care? Question 4 Who or what is a ‘reasonable person’? LAW1100D TUTORIAL 3 Question 1 The WA Parliament passes legislation and an industry body is concerned about the interpretation and application of a particular section which states: â€Å"no person shall sell or offer to sell an offensive weapon in a shop.† Unfortunately, there is no definition of the term ‘offensive weapon’ in the legislation. The industry body’s concern about the possible application of the Act to four of its members (a supermarket, a hobby shop, a coffee shop proprietor and an antiques shop owner) centres around four possible scenarios: (i) Would the section apply to a supermarket which gives away a free steak knife for every purchase of goods over $100? (ii) Would the section apply to a hobby shop which sells a plastic toy gun for $20 to a customer? (iii) Would the section apply to a coffee shop in which a customer drinking coffee at a table also sells a flick-knife for $15 to another customer? (iv) Would the section apply to an antique shop which sells a Napoleonic cavalry sword to a collector for $25,000? What is the likely interpretation of the statute for each of these scenarios? Use the rules of statutory interpretation to support your answer. Question 2 A section of an Act provides as follows: â€Å"Where a mortgagee sells land to recover the amount of a loan advanced on the security of the land and the sale of the land provides more than the balance of the mortgage, the balance after sale shall go to the person entitled to the property.† Mark mortgaged his land to ABC Bank in return for a loan of $200,000. Mark is unable to repay the loan, and the ABC Bank (which was given the power of sale by the mortgage document) sold the land to Fred for $250,000. Using the rules of statutory interpretation, which party gets the balance of $50,000 – is it ABC Bank, Mark or Fred? Question 3 â€Å"We are told that law is a set of rules that is ultimately enforced in the Courts. One source of law is statute law. To enforce a rule in a statute,  the meaning of it must be understood. To understand the meaning, the words of the rule must be interpreted. If we are to have confidence in the law, this interpretation must be consistent case after case.† Reflect on the above statement, and then describe the aids to interpretation provided by the Parliament and the common law statutory interpretation rules used by the Courts. In your answer, discuss whether or not you think these aids to interpretation and rules are sufficient to ensure the consistent interpretation of statutes.

Hum 1 Essay Example | Topics and Well Written Essays - 1000 words

Hum 1 - Essay Example Consequently, the outstanding performance made Achilles, Hector and Odysseus make them heroes of all ages and all regions of the globe at large. One of the most distinguished characteristics of the Homeric heroic code includes that the heroes contain exceptional physical strength and mental capabilities. Hence, even humans, they enjoy some traits attributed to Greek gods. Thus, Achilles, Hector, Odysseus, Patroclus, Ithaca and others perform such marvelous deeds that arouse astounding wonder and invite shocking surprise of the readers and spectators alike. Hence, Iliad serves as â€Å"an expansive poem of enormous scope, composed in an archaic and superbly elevated style of language, concerning the wondrous deeds of heroes; these deeds were meant to arouse a sense of wonder or marvel is difficult for the modern mind to comprehend, especially in a time when even such words as wonderful or marvelous have lost much of their evocative power.† (Nagy, 1991) Furthermore, another uniq ue trait of them is that they never surrender on the way to gravest challenges, either they are being challenged by the enormous monsters, or fighting against the floods, famine and any other natural calamity. For instance, Hector did not the prophecy of his being killed in the battlefield, and left his beautiful wife Andromache and innocent son Astyanax in order to display gallant deeds against the foes of his Trojan nation fighting under the commandership of Greek Achilles. Hence, he strictly observes pride, prestige and honor in his behavior, and his feet never waver or tremble even when he was at the verge of his inevitable death at Achilles’ hands in the war. The same was the case with Achilles himself, who forgot his resentment he had maintained for Agamemnon because of his injustice towards him in the case of Chryseis, the Trojan lady, who became captive during the war and was taken by Achilles but was snatched by Agamemnon. Thus he displayed unconditional and unflinch ing dedication and valor during the Trojan War and killed Hector in the battlefield. "Oh Father Zeus, people say for wisdom you exceed all others, men and gods alike. Yet all this comes from you. . . ." (13.744) [13.631] Similarly, Odyssey concentrates upon the long and challenging journey of Odysseus, which was meant to return home in order to reunite with his wife, son and father. During the journey, he has to undergo severe trials and hurdles on his way, and every time he manages to crush these hurdles under the chariot wheels of his astounding determination, extraordinary commandership and exemplary intellect. He loses his companions in the Island of Cicones and is captured in a cave in the Island of Cyclopes. The race of cannibals stops him from proceeding on the one hand, and bad winds prove unfavorable towards Odysseus on the other. In addition, he has to spend many years as captive of the goddess Calypso. But he remains as firm as rock in the face of hardships and obstacles and subsequently comes out successful and triumphant in all ordeals and trials. Hence, he is

Comprehensive Education Under Re-evaluation Essay

Comprehensive Education Under Re-evaluation - Essay Example This report declares that schools can no longer be afraid of hurting Johnny’s feelings by suggesting he may be better at pursing advanced education in skilled trades rather than insisting that he learn along side of someone who is more suited for a professional career path. Each of these students would be better served if he or she were surrounded by like minded students rather than forced together with students of dissimilar talents and desires. In addition, in the post modern era, segmentation of skills and population within the work environment is understood as strength rather than an obstacle. The differences within the abilities and desires of individuals are strengths upon which businesses are learning to build. Therefore the comprehensive model, which seeks to move all individuals toward a cohesive social organization, may be less desirable in the current age. For this reason, the policy of segmentation, and launching specialist schools is one receiving more attention, and being given more consideration. This paper makes a conclusion that in the CASE seminar discussed previously, one of the visiting professors, in an attempt to support comprehensive education, cited that "The German approach of providing different streams for vocational and academic education is part of the reason for that country's economic success. The time has come when educators supporting the comprehensive model honestly address the widening gap between the goals and the results produced by comprehensive educational models.

