The Growth of Seven-Eleven

EXECUTIVE SUMMARY Seven-Eleven had realized unique growth in the business sector as there was utilization of supply chain strategy of Seven-Eleven and certain performance drivers upon the balance nature business responsiveness and the awareness of certain risks involved. For Seven-Eleven to be successful, ECR approach will be realized that are effective for store assortments; chain replenishments and efficient promotion as well as product introduction. Seven-Eleven have found better ways of developing their CDC as well as DSD that is through information knowledge expertise and the augmentation of their business functions to deliver frequent product services of varied items and the engagement assurance given to the customers. The advantage of successful chain is within the improved economies of scale as Seven-Eleven effectively tripling buying power and gaining access to new products as the US and Japanese stores teamed to lower costs on certain premium wines for instance. The DSD can be appropriate when there is ample and fair amount of logistics determining the ideal physical distribution of goods at Seven-Eleven as there can be affected by the store’s distribution center as well as facility location decisions. The distribution systems of Seven-Eleven were re-engineered and the Combined Distribution Centers have been introduced by the company to better manage the flow of products into the stores. There has been useful advantage of Seven-Eleven upon CDC and DSD as the centers allow smoothing of distribution operation to the stores and the provision of better quality and better information on supply and deliveries is available and there was control of the supply chain as achieved. The presence of technology like the adaptation of the POS system can possibly move ahead and do aid the store employment and management situation by freeing up staff time.

Innovation, logistic

Why has flower production internationalization over the past few decades? First, once the flowers were cut, they were extremely perishable. As the result, the longevity of cut flower is the main concern for the retailers. Although the flowers were delivered though a perfect distribution system with boxes protected and temperature control, the longevity was still shortened for one or two days. Second, transport costs for flowers shipped overseas ranged from 60%-90% of the total cost to produce a flower. Besides, the air freight cost for flower was based on volume which exults in the over-packed cost.Through international production, traders may decrease the logistical cost and the waste of over-packed. In addition, the greenhouse technique may get over the difficulty of climate. 3-2: How are the flower clusters in the various countries connected? 1 . International auction International auction published the price and advise on industry for growers. 2. Dissemination of production techn ology Dutch suppliers started to spread the Information on production such as product innovation, and invested in foreign production and logistic In late 1950. 3.LTO(Land- en Tinnitus Organist Underlain ) The organization provided the programs to Improve management. Besides, It also facilitated studying trips to foreign countries to promote exchange among growers. 3-3: How do they compete? Traders among different countries competed on price, Innovation, logistic and even packaging at the auction. At beginning, the price of the flower Is high, and then It decreased at a steady rate. Buyers can decide the acceptable price and the quantity they want. Finally traders may make some adjustment on production according to the deal price and volume.

Systems Analysis and Design Case Study Example | Topics and Well Written Essays - 2000 words

Systems Analysis and Design - Case Study Example Additionally, without any multilingual facets, it did not meet the peoples’ needs who speak diverse languages. Contemplative media vision was thus, in need of a new website to serve as a better communication means for its customers. To attain this goal, the project team began by carrying out a literature review and went on by following the four phases of the system development cycle, that is, planning, analysis, design and implementation. The final website was at last successfully developed to meet the project objectives. The aim of contemplative media vision is to employ media to empower, heal and bond people to their best part. This new inspiring media has the capability to help people find their true purpose, reinforce their ability to bond compassionately with others, as well as motivate them to find greater achievement in every area of their lives (Satzinger, Jackson, &Burd, 2012). The application also specializes in creating music for healing settings that deepens someone’s connection to what is most useful. It is enhanced by the influence of a musical recording. Products of contemplative media feature the sympathetic verbal messages of the worlds humanitarian and spiritual leaders. They also have those of common people facing unusual circumstances. Client from diverse departments can obtain the same use cases, for instance, may have the same client goal for employing the system. Owing to conventional Buddhist texts, along with veteran meditation instructors, contemplative practices are allied to a broad range of occurrences, some constructive and wonderful, others fairly tricky and testing (Satzinger, Jackson, &Burd, 2012). Since these incidents fall externally to the framework of western medicine along with science, there has been very little attempt to study experientially and document the complete collection of contemplative experiences. Consequently, lots of Western

Selling drugs Assignment Example | Topics and Well Written Essays - 1000 words

Selling drugs - Assignment Example Comprehending the best managerial practices to use in handling the challenge of drug selling in the workplace adeptly prepares me for the challenging managerial environment as well as imparts on me the ethical practices in the workplace. The Controlled Substances Act specifies that it is illegal for any person to distribute or be in possession of substances listed under the Act, including drugs. Through questionnaire and literature review, it is uncovered that many employees sell or use drug in the workplace. Since the ADA (Americans with Disabilities Act) prohibits an employer from discriminating against employees, industrial front-line supervisors should not discriminate any employee on the fact that they sell or use drugs in the workplace. They should: The paper wraps up by reiterating the importance of supervisors using nest practices in handling drug selling in the workplace. It emphasizes the importance of effective communication, and positive supervisor-employees, and supervisor-management relationships in curbing drug selling in the

Single-Slit Diffraction and Interference Essay Example | Topics and Well Written Essays - 1000 words

Single-Slit Diffraction and Interference - Essay Example Diffraction causes the phenomenon of Interference, which is defined as the diffraction pattern produced on a screen on the other side of the obstacle from the light source. Thus, when monochromatic light passes through a single slit, it flares out, producing a single-slit interference or diffraction pattern on the screen. The diffraction pattern has a bright central region, which is surrounded by symmetrically distributed less intense regions. These bright bands are the ‘maxima’ or areas of constructive interference, interspersed by the ‘minima’ or dark regions of destructive interference. Thesis Statement: This paper will describe single-slit diffraction and interference. Single-Slit Diffraction and Interference A plane wave of light travels in a straight line; so when such a wave passes through a rectangular slit, one may expect it to fall on a distant screen in the form of a bright rectangle with sharp edges. However, the process of diffraction of light t hrough the single-slit causes the interference or diffraction pattern formed on the screen to have blurred edges with faint lines of bright and dark, where some light has spread into the shadow. The light wave spreading out from the slit is actually the interference effect termed as diffraction. As a result of diffraction, the light’s intensity is not uniform on the screen, and it extends into the shadow where it appears as secondary maxima. Between bright places in the shadow there are dark places termed intensity minima, where there is no light. According to Holbrow, Lloyd, Amato et al (2010), this is to be expected, taking a single slit of finite width b as two slits of width b/2 with no separation between them. â€Å"There might be interference between the light wavefronts coming from these two different halves of the slit† (Holbrow et al 2010, p.313). By considering the slit of width b to be composed of narrower slits, the occurrence of the intensity minima of the Interference or diffraction pattern can be calculated. Serway and Vuille (2006) reiterate that slits cannot be assumed to have negligible widths acting as line sources of light. On the other hand, their non-zero widths form the basis for understanding the nature of the Fraunhofer Diffraction Pattern produced by a single slit. Further, â€Å"according to Huygens’ principle, each portion of the slit acts as a source of waves† (Serway & Vuille 2006, p.638). A single slit diffraction pattern is formed when light passes through a single slit whose width w is on the order of the wavelength of the light. Huygen’s principle states that each part of the slit can be considered as an emitter of waves. â€Å"All these waves interfere to produce the diffraction pattern† (Physics, 2012). In the diagram (Fig.1) below is seen a slit of width w, through which light is passing through. Fig.1. Single-Split Diffraction and Interference: Direction of the Light Wave (Physics, 2012) Destructive interference may occur between the ray at the top edge (ray 1) and the middle ray (ray 5). If so, the same occurs between rays 2 and 6, between 3 and 7, and b between 4 and 8. Thus, light from one-half of the single slit interferes destructively and cancels out light from the other half. â€Å"Ray 1 and ray 5 are half a wavelength out of phase if ray 5 must travel one-half wavelength further than ray 1† (Physics, 2012). Fig.2. Single-Split Diffraction: Gradations in Light Intensity and Dark Areas (Physics,

Enterprise and Entrepreneurial Management Essay - 3

Enterprise and Entrepreneurial Management - Essay Example The process involves generation of multiple ideas in the minds of the respective entrepreneur. The person may screen and reach at a various different ideas with each one having its unique pros and cons. Such ideas are generally in a raw format without much technical analysis being done on them. Idea generation is extremely significant because idea is the stone that is polished at the various stages of a business plan. An idea arises mostly from the personal interests and perception of the entrepreneur. It is something that is related to the behavioural nature and professional mindset of the entrepreneur. For instance a medical professional might develop an idea for surgical equipment retailing, a good cook might think of opening a restaurant and the like. It is always better to work out on those areas which relates to the interest of entrepreneur. It is as good as a business firm diversifying into a related product line. If the entrepreneur is familiar with the idea, it would be conv enient for him/her to manage it. Therefore, the first question an aspiring entrepreneur should ask is what interests them the most and is there an opportunity lying in the market for the same. This thought can give rise to more specific ideas. Strategic Objectives: Strategic objectives or just business objectives refer to the actual purposes of the business for which the business actually exists. It is considered as the focal point of all the major activities of the business. The strategic objectives of a business are usually encompassed in the terms Vision and Mission. Vision is the future outlook of the business and Mission is the actual purpose as well as course of action to be taken to... The researcher states that in the case of a successful enterprise, a detailed and comprehensive Business Plan is the primary step which ensures the overall course of action of the business. In most cases, a business plan is created to explain and illustrate the vision you have for your business, and to persuade others to help you achieve that vision. Topfer states that starting a business without enough planning is like setting a journey without deciding on the destination. In most cases, small businesses simply ignore the process of business planning. There are various different reasons which actually become hurdle in the formulation of the Business Plan including time constraints, resource constraints and more importantly expertise constraints. But irrespective of the size of the business, it is always beneficial to have a clearly charted out plan. Business plans are required not only for planning the future of the business but also for the availing financing options. All financial institutions assist with the capital requirement of the company only after a careful study of the prospects of the business. Such an analysis is possible only with the help of a detailed and comprehensive business plan. This paper highlights the entrepreneurial characteristics. There are several literatures that discuss the qualities and skills required for becoming a successful entrepreneur. Most of such literatures discuss almost the same characteristics.

