Monday, July 6, 2020

Franks All-American Barbeque Business Case Study - 3025 Words

Frank's All-American Barbeque Business Case Study (Case Study Sample) Content: Franks All-American Barbeque Business Case StudyNameInstitutionRegistration numberDateQuestion 5: Factors that lead to success of a second business venture.Franks all-American BarBeQue is a successful business due to the owners principle of offering best food that attracted and retained the customers, unlike much advertising done by other similar firms. Robert, the owner's son wants to expand his father's business in a new location. He has put up measures to ensure that the new firm becomes successful as the parent business.Business locationThe management had done significant research in determining the location of the new venture, and several factors had been considered such as population density, income and total population. Situating the business in Darien, Connecticut, was the best place since there was high-income earning population, the population density was high, and many residents had families unlike other surrounding areas such as Fairfield, Westport, Easton and Norwalk. The outlet in Darien would be large to serve many customers and offer takeout services. The opening of the second restaurant is projected to increase sales, and adapting to the new location will not be limited since Franks all-American BarBeQue had been selling in the region before. The business is planning to sign a contract with a major supermarket and sell its products across New England.Products and services offeredFranks all-American BarBeQue products include the finest cuts that were desired by consumers. The meats had gained popularity because of their slow-smoked and slow-cooked nature. The meats offered include; ribs, beef, pork, and chicken. The award-winning sauce varieties will be used to serve these meats, which involve the major styles of barbecue cooking at Frank's. These products are meant to attract more customers in Darien as it does to the mother business.Competitive advantageThere are only four barbecue restaurants in Connecticut, and it shows that there is limited competition for the new firm. The prominent reputation of Franks all-American BarBeQue awards the new firm a significant advantage over other restaurants in Darien. Frank's being the restaurant that most supermarkets vie marketing their barbecue sauces, gives the new business a competitive advantage. Most new firms excel when their mother businesses have gained awareness in the market (Morelli 2006).Web marketingFranks all-American BarBeQue has been slow in online marketing, their website was simple and provided minimal information. After eight years of website creation, the website had the only list of menu items and telephone number of the restaurant. Robert is an expert in web development; he plans to provide an excellent site with more content and capable of appealing to customers. The site will include menu listing corresponding to their images. Online ordering of takeout foods will facilitate quick customer service as they will be available for pick up upon a rrival. Facebook and Twitter accounts of Franks all-American BarBeQue will link the website to promote social media availability. Customers will post comments about their experience with the products and services offered at the premises. The new online platform will facilitate new client relations. Customers will be requested to enter their names and email addresses so that they could get notifications to keep them informed of the special rewards and offers on occasions such as holidays and birthdays. Relationships build between the business and its customers will enhance brand loyalty (Cadden Leuder 2012).Question 6: pricing strategy of a new product.Prices of restaurants industry fell in 2009 due to the decrease in sales. The cost of products increased again in 2010 by 0.75 percent. Price competition is significant in the restaurant industry, due to the instability in travel by people on personal and business levels. There several factors that will affect the pricing of the firms products in Darien. The two products that Franks all-American BarBeQue new outlet will offer include; products that are ordered from the menu and the great combinations that will be introduced such as the main course, two side dishes, and a dessert. These meals are offered to the customer after receipt of an order.Due to an excellent competitive position of Franks all-American BarBeQue in the restaurant industry, the business might choose to involve smart pricing in its pricing strategy where, the cost of products is based on the value to the customer. Location of the premise where there is high population density and high-income inhabitants will trigger higher prices due to an ability