Eisenhower Essay Example | Topics and Well Written Essays - 1500 words

Eisenhower - Essay Example Gerras’ critical thinking model can be used extensively to discuss the decisions made by Eisenhower during the war. The critical thinking model proposes that there are many step to be considered before an individual makes a lasting decision, since there are many aspects to the decision at hand. The first major step proposed by Gerras is the issue of clarifying the concern or main problem, which in the case of Eisenhower, came in different types. Gerras’ critical thinking model can be best used to analyze Eisenhower’s decision to support Gaulle to President Roosevelt and the decision concerning General Patton’s slapping incident. An analysis of the decision on de Gaulle can reveals the critical thinking steps that Eisenhower went through to make the decision. The first step that Eisenhower took is the clarification of the concern, or the identification of the problem as applied to the current situation. The problem in this case was the infringement of polit ics in de Gaulle’s and Giraud’s aim to control the Free French Movement.1 The decision to be made had to be critically analyzed to determine the implications, concerns, available information, point of views, and finally, the main decision. From General Eisenhower’s point of view, he believed that the French Committee of National Liberation was in the best interest of the allies.2 The other decision made by Eisenhower was the decision concerning General Patton’s slapping incident, where Patton was accused of slapping two ill soldiers, yet Eisenhower decided to retain him as one of his top commanders. The slapping incident and the subsequent decision demonstrated Eisenhower’s critical thinking abilities. Using Gerra’s critical thinking model, many factors come up, for instance, the decision or concern was whether to fire or retain Patton. The second factor was the evaluation of the information received, Eisenhower received the information afte r the act had happened, and did not seriously consider firing Patton. The most important factor in the critical thinking model is the evaluation of available information. From General Patton’s case, the information that Eisenhower needed to analyze included the costs of firing and replacing Patton. After this analysis, Eisenhower decided that Patton was too valuable to the war, and thus decided to retain him, though at a position without major command. This demonstrates that Eisenhower’s decisions in the war can be demonstrated using Gerra’s critical thinking model. Question 2 An analysis of Eisenhower’s decision in the war also leans on the negative, where it can be concluded that he sometimes made unwise decisions. This part of the analysis on Eisenhower will focus on one major decision made by the General, the decision to leave Fredendall in position for too long. This decision will be analyzed using Allen and Coates (2009) decision-making model. This essay will focus on two parts of Allen and Coates models; the rational and incremental decision-making models. The rational model will be applied by considering the consequences step of the model, and the incremental model will be considered by applying one characteristic specified by the model. The rational model of decision-making is a model that can be applied to decisions that require a lot of input and thought. Eisenhower’

Human Bioscience Essay Example | Topics and Well Written Essays - 1250 words

Human Bioscience - Essay Example bases with a breathing rate of 40 beats/min and the skin is flushed. Electrocardiograph (ECG) demonstrates tachycardia (fast heart rate). The child remains semi-conscious.   John and Linda put on gloves and initiate supportive care and treatment for this child. They proceed with the following treatment:   Airway – insertion of a nasopharyngeal airway   Breathing – application of a non-rebreather oxygen mask   Circulation – location and cannulation of an accessible vein for fluid hydration and drug administration.   The treatment is completed and the paramedics carry the child down to their stretcher and out to their vehicle. John goes into the back of the ambulance with the child and Linda climbs behind the steering wheel and drives to the hospital. At the hospital the paramedics perform a handover to the medical staff providing the history and the results of their examination.   The medical officer, Dr. George, makes enquires of the mother confirming the initially supplied patient history. Dr. George notes that the mother is periodically coughing and asks her about her own health. The mother replies that she had been ill last week and she thought it might have been flu as her joints were achy but that she did not see the doctor as she was too busy at work. She self-medicated throughout with cold and flu tablets from the local chemist. She now feels much better but still is periodically coughing. The mother is 22 years old. Dr. George has admitted to the hospital several very unwell patients with flu like symptoms and a cough in the past few days aged between 8 and 20 years, one of whom is currently semi-conscious and in intensive care.   The nursing staff, Sue and James, repeat the observations for body temperature, blood pressure, pulse, breathing rate and level of consciousness whilst also transferring the child from the ambulance equipment to the hospital’s breathing support equipment and ECG monitor. James puts on gloves and checks that the cannula placement and drip line have remained patent during the transfer. Dr. George checks the child for neck rigidity and reactions to bright light. He then takes a blood sample and orders a full blood count and antibody markers as well as a chest X-ray and spinal tap for a cerebrospinal fluid (CSF) sample. He also writes a request for the fluid hydration to be continued and prescribes an antipyretic to lower the child’s temperature. Dr. George is looking to differentiate between influenza and meningitis. Dr. George considers prescribing antibiotics as a precautionary measure for meningitis whilst awaiting the results of the diagnostic tests.   Dr. George then proceeds to take a more detailed history of where the child has spent the last couple of weeks and who he and the mother have been in contact with.