UK Medical Law Essay Example | Topics and Well Written Essays - 1250 words

UK Medical Law - Essay Example Terminally ill patients are also adaptable to a high level of disability as they value what little quality of life they have left. The legal position in respect of selective non-treatment was addressed by the House of Lords in Airedale NHS Trust v Bland1, wherein the applicant, a health authority sought an order to discontinue life-sustaining treatment and that the only medical treatment to be furnished should be for the purpose of enabling a peaceful and dignified death with the minimum of pain. The family of the patient supported this application. The respondent, 21-year-old Anthony Bland, had been in a persistently vegetative state for 3 years and though not brain dead, he had no cognitive function. The unanimous opinion of all the doctors who examined him was that there was no hope of recovery or improvement. Under these circumstances, it was considered appropriate to cease further treatment. The judge granted the order as requested and this was confirmed by both the Court of Appeals and the House of Lords. The House of Lords held that a doctor, who has to care for a patient who is incapable of consenting t o treatment, is under no obligation to prolong the patient's life regardless of the quality thereof. The court referred to ... sts of the patient, the court used the test laid down in Bolam v Friern Hospital Management Committee3, namely whether the proposed conduct would be in accordance with the opinion of a large informed and responsible group of medical practitioners. As the cessation of life-supporting treatment in this case was in accordance with the criteria set out in a discussion paper by the British Medical Association4, the court found that there had been compliance with the Bolam requirement. In this case Lord Mustill pointed to the need for legislation relating to euthanasia stating that, "The whole matter cries out for exploration in depth by Parliament and then for the establishment by legislation not only of a new set of ethically and intellectually consistent rules, distinct from the general criminal law, but also of a sound procedural framework within which the rules can be applied to individual cases." In R (Pretty) v. Director of Public Prosecutions5, Lord Steyn reiterated that reform of the law on assisted suicide should be undertaken by the legislature rather than by judges. Case law demonstrates the paradox that results from the current law. As Dame Butler-Sloss P. emphasised in B v An NHS Hospital Trust6, a competent patient may refuse any form of medical treatment, even life-prolonging medical treatment, for whatever reason. B was able to insist that the ventilator, which kept her alive, was to be disconnected.Diane Pretty was also able to make a competent and autonomous choice about the timing and manner of her death, but was unable to implement this decision due to a prohibition of assisted suicide and thus died in exactly the way she had tried to avoid. Bland, who could not make such a choice, was deemed to have an existence whose futility justified the

Essay for Hamlet-Character Analysis Example | Topics and Well Written Essays - 1750 words

For Hamlet-Character Analysis - Essay Example Cynthia Gravlee writes, â€Å" Hamlet’s Gertrude ia vindicated by Rebecca Smith(â€Å"A Heart Cleft in Twain: The Dilemma of Shakespeare’s Gertrude†), who proves that while Gertrude is generally assumed to be conniving and lascivious, her words and actions really delineate her as a â€Å"compliant, loving, unimaginative woman whose only concern is pleasing others†¦.†(1981,p.120) One point incidentally. A woman, when she enters into wedlock, possesses the supreme confidence, that she will be able to mould her man according to her choices. Her expectations in this regard may or may not come true. Gertrude has similar faith. With this backgrounder information one needs to understand and judge the personality of Gertrude. Gertrude is more to be pitied rather than condemned as vicissitudes in her life are beyond her control. Can two walk together, except they are agreed? In the case in point, the two are mother and son. Hamlet is her antithesis, but nothing wrong in it. Hamlet is a scholar and a philosopher, with an inquisitive mind to find out the deeper meaning of life. In contrast, Gertrude is as worldly. She is proud of the charm of her body and the secular pleasures of her life. She likes to be pampered. She sees her paradise in soft pillows, warm baths, fine clothes and trinkets. Hamlet is internally devastated by her action in marrying his uncle. That too within a short time of his father’s death! The Ghost intervenes to give more disturbing information about her, which upsets Hamlet thoroughly. The death of Gertrude’s husband is a fact. The question that is often posed by the critics is why she marries in a hurry. Hurry from whose point of view? With the death of Hamlet’s father, her Christian marriage vow comes to an end. She is the queen, accustomed to live with supreme comforts of life. She is eager to restore and secure her position. If Claudius marries some other woman, she will

Kinetics of Drug Degradation and the Effect of pH on Drug Stability Lab Report

Kinetics of Drug Degradation and the Effect of pH on Drug Stability - Lab Report Example This iodine level reading then indicates the amount of iodine and therefore the amount of the drug that had been degraded and subject to the reaction with the used up iodine (Yoshioka and Stella 2000, pp. 61-69; Cohen et al. 1984; Brucat n.d.; Laude 2011; Stretton 2004). The spectrophotometer was calibrated to 324 nm for wavelength, zeroed with the use of water, and set to absorbance recording. For the trial run, 250 mL capacity Flask 2 was used to hold 10 mL of the drug in aqueous solution making use of a pipette, together with 120 mL of water. 250 mL capacity Flask 1 was used to hold 10 mL of water, 50 mL of aqueous iodine solution, and 10 mL of H2SO4, 0.1 M, likewise making use of a pipette. All of Flask 1 was poured into Flask 2, and swirled, at the same time marking the start of the timer. Flask 2 contents were poured back into Flask 1. At the 30 second mark, the reading for absorbance is noted, and this reading is done for every 30 seconds up to the six minutes mark. The pH of the mixture is also noted. This is a run. The actual experiment is done in five iterations of this run, with the initial Flask 2 contents retained, while the Flask 1 acid and water levels were varied according to the table below (Yoshioka and Stella 2000, pp. 61-69; Cohe n et al. 1984; Brucat n.d.; Laude 2011; Stretton 2004): Using the data for the absorbance at different pH and time, the gradient is calculated with the use of LINEST and SLOPE to determine the rate of reaction. Both yield the same results. The derived rates of reaction are given below: The rate of decline of iodine concentrations is a function of the acidity of the solution, as can be seen in Graph 1. Where the pH is most acidic, which is experiment 5 at a pH value of 2.05, the rate of decline is fastest. This corresponds to the fastest rate of degradation for Drug X. Graph 2 is to be interpreted in the same manner. Where the slope is least negative