of the people to buy the products (Cadden Leuder 2012)..Pricing above competitions can reward the company more due to the quality services offered by the restaurant. The firms marketing mix is well defined to support the pricing strategy. The cost of online ordering of food is expected to be higher than the cost of ordering from the menu; this is due to the production costs and the time for preparing such food to suit customer expectation. There is an extra cost of packaging incurred.Price flexibility can involve the pricing of new foods that are ordered. Customers' preferences vary, hence for the same food there would be a different cost of preparation and packaging. Offering discounts and allowances also affect the pricing of the product. These alterations in price are guided by business policy.The new business might involve price bundling as a strategy to determine the cost of the variety of meats ordered together. When a customer orders complementary foods at once, the business might charge a total price that is lower than if sold separately. The analogy to this strategy is that increase in sales will reimburse for a lower profit margin.Franks all-American BarBeQue may involve gross margin pricing in determining the prices of their products in the new location. Cost-orient ed pricing does not forecast customer demand or business condition. Since the firm is a major player in the industry, high sales volumes are expected, and higher profits are realized. The price will be favorable to consumers since the cost of food will be related to the cost of preparation. Break-even price can be used on the new food varieties that will be introduced, and this is put to cover all the expenses that are incurred in the production of the food products and services. The total cost includes fixed cost and variable cost. Fixed cost does not change in case production increases or goes down. Rent, for example, does not vary. Variable costs are set to change with time (Ottenbacher, Gnoth Jones 2006).Question 7: Factors to consider in choosing a business location.Darien, Connecticut was the most favorable location for the second restaurant. The factors considered suited the location of the premises unlike other places considered.PopulationThere is a relatively high populati on in Darien, other regions such as Fairfield, Westport, and Norwalk have relatively higher population than Darien. Other important factors were considered other than population, which led to choice of this location such as the availability of disposable income and travel times. High population means there would be readily available labour and a market for their products.Population densityDarien did not record a higher population density among the regions considered, but the number was significantly close to the leading towns. Population density refers to the number of people living per unit area. Unlike income and travel times, it is not sufficient to base the choice heavily on population density.Average incomeAverage income was an important factor in the selection of the Darien as second business location. Darien has a high average income which, means the population has a higher disposable income to be utilized on eating out. Hence, with high population and population density with in the region the business can record high sales.Travel timesTravel times is relatively higher in Darien and denote the number of possible customers for the services offered by Franks all-American BarBeQue. People who travel a lot have less time to prepare meals in the houses, hence viability of prepared food is realized. The location near a railway station is ideal to attract commuters. The restaurant has enough parking to accommodate future customers.Other factors that determine a suitable place for locating the business include, nearness to suppliers, adequate distribution channels, and available space for future expansion.Proximity to suppliersFranks all-American BarBeQue depends on various to supply different kinds of meets to their premises. Location close to these suppliers is necessary due to the perishability of the product and reduction in profit margins due to transportation cost (Andaleeb Conway 2006).Distribution channelsDistribution channels have not been considered w ell. Only one major supermarket in the region has been deemed to supply their products to New England. It will be cumbersome initiate this process since distribution strategies vary depending on various units that undertake this procedure (Bublitz Peracchio 2015). Involving several channels in distributing their product will increase awareness of the products offered by Franks all-American BarBeQue hence increase in sales. Since not all people shop at that major supermarket.Space for future expansionRegarding growth in sales of Fr...