Introduction to Criminal Justice Coursework Example | Topics and Well Written Essays - 750 words

Introduction to Criminal Justice - Coursework Example Another problem with UCR is that it only reports the most serious offense and does not collect all important pieces of information. To improve the reliability and validity of UCR data efforts are being done to improve how crime statistics will be reported and collected. Apart from UCR, there is now the National Incident-Based Reporting System (NIBRS) which aims to provide a more detailed crime statistics and collect information in a more categorized and defines ways. 2. Victimization surveys refer to the method of questioning the victims of a crime about their experiences. These surveys collect a more detailed information about the crime incident, for instance when and where it occurred, how was the crime executed, and whether the victim was related to the offender. The advantages of Victimization surveys are: (1) provides more accurate estimates on the dark figure crime; (2) collected data help in understanding why some people choose to not report crime events to the law enforcement ; (3) the information gathered provides criminologists further explanation about the association of crime and social interaction that exists between the victim and offender. On the other hand, Victimization Surveys are also perceived to be limited in scope, unreliable due to memory errors, deception, sampling error, and telescoping. 3. Children are deemed to be one special population of crime victims. Since they are young and helpless, it is very easy for them to be abused by older family members. Different forms of abuse (physical, sexual and emotional) and neglect are the usual types of victimization that they confront, and the rate of victimization is on its highest among the youngest children. Another special population of crime victims is the senior citizens group. The usual types of victimization they face are nonfatal violent crime which is at 5%, and property crimes which is at 25%. The third special population of crime victims is the intimate partner. Intimate partners norm ally experience violent acts like murder, rape, robbery, and assault. Approximately, there are 570,000 women offended by their partners. 4. Often, the victims interact with the police in an uncomfortable and apprehensive manner because, first, the victims find the police’s process of questioning intimidating and, second, the victims are virtually always anxious about the result of the investigation which poses conflict to the â€Å"slowly but surely† process of the police. Similarly, the victims also feel uncomfortable and intimated whenever they interact with the prosecutors because of direct confrontation and vandalizing their property. In terms of the victims’ interaction with the parole boards, the conflict between the victims and parole boards usually arises when their offender receives an early release order, not to mention that majority of the parole boards give less credit to the statemenst of the victims. 5. The four main goals of punishment are general deterrence, specific deterrence, incapacitation, and retribution. 6. A punishment is deemed effective when, as much as possible, the offender is being punished immediately after the offense, the offenders are well-informed as to why they are being punished, there is consistency in the implementation of punishment, and there exist a strong and healthy relationship between the criminal and the punisher. Generally, punishment in the United

Walthers Social Information Processing Theory (SIPT) Essay

Walthers Social Information Processing Theory (SIPT) - Essay Example SIPT has developed in reaction to the theories of social presence, media richness, and social cues that criticized CMC. The social presence theory asserts that CMC deprives users of the actual presence of people, which results to CMC that is â€Å"more impersonal, individualistic, and task-oriented† than face-to-face communication (Griffin et al., 2015, p.122). This theory suggests that face-to-face communication has higher social presence than CMC, which results to more personalized and collective communication processes and effects (Noy, Raban, & Ravid, 2006, p.179). Media richness theory states that the bandwidth of the communication medium affects its ability to offer rich relational messages (Griffin et al., 2015, p.122). It insists that CMC has a narrower bandwidth compared to face-to-face communication, so the latter is more capable of successfully building close social relationships. Another theory asserts that CMC filters out social context cues (Griffin et al., 2015, p.122). It asserts that CMC users cannot determine and properly respond to their relative status and that CMC lacks social interaction norms, so CMC users tend to be less controlled when expressing their emotions (e.g flaming easily online since the sender is not in front of the receiver) (Griffin et al., 2015, p.122). In 1992, Walther developed the SIPT to assert that CMC users can maximize the limited cues they have to foster close relationships online (Griffin et al., 2015, p.122). Media richness theory states that the bandwidth of the communication.

Eradicating Cheating in the Educational System Essay

Eradicating Cheating in the Educational System - Essay Example At a very young age, the students are exposed to adult problems like facing the necessity of putting food on the table and taking care of their younger siblings. They carry the burdens of problems supposedly faced by their parents; however, due to the fact that oftentimes a father is in jail or a mother is struggling with drug addiction, the children are oftentimes faced with the very real demand that they begin to find alternative ways to earn money of their own so that they can help supplement the meager earnings of their family. With such a kind of life, the students are exposed to hardships that pressure them to cheat in order to survive in an increasingly challenging educational environment. Furthermore, in order to examine and understand the factors that oftentimes leads students to cheat in the first place. By way of perception, educators and police often consider these youths to be a mere extension of their parents; i.e. drug dealers and cheaters who are threats to the peace and order of the traditional community. They know they are selling drugs and they are watched by the requisite authorities in similar ways as are adults. Sometimes, they are also made as assets when the opportunity arises. They know they are tough so that even if they are young, they play rough with them. The children’s parents look up to them to take responsibility in their families. For instance, Michael is expected to provide for the family’s needs and in the eighth episode of season 4, he even gives his mother money instead of the mother giving him what he needs (The Wire Season 8 Episode 4 [34:37]). The familial and environmental backgrounds of the children demand them to become tough as they are and lost interest in schoolwork. However, to the teachers, the children are still children and human beings. Although most of them are failing in their classes, teachers like Prezbo do their best to seek to  continue to impart knowledge to the children in their classrooms.  