Contracts and Negligence Assignment Essay Example for Free

Contracts and Negligence Assignment Essay Q. 1.1 A Contract is an agreement that is obligatory when imposed or acknowledged by law. (Peel, 2010). An agreement is a contract when forged with the willing approval of those involved in the contract, for a legal consideration and with a legitimate object, and not hereby expressly declared to be void (Malaysian Contracts Act, 1950). Contracts can either be Bilateral or Unilateral. Bilateral Contract is an agreement where a promise is exchanged for a promise. For instance, contract for the sale of goods is a bilateral contract. The purchaser promised to purchase the goods, in return for the seller’s promise to supply the goods. Figure 1 Source: https://www.google.co.uk/search?q=drawing+of+bilateral+contract+by+wikispaces The above shows both sides promise to do something Unilateral Contract occurs where just one person makes a promise open and available to anyone who performs the required action. For example: â€Å"collecting the reward such as  £100 for a lost document or pet† is unilateral contract. Figure 2 Source: http://www.images.123.tw/unilateral-contract/ The above shows only one side promises Contract can also be oral or written. Furthermore in order for a contract to be valid the offer and acceptance criteria must be met. The lawfully acceptable method for a contract to be binding is illustrated in the diagram below. This is known as Formation of Contract. Figure 3 Source: (www.laws1008.wikispaces.com) A Contract comprises of six important elements before it becomes valid and these are; Offer, Acceptance, Consideration, Intention to create Legal relation, Certainty and Capacity. If a single one of elements mentioned above is missing, the agreed contract will become illegal. The main elements are explained below: Offer: This is the first element in a valid contract. According to Peel (2010) an offer is â€Å"an expression of willingness to contract on specified terms, made with the intention that it becomes binding once it is accepted by the person to whom it is addressed†. An offer must be communicated and should be explicit. The person putting up the offer is referred to as offeror whilst the individual who receives the bid (offer) is referred to as the offeree. However, an offer must be distinguished from invitation to treat. There are two cases to be considered here. One case is Gibson v Manchester City Council (1979) Mr Gibson was sent a letter that informed him the council ‘may be prepared to sell the property to him for  £2,180 freehold†. The City Treasurer stated in his letter that â€Å"This letter should not be regarded as firm offer of a mortgage†. Included in the letter was the instruction on how to complete and return the enclosed application form to make a f ormal request to purchase the property. Mr Gibson did as he was requested but  because of unanticipated change in political leadership of the council, the proposed action to sell houses to tenants was changed and Mr Gibson was notified accordingly that it would no longer be possible for him to buy the house. Initially the Court of Appeal affirmed there was a binding contract between the the council and Mr Gibson but the verdict got over ruled on appeal to the House of Lords. The outcome of the judgement states that the first note forwarded by the Council was not an offer to sell rather it is an invitation to treat and further stated Mr Gibson did not accept an offer instead made one when he sent his completed requisitioned form. However, in an identical case of Storer v Manchester City Council (1974), Mr Storer puts in a bid to purchase his council property and he was forwarded an ‘Agreement for Sale of a Council House’ form which he signed and posted it back to the Council. The council received his reply before the political reform affecting the sales of house to council tenants transpired. The Council contended that the ‘Sale of Agreement Form to sell the Council House’ was not an offer and in this instance no contract was contracted. However, the Judges failed to agree and ruled that the form was indeed an offer immediately Mr Storer signed the form and forwarded it back to the Council. It is pertinent to point out the differences between these two similar cases. In the case of Mr Gibson no ‘Agreement for Sale’ was prepared and Mr Gibson did not sign. Whereas for Mr Storer’s case there was an agreement; consequently, the bargaining has been done and an agreement attained. Acceptance: Is defined by Chartered Institute of Taxation as â€Å"any words or actions signifying the offeree’s consent to the terms proposed by the offeror†. Acceptance must be final and unqualified. Acceptance should be conveyed to th e offeree. The wordings contained in the terms of the acceptance must be exact wordings in the terms of offer. Carlill v Carbolic Smoke Ball Company (1891) case refers. The company placed an advert in a newspaper, and in addition put a sum of cash on deposit with a bank and say they would pay anyone who contacted influenza while using their products, a remedy for curing flu, coughs, colds, bronchitis. It stated that anyone who had the ailment after taking the medication shall be recompensed with  £100. A consumer, Ms Carlill, took the medication and caught the flu. The firm was sued by her for damages and her case was successful. Consideration: â€Å"means something of value is given by one party to the order: ‘it is the price of  the promise’ (Chartered Institute of Taxation 2013) In Dunlop Pneumatic Tyre Co. Ltd v Selfridges Co. Ltd. (1915) Consideration is â€Å"an act of forbearance of one party or the promise thereof, is the party which the promise of the other is bought and promise thus given for value enforceable†. Selfridges broke the term of agreement and Dunlop sued and lost the case because Dunlop could not enforce the contract because they did not provide any consideration for the promise made by Selfridge. It is important to highlight that ‘past consideration is no consideration. This means that anything done before the promise in return is given is no consideration and it is not adequate to make the promise binding. Types of consideration include: Executed (present) this is when an act is completed. An example is a Unilateral contract Executory this is when promises have been made in exchange for performance of acts in the future. For instance, a Bilateral contract Past consideration. In addition there are certain requirements for consideration to be valid and these are: It must not be past. However, there are exceptions such as:  (a) Previous request where the promisor has previously asked the other to provide services. Lampleigh v Braithwait (1605) (b) Business Situations, that is, when a thing is done in business and both parties perceived that it will be paid for. Casey’s Patents (1892) refers. (c) The Bill of Exchange Act 1882 Section 27 (1) says â€Å"provided that previous debt is valid for a bill of exchange†. It has to be forbearance to sue that is, if an individual has valid claim against another person but promises to forebear the enforcement. Combe v Combe (1951) Alliance Bank v Broom (1864) It should be passed at the request of offerer. Durga Prasad v Baldeo (1880) It must move from the promisee. Dutton v Poole (1677) Tweddle v. Atkinson (1861) It must be sufficient. Thomas v Thomas (1842); Chappel v Nestle (1960). Cannot consist sol ely on sentiment value White v Bluett (1853) It must be legal that is not doing things that are immoral Wyatt v Kreglinger and Fernou (1933) Performance of existing duty that is, person carrying out duties that under general rules, they are required to do will not provide consideration. Traditional authority for rule: Collins v Godefroy (1831).  Carrying out additional duties: Glasbrook Brothers v Glasmorgan County Council (1925) Existing Contractual Duty this is where an individual has promised to do a thing already obligated to them under a contract that will not amount to a genuine consideration. (Stik v Myrick (1809) 2 Camp 317; Hartley v Ponsonby (1857); William v Roffey – if a 3rd party is owed for existing contract Duties to pay debts. This is where debts are paid in instalment. This is not a valid consideration and it is known as Pinnel’s Case. Foakes v Beer (1884) Intention to create legal relations: Parties to the agreement must intend to go into a legally binding agreement or contract. This is an intention from the two involved parties to go into a lawful and binding association. If there is no intention the agreement will be void. Intention to create legal relations could be: Commercial or business relations. Kleinwort Benson Ltd v Mining Corporation Bhd (1989), or, Social friend’s relation. Simpkins v Pays (1955) and Family or domestic relations. Balfour v Balfour (1919). Capacity: All those involved in a contract should possess legitimate ability to go into it. An individual unsafe physically, demented or a minor under the age of 18 cannot go into a binding. However, certain groups of people who have limitations such as mental health issue, drunks and minors under the age of 18. Those are the mentally ill, Minors under the age of 18 as stipulated by the Family Reform Act 1969. e.g. Chapple v Copper (1844) where a service was considered necessary but in the case of Nash v Inman (1908). Where a waistcoat was supplied to a minor would have been considered necessary but in this case it was the other way round as, purchase of the waistcoat is not necessary because the father had already provided the minor with several waistcoats. If a minor procure a luxurious thing and did not acquire because of necessity, the minor is liable and be responsible for his action. Privy of Contract means that â€Å"a contract cannot under normal situation confer rights or impose responsibilities emerging from it on any person except those involved in it. It is also known as â€Å"Rights of the third party Act 1999†. Treitel (2004) It isin also the relationship between the parties to an agreement, though there are exceptions, Q. 1.2. Face to Face (Verbal or Oral): This is â€Å"an agreement based on spoken promises, however it may be difficult to prove and it legally binding and  both parties will understand what they have agreed to and bargained in good faith†. www.ehow.com Phillip v Brooks (1919) case refers. It is case that involved a thief who falsely pretended to be Sir George Bullogh and bought jewellery under Sir Bullogh’s name with a cheque. The thief convinced the jeweller to part with the ring because his wife’s birthday was next day. The jeweller was convinced the was indeed Sir Bullogh after checking the address directory which tallies with Sir Bullogh’s address details. As soon as the rogue left, he sold the ring under the false name of Mr Frith and vanished into thin air. The claimant instituted a unilateral mistake of identity legal action. The case was affirmed that the transaction was not void for mistake because the parties transacted a face-to-face contract and in law it was assumed they dealt with the person before them and not the person they claimed to be. Written Contract: This is a written document indicating an agreement between two individuals. The parties can be human beings, organisations and businesses. All parties will have to append their signature to the contract to be legitimate. It also acts to protect both parties from breach of contract. www.wisegeek.com On-line: This is also known as Distance Selling when goods are sold to consumers void of face-to-face contact and done through Internet, e.g. Amazon.co.uk, eBay, booking vacation and on line banking. This type of transaction is governed by the Distance Selling Act 2000. Four contractual elements are contained in on-line contracts: offer, acceptance, consideration and intention. Contracts by Deed: â€Å"is a written document signed by the promisor and it must be clear be clear in the wording of the document that is intended to take effect as a deed. The must be witnessed by a third party. (Chartered Institute of Taxation 2013). The property title will not be given to the potential buyer until the final payment is made. It is also referred to as Sales Contract. Q. 1.3. Terms are the contents of contract. It is used in the civil law, to denote the space of time given to the debtor to discharge his obligation. Terms could be expressive resulting from positive stipulations of an agreement. It could be of right or of grace it is not within the agreement. Terms are of grace when it is afterwards granted by the judge at the requisition of the debtor. Contracts terms may be expressive or implied and could be classified as either: conditions, or warranties or innominate terms. www.tutor2u.net An express term is one that  has been particularly stated and agreed by both individuals at the time the contract is executed. It could be written or oral. www.tutor2u.net Implied terms are words or stipulations that a court presumes were planned to be incorporated in a contract meaning the terms are not expressively mentioned in the contract. www.elawresources.co.uk It could be: Terms implied through custom, Hutton v Warren (1836) EWHC J61; In fact. The Moorcock (1889) 14 PD 64 At Law Shell UK v Lostock Garage Limited (1976) 1 WLR 1187 There are two main types of implied term: (a)Terms implied by statue for example Sales of Goods Act 1979. There are about four key provision but I will use Section as an example that says â€Å"goods should be of ‘satisfactory quality’ meaning they should be up to standard a rational individual would consider â€Å"satisfactory† and if the purchaser says the good is being purchased for a distinct reason, there is an implied terms the products are suitable for the intended purpose. www.tutor2u/net (b) Terms implied by law courts an example is if the courts held that landlords of blocks of flat should keep the communal areas including lifts, stairs etc. in a reasonable state of repairs – so that the term was implied into the rent contract. an example case is Liverpool City Council v Irwin (1977) AC 236 HL Innominate term this when the parties involved fail to classify the commitments in the contract, the court will hold that they are unattested and apply the ex-post ‘consequence of breach test ’. The judgement given will depend on the magnitude of the breach. Case of: Hong Kong Fir Shipping v Kawasaki Kaisen Kaisha (1962) 2 QB 26 refers. Condition is a paramount term of the contract that goes deeply into the contract. For example if a proviso is contravened the guiltless party is entitled to renounce the contract and claim compensations. In the matter of Poussard v Spiers (1876) 1 QBD 410. Madame Poussard entered into contract to perform as an opera singer for three months. She was ill five days before the opening night and unable to perform for four days, held that she breached condition and that Spiers were entitled to end the contract. Warranties are minor terms of a contract which are not central to the existence of the contract. If a warranty is breached the innocent party may claim damages but cannot end the contract. Bettini v Gye (1876) QBD 183.  Trader puff is an expression of exaggeration made by a sales person or found in advertisement that concerned the goods offered for sale. It represents opinions instead of facts and is usually not considered a legally binding promise. Example of trader puff: â€Å"this is in good shape† and â€Å"your wife will love this car† Representation Term â€Å"is used in reference to any expressed or implied statement made by one of the parties to a contract in the course of negotiation to another regarding a particular fact or circumstances that influence the consummation of the deal and if not honoured the innocent party may bring an action for misrepresentation. (There are three types of misrepresentation as follows: Innocent, fraudulent and negligent misrepresentations (e-law resources) Learning Outcome – 2: Mini-case A The case above is an expressive term Bi-lateral case one involving Fiona and her uncle which involves offer and acceptance. Uncle Arnold was the offerer and Fiona the offree. The offer here was  £15,000. The main element of this case was that of acceptance. The agreement failed due to non-acceptance and time as consideration because the uncle said â€Å"fairly quickly† with a third party involved â€Å"I have already had a good offer from my colleague† so the following is to be considered when giving the verdict: Term: Offer  £15,000 and Acceptance by Fiona, Bi-lateral, both written and expressive Consideration – Time fairly quickly Third Party involved with better offer (Privity) Even though no clear straight form of acceptance occurred it is still a legal binding agreement but in this case Fiona cannot claim compensation for breach of agreement because it failed due to her delay and negligence in not responding in time. Therefore, if Fiona decides to go to court her case is not substantial enough to award her for damages. However, under vicarious liability Fiona can make a claim in court if she wishes. An example is Harvey v Facey (1893) AC 552 Privy Council. This was a case between Harvey and Facey in which correspondences were exchanged regarding sales of bumper Hall Pen asking for the sale of the property. (This was a distance offer as it was done through telegram). When Harvey asked â€Å"Will you sell us Bumper  Hall Pen?