Tuesday, May 19, 2020

Evolution of Hip-Hop - 1215 Words

Evolution of Hip-Hop From where it started to where it is now, Cuban hip-hop has transformed greatly. Without the United States, hip-hop in Cuba certainly would not be where it is today. The United States is the hub of hip-hop and helped to jumpstart hip-hop in Cuba. While this is true, hip-hop in the United States completely differs from that of Cuba for the better. Even though hip-hop in Cuba did not start from much, the amount of development and influence this music has towards Cuba is immeasurable. Around 1970, 44 years ago, hip-hop emerged in the West Bronx of New York. The culture of hip-hop incorporates many aspects besides just the music itself, such as DJing, graffiti, breakdancing, and urban fashion. Hip-hop mainly started from DJ’s separating the break in rock, funk and other types of songs, as well as the MC playing a major role in the development of hip-hop. In between the songs that the DJ was playing, the MC would speak in between the songs, make jokes and many other actions in order to get the crowd riled up. This eventually led up to the practice of hip-hop to become more conventional, resulting in the forming of hip-hop. Kool DJ Herc did all of this in 1970, who is believed to be the one who started the emergence of hip-hop. At first, DJ Herc would deliver rhymes over reggae track; however, this did not engage people’s attention enough. Because the people were not engaged, DJ Herc had to find another way to satisfy the audience, which came from himSh ow MoreRelatedThe Evolution Of Hip Hop / Rap Essay1544 Words   |  7 Pagesthe reader on the evolution of Hip-Hop/Rap. The key points will be where it is today, how this genre of music is not only used as music; but is used as communication to connect with the listeners, how it affects people; physically, mentally and psychologically. In other words, I will be addressing where it was created and how it is used to speak and communicate with the listeners. This genre dates back hundreds of years ago, when African-Americans were enslaved, when rap and hip-hop were known as theRead MoreHip Hop And The Music Genre927 Words   |  4 PagesWhat is Hip-Hop? According to Encyclopedia Britannica, Hip-Hop can be delineated as a music genre consisting of a stylized rhythmic music that commonly accompanies rapping, a rhythmic and rhyming speech that is chanted.1 Originating from a disparaged subculture in the South Bronx and eagerly spreading through other sectors of New York City during the 1970’s, Hip-Hop evolved from formerly being a relatively fraudulent style to currently being a commercialized and disseminated music genre among diverseRead MoreHip Hop Is A Genre Of Music1192 Words   |  5 Pagesdifferent places and different nationality. Hip hop is a cultural movement that emerged in the 1970s in the United States among Latin Americans, Jamaicans and African American that aimed to protest the social conflicts and violence suffere d by the lower classes of urban society. Hip Hop is a genre of music that has significantly grown the last couple of decades. Since the music hip pop stems from the historical conditions by different nations, hip hop became a symbol for both characteristics andRead MoreHip Hop Is Not Going Anywhere1545 Words   |  7 PagesSince Old School’s Hip Hop conception, the genre has gone way beyond what the genre’s originators could have imagined. Each period since the founding of Hip Hop has added to the evolution of the culture and have altered it into something that is more than just a hobby, but a mindset and a part of life that cannot be separated from many different cultures globally. In 1977, popular Hip Hop MCs and Djs lived in poverty in New York and in 2016 artist like Sean Combs, Dr. Dre, and Jay-Z are worth $2Read MoreThe Evolution Of Music Throughout History934 Words   |  4 PagesThroughout history, music has and will probably always be at the heart of almost every culture. The evolution of music can be compared right along with the evolution of man and the beliefs in his era. This idea is very apparent in the articles â€Å"Minstrelsy†, â€Å"Johnny Rebel and the Cajun Roots of Right-Wing Rock†, and â€Å"Black Women and Black Men in Hip Hop Music: Misogyny, Violence and the Negotiation of (White-Owned) Space.† In â€Å"Minstrelsy† from â€Å"Encyclopedia of American Studies† it explains partRead MoreYouth Cultures ( Educ 817- 001 )908 Words   |  4 PagesDr. Andorful In order to prove that the Hip-Hop culture’s beliefs and goals have changed, I am mostly going to rely heavily on the culture’s music. Hip-Hop music has been the voice of the Hip-Hop culture since the beginning. It has been an outlet for those in the Hip-Hop culture to vent. To understand the changes in beliefs for the culture of Hip-Hop I must first distinguish what the original beliefs were. Then I must look at Hip-Hop music now to compare and contrast. This must be doneRead MoreThe History of Hip Hop Music and Its Transition to Popular Music905 Words   |  4 PagesHip hop has multiple branches of style and is a culture of these. This essay will examine Hip Hop from the point of view of the following three popular music scholars, Johnson, Jeffries and Smitherman. It will delve deeper into their understanding of what hip hop is and its relation to the different people that identify with its message and contents. It will also identify the history of Hip ho p and its transition into popular music. In particular this essay will focus on what hip hop represents inRead MoreThousands Of Rappers Are Inspired By The Instant Fame And1649 Words   |  7 Pagespopped were mostly cherry-picked by top music executives, now they are determined directly by the listener and by popular opinion. Granted, the two periods I am discussing both benefited from the fruits of the internet, but the current generation of hip-hop artists have just expanded on the foundation built by those who made music around the turn of the decade. It provides both challenges and value to artists today, but regardless, if you’re hot, you’ll be heard. All throughout music, especially digitalRead MoreHip Hop Culture823 Words   |  4 Pages I am Hip Hop. Hip Hop is my culture. â€Å"At heavens gate, saying please Lord let me in, Or send me back to tell my people to be better men, Cause we are - Misunderstood, Misunderstood, Dont let me be misunderstood, Im just human (Common)† Hip Hop is not just music, it is a way of life. It is a spiritual connection we share with everything. It is being one hundred percent true, original and organic with oneself. Its the way one acts with others and with oneself. It is self-love, self-knowledgeRead MoreEssay about Hip-Hop1452 Words   |  6 PagesHip-Hop When you hear the phase Hip-Hop what do you think of? Music, Dancing, Rapping? Well, its all of that and more hip-hop is a culture. According to Websters dictionary, culture is defined as the concepts, habits, skills, arts, instruments, institutions, etc. of a given people in a given period; civilization. One artist defined hip-hop as a set of expressions in vocalization, instrumentation, dancing and the visual arts. More specifically, hip hop is a combination of graffiti, breakdancing