Distinctions between male and female serial killers Assignment

Distinctions between male and female serial killers - Assignment Example To date, there is scanty data on the female serial killers and how the differ from male serial killers (Wolfgang, 2007). By definition, a serial killer is anyone who has killed at least three people over time in separate incidents and in a civilian context. This means, the killing done by terrorists or military personnel in their duty does not constitute serial killer but rather that health care worker or parent who kills their victims. At first, it is hard to draw a line between the male and female serial killer but a closer look shows some difference between these two groups. In contrast to female pattern serial killer, the profiles of the male who kill have been studied extensively. Some of the early researchers such as Guttmacher & Wolfgang (1960) concluded that most serial killers were typically black who mostly killed in response to some argument or physical confrontation. The most male serial killer has tended to kill outside their homes perhaps in a bar or the streets and used knives and guns to overcome their victims. The victim of the women, seem a little different. Unlike male serial killer, most of the women serial killer victims are family members, friends or acquaintances. Male serial killers have tended to inflict damages in addition to causing death to their victims and engage in some form of torture before they kill their victim. They have shown some tendency to use hands-on skills when killing their victims using blunt objects, knives, and hands as part of the processing of killing the victim and power domination as part of the motivation behind killing. This is very unlike female serial killers. The female serial killers never use force or power to overcome their victims. Mostly, the known female serial killers have been known to murder their victim using poisons such paralyze their victims (Keeney & Heide, 2004). Male serial killers have also been identified to use stalking behaviors whereby the trail their victims keenly observing

Pollution and Transport.Docx Uploaded Successfully Essay Example for Free

Pollution and Transport.Docx Uploaded Successfully Essay Topic essay: types of pollution Industrilization is more and more developing. This accompanied by pollution. The three main types of environmental pollution are land pollution, air pollution, water pollution. The first type of pollution is land pollution. Land pollution is the earrth’s surface and soil, directly or indirectly as a result of human activities. The earth’s natural land is surface by industrial, commercial, domestic and angricultural activities. The second types of pollution is air pollution. Air pollution is pollution of the air which can affect the health, surviral or activities of many organism’s, including humans. Pollution of the air is the accumulation of hazardous substances into the atmosphere that danger human life and other living matter. The final types of pollution is water pollution. Water pollution is the introduction of chemical, biological and physical matter into large bodies of water that degrade the quality of life . that live in it and consumes it. Water pollution can also make water unsuited for the desired use. In conclusion, environment is very important to our live. Without land, we wouldn’t have the foods to eat. Without air, we couldn’t be able to breathe. Without water, we couldn’t live more than 5 days. Topic essay: The important of transportation Transportation is very important to any nation. All towns produce or need products. Those products must get there somehow. There are three main important of transportation: reduce the physical separation of different countries, one of the importance aids to trade and help people transfer easier. Firstly, transport reduce the physical separation of different countries. nowadays we can travel easier by air plant or the other transport from a country to another country.. Even we can travel to the other planet with transport. We just take about 1, 2 hours or more to transfer from a place to another place instead of 1 day, 1 weeks or more . Secondly, transport is one of the importance aids to trade. All trade of wealth and productive labor involves transportation, whether it is the movement of goods or the movement of people from their homes to their jobs or their  homes to the places where they shop. In other words, the global society would not have comfort and convenience had it not been for advancements in the transportation sector. Trade is essential to economic vitality, and transportation is essential to trade. There would not have been any great infrastructure, industrialisation, or massive production, if transportation was incompetent. Finally, transport help people transfer easier. It’s so easy to move around on transport. Without air plant, train or the other transport, this would so difficult to transfer, travel or trade. In conclusion, Nothing is more important to civilization than transportation and communication. Trade is essential to economic vitality, and transportation is essential to trade.