†. Facey responded â€Å"Lowest price for the Bumper Hall Pen  £900† to which Harvey responded â€Å"We agree to purchase Bumper Hall Pen for  £900 asked by you. Please forward your title deed so that we may get early possession†. Unknown to Harvey Facey was already negotiating with Kingston Council. The transaction failed and Harvey sued Facey. The issue in this case is â€Å"was that there was no clear offer† from Facey to sell the property to Harvey so the Privy Council ruled that â€Å"An offer cannot be implied by writing. It can only be concrete and sound. The appellant Harvey cannot imply that Facey made an offer when he did not† (www.casebriefsummary.com) Mini case B This is a distance, face-to face executed consideration and unilateral case involving offer of intention made by Mrs Smith open to everyone so no need for acceptance in this instance. The offer here is the reward of  £10 if her lost cat is found which did not involve transport cost. Mrs Smith refusal to David  £25 which include cost of transportation is valid and justified as payment for transportation was not included in the advert so therefore David has no case and could not claim for compensation if he goes to court. See Leonard v PepsiCo. PepsiCo placed a superfluous television advert stating â€Å"Pepsi points† if Pepsi was drank highlighting a young person arriving at school in Harriet jet and mentioned that the Harrier jet was for 7,000,000 Pepsi points. Leonard attempted to collect the Harrier jet by forwarding 15 Pepsi points accompanied with a cheque for $700,000.00 in order to obtain the Harrier jet. PepsiCo refused the delivery of the Harrier jet. Leonard lost the case because advertisement was not an offer. Mini-case C Mrs Harris, the owner of three rented houses in Extown, asks her next-door neighbour, Ted, to collect rent from the tenants for her while she is abroad on business. Ted collects the rents and when Mrs Harris returns, she says to him, â€Å"I’ll give you  £50 for your work†. Later Mrs Harris refuses to pay Ted. Here is a bi-lateral verbal, expressive offer and acceptance case between Mrs Harris and Ted. The main contract element issue here is consideration because the act has already been performed by Ted before the agreement was met. Even with no binding agreement, the ‘rule of consideration applies in this case’ because consideration can never be past or post, therefore in this case, Ted can sue Mrs Harris for consideration and breach of Contract  for his claims. For example see the case of Labriola v Pollard Group, Inc. (2004) Mini-case D The above is an offer and acceptance bi-lateral expressive written contract case between Lynx Cars Ltd and Roadstar Ltd though the agreement is not legal binding. The offeror is Lynx Cars Ltd whilst the offeree is Roadstar Ltd. The contract term as stated here are the quantity of cars (2000), time limit of five years with no financial loss incurred. Roadstar Ltd was informed in good time of just four weeks cancellation into the agreement. My verdict is that for Roadstar Ltd to make a claim the agreement must be legally binding which is missing in this case. Therefore Roadstar can withdraw from the agreement but cannot make any claims for compensation because of reasons given above. Mini-case E The above case was initially a unilateral case because it was advertised and opened to all but after the agreement was signed between Slick Cars and Paul it became Bi-lateral. The agreement was also an expressive one with contract term of conditions, warranty and trade puffs met. However if in the future something goes wrong with the car, Paul is not entitled too claims because all the sales conditions were met as of the time of purchase. Also if the car was discovered to have been stolen, Slick Cars Ltd and not Paul will be liable for prosecution. The warranty on the car includes the refund of road tax payment and an implied term of â€Å"buying a car from their hundreds of cars†. All the conditions regarding the sales of the car have been met bargain including the traders puff. My advice to Paul is to go ahead and buy the car as he has no liability regarding the car even if the car was to be a stolen one. However if the Trade puff does not represent what the advert says, or any of the condition is missing, Paul has the right to terminate the agreement his money will be refunded but will not be entitled to any compensation. However if the Trade puff defaults and Paul has evidence to support it, Paul can sue for compensation. Verdict Paul to buy the car but he should bear in mind that the warranty cannot end the contract but again, he could be compensated. Carlill v Carbolic Smoke Ball Company (1891) case refers. Mini-case F The above is a clear case of tort negligence and breach duty of care. Negligence failure on Duty of Care on both the part of the Council and the Leisure Centre. The Council’s notice was partially obscured so not visible to Jim and his wife, also the Council should have cut the overgrown shrubs failure to do this is maintenance negligence as this accident could have been prevented in addition Jim’s car damaged by the Council van is a health is an implied term and safety issue for which the Council is liable. The Leisure Centre on the other hand did not show any Duty of Care when the accident happened and therefore liable to pay for injuries and other related costs. In view of the above, it is my considered advice that Jim and his wife get compensated. See Blake v Galloway (2004) CA Q. 3.1 Tort is a civil wrong committed against an individual and originated from the Latin word tortum meaning â€Å"twisted wrong† and also conceded in court law as arguments for a legal action that can be resolved through compensations. See, e.g. Smith v. United States, 507 U.S. 197 (1993). This is a case involving the of a husband who got killed whilst working for a private firm under contract to a Federal Agency in Antarctica a region with no recognised government and without civil tort law and the wife sued The United States under the Federal Tort Claims Act (FTCA) for wrongful death in action. The case was dismissed by the District court for lack of jurisdiction because Mrs Smith’s case was stopped by FTCA’s foreign country exception policy that states that the statute’s waiver of sovereignty immunity does not apply, however, the Court of Appeals affirmed. (https://supreme.justia.com/cases/federal/us/507/179/case.html) The principal reason for tort law is ensuring compensation is given for the injuries sustained and to prevent others from committing the same harms. Inclusive of the types of injuries the injured party may recover are: loss of salaries fitness, pain hardship, and rational medical costs. These are inclusive of both present and future expected losses. Tort could be in form of trespass, assault, battery, negligence, products liability, and intentional infliction of emotional distress Torts are classified into three categories as follows: Intentional torts: These are intentional acts that are rationally and foreseeably done to injure another person. Intentional torts are unethical behaviours the defendant knew or should have known could transpire as a result of their actions or inactions, an example is to intentionally hit a person. Case of Broome v Perkins [1987] Crime LR 271 refers. The appellant was diabetic and drove in an unsafe manner whilst suffering from hypo-glycaemia, a low blood sugar level caused by an excess of insulin in the bloodstream. His claim of non-insane automatism failed because of evidence that he had exercised conscious control over his car by veering away from other vehicles so as to avoid a collision and braking. His was found guilty for driving without undue care and attention Negligent torts are the most common tort used to describe behaviour that constitute unreasonable risks to harm to a person or property or where the defendant’s actions were irrationally precarious. Vaughan v Menlove (1837) 3 Bing NC 467 in this case the defendants haystack caught fire because of poor ventilation. The defendant had been warned several times that the haystack could cause fire but he contended he had used his acumen and did not anticipate a risk of fire. The court held his logic was inadequate. He was adjudged by the standard of a reasonable man. (www.e-lawresources.co.uk) However, it pertinent to mention that not all wrongful act is a tort. In order for a tort to be constituted the following must exist: Every wrongful act is not a tort. To constitute a tort, There must be an unjustified action carried out an individual person The unjustified action must be serious in nature to have given warranted a judicial relief and Such judicial relief should be in the manner of an action for un-established injuries. Strict liability torts are when a person places another in danger in the absence of negligence because he possessed weapon, animal or product and it is not compulsory for the plaintiff to prove negligence meaning :mens rea†. http://education-portal.com See Sweet v Parsley 1970 HL This is a case involving a landlady who lets rooms to tenants however she kept a room for herself and visits once in a while to collect her letters and the rent. In her absence the house was raided by the police and cannabis found. She was  found guilty under s5 of the Dangerous Drugs Act 1965 (now replaced), of being concerned in the management of premises used for the smoking of cannabis. She appealed and claimed no understanding of the situation and could not be expected to rationally have acquired such understanding. Her conviction was revoked by The House of Lords, due to lack of proof that she purposely rented her house to be used for drug-taking, since the statute in question created a serious, or truly criminal offence, the judgement convicting her would have grave consequences for the landlady who is the defendant. Lord Reid stated that a stigma still attaches to any person convicted of a truly criminal offence, and the more serious or more disgraceful the offence the greater the stigma†. Lord Reid in furtherance pointed out that it was inappropriate to levy her for total liability for this type of wrongdoing because the people who were in charge for renting properties are not likely to have anticipated everything that their tenants were doing. It is imperative to mention that there are both similarities and differences in torts. Similarities between tort and contract laws The above two laws share the same similarities in that they are both civil wrong. In tort the injured person will claim damages with a classical example of Donoghue v Stevenson (1932) whilst in contract the injured person will sue for compensation an example is the case of Dunlop Pneumatic Tyre Co. Limited v New Garage Motor Co Limited (1915) A C 79. In both tort and contract violations monetary rewards or any payment that will atone for the losses Differences between tort and contract laws are shown in the table below: Tort Law Contract Law No relationship with the claimant, could be total stranger Claimants could be known to each other and parties to the contract Consent not necessary liability is warranted by one individual against another Consenting parties are involved Tort is punitive Contracts is positive, creative situations Tort is used to claim compensation by the injured party Contract involves two or more parties In tort damages are imposed by court or negotiated In Contract compensations are awarded as stipulated in the contractual agreement Tort law is not codified Contract law is codified Tort law safeguards right in rem available against everyone It protects rights in personam meaning against a particular person Damages are un-liquidated Damages are liquidated Source: http://www.acadmia.edu Q. 3.2 Negligence is the failure to take reasonable care or exercise the required amount of care to preventing harming others. An example is where an accident occurs that injured another person or cause damage to the car because the driver was driving erratically, the driver could be sued for negligence. http://www.thismatter.com Negligence in behaviour and duty usually have a disastrous effect on individuals and the society as whole, and in order to protect the society from these dangerous acts, legal steps are taken such as included in the elements of negligence. Consequently, elements of negligence as explained below: Duty of Care: is the statutory obligation made mandatory on every rational human being of sound mind to exercise a level of care towards an individual, as reasonably in all the situations, so as to avoid injury to other fellow human being from being or damage his or her property. An example is the celebrated case of Donoghue v Stevenson (1932) in which the claimant drank gi nger beer bought by her friend containing a dead snail causing her harm . This case brought about the â€Å"neighbour principle test† and according to Lord Atkin â€Å"Reasonable care must be taken to avoid acts or omission which one can reasonably foresee to injure one’s neighbour and this brought about the question ‘Who then in law is my neighbour?’ Neighbours are those individuals who will be closely and directly affected by one’s act† This case led to the Neighbour’s principle. Duty of care is therefore based on the relationship of different parties involved, negligent act or omission and the reasonable foreseeability of loss to that person http://.www.carewatch.blogspot.co.uk. The loss here may arise as a result of misfeasance or nonfeasance and may also cause pure  economic loss as I the case of Ultramares Corporation v Touche (1931) and psychiatrist damage or nervous shock. Case of Alcock v Chief Constable of South Yorkshire Police (1991) refers In order to establish a Care of duty, the listed bullet points below also known as the tripartite contained in negligence must be met: The element must be reasonably be foreseeable There must be a relationship between the claimant and the defendant It must be fair, just and reasonable in such environment or situation for a duty of care to be sanctioned. Example is the matter of Caparo v Dickman (1990) HL a case involving auditors certifying false account for the company. (www.sixthformlaw.info) Breach of Duty: is where the defendant fails to meet the standard of care as stipulated by law and to confirm if the defendant owed the plaintiff any moral or obligatory duty. However the defendant is not enforced to have any contractual liability with the plaintiff. The responsibility can be moral or legitimate. Example is the case of Willsher v Essex Area Health Authority (1988) 1 AC 1074 in which a premature babe was given overdose of oxygen by a junior doctor that affected the baby’s retina and made him blind. The case was affirmed as the defendant was in breach of duty (www.e-lawresource.co.uk) Psychiatric Injury: This arises from â€Å"sudden assault on the nervous system (www.lawteacher.net) and until recently was uncertain in tort of negligence. For claimants to make claims regarding psychiatric injury he or she must be able to prove that the injury was genuine. However emotions of grief or sorrow are not enough to cause psychiatric injury Hinz v Berry (1970) 2 QB 40 The Hinz family went out for a day trip when a jaguar driven by Berry ran into the Hinz’s car killing the Mr Hinz and injuring the children. Mrs Hinz witnessed the incident and became depressed but her claim was rejected by the Court of Appeal. Factual Causation: This is the process where it must be proved reasonably in the law that the defendants action led to damage. This in some cases, applying â€Å"but for† test in most cases resolve the disputed tort’s law cases but if it was proved, the fact must go hand in hand with the other elements, in order to make the case valid and if established, then the defendant is said to be liable to damages. The case of Barnet v Chelsea Kensington Hospital Management Committee (1969) in which a Mr Barnett went to hospital and complained of stomach pains and vomiting, he was attended to by a nurse who  informed the doctor on duty. The doctor told the nurse to send him home and visit his GP in the morning. Mr Barnet passed away five hours later due to arsenic poisoning. Even if the doctor had examined Mr Barnett at the time he visited the hospital there was nothing he could have done to save him. The hospital was found not liable but this case introduced the â€Å"but for† test that is, the hospital was not negligent for the death of Mr Barnett. Bermingham. (2005). However, there is no need to prove negligence has a certain pattern or order. The elements are principally the determining rules in assessing whether a certain case is a case of negligence or not. Damages: This is the sum of money a plaintiff gets awarded in a lawsuit. There are various types of damages such as: Special damages: caused by the injury received inclusive of medical and hospital bills, ambulance charges, loss of wages, property repair or replacement costs or loss of money due on a contract. General