Wednesday, May 6, 2020

Gender Appropriateness Of Women s Rights - 857 Words

Third, parties employee the notion of â€Å"gender appropriateness† both in vertical and horizontal distribution of political responsibilities. Both direction of the power distribution are dominated by men. When women exclusively focus on women issues within the parties they do not receive much recognition and feel powerless as opposed to men whose scope of dealing with issues seem diverse. This same practice is pervasive in parliamentary settings too. The authors identify five informal practices that sustain women’s subordination â€Å"men’s power over women, and avert women’s agency. First, gendered rituals (excessive participation in party meetings without substantive points, signifying men’s contribution while downplaying women’s, and thus pushing women to perform subordinate roles like taking minutes). Second, super-surveillance (women carry the burden of doubt since women’s capacity is downplayed after implementation of quotas, their critical thinking and assertiveness is discouraged). Third, gendered informal sanctions are used against women who demonstrate assertiveness and ambition, which is perceived as a threat. Unconventional means such as rumors of sexual favors are used to discourage ambitious women. Fourth, informal networking (women’s agency is weakened by their lack of expansive informal networking that take place, sometimes, in bars and restaurants – somethi ng quotas cannot ensure). Fifth, the use of time (women cannot dedicate much time to evening politicalShow MoreRelatedAfrican Americans During The Civil War1499 Words   |  6 Pagespersonal attire stripped African Americans from their identity. African Americans went through horrific period of time, forcing them to live inhumanely and poorly. ` Slavery, a corrupt period of time for African Americans continues to haunt our nation s history till this day. Slavery initially started in 1691, when African Americans were brought to the North American colony of Jamestown, Virginia. The main motive behind the forced migration of African Americans was for them to forcefully aid in theRead MoreCultural Differences And Gender Appropriateness867 Words   |  4 Pagesform of sexuality that is often shunned in American culture. Transgender individuals are those who transgress the gender norms of the dominant culture or the culture to which they belong. Transgender oppression occurs when people whose gender expression does not qualify as â€Å"normal† within their society. Throughout life, society teaches â€Å"cultural differences and gender appropriateness† (437) in which is set as the norm in the American culture. It is important that we must â€Å"move away from the culturallyRead MoreAdvertising Advertisements And Bod y Image1645 Words   |  7 Pagesindustry and SROs in ensuring that women and men continue to be portrayed positively and responsibly in advertising. History - WOMEN IN ADVERTISEMENTS AND BODY IMAGE Authors have also attempted to correlate various demographic variables such as age and education, as well as geographic variables with preferences for role portrayals in advertising. Through the ages men have been considered to be financial providers, career-focused, assertive and independent, whereas women have been shown as low-positionRead MoreDress Codes And Sexual Violence1109 Words   |  5 Pagescan be found in a majority of schools approving of sexual violence through dress. Dress codes also prioritize a boy’s education, and show a lack of gender equality. School administrators believe they have the right to dictate what students can wear. Students should not be forced to follow dress codes at schools; therefore, schools do not have the right to mandate what students can wear. By having a female student be spoken to for wearing â€Å"inappropriate clothing†, but turning a blind eye to maleRead MoreA Historical Perspective: The Wage Gap1586 Words   |  7 Pagesseveral decades, most American women occupied a supportive, home oriented role within society, outside of the workplace. However, as the mid-twentieth century approached a gender role paradigm occurred. The sequence of the departure of men for war, the need to fill employment for a growing economy, a handful of critical legal cases, the Black Civil Rights movement seen and heard around the nation, all greatly influenced and demanded social change for human and women’s rights. This momentous period beganRead MoreGender Roles in Society1047 Words   |  4 PagesBroadly conceptualized, gender roles are what our society expects and values in their community. They shape our behavior and values, thoughts and feelings, even going so far as to denote a person’s worth. Gender roles are present in everyday situations. In the past they strictly dictated the behavior of people in the community (the right to vote, occupations women were allowed to work in), though in the recent past have become more subtle and more successfully challenged. In some instances they areRead MoreBias Within The Medical Field1263 Words   |  6 Pageseveryone is supposed to be treated equal that is not always the case and hasn t always been the case. As far back as the early 1900’s people weren’t treated equally on all terms. Although yes, segregation was one of the main reasons many people of color were not treated it gives no excuse as to why they never received the same level of health care. In the early 1900’s living conditions were poor and people of color lacked the availability to medical care. More black patients would die because of diseaseRead MoreThe Freedom Restoration Act Should Not Be Treated Like People, Let Alone Granted1499 Words   |  6 Pagessmall , corporations should not be treated like people, let alone granted religious freedom. The Supreme Court continued the horrible trend of pro-corporation rights. Whether one stands with Hobby Lobby, Inc. and considers this case a success of religious freedom or an intrusion, I see it as the court favored corporation’s rights over personal rights. Female workers should be given the availability to use contraceptives. In 2012, the Supreme Court ruled on the case of Burwell v. Hobby. The case dealt withRead MoreBrides of Quran and Forced Marriage Essay1945 Words   |  8 Pagessometimes this is not the case. Sometimes, the issue of consent is questionable because consent can be provided as a result of manipulation and coercion; thus, individuals can get married forcefully. Women are usually the victims of forced marriage, but not all marriage are forced and both men and women have equal potential to be victims of forced marriages. Forced marriage is defined as â€Å"a marriage that takes place without the free or valid consent of one or both of the partners and involves eitherRead MoreKohlberg s Theory Of Moral Development And Moral Maturity Essay1305 Words   |  6 PagesGeorge Herbert Mead also influenced his thinking (Barger, 2000; Encyclopedia of Education, 2002). In this paper, I will analyze in-depth Kohlberg’s theory and discuss an article that uses Kohlberg’s theory to foster moral courage for nurses. I-Kohlberg s definition of moral development and moral maturity According to Kohlberg, moral development is a consecutive and invariant evolution of the moral reasoning of human beings from the childhood to adulthood. Thus, Kohlberg defined three levels (pre-conventional