Characteristics and Features of CSS

Characteristics and Features of CSS Assignment 1: P1/m1 Introduction CSS was introduced in 1996. It was created to stop people from having to repeat a lot of code. For example, if someone wanted to change the paragraph text, they would have to do it every single time they wanted to change the properties. CSS has since become more adapted to having more features, for example you can now use the # and change the background to a massive array of colours. What is CSS CSS is a formatting language used to add styling to your page. This is done by having the CSS document linked into your html page. This page then has selectors and properties which affect the tags inside your html document. Characteristics of CSS CSS is written in the following this rule: selector {property: value;} an example of this would be: This would be used to change the full page to a grey colour. As you can see, the body is the selector, the rule is the background colour and the value is the colouring. The order of operations is how the page is read and ordering the methods of formatting into importance. The order goes as follows: HTML, Inline, Internal then external. How do we use CSS: Three ways of HTML accessing CSS Inline An inline style sheet only affects the tag it is in. This means that you can change small details of the page without changing everything on every single page. This is good because if you had an external style sheet/internal with everything in it. You would have to make a new tag just to change that one detail. Inline overrules external which means you can change small details. After HTML, inline is next on the order of operations. This means that it overrules internal/external. This is an example of the background colour being orange on a webpage: As you can see, the background colour is set to orange. And this would be a standard for every page with the style sheet attached. However, if you go to the body tag in html and add this line of code a line of code that would look like this: I would then change the colour of the background regardless of the background colour set by the external style sheet/internal. Another example of this being used would be with font styles. You would for an external style sheet put a P value followed by the attributes like this: and this would-be outcome: However, if I wanted to have a green text on one single piece of paragraph text you would then use inline styling. You would put something like this: and this would change the colour of what the external styesheet had set it to. This is good because if you again had a lot of paragraph text but you needed this to be slightly different for example you wanted the size to be a little bit smaller you would then have to create a whole new tag. This way you can change a few properties and only on that one tag. You would use internal when you only want to add a small change to a single tag. This is because inline only affects the one tag it is inside. You would not use inline when you either want to affect the full page or the full website because you would have to copy the code over and over again. Internal Internal styling takes place in the head of the html document. This means that if you are customising the page, you can see everything from scrolling. The internal styling is placed in a and a inside the tags. For this example, I am going to show you 4 different headings I created through internal. I will now show you the outcome and the text inside the body. This looks simple, neat and organised because it is. Unlike inline, the styling and the tag is separate. This means that you arent as confused by the styling as you might be if it was inline. Both internal and external are superior for this reason. I will now she you all the styling I used to get the outcome that you previously saw: As you can see, I can add a family of fonts. This means that if one font is not supported on a users computer they will see a different alternative font. I added a text-align because if I wanted to add these tags inside a shape they would stick to the right of those shapes. Font size is just formatting how big I want the text to be in opposed to how big it would default to if I left it with the html style. An advantage to internal styling is the fact that it overrules external in the order of operations. This means that if you had one stylesheet linked to all of your pages but you wanted a few small changes you wouldnt have to make a new stylesheet instead you can just change it in the head tag. A disadvantage would be that internal is under inline so if you have accidentally forgotten to remove a piece of inline code you dont want inside it you might miss it and have to go all the way through the document just to find what you are missing. You would use internal possibly as a backup. For instance, if the external stylesheet doesnt download properly and crash you would still see the website like normal because it would then turn to internal for the whole stylesheet. You would use inline when you want to make changes to the whole page but not every single page, like changing the font size of headings. You wouldnt use internal when you already have an external stylesheet set up normally because it simply isnt needed. Only as a backup. External External stylesheets allow someone to format their webpage (much like internal) but on a separate document. This means that you can have 2 or more workplaces (as you can link more than one stylesheet into your document) giving you a much cleaner workspace. This would be a massive advantage due to the fact that the stylesheet is easily accessable. However, it is a disadvantage because any change you make to the external stylesheet affects any html document that is linked to it.The stylesheet you attach would be a CSS document that you would use to format tags in. In terms of the order of operation, External is last. Putting the order to: HTML, Inline, Internal and then External. This is both a positive and a negative. It is a positive because you could have something like a background image like this: Which would set the background to: (and for reference if you zoomed out, it would tile) This could then be linked to every page and would set the background image to that. But if you wanted the background to be something else, a different image, you could use inline styling on the body tag to change it to that image. However, it could be called a negative because if you are altering someone elses website and you wanted to use external, they may have inline which would mean you had to go through each line of code to check. Some websites have over 900 on just the HTML page. You would use external when you want to make a stylesheet that will run on every single page (or a number of pages) because instead of having a long list of lines of code clogging up your HTML page, you would only have to deal with 1 line which would be the link to the page. You wouldnt use external if you only have 1 page because it would be impractical to have 2 pages when only 1 will be visible. (it would be more efficient to just use internal) Linking a stylesheet A fully linked stylesheet looks like this: Href: This is the path to the stylesheet. As you can see mine just says main.css which means that I dont need to go anywhere other than the file. Main equals filename and CSS is the document type. If for example you had to go back in the path. Before the file name, there would be a ../ This would look like this: And if you had to go forward in the path, you would see a /foldername then the file name. Type/rel This is done just to tell older browsers/mini browsers the actual document name because it tells them the document name. P2: Box Model What is it? A box model is something that allows a web designer/developer to create a layout to the page. This is high in accuracy due to the fact that you can edit right left up and down pixel by pixel. You also have options between margin and padding. Why do we use it? You would use this model to apply accurate spacing on your objects inside the webpage. You are also then able to work out how much space has been used and gives you an option for borders. How do we use it? An example of when you would use a box model would be when adding in a shape. As you can see here, you would add styling to a div tag like you can see here. This would set the size for it but not add anything to do with the box model. This means that if you added another box, they would be directly touching. Like this. To fix this you would want to add a margin-bottom like this: The issue would then be fixed and there will be a 10px gap between the two objects. Content: Content is the actual image or the text. The content is the centre of the box model and is what it is created to serve. This is because without the content there would be no need to have any spacing or any borders because there would be no item for it to be based on. Padding: Padding is the distance between the content and the border. This is to add inside space and make your spacing more accurate than just using margin which is the outside. An example of padding would be: In this example, I show the use of one number in padding. This means it affects the padding of up, down, left, right. I could use 4 numbers which would affect up, down then left right like this: This is good because it allows a lot of choice which is very precise. Border: The border is the outline after the padding. Without padding, the border would take place around the content. It would look like this: And the code will look like this: However, to move the border location you would need to add padding. This is due to the fact that padding is inside between the content and the border. If you wanted it to move further outside, you would need to add this line of code in: This makes the outcome look like this: You are also able to change the border style, currently I have the double border style but that can easily be changed my altering the value. For example I could set it to dashed like this: With the outcome of this I will now show 4 more examples of using borders. This is just a standard border with the colour defaulting to black. The margin is used to add a space between the bottom of each box. This adds a dashed border instead of the solid style and I have changed the colour to red. This has a bored style of dotted and the colour is set to green The border is the ending to the content area. You can set this to be 0 px which would make the border invisible to someone viewing it. You also have the option to choose things like Margin: Margins are used to add outside spacing after the border between objects. This is effective because it means that you are able to have some space before the next starts. Without margin you wouldnt be able to create a spaced website that has borders because the borders would always be touching and padding would be on the outside. An example of margin would be this: This shows spacing at the bottom without them touching. Without the margin, they would be touching which would look clunky and wouldnt look professionally made at all. This is what it would look like without the margin being added:

Healthy Rise In GSK Profits Commerce Essay

Healthy Rise In GSK Profits Commerce Essay This report outlines the analysis made at micro and macro level on UK based pharmaceutical company, Glaxo SmithKline Plc. In this context the scope of the industry is analyzed and based on the threats that the industry can face a critical study is carried out to predict the future market position of GSK among its competitors. This analysis made is based on various models and frameworks like Porters five forces, Porters generic strategies and PESTEL analysis. These models help in clearly defining the strategic position, strategic fit and the competitive advantage of the company with respect to sustainability over the future market scenario of the pharmaceutical industry. GSK is one of the market leaders in pharmaceutical industry that comprises of 7% of the worlds pharmaceutical market. It is head quartered at UK and with operation based in US has a long history from 18th century. GSK was a result of two major market holders; Glaxo Wellcome (Burroughs Wellcome Company and Glaxo Laboratories) merged with SmithKline Beecham (SmithKline Beckman and Beecham group plc) to form GlaxoSmithKline Beecham during the early 2000 (Glaxo SmithKline, 2009a, 2009a; Glaxo SmithKline, 2009b). Pharmaceutical Industry A pharmaceutical industry in general can be defined as a private organization where discovery, development, manufacture and sales of drugs and vaccination into the market takes place (Britannica, 2009). With respect to the case study company, GSK proves to be a market leader as a research based pharmaceutical industry providing diversified health care products to influence humans life towards betterment (Glaxo SmithKline Plc, 2009a; FAME, 2009a). Market share: The recent statistics (Euromonitor, 2009a; Euromonitor, 2009b) shows that GSK by holding 7% worlds pharmaceutical market share remains to be the second major pharmaceutical company in the world and it is the third largest leading OTC health care company with a market share of 3.4% following Johnson Johnson Inc and Bayer AG. Recent report shows that GSK has shown increase in their turn over market share in vaccine sales and diversified products in US irrespective of the recession during 2008 (Brian Kevin, 2009). There has been a 10% increase in profit and sales during the third quarter of 2009. This was due to the sales and urgent orders made by various governments around the world for the treating pandemic influenza virus (Milligan, 2009). GSK gives a tuff competition to its major market share holders and generic. The pharmaceutical industry can be classified as an oligopoly market, because two major firms GSK and Pfizer will be working together to obtain solution for HIV/AIDS. Thus this will lead in building barriers for the other minor market competitors to reach the top 5. But still the generic industries in the market remain to be a major force of competition for GSK when its products patent expires (Jack, 2009). External Analysis on GSK The external analysis on GSK is done using PESTEL and Porters five force models. Macro environment The PESTEL analysis is generally used at the macro environment of an industry to understand the key drivers for change. This frame work tells the managers to make efficient strategy based on the PESTEL analysis report. Thus a few core factors of change are discussed below, POLITICAL: The US Govt by approving the license application for the pandemic vaccine allows GSK to manufacture and supply its unadjuvanted vaccine for the use of US people. Similarly many other European and Asian nations have also ordered for this vaccine which in turn will reflect a hike in GSKs revenue (Milligan, 2009) TECHNOLOGY: GSK adopted sourcing technologies from Emptoris solutions to obtain spend analysis, supply and contract management software solutions that empowered the company to add up another billion to the profit (Emptoris, 2009). The result of this was proved with the awards that it received at 2005 Baseline ROI leadership Awards for Supplier coordination and Performance management (Ziff Davis media, 2009) SOCIAL: The demographic changes are similar in Africa (Cutler J. Cleveland, 2009) India and China. The changes taking place raises a demand for increase in the standardization of the people and influencing longer life to them for a fraction of a price charged at UK. Thus GSK finds the emerging markets like these countries and establishes its brand and products to gain advantage of the changing demographic factors (Financial Times, 2009a). ENVIRONMENTAL: The threatening animal rights campaign caused the smaller firms to shift their company headquarter from UK .But GSK with the support of UK govt dissolved the case (BBC news, 2009a). LEGAL: The patent protection has been a major issue while making a sales competition with the generic manufacturers (Jack, 2009a). ECONOMIC: The recent economic recession that hit the US and UK market made GSK to cut jobs in selected plants (Decision news media, 2009). The analysis has helped in defining the extent of macro environment that supports GSK through it progress by providing few facts that remains to be driving factors to bring change for the companys revenue and brand image. However, certain environmental issues and legal factors can make the investors to rethink. Finally UK govts dependency on GSKs share towards economy is an added advantage that will remain ideal. Industry and sector: The Porters five force framework explains the influence of competitive forces surrounding an organisation. The key factors like exit barrier for existing company and entry barrier for new entrant (Gassmann et al, 2004 p21) to emerge as a rival to GSK are discussed below. Power of buyer: Power of buyer may not be a major issue for a new potential entrant to consider, but he cant stick to a single supplier. Considering GSK, it maximizes the number of chemical supplier to avoid supply disruption which results in loss in market share. On the