damages: is a result of the other partys actions, however, they are subjective both in nature and in determining the value of damages. These include pain and suffering, future problems and crippling effect of an injury, loss of ability to perform various acts, shortening of life span, mental anguish, and loss of companionship, loss of reputation in a libel suit, humiliation from scars, loss of anticipated business and other harm. Exemplary (Punitive) damages: This is the combination of punishment and the setting of public example. Exemplary damages may be awarded when the defendant acted in a malicious, violent, oppressive, fraudulent, wanton or grossly reckless way in causing the special and general damages to the plaintiff. On occasion punitive damages can be greater than the actual damages, for example, in a sexual harassment case or fraudulent schemes, though these damages are often requested for, they are rarely granted. Nominal damages: These are damages awarded when the actual harm is minor and an award is necessitated under the circumstances. The most famous case was when Winston Churchill was awarded a shilling (about 25 cents) against author Louis Adamic, who wrote that the British Prime Minister had been drunk at a dinner at the White House. The Times. (1947) Liquidated damages are damages pre-set by the parties in a contract to be awarded in case one party defaults as in breach of contract. The case of Dunlop Pneumatic Tyre Company v New Garage Motor co (1915) AC 70 refers. Defences for  Negligence: This is where the defendant tries to introduce evidence that he did not cause the plaintiff’s damage or injury. (www.injury.findlaw.com) There are several defences obtainable to negligence claims such as: Violenti non fit injuria: This is a Latin phrase which means â€Å"for a willing person, there is no harm† and used in civil cases as a defence especially when the claimant voluntarily assented to start legal risk of harm at his own peril. In the case of: Smith v Baker (1891) AC 325. The plaintiff was employed by the defendants on a railway construction site and during the course of his work rocks were moved over his head by a crane. It was known to both the plaintiff and his employers that there a risk possibility of a stone falling on him and had earlier complained to his employer about the risk A stone fell and injured him and he sued his employers for negligence. His employer pleaded violenti non fit injuria and declined by the court because although the plaintiff knew about the risk and continued to work but no evidence shown that he voluntarily undertook to run the risk of injury, but his continuance to work did not indicate volens (his consent). Contributory negligence: This defence applies where the damage suffered by was caused partly both by the claimant and the defendant. Here the defendant must prove that the claimant failed to take reasonable care for his own safety and this caused the damage. This was enacted in the Law Reform Contributory Negligence Act 1945 according to Cracknell (2001) that (1) â€Å"Where any person suffers damage as the result is partly of his own fault and partly of the fault of any other person or persons, a claim in respect in respect of the damage shall not be defeated by by reasons of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such exte nt as the court thinks just and equitable having regard to the claimant’s share in the responsibility of the damage† so, if contributory negligence is confirmed the claimant would be awarded the cost proportional to his own fault of the damage. For example if the claimant was entitled to  £20,000.00 (Twenty thousand Pounds and he was responsible for 25 per cent of the damage, the claimant would be awarded  £15,000.00 (Fifteen thousand Pounds only). However, sometimes contributory negligence operates in complete defence as in Common law where the court found the claimant to be partially blame for their injuries they might receive nothing. In the case of Butterfield v Forrester (1809) 11 East 60  the plaintiff was injured when rode his horse erratically and ran into a post obstruction negligently left on the road by the defendant near his house with the intentions of carrying out repairs. A witness confirmed the plaintiff (Butterfield) was riding dangerously and could not avoid the post. The witness further testified that if the plaintiff was not riding dangerously he would have seen the post and the accident would have been avoided. The plaintiff was found guilty of contributory negligence and received nothing. Froom v Butcher (1976) QB 286. The driver of a car did not use the safety belt and was seriously injured in the accident with the defendant’s car as a result of the defendant’s negligence. The injuries sustained by the driver would not have been that serious if he wore the seat belt. His damages were reduced by 20 per cent by the Court of Appeal. This accident resulted in the introduction of not wearing safety belt as a criminal offence. Statutory or Common Law Justification: In certain situation a person may have a worthy defence to a tort action if he has valid evidence that his actions are covered by statutory rule and applicable law or legislation. A good example is the Police and Criminal Evidence Act 1968 distinctly setting out the power of Police to arrest, stop and search and entry. If these powers are used fairly and responsibly, the Act will yield a good defence to a tort action. Self-defence might possibly be a good justification in common law for tortious actions as in the case of R v Gladstone Williams (1984) 78 Cr. App. R. 276. Ex turpli causa non oritur actio (Illegality) : This is coined from Latin to mean â€Å"of an illegal act there can be no lawsuit† (www.legal-glossary.com) In the case of Vellino v Chief Constable of Greater Manchester (2002) 1 WLR 218 Court of Appeal Vellino was a regular offender with history of convictions. He was arrested and as usual tried to jump from the second floor window and got himself injured seriously. The Police were aware of his several attempts in the past and knew this to be dangerous but did nothing to stop him from escaping. In his attempt to escape from the second floor he injured himself and suffered fractured skull resulting in brain damage and quadriplegia also known as tetraplegia, a paralysis caused by the injury he sustained making completely dependent on people for support. Vellino sued the Police and claimed they owe him duty of care to prevent him from injuring himself which the Police denied and in their defence raised ex ‘turpi causa’ that it was a criminal  offence for an arrested person to attempt to escape. The claimant’s appeal was dismissed. Consent: Is a full defence raised in civil cases especially when a defendant is sued for civil litigation for committing an intentional tort. . It is also referred to as assumption of risk and it plays an important role in law. In common law consent is regarded as a necessary ingredient for creating a binding contractual bargain. In addition Consent is very closely linked with â€Å"volenti non fit injuria†. Below are the types of Consent: Express Consent: Is when the defendant agreed to willingly submit to plaintiff’s action. For example, Tom willingly takes part in a tackle football game and Henry tackled Tom, Tom suffers a knee injury. Henry is not liable because Tom obviously consented by agreeing to take part in the game. Implied Consent: is deduced from plaintiff’s conduct. (O’Brien v Cunard S. S. Co., 28 N. E. 266 (1891) Plaintiff was a passenger abroad on one of the Defendant’s ships. She was vaccinated whilst on the ship and suffered complication resulting in injury. She sued for assault and injury. Her case was dismissed on the grounds that she did not object when the defendant’s doctor indicated he wants to vaccinate her. Informed Consent: This is an individual’s agreement to allow something to occur made with full knowledge of the risks involved and other options to his chosen course of action. However, consent by the plaintiff does not authorise the defendant to do whatever he wishes to the plaintiff because of the contact that the defendant made with the plaintiff should not go beyond what the plaintiff consented to. For example, if I visited my Dentist to remove a rotten tooth and in the process he noticed a tumour and removed it without my consent. I could sue my GP for assault and injury because I did not consent to him to remove the tumour I only consented to him to remove my rotten tooth. (1) Consent will be void if it is obtained by trickery or by fraudulent means. Bartell v. State 82 N.W. 142 (Wis. 1900). Case refers. (2) Consent will be void if it is given under duress or threats of physical force. (3) Consent will also be void if it was given as a result of a mistake and the mistake was (a) Caused by the defendant, or (b) The defendant was aware of the mistake and he did not alert the plaintiff. Necessity: It is an affirmative defence that is raised when a tortious act is committed by an individual, for the prevention of greater harm or injury from occurring to the community, defendant or defendant’s property. Regina v Dudley Stephen (1884) 14 QBD 273 DC. In this case, Dudley and Stephen the defendants and Brooms were ship wrecked with Parker, a fellow young seaman. They have been without food and water for almost three weeks. The defendants killed Parker to provide food for themselves to save them from starvation but Brooms dissented. They were found guilty of murder (www.casebriefs.com) Q. 3.3 Vicarious liability is â€Å"one which on one individual as a result of an action of another†. Rutherford and Bone. (1993). For example, is the liability of an employer for the acts and omission of his employees. It can be regarded as strict liability due to the defendant not being at fault. The most popular vicarious liability is when the employee otherwise the ‘tortfeasor’ commits a tort while in his employer’s employment, the employer is held liable and this due to the doctrine of ‘respondeat superior’ a Latin phrase meaning ‘let the master answer’ . For a court to establish if an employee acted whilst in employment the following must be confirmed if: Did the action happen whilst the employee is at work and during working hours? Did the employer employ the employer when the incident occurred? Was the injury due to the actions of the employee in the role the employed was hired? Example is the case of Mattis v Pollock (t/a Flaming o’s Nightclub) (2003) EWCA Civ 887 The bouncer was employed by Flamingo night club and in the course of performing his duty he got into a fight with one the customers and stabbed the customer. His employer were held liable for the injuries caused to the customer. Other case example is Other was in which a business can be liable in vicarious manner is when the employee acted in an unauthorised ways whilst performing the contractual duties, or when the employee acted against his employer’s instruction, or if the employee commits fraud and  acted against his work boundaries. In all the above, the employer is still liable vicariously. Examples of different cases are enumerated below: In the case of Century Insurance Co. Road Transport Board (1942) AC 509 HL and Limpus v. London General Omnibus Co (1862). The driver o a petrol tanker was in employment whilst transferring petrol into and underground storage tank. He struck a match to light a cigarette resulted in explosion that caused a lot of damage. It was held negligent the driver was negligent in carrying out his duties and his employer was found negligent. Limpus v. London General Omnibus Co. (1862) in this case th e driver was speeding to collect passengers and purposely obstructed the driver of a rival company and overturned the latter’s bus despite that the bus driver had been warned strictly not to cause obstruction. His employer LGOC was found liable Employee committing a fraud whilst in employment is illustrated in the case of Lloyd v Grace, Smith and Co. 1912 in this case the plaintiff wants to sell some cottages and went to the solicitors. The managing clerk of Lloyd conned the plaintiff to transfer the cottages to him and embezzled part of the mortgage money. Lloyd was sued by the employee and they were found liable for the fraud committed by the clerk even though it was only the clerk who benefited from the fraud. Control Test: The control test was the original test that has its origin in master and servant law and it also explore who has dominance over the way work is carried out the work. This test was applied in Mersey dock and Harbour Boards v Coggins and Griffiths Ltd (1946) Mersey Dock was in charge of training and for providing crane operator to organizations. Mersey contracted one of his operators to Stevedore Company and caused injuries through his negligent in operating of the cra ne. Mersey Dock was found liable as it was assumed the crane operator was in their employment as a contractor. Finally, the Employee’s criminal behaviour is one of the positive factors of how a business can be vicariously liable because if whilst in employment commits any criminal action his employer is liable vicariously the case of Heasemans v Clarity Cleaning (1987) Court of Appeal where the defendant employed an office cleaner who in the course of her duty used the plaintiff’s telephone for international calls. The appeal of the contactor was successful as it was held that was not vicariously liable for his employee’s act Health and Safety Act 1974: It is also referred to as HSWA or HASAWA is the main piece  of law or legislation that covers occupational health and safety at work and gives wide-ranging duties on employers to ensure in a reasonable practical manner the health, safety and welfare at work of all employees, likewise it also expect some degree of responsibilities from employees. Source: (http://www.hse.gov.uk/legislation/hswa.htm) The main purpose of this Act is to ensure: The security, of health and safety as well as the welfare of individuals at work To protect individuals against risk to health and or safety in relations to the activities of individuals at work To control and prevent the use of illegally acquired of hazardous dangerous substances. Employers’ responsibilities include: To provide and maintain safety equipment and safe systems at work. To ensure hazardous materials used are properly stored, handled, utilised and transported safely To provide supervision, instruction, information, training at work for employees To ensure the control of certain emission into air To provide a safe working environment To provide a written safety policy/risk assessment for employees Look after the health and safety of others such as the members of public. On the other hand, the employees’ responsibilities include: Taking care of their own health and safety and that of others, failure to do this makes the employees liable Must avoid interfering with things provided by the employer in the interest of health and safety Must cooperate with their employers Source: (http://www.slideshare.net/ManojRNair/work-based-learning-health-and-safety-act-1974) Finally, it is worth mentioning that there are other several relevant legislations amongst which are: Management of Health and Safety at Work Regulations 1999 Fatal Accident Act 1976 Limitation Act 1980 Law Reform (Contributory Negligence) Act 1945 Employers’ Liability (Compulsory Insurance) Act 1969 Employers’ Liability (Defective Equipment) 1969 Civil Procedures Rules (as amended by the Woolf reforms) Sources: (www.leeds.ac.uk) In conclusion the above report has critically and chronically been done and analysed to reflect on all the relevant issues affecting Aspects of Contracts and Negligence. Vicarious Liability. StudyMode.com. 02, 2013. Accessed 02, 2013. http://www.studymode.com/essays/Vicarious-Liability-1451515.html. Page Bibliography In Law, What is the Differences Between Tort and Contract [Online] Available at: http://www.wisegeek.com/in-law-what-is-the-difference-between-tort-and-contract.htm Accessed 28 October 2014 Law on Verbal Contract [Online] Available at: http://www.ehow.co.uk/about_5569485_laws-verbal-agreements.html Accessed on 01 November 2014 Misrepresentaion [Online] Available at: http://www.e-lawresources.co.uk/Misrepresentation.php Accessed 01 November 2014 LAW OF TORTS [Online] Available at https://www.academia.edu/7711371/LAW_OF_TORTS_Distinguish_Between_Law_of_Tort_Criminal_Law_and_Contract_Act Definition of Verbal Agreement [Online] Available at:www.ehow.com/info_7755018_definition-verbal-agreement.html [Online] Accessed 02 November 2014 Contract – Express Implied Terms – Tutor2u [Online]. Available at: http://www.tutor2u.net/law/notes/contract- express-implied-terms.html Accessed 02 November 2014 Breach of Duty [Online] Available at: http://e-lawresources.co.uk/Breach-of-duty.php Accessed on 04 November 2014 Vaughan v Menlove [Online] Available at: http://www.e-lawresources.co.uk/Vaughan-V-Menlove.php Accessed on 04 November 2014 Psychiatric Injury [Online] Available at: http://www.lawteacher.net/health-law/essays/psychiatric-injury.php Accessed on 06 November 2014 Cases –tort-negligence-duty of care [Online] Available