Commercial Law Undergraduate Law Education â€Myassignmenthelp.Com

Question: Discuss About The Commercial Law Undergraduate Law Education? Answer: Introducation The principles of law contract need to be applied in this question. In case of the law of contract, there are no specific legislations or rules. Instead, it is based on the set of principles that define the rights and duties of the parties who have entered into the contract therefore, ensuring that the parties to the contract should not breach the legal provisions (Henkel, 2014). The law provides that each promise made by the parties forms of concentration for the other party. In this way, when a proposal has been accepted by the other party is known as a promise. Keeping in view the above mentioned in relation of the contract, it is significant to understand that a valid contract is created only when the elements of offer and acceptance are present. In this way, offer and the acceptance of the offer can be described as the essential elements required for a contract (Frisch, 2014). Keeping in view the relevant case law, in the present case, there is an offer and several agreements to be offer. Therefore in the above-mentioned case, an offer has been made by Alan. He wanted to advertise this book, "introduction to business law". This book is used in the "Commercial law" paper. He has posted a notice on his Facebook page on November 1, declaring his intention to sell the book. He was asking for a price of $200 for the book. At the same time, he had also mentioned that the deadline to make debate before the book was November, 5. The offer was accepted by Bernard. He replied through post, declaring his intention to accept the offer. But Alan did not give any response to Bernard. Under these circumstances, Alan received the money sent by Bernard through courier on November 4. On November 7, Alan gave the original book to Bernard. He stated that his nodes have been written in the book itself. On the other hand Charleen is the younger sister of Alan. She also saw the message posted by Alan on his Facebook page to sell the book. She also wanted to purchase the book for $200. However Alan did not consider the acceptance of the offer by Charleen to be serious. He thought that Charleen was too young to read the book. Therefore, he was thinking about something else then he nodded his head in return of the acceptance of the offer by Charleen. A contract has been created between Alan and Charleen when Charleen left $200 on his table. This amounts to the formation of an agreement. Damien had also expressed his interest in purchasing the book. On November 4, Damien visited Alan and gave $2000 in cash to Alan. This money was taken by Alan and he promised that he will give the material to Damien on November 7. The next day, he was just a similar book from the shop and gave it to Damien along with his handwritten notes. As in the present case,. At the actual contract has not been created between Alan and Bernard, the acceptance of the money by Alan and later on giving the book to Bernard on 7 November is a wrong act of Alan. Later on, it was discovered that the book was provided free of cost by Kaplan Higher Education. Under these circumstances, it can be said that Bernard can claim compensation from Alan for the fake acceptance of the offer. Bernard had responded in return of the offers made by Alan on November 1. He expressed his interest in purchasing the commercial law book. Although initially, Alan had showed his intention to sell the book for $200, but Bernard made a counteroffer according to which he was ready to purchase the book for $150 Therefore, the offer has been made in return of the initial offer. However, such offer is not acceptable under the law. A counteroffer can be described as the revision of the first offer to make the offer more attractive and presentable. However, when a comparable is made, it is up to the offeror to decide the offer or not. When a counter offer is made by a person, the other person is at liberty to accept or reject the offer (Neumann, 2014). The party making the counteroffer cannot force the other party to accept the offer (Calliess Buchmann, 2016). In the present case, a counter offer has been made by Bernard to Alan. Alan had not expressly rejected or accepted the offer clearly. On 3 November, Bernard gives the payment to Alan and hosted an amount of $200 to him. The money was received by Alan and he delivered the textbook to Bernard. The poster who can be described as an exception to the rule related with counteroffer. Therefore, in view of the postal rule, when the money was posted by Bernard, a contract has been created between Alan and Bernard. But in the present case, Bernard was sure regarding his acceptance of the offer may dwell in regarding the book. Moreover, he paid for the book proposed and later on Alan also delivered the work (Zheng, 2013). In this case the legal position of Bernard is vacant as there is no contract between him and Alan. The counteroffer made by Bernard was not accepted by Alan. For example, in Hyde v. Wrench, it was held by the court that in case of the initial offer made by the offeror, there is no legal obligation to accept the counteroffer. Hence it can be concluded in this question that a valid contract was not present between Alan and Bernard. In this case, Charleen was the younger sister of Alan. She also wanted to purchase and read the book on commercial law. Therefore, she agreed to pay the money to Alan on November 6. Alan simply nodded his head when Charleen expressed her desire to purchase the book. At that time, Alan was thinking about his favorite football team. Hence, Alan was not in the proper sense when Charleen had expressed her acceptance of the offer. The issue that arises in this case is if a valid contract has been created between Allen and Charleen. It can be assumed that Charleen was studying in O level, therefore she would not be more than 16 or 17 years old. Therefore, she was still a minor. The law of contract provides that a valid contract cannot be created with a minor. In Bowling v. Sperry , the court stated that the participation of a minor in a contract has to be treated as void even if an adult was also involved in such transaction. Similarly, in the present case, because Alan and Charleen were brother and sister, the court may consider that the contract was merely a social or domestic agreement, not enforceable by law. Therefore they cannot sue each other for the breach of contract. At the same time, return of the offer made by Charleen, Alan had only nodded his head to accept the offer but he was not in a good state of mind. He had merely nodded ambiguously, and there were no further negotiations. Hence, it can be r esumed in this case