other hand it minimizes the number of machinery and equipment to single supplier for processing products to maintain identical standard (Pierce Lisa McTigue, 2004). Power of supplier: The power of supplier is very low in the current pharmaceutical market because procurement through reverse e-auction (Science Direct, 2009) results in low switching cost (Gassmann et al, 2004 p23) and it is being followed effectively by GSK. The high supplier concentration ratio in pharmaceutical industry makes the suppliers to liberate their powers over the buyers. Threat of substitute: Threats from generic manufactures (Jack, 2009a) of drugs, have been a major threat to GSK because price competitiveness is always a major attraction to insurance company, International bodies like NICE to approve and for the end customers. Threat of entry by a potential entrant is medium. A new entrant can be former chemical manufacturer or supplier then the complexity for the company to emerge into a pharmaceutical company is quite easy. Regulative forces: The major issue in a pharmaceutical industry can be the patent protection, changing trade law and taxation, tort law (Glaxo SmithKline, 2001), approval from FDA (Russell, 2008), European and other regulatory authorities. Rivalry: Globalized leaders such as Merck, GSK, and Pfizer have remained as strong rivals in launching new or updated products (Griffiths, 2006). Competitors: The critical success factors are influencing aspects of a product that are valued by the customer/consumers. Thus the organisation has to consider these factors for taking advantage among their competitors (Johnson et al, 2008).As discussed before GSK deals with prescribed drugs and non-prescribed drugs (OTC). Thus these diversified products that it manufactures have various customer and consumers. There are four critical success factors identified in GSK as per customers valuation. They are Value, Variety, Share return, Skilled clinical testing, Value: OTC products can expect a lot of price sensitive customers buying those in the shops. However, the prescribed drugs which have less price conscious patients and more public and private hospitals. Drugs purchased by the hospital board are checked for its cost effectiveness by national organisation like NICE. GSK with high brand images looses the market due to low cost generic products after the expiry drugs patent. So GSK has to consider about the cost factor to overcome the price war. Effectiveness: Generally the drugs with more effectiveness towards the medical problem are preferred by the end customer. GSKs LEVITRA ® (Glaxo SmithKline, 2009e) which had 25% higher efficiency than it competitors drug Viagra gained an edge. Skilled Clinical testing: It is a major concern for NICE and NHS in UK. They are more concerned about the side effects that a drug can cause if it is not properly tested. (Glaxo SmithKline, 2001). Variety: diversified products with high variation are always expected by the consumers globally. GSK develops OTC products, prescribed drugs and orphan drugs (FAME, 2009). So this factor is not an issue for GSK since it has a high to make further improvements. Internal Analysis on GSK The internal analysis on GSK has been basically carried out by analysing the strategies of the company. Strategies of GSK To make a general analysis of competitive advantage the company is facing through its strategies, Porters generic strategy tool is been used (Porter, 1998a; Porter, 1998b). Porters generic strategies consist of 3 basic subdivisions such as Cost leadership, Differentiation and Focus strategy. GSK use certain strategies to create an unassailable position or outpace the competitors in the pharmaceutical industry. Considering the past 5 years GSK has effectively chosen and implemented several strategies to meet its goals. But not all those strategies have produced expected results. Cost leadership: According to porter risk outcome from having cost leadership distracts a company from possessing diversified products (Porter, 1998a). GSKs strategies have never aimed for having a cost leadership. Their major concern was to produce cost effective drugs by sourcing globally through reverse auctioning and not producing low cost drugs like the generic manufacturers who wish to position themselves in low-cost position in the industry. So GSK cut and save expenses in production and procurement to avoid the risks in differentiation as mentioned by porter Differentiation: GSK follows the strategy of MA on various biotech firms around the globe to make a use the latest technology for its drug discovery and development. This adds value to the product and the people pay the premium price fixed by the company. GSK invests more on Research Development for adding more value to the product. Recent alliances with Harvard Stem Cell Institute (Glaxo SmithKline, 2008a) and acquisitions such as that of Stiefel Laboratories and Genelabs (Glaxo SmithKline, 2008b) provide added advantage to the research and development of drugs. Competitive Advantage Resources The resources can be classified into tangible, intangible and human resources. Tangible: This can be diversified into financial and physical tangible resources. The financial resources are cash, securities and borrowing capacity (Hitt et al, 2009). Financial resources and physical assets are identified and valued in the firms financial statements. Database (ORBIS, 2009) reports GSKs balance sheet tangible asset value to be $14,108,592. The physical assets include labs owned and leased, land space for offices, manufacturing plant, medical equipment, non-medical equipment. However, the primary objective of resource analysis is not to value a companys assets, but to understand their potential for creating competitive advantage. Hence therefore GSKs tangible resources are threshold resources. Intangible: The intangible resources are the most important rather than tangible resources (Hitt et al, 2009). This is because the company introduces its