Reviewing Thanks For Not Killing My Son English Literature Essay

Reviewing Thanks For Not Killing My Son English Literature Essay With hundreds of newspaper publications printed every day, television and internet, you might ask yourself Why would I need to read a short essay published in a college English book? Well, I will tell you the true story about this short essay. More importantly, I will tell you why you should read it. The essay Thanks for Not Killing My Son by Rita Schindler stands out from the crowd because it is emotionally intense, abundant in visual sentences, and very thought provoking. First of all, Rita Schindler combines attention-getter and persuasion techniques in just 38 lines, each of them delivering full-impact feelings, making this essay emotionally intense and effective. The Torontonian mother, whose son was cruelly beaten by some strangers, wrote the essays title in a way that immediately catches the readers attention. Thanks for Not Killing My Son is not used as a form to express gratitude to someone, but is instead used as irony. The constant repetition of the thank you will make you wonder at the mothers non-violent response to her sons beating, and will also build emotion. However, by the end of the essay, when the mothers thanking becomes a pattern, you begin to understand the compassion of a loving parent. Using implied fright through the entire essay, Schindler creates another kind of emotion for the reader. When Schindler says à ¢Ã¢â€š ¬Ã‚ ¦thank you for his eyesight, his hearing and his hands which you could have easily crushed (8), you may thin k that a similar attack can really affect you or someone you care about. The argument raises to a climax in the final point, which suggests the ultimate loss to parents, the death of a child. When the author says, You could have kicked him to death, but you only left him to die. Thank you. (Schindler 11), she alludes to what might well have resulted from the actions of the attackers. By the time you finish reading this essay, itll reveal you a final emotion; the mother leaves death to the end, since its a thought she would not ever like to experience. Secondly, you will find this essay abundant in visual sentences, making this another effective way to grab your attention. As soon as you start reading it, I can assure you that youll realize how powerful those visual sentences are. He was left lying in a pool of blood from an open head wound (Schindler 3) is the beginning of the third paragraph and reflects immediately the ferocity of the attack. Moreover, its not just the brutality of the attack itself, but the fact that they leaving someone lying unconscious in a park alley in the middle of December. Reading further, you realize that this idea of using visual sentences becomes more frightening because the author has used examples of actual events instead of talking in general about the nature of violence (Schindler 5, 6, 7, 9). Finally, the essay is very thought-provoking making it relevant to our times, because it raises questions about law enforcement, kids education, or revenge. Since the attack against his authors son happened sometime between 1.30 p.m., Dec. 8, and 1 a.m., Dec. 9,à ¢Ã¢â€š ¬Ã‚ ¦in the Victoria Park-Terraview area (Schindler 3), the first thought that may cross your mind would be about the sense of security and law enforcement on the streets of Toronto. You might think about this when you read this sentence: when his friends were talking about revenge, I heard him say, No, I dont want someone elses mother to go through what mine has. (Schindler 10). Our society needs to change the way we enforce the law, so revenge should not be our concern. The essay is also relevant to our times because it makes you think about todays parental guidance related to street violence. You may say that there is no connection between those two, but when five guys and two girlsà ¢Ã¢â€š ¬Ã‚ ¦beat [up] one per son (Schindler 9), these act definitely shows that parental guidance was not effective in this case. Any parent must exercise constant guidance and attention to their kids, and you can found this idea in the last sentence of the essay: I hope that someday youll have children and love them as much as I love mine, but I wouldnt wish on your child what you did to mine. (Schindler 13). In conclusion, when reading Thanks for Not Killing My Son you will discover an emotionally intense, thought-provoking essay that is full of visual sentences. Giving you those reasons to read Rita Schindlers essay, we should make an effort and prove that the following rhymes from a well known song are wrong, and we can change this amazing world that we live in. Theres something wrong with the world today. I dont know what it is. Somethings wrong with our eyes. Were seeing things in a different way, and God knows it aint His. It sure aint no surprise. Livin on the edge.  [1]  