that the agreement between Charleen and Alan was purely domestic in nature and as a result, a valid contract was not present between. Damien was a friend of Bernard. He managed to get the phone number of Allen and made a counteroffer through SMS. Damien gave the price of the book to Allen on 4 November and on 7 November, Alan gave the book as well as the other notes to Damien. In the present case, this contract between David and Allen is a valid contract. It has all the elements required for a valid contract. The following elements have to be present in order to create a valid contract. These are offer, acceptance, consideration, invention and legal relation. As compare to Bernard and Charleen, only the agreement with Damien contains all the elements of a valid contract. Hence, it can be concluded that a valid contract exists between Alan and Damien. Because a counter offer was made by Bernard and it was not accepted by Alan at the view of the postal rule, the contract between them was not valid. Similarly, due to the reason that Charleen was a minor, she did not have the capacity to form a valid contract. Bernard and Damien found on November 23 that the Commercial law book was provided free of cost by Kaplan. Another misrepresentation made by Alan in his initial offer was that he had secured a high distinction grade while in reality, he could only get 'credit' grade in the examination. Moreover, Alan also claimed that he will get the additional nodes with the book. But he did not gave the additional notes with the book to Bernard. Under these circumstances, Damien can take action against Alan for making misrepresentations regarding the cost of the book. As a valid contract was not formed between Bernard and Alan, he can only claim compensation from Alan. On the other hand, Damien may file a suit for damages on claim compensation from Alan. The lock on it provides that if a party to the contract has breached the contract, in such a case the other party may file a suit and claim compensation or damages. The cost of the damage on the compensation has to be estimated, keeping in view the loss suffered by such party (Tepe, 2014). Some of the different dispute resolution methods available to the parties include mediation, arbitration and conciliation as well as litigation. In case of the process of mediation, an unbiased third party assists the parties to the dispute to reach a voluntary settlement of the dispute. In this way, mediation provides an informal, confidential and a friendly way to settle the dispute between the parties (Peng, 2013). This method helps in resolving a conflict, whether it is commercial or personal. In this method, the mediator presides over the proceedings. Mediator also helps the parties in communicating with each other, which allows the parties to find a resolution to the dispute. The mediator also helps in exploring the practical and legal solutions available to the parties and finds the solution that is acceptable to both. The process of arbitration is more formal. In case of arbitration proceedings, the rules of evidence and trial are generally relaxed and flexible. An arbitrator presides over the proceedings between the parties. The arbitrator also delivers his decision in writing. The decision is binding for the parties to the dispute (Rosen, 2014). In case of arbitration, if the is not binding, an appeal may be filed by the parties in the trial court for settling the dispute. The method of arbitration is most notable in cases where the parties do not want lengthy and expensive proceedings like a trial (Hurst, 2012). Another method, generally used by the parties to resolve disputes, is that the litigation. Litigation takes place in a court. It is a formal process where a suit is filed by the plaintiff against the defendant. Legal advisers are hired by both plaintiff and the defendant to present a set of rules and evidence in support of their case before the jury. The verdict of the court is final and is binding for the parties. However, the party that has lost the case may file an appeal in a higher court. It is generally considered that litigation is time-consuming and costly method. But at the same time, it is also the most transparent and fair method. The parties are bound by the decision given by the court. However, it is recommended that first of all the parties should try to resolve the dispute by using alternative dispute resolution methods before going for litigation (Huang Tseng, 2014). References Ayub, M. (2012). A Comprehensive Glossary of Terms in Islamic Commercial LawBusiness, Banking, and Finance.Journal of Islamic Business and Management Vol,2(2) Beckers, A., Kornet, N., Oosterhuis, J., Akkermans, B., Hage, J., Smits, J. (2015). Who does what in commercial law? The case for a multi-actor and multi-level approach to regulating business transactions.Who does what in European private law?, 125-175. Bowling v. Sperry, 133 Ind. App. 692, 184 N.E.2d 901 (1962). Calliess, G. P., Buchmann, I. (2016). Global Commercial Law between Unity, Pluralism, and Competition: The Case of the CISG. Frisch, D. (2014). The Commercial Law of Intellectual Property. Henkel, C. (2014). Personal Guarantees and Sureties between Commercial Law and Consumers in the United States.American Journal of Comparative Law,62(Supplement 1), 333-359. Huang, M. J., Tseng, W. R. (2014). Taiwans National Report: Codification in East Asia: Commercial Law. InCodification in East Asia(pp. 131-136). Springer International Publishing. Hurst, J. B. (2012). De Facto Supremacy: Supreme Court Control of State Commercial Law.Virginia Law Review, 691-728. Hyde v Wrench[1840]EWHC Ch J90 Liao, Z. (2012). Book Review: Understanding commercial Law. Neumann, T. (2014). International Commercial Law from a Nordic and Baltic Perspective: Status and Current Challenges.Nordic Journal of Commercial Law, (2). Peng, S. O. N. G. (2013). COMMERCIAL INTERPRETATION AND APPLICATION ON ARTICLE 72 OF THE CORPORATION LAW.Journal of Yunmeng,4, 035. Rosen, K. (2014). Company Law and the Law of Succession Droit Commercial/Commercial Law.American Journal of Comparative Law,62(Supplement 1), 387-405. Tepe, B. (2014). Intermediate Appellate Review of Commercial Law Decisions in Turkey.EMAJ: Emerging Markets Journal,4(1), 59-71. Yau, B., Johnstone, A. (2014). Focus grouping attitudes towards commercial law in three legal communities: comparing attitudes of professional legal training students to those of undergraduates and early career commercial lawyers. Zheng, C. (2013). On the Reform of the Course of Science of Commercial Law in the Undergraduate Law Education: Taking the Reform of the Course of Science of Commercial Law in He'nan University of Technology as an Example.The Science Education Article Collects,8, 018.