premium price with the confidence to the brand image it has. And the people who have no idea about the same product from an unknown company prefer the branded product at the premium price. The intangible resources of GSK are generally the brand image, Government support to protect the patent, good will of the company, public relation. The global public policy in Glaxo SmithKline (2007) states that, Patent protection stimulates and fundamentally underpins the continued research and development for new and better medicines for diseases including those which occur in the developing world. Without adequate intellectual property protection, the medicines that are needed in the developing world are far less likely to be developed. (2007:p.2) And a cover story from Business week (2007), states that, GlaxoSmithKline discovered that, by investing to develop drugs for poor nations, it can work more effectively with those governments to make sure its patents are protected. Thus its clear from the above statement that GSK which finds the emerging countries like India, China and under developed markets for its drugs. The company uses the strategy of preferential pricing system to obtain goodwill, patent protection from the government and to boost itself as a monopoly in the market. Thus brand image and UK Government support are the unique resources of the company. Human Resources: The human capital of GSK measures to be the highest among all other competitors like Pfizer, Roche and Johnson and Johnson. There are 101,133 employees working as a part of GSK worldwide in various departments of research, development, and production. GSK alliance with state owned university carries out its research with the scientists and students there at the labs (ORBIS, 2009). Capability Prahalad and Hamel state that the term organizational capability can be coined as firms capacity to deploy resources for a desired end result . (1990: p 79-91). According to (Prahalad Hamel, 1990) Core competences are those that contribute to customer value, and to enter new market. The key capability factors are, Ability to merge and acquire: GSK has the capability to merge and acquire firms of same or different industry for lateral and vertical integration. The company has the ability to work along with rival market holder Pfizer(Pharmaceutical marketing, 2009) and it has merged with dermatology specialist Steifel. MIS: managing information system is one of the functional capabilities obtained through vertical integration with software solutions organisation like ORBIS. GSK choose to use a Lean Sigma approach to analyze the issues and develop a long term solution that supports the needs of a global company of their size (Orbis, 2008). Vertical Integration: GSK advisor uses the services of PricewaterhouseCoopers (Pricewaterhousecoopers, (2009), which provides Human Resource Services to manage compensation, pensions, share schemes and wider reward, technology, training and tax. Research and development: as a part of organisational capability GSK possess the ability to make research various drugs according to changing market demand (Glaxo SmithKline, 2009f). GSK has the ability to integrate the functional capabilities to form the value chain. Aligning Resources and Capabilities The capability and resource together form the key competitive advantage when exploited together to execute the strategy (Prahalad Hamel, 1990). In the process of aligning the resources and capabilities it is necessary to understand the companys superfluous strength that is the RD and effective vertical integrating capability. GSK finds emerging market like China and India and under developed countries of Africa. Then the management members along with the team that analyzed the market (cross functional capability i.e, developing new product) discusses about the demand of the country and decides on a perfect product to market in that country. GSK gained popularity of horlicks in India by late 1930 itself. Horlicks was launched a sleeping aid in Britain (Telegraph, 2005) and as a supplementary malt drink in India, where it holds a market share of 75% in health drink sector (Somvanshi, 2009). It also supplies drugs of great demand like H1N1 vaccine as per order made. GSK makes an agreement with the government for protecting its patent to provide the drugs at a lower cost. As these are emerging countries that are ready to allow large foreign investment accepts the deal for patent protection. Thus GSK with its financial resource targets enters the developing market with the objective establishing its brand as w ell as avoids the threat of generic industries. By acquiring, merging or by creating alliances with other existing firms who are specialized in other fields, the knowledge and skills of the employee are used to develop newer products under its ownership of GSK (Ruddick, 2009). Generally the pressure to merge with other firms builds up, when a companys block buster drug is about to expire. By this practice GSK builds up its strength to compete the challenge with newer and innovative products. However GSK has failed to exploit the resources and capabilities to its strategies at its maximum extent to attain regulatory approval from U.S. Food and Drug Administration (Russell, 2008). Conclusion It can be argued that the GSK is perfectly in the growth stage. However company has to concentrate on innovation, developing block buster drugs, and efficiently restructuring the pipeline, rather than concerning about the off-patent. The key issues that the GSK face now is, the low returns provided to the investors and share holders. The increasing cost of the production and development of drugs increases the possibility of higher sunk costs. The outlook of pharmaceutical industry as a whole suggests that the industry may run out of highly skilled scientists in the future but still remains to be the most attractive industry with high barrier to entry. 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