Honda, The Car Everyone Needs :: Argumentative Persuasive Essays

Honda, The Car Everyone Needs      Ã‚  Ã‚   Beep! Beep! Beep! Goes the alarm clock in the other room.   Oh man, surely it can't be time to get up yet, you think to yourself. As you scramble out of the bed and into the shower, the thought crosses your mind, I hope my car starts. You take the quickest shower possible and eat breakfast so fast you almost choke and then realize, I'm still going to be late for my 8 o'clock class. You race out of the house with your keys in your hand, jump into the car, and damn it won't start. Then, you think to yourself, could this day get any worse? If this sounds like your typical morning, then I have the car for you.      Ã‚  Ã‚   What kind of car do you drive? Is it a piece of junk that is falling apart? Are you looking to buy a new car? Are you attending college presently? If you answered yes to the majority of these questions then you could be in the market to buy a Honda Civic.      Ã‚  Ã‚   Every college student should own a Honda Civic. After all the Honda Civic ranks as   the best selling compact car in America. Why wouldn't it be? Being affordable, reliable, durable, safe, economical, compact and sporty, with low insurance rates, and not to mention achieving great gas mileage makes this car the best. This car has everything I look for when buying a new car and more.      Ã‚  Ã‚   Price affordability is definitely the first thing I notice when looking at this car. When going to college most students don't have thousands of extra dollars lying around, so price is one of our main concerns. Price is an extremely attractive factor when looking at a Honda Civic because they are highly affordable starting around the low price of $14,000. If your one of those people that must have all the accessories and options, then you can buy a Honda Civic nicely equipped for around $16,000, which as you can see is very affordable when compared to others in its class.      Ã‚  Ã‚   This very affordable car also has a reputation for reliability. A reliable car is beyond doubt what a stressed out college student needs.

Comets :: Essays Papers

Comets What is Cometography? Cometography is a four-volume project I have been working on since the mid-1970s. Jump-started by comet Kohoutek of 1973-1974, I began researching comets and immediately found myself becoming more and more intrigued by them. It was fascinating to read about comets that unexpectedly split, brightened, or faded. There were also interesting stories concerning the discovery circumstances of some comets, as well as tales about how comets affected cultures. As I continued reading I found that, back in 1967, the International Astronomical Union suggested that an up-to-date descriptive catalog of comets or "cometography" was needed. A committee was formed, but in 1970 it reported, according to the words of Brian Marsden, "that it would be very nice to have a cometography, but that the effort required to produce such a catalog was greater than the members of the committee could devote to it." Thus began my inspiration to research and write Cometography, a set of books devoted to adequately presenting the details of every comet seen in recorded history. The last complete work of this type was written by Alexander Guy Pingre. His two volumes, called Cometographie, were published in 1783 and 1784, but are now greatly out of date. Not only do they obviously lack the comets seen between 1784 and the present, but much of the original source material has been retranslated over the years, so that Pingre's work is now inaccurate in places. Since the time of Pingre, two other books have been published: Physical Characteristics of Comets, by S. K. Vsekhsvyatskii in 1958, and Comets: A Descriptive Catalog, by myself in 1984. Both of these books brought the 19th and 20th century comets to readers, but in a manner much more highly condensed than that of Pingre. They also only included those comets for which orbits had been computed. The vast portion of Pingre's work included comets for which orbits could not be determined, some of which have since been identified as previous, though poorly observed, appearances of Halley's comet, periodic c omet Swift-Tuttle, and periodic comet d'Arrest. Cometography brings back the lesser observed comets, with the intention of providing all necessary details that might help future astronomers establish new comet identity links. To aid in the accuracy of Cometography I have tried to avoid Pingre's books and the book of Vsekhsvyatskii. Comets :: Essays Papers Comets What is Cometography? Cometography is a four-volume project I have been working on since the mid-1970s. Jump-started by comet Kohoutek of 1973-1974, I began researching comets and immediately found myself becoming more and more intrigued by them. It was fascinating to read about comets that unexpectedly split, brightened, or faded. There were also interesting stories concerning the discovery circumstances of some comets, as well as tales about how comets affected cultures. As I continued reading I found that, back in 1967, the International Astronomical Union suggested that an up-to-date descriptive catalog of comets or "cometography" was needed. A committee was formed, but in 1970 it reported, according to the words of Brian Marsden, "that it would be very nice to have a cometography, but that the effort required to produce such a catalog was greater than the members of the committee could devote to it." Thus began my inspiration to research and write Cometography, a set of books devoted to adequately presenting the details of every comet seen in recorded history. The last complete work of this type was written by Alexander Guy Pingre. His two volumes, called Cometographie, were published in 1783 and 1784, but are now greatly out of date. Not only do they obviously lack the comets seen between 1784 and the present, but much of the original source material has been retranslated over the years, so that Pingre's work is now inaccurate in places. Since the time of Pingre, two other books have been published: Physical Characteristics of Comets, by S. K. Vsekhsvyatskii in 1958, and Comets: A Descriptive Catalog, by myself in 1984. Both of these books brought the 19th and 20th century comets to readers, but in a manner much more highly condensed than that of Pingre. They also only included those comets for which orbits had been computed. The vast portion of Pingre's work included comets for which orbits could not be determined, some of which have since been identified as previous, though poorly observed, appearances of Halley's comet, periodic c omet Swift-Tuttle, and periodic comet d'Arrest. Cometography brings back the lesser observed comets, with the intention of providing all necessary details that might help future astronomers establish new comet identity links. To aid in the accuracy of Cometography I have tried to avoid Pingre's books and the book of Vsekhsvyatskii.

An Indepth Look at HG Wells :: essays papers

An Indepth Look at HG Wells Herbert George Wells was born on September 21, 1866 in Bromley, England, the last of four children. His mother was a house cleaner and his father was a shopkeeper. When he was eight years old, he broke his leg, spent a lot of time reading, and discovered an intense interest in books. At the age of thirteen, his father was injured in an accident so Wells had to leave school and work for a draper. He hated this work and managed to change his employment by working for his uncle and becoming a part-time tutor. This gave him the opportunity to continue his studies in his free time. He finally won a scholarship to The Normal School of Science in London. He worked as a journalist while continuing his education. In 1891, he married his cousin Isabel. In 1894, he and Isabel were divorced and he then married one of his pupils. In 1895, Wells’ first major work was published- Select Conversations with an Uncle. His next book, The Time Machine, also published in 1895, started Wells on his road to success. This book was followed by The Island of Doctor Moreau, in 1896, The Invisible Man, in 1897, and War of the Worlds, in 1898.[1] H.G. Wells was one of the fathers of modern science fiction. He made his reputation as a writer through what he called â€Å"scientific romances†[2], a comment he made about his own science fiction in the 1930’s. However, he himself said that there were radical differences between his science fiction and that of Jules Verne. Wells said that his own work was â€Å"an exercise of the imagination†,[2] as in The Invisible Man and The War of the Worlds. In these books he was not suggesting a serious possibility, just trying to imagine what might happen in a given situation.[2] Jules Verne, on the other hand, based his stories on scientific knowledge. He criticized Wells as basing his books on fantastic, not scientific, assumptions. Wells in some of his books, however, like The Island of Dr. Moreau, did deal with what he called â€Å"Fantasies of possibilities†.[2] Wells also considered himself a philosophical writer and urged that some of his books be taken seriously.