Tuesday, April 21, 2020

Marketing Function free essay sample

Describe what you think has been the contribution of the marketing function, the product design function and the operations function to the success of Swatch?Marketing FunctionThe role of marketing function in the company is to help it identify and source potentially successful products for the marketplace and bring them to market successfully by differentiating it from similar products. For Swatch this was when Nicolas Hayek the company to invest its energy and resources on the new plastic cased watch that was being developed by one of its entities, this new watch used few, cheaper components which allowed a bulk of its manufacturing to be automated, its lowered resale price was its most distinguishing factor which made it accessible to most people.The typical marketing function types within a large business include, but not limited to; market research. This means Swatch had to research thoroughly on what made brands like Casio and Seiko win in this space. We will write a custom essay sample on Marketing Function or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Firstly they would have had to find out all their competitors market information; their pricing, their supply and demand situations, the social trends and technical difficulties that they would later manipulate to their advantage. Secondly investigate the market segmentation for their potential product; how old? what gender? Or what ethnicity demanded their product? They had to do this for each market and every market they wanted to enter, it might be evident though that they didnt fully research the USA market, as the extract says they somewhat failed there. Thirdly they would check what the market trends were; they knew they had only 25% of the market share and needed to grow drastically to not only stay alive but to win in this space, the research they did helped to catapult them to 50% within 10 years. Fourth and finally they had to run a SWOT analysis to check their strengths; this was a low cost, high volume, innovative and automated production product. Their weaknesses were Distribution and Marketing mistakes. Their Opportunities were continuing innovation, ever-increasing variety of product designs, market penetration and expansion. While their Threats included competitor reaction, tax, policy, ethics and social responsibilities change when you own 50% or more of the market.Swatchs marketing plan had to outline their marketing strategy and tactics for the next ten years to reach their goal of doubling their market share; they had a great innovative product at an aggressively competitive price all they had to sort out was place (d istribution) and the different kinds of promotions needed to communicate this product effectively to its consumers [1].Product design functionProduct design is the process of developing or creating new products to be sold to the market, it is normally referred to as new product development [2]. The product design process can be expressed by three main aspects according to Koberg and Bangnell which are;†¢ Analysis: Here we establish a problem and committee to an efficient solution by bringing together all the resources required including research, materials and costs. Their analysis was such that in the early 1980s the Swiss watch industry was nearly dead. Competition from cheap but often high-quality products from Far Eastern manufacturers such as Seiko and Casio had almost obliterated the traditional Swiss industry, they had committed to developing the new plastic-cased watch that had major benefits.†¢ Concept: This is where the condition of the problem becomes the objectives with limitations becoming the parameters of design. In the early 1980s it was expensive to produce watches using Swiss labour, the ability to create an encased watch allowed its manufacturing to be mostly automated and reduce production cost to just 7% of the total cost.†¢ Synthesis: t his is where we ideate, select, implement and evaluate.Operation FunctionThe operation function is a management function of the business is responsible for managing the process of creating products; it involves planning, organizing, coordinating and controlling the necessary resources required for production. There are four main sections, namely; Marketing, Operations, Finance and MIS that show on the organisational chart.†¢ Marketing: The innovative design, some creative marketing, but above all else the operations success at producing the watch cheaper than anyone else brought the company significant rewards [4].†¢ Finance: Through automation and rigid standardization of the internal mechanism of the watch, the company managed this increase in variety without it crippling its costs. It is the success of the companys operations managers in keeping their costs low (direct labour cost is less than 7 per cent of the total cost of production) that has allowed Swatch to succeed [4].Question 2.How do you think Swatch compares with most watch manufacturers? Use marketing environment analysis tools to execute your comparisonIntroductionMarketing Environmental Analysis is strategic analysis tool. It assistances to in categorizing internal and external elements of the environment which affect the organizations abilities to work efficiently. Although a business leader develops companys structure, culture and policies to give vivid guidelines to employees, the success of the business is dependent upon how it deals with external environmental effects [5]. These factors are largely outside your direct control, but you can adapt your business and marketing strategy to take advantage of the opportunities they present while minimizing the potential threats. A PESTLE analysis is the most common way of undertaking such a review; PESTLE stands for the Political, Economic, Social, Technological, Legal and Environmental factors you need to consider.Reference1. www.businessdictionary.com/definition/marketing-function. html2. Morris, R. (2009). The fundamentals of product design. AVA Publishing. ISBN 0-465-06710-7 p. 22. 3. BJ. Gibson, JB Hanna ; CC Defee. (2017). Definitive guide to integrated supply chain management. Pearson FT Press. ISBN 0-13-477806-5. P.34 -494. Marketing management assignment extract. (2018) Swatch Revolutionizes Watch Manufacturer. P 3.5. https://www. marketingtutor.net/marketing-environmental-analysis/6. http://smallbusiness.chron.com/prepare-marketing-environmental-analysis-57550.html7.

Monday, March 16, 2020

Cute Breakup Quotes - Overcome Negative Feelings

Cute Breakup Quotes - Overcome Negative Feelings The fire has long died down. Love has gone poof! Only the dying cinders of the has-been romance remain. What do you do? When love becomes a burden, it may be wise to surrender. A little pain is better than a lifetime of compromises. Let these cute breakup quotes assuage your feelings, help you get closure or at least provide a temporary distraction.   George Bernard ShawA broken heart is a very pleasant complaint for a man in London if he has a comfortable income. Alexander HamiltonA promise must never be broken. Albert CamusBlessed are the hearts that can bend; they shall never be broken. Fanny CrosbyChords that were broken will vibrate once more. Langston HughesHold fast to your dreams, for without them life is a broken winged bird that cannot fly. Lucinda WilliamsI guess you could write a good song if your heart hadnt been broken, but I dont know of anyone whose heart hasnt been broken. Sally FieldI think thats very sad, that I havent allowed my heart to be broken.I have broken a few. Otomo No YakamochiBetter never to have met you in my dream than to wake and reach for hands that are not there. SocratesThe hottest love has the coldest end. Oscar WildeHearts live by being wounded. Kahlil GibranEver has it been that love knows not its own depth until the hour of separation. Robert BrowningTake away love and our earth is a tomb. Oscar WildeThe heart was made to be broken. Marcus AureliusReject your sense of injury and the injury itself disappears. Richard WilburWhat is the opposite of two? A lonely me, a lonely you. Rupert BrookeAnd I shall find some girl perhaps, and a better one than you, with eyes as wise, but kindlier, and lips as soft, but true, and I daresay she will do. Graham BellWhen one door closes, another opens; but we often look so long and so regretfully upon the closed door that we do not see the one which has opened for us. LamartineSometimes, when one person is missing, the whole world seems depopulated. Robert FrostFamilies break up when people take hints you dont intend and miss hints you do intend. Lord ByronThe heart will break, but broken live on.

Friday, February 28, 2020

Tort Law Coursework Example | Topics and Well Written Essays - 2500 words

Tort Law - Coursework Example Before this case, if a professional person made a statement to another, and the other person relied upon this statement, the only remedy for this would be a remedy in contract, not in tort.2 Hedley Byrne changed this basic rule, and now parties may recover for purely economic loss, even if there is not a contractual relationship. The facts in Hedley are similar to the case at bar. In Hedley, Hedley Byrne was a firm of advertising agents with a customer, Easipower Ltd., who put in a large order. Hedley carried out this large order, but not before it got a report from the Heller & Partners Ltd. Bank regarding Easipower’s creditworthiness. The bank replied that Easipower was creditworthy, Hedley relied upon this statement, gave Easipower its orders, Easipower went out of business, and Hedley Byrne lost  £17,000 on the deal. Hedley Byrne sued Heller & Partners for their statement. Heller replied that there was not a duty of care, and that liability was excluded. What the Hedley court found was that there was a special relationship between the parties, and the court found that the special relationship was formed because the defendant reasonably should have known that the plaintiff would rely upon the statements that they gave to them. This foreseeable reliance creates a special relationship. Since the decision in Hedley, the UK courts have expanded upon the definition of special relationship and what would give rise to an action in negligence, with regards to people who are professionals. For instance, 3expanded upon the Hedley principle, and stated that if something is common practice, then it is not unreasonable to rely upon the word of that professional, as opposed to being expected to get a second opinion. Moreover, the Smith case expanded the Hedley principle to third parties. However, the Hedley principle is not absolute. For instance, in Caparo Industries plc. V. Dickman4 , a company who was pursuing a takeover relied upon an auditor’s statements