Billabong Case Study

Introduction Billabong International Limited (BBG) produces surf wear, sports apparel and accessories for the surf, skate and snowboard markets (Macquarie, 2012). The firm recorded an 18. 4% decrease in net profit to A$119. 1 million in 2011 (Billabong Shareholder Review 2010/2011). After intense acquisition efforts, which saw Billabong buying over 11 brands (Appendix A), the company was forced to undergo a major restructuring, closing 150 stores and cutting 400 jobs worldwide (AAP, Feb 2012).The report will be analyzing the Billabong brand, specifically its surf wear in Australia, to identify the underlying crucial issues that must be addressed. Current opportunities and threats that Billabong can leverage on will be prioritized, then weighed against the firm’s internal strengths and weaknesses in order to increase sales. Solutions in line with Billabong’s mission of striving to set new benchmarks through youthful lifestyle brands and experiences will be explored. Situ ation Analysis & Problem IdentificationTo identify the key issues and opportunities that Billabong is facing, an analysis was conducted on the following five areas. Appendix B shows the consolidated list of issues Billabong faces. 1. Customers (Appendix C) The Customer Experience Cycle was used to identify key opportunities such as improving the Purchase context through greater interactivity with customers. Another opportunity was to promote an eco-friendly way to dispose of used products while gaining rewards. 2. Competitors and Context (Appendix D, E & F)A PEST analysis of the Australian market reveals a demographic shift to the under -15s market (Euromonitor 2012), which was an opportunity for Billabong to target. Using Porter’s Five Forces (Appendix E), a Positioning Map and Competitor Threat Analysis (Appendix F) to analyse the boardsport industry confirmed that competition from a few big surf brands was high and that all had a strong brand following and highlighted the need to differentiate its products from them. 3. Company (Appendix G) The Balanced Scorecard was used to measure Billabong’s performance.They had high brand awareness of 86% in Australia but a lower conversion rate of 46% (Billabong 2012), which presents an opportunity to target those already aware of Billabong. 4. Collaborators (Appendix H) Billabong has yet to explore the opportunity to â€Å"unsource†, allowing for customer collaborations in designing boardshorts. Another area to explore could be coopetition with surf brands to tackle problems which affect the surf wear industr y. Through an opportunity and threat matrix, the consolidated lists of issues were prioritized. Opportunity Matrix Threat MatrixThose with the highest probability of success and attractiveness in the Opportunity Matrix and those with highest probability of occurrence and seriousness in the Threat Matrix were taken into consideration as key issues. Those chosen were the most pressing issues th at Billabong would be able to address with a good chance of success. Key Issues/Opportunities Key Objectives Undifferentiated surf wear products To produce a new product line that is among competitors not available by other surf wear brands by 2013. Low conversion rate despite high brand To increase conversion rate to 52% and awareness brand loyalty by 7% by 2014.Surf wear is declining in popularity as a To revive the popularity of surf wear as form of casual apparel due to increasing casual wear and increase sales by 10% availability of cheaper alternatives from the 34% of Active Lifestyle consumers. Australians are increasingly To create an environmentally friendly environmentally conscious product range by end of 2012. Shifting demographics to under 15s Create activities for consumers under 15s to garner 50% brand awareness by 2014. Solution Scenarios & Implications Solutions to the identified key issues/opportunities were gathered from the Active SWOT, ERRC Grid and CEC (Appendi x I, J, C).The What if analysis (Appendix K) was used to consolidate the solutions. Active SWOT Scenario 1 Building a new Billabong Customer Experience Key Issues Addressed With the main objective of increasing conversion rate by 6%, Billabong physical stores will be revamped to offer 1. Low conversion rate despite a new surf experience for customers. high brand awareness The Sense Value, from the CEC, is an important factor 2. Undifferentiated surf wear products among competitors 3. Shifting demographics to under 15s in the retail experience as stimulating the five senses causes it to be memorable and engaging.As identified in the ERRC grid, Billabong Surf Villages will be constructed at popular surf beaches to be closer to potential customers. A surf school will be created to give under 15 year old customers surfing lessons and to introduce them to Billabong’s products through a starter kit. Interactivity and a multisensory experience in physical stores will be implemented through surfboard simulators so that customers can try how their apparel feels like while surfing. Surf enthusiasts will be hired as sales associates to spread the passion of surfing to customers and to increase retail expertise – a weakness highlighted in he Active SWOT. Scenario 2 Differentiating Billabong’s surf wear products Key Issues Addressed Differentiate Billabong’s surf wear through value adding rather than reducing price. Reversible boardshorts (one 1. Undifferentiated surf wear products among competitors side featuring a formal design and the other a fun design) will be introduced as a main differentiating point from competitors in the market. Low conversion rate despite high brand awareness To capitalise on the individuality of surfers, their Self Esteem Value, customization of apparel will be 3. Surf wear is declining in popularity as a form of casual ntroduced through Billabong’s e-commerce site and boutique stores. apparel due to increasin g availability of cheaper To create exclusivity and reduce over-supply, Billabong alternatives can reduce the quantity per collection and increase the frequency of collections to keep up with trends. Collaborations with well known fashion designers, celebrities or pro surfers can be explored for limited edition ranges. Billabong can introduce a customer innovation platform, where customers give feedback or submit designs through their e-commerce site and physical stores. This ensures that styles remain relevant. A CRM system can e installed to track customers’ purchases and predict successful collections. Scenario 3 Incorporating Environmental Sustainability to achieve a competitive advantage Key Issues Addressed 1. Australians are increasingly environmentally conscious Billabong will either engage in a coopetition with a supplier or competitor to invest in green research and development for the surf wear industry. The brand can also rely on its strength of superior research and 2. Undifferentiated surf wear development skills highlighted in the Active SWOT. products among competitors An innovative way to engage customers and 3. Surf wear is declining in ifferentiate themselves from competitors in the popularity as a form of casual Disposal Context (from the CEC) is to launch an apparel due to increasing environmental disposal programme for Billabong availability of cheaper wetsuits and boardshorts. It would allow customers to alternatives recycle their used ones in exchange for a discount on their next purchase. Billabong could adopt a green approach from business practices to the design of the physical retail outlets. These solutions would motivate environmentally conscious consumers to purchase their products even if it is more expensive than casual wear alternatives.Scenario 4 Transformational Strategy Key Issues Addressed Billabong aims to focus on product and experience to 1. Undifferentiated surf wear products among competitors appeal to the acti on sports core and active lifestyle segment (Billabong, 2012). It will focus on simplifying its business by cutting down on style duplications and Low conversion rate despite leverage on the Billabong brand to translate the high brand awareness customer experience across channels including their ecommerce and physical store. Customer insights research will be undertaken. Customer driven innovation capability will also be mplemented. Its retail stores will be revamped to be more customer centric and retailing IT systems will be updated to gather more customer insights through its point of sales. The lack of retail expertise will also be addressed. Recommendation & Justification This matrix helps prioritize which of the 4 scenarios from Billabong is more urgent and which would have a greater impact upon the company. We can see that Scenario 2 is rated high in urgency and high in potential impact. Therefore it is recommended that Billabong conduct a detailed planning and implementation of this scenario immediately.This is urgent because Billabong’s product line is the core of it’s business; if it’s products are not attractive, creating other strategies should be secondary. Furthermore, a Risk and Return Analysis (Appendix L) on the recommended solution shows that the returns are much higher than the risks involved. Surf wear brands look similar due to limited styles. Customers have low switching costs and can easily purchase another surf brand or fast fashion brand. However, with differentiated products such as reversible boardshorts, Billabong offers greater value at its existing price.Furthermore, differentiated products would lead to an increased conversion rate among customers once they see the value in purchasing Billabong’s products over others. Costs incurred to manufacture such boardshorts are high; a budget of $1. 5 million was allocated. Several factors that Billabong has to consider are the specialised equipments, hygiene (i . e. shorts must be safe and clean to be worn on both sides in the same day) and materials used. In addition, Billabong will introduce customization services at it’s boutique stores and ecommerce platform to appeal to customers’ individuality.By being able to customize their surf wear, customers would find greater value in their purchase versus off -the-rack. To ensure Billabong apparels are trendsetters, quantity per collection will be limited to 500 pieces per design. With that, Billabong can introduce more collections per year aligning with current trends. By limiting quantity, it ensures Billabong inventory moves quickly before the season changes. This reduces the risk of selling excess inventory through heavy discounting (Walters 2012) and obsolete products.Billabong will introduce a new product line by 2013, the limited edition collection, which will be available for sale in Billabong’s boutiques only. These collections feature collaborations with fashion designers and pro surfers. Quantity will be limited to 300 pieces throughout Australia to ensure exclusivity. Such collaborations are likely to cost Billabong $3. 5 million. However, the returns are much higher as the limited quantity encourages customers to make purchases faster. To facilitate customer participation, Billabong can introduce a platform to collect customers feedback on what they would like to see in the upcoming collections.A Customer Relationship Management (CRM) system will be installed at sales points to track customers purchases and best selling apparel in order to launch similar successful collections in near future. Although the remaining three scenarios solve similar problems i. e. undifferentiated surf wear products amongst competitors, however, the returns as seen in KPI measurement below would enable Billabong to achieve its key objective of increase of 6% conversion rate and 7% increase of brand loyalty through the various initiatives. Objectives Measures Target Initiatives (actions Budget (in (KPI) (Current) ased on scenario planning) $) Financial 1. Monthly 1. Increase 1. Launch 1 new 1. $70,000 Perspective sales profit sales by collection each 15% by 2015 month, instead of the 1. Increase in current plan of revenue launching new collections once every 3 months. 2. Decrease 2. Operational 2. Reduce 2. Lock in several costs expenses costs by main suppliers to gain 2. $800,000 10% by 2015 EOS Customer 1. Brand loyalty 1. Repeated Perspective conversion rate purchases 1. Track 1. $500,000 purchases using CRM system 1. Increase in brand loyalty 2. Improve brand 2. Market brand 2. Increase 2. Exclusivity of perception arket Billabong’s products shares by (Limited edition line) shares 2. $1,000,000 15% by 2015 3. Improve 3. Customer 3. Increase product offerings Satisfaction rate satisfaction rate by 10% 3. Value-added 3. $2,500,000 product – reversible shorts by 2015 Capabilities 1. Number of 1. Increase 1. Customers persp ective customized by 15% by collaborators / Mass 1. $850,000 products 2015 customization 2. Delivery 2. Percent of 2. Reduce 2. Invest in quality quality product failures product management control / rejections failure by 1. Customization 2. $600,000 20% by 2015 Innovation 1. Number of 1. Implement 1.Introduce a Perspective feedback from 15% of platform to collect customers that customer customers’ feedback 1. Usage of Billabong feedback customer’s implemented feedback 1. $500,000 Conclusion To be able to differentiate its product offering would give Billabong a competitive edge over the few big players in the market who have all been competing on the same dimensions for the past decade. The focal point is to understand consumers through the CRM system and the information is crucial in order to design products and activities that appeal to them; increasing conversion rate and building loyalty to Billabong.By keeping its mission statement in mind of continuously setting a new standard in board sports through youthful lifestyle brands and experiences, the brand will be able to increase sales by selling the right product and offering the best experience. (2096 words) Appendix Appendix A: Sub Brands under Billabong International Sub Brand Description Element A line of shoes for technical skate footwear and for girls. Von Zipper Eyewear, accessories and premium apparel targeting the boardsports and general action sports sectors. Kustom Surf inspired footwear brand.Palmers Surf Surf hardware brand specialized in the manufacturing of surfboard wax and surfing accessories, including deck grip and legropes. It also offers an apparel range of t-shirts, boardshorts and walkshorts, as well as workwear. Honolua Surf Inspired by the iconic Hawaiian waterman and has a strong presence Company in Hawaii. Nixon Offers watches and accessories. Xcel Offers specialty wetsuits and a sun protective product line. Tigerlily Markets swimwear and apparel products in Austra lia. Sector 9 Skateboard brand specializing in skate longboards. DaKine Engages in the design and development of technical bags and ccessories for the surf, skate, snowboard, ski, mountain bike, windsurf and kite disciplines. RVCA Lifestyle brand offering apparel in the action sports category. Appendix B: Consolidated table of issues/opportunities identified Opportunity Customer Increase consumers’ sensory experience by creating a Billabong Surf Village. Increase relational and selfexpansion value by hiring surf enthusiasts to impart knowledge to customers and increase sense of belonging. Encourage a personalised experience by introducing a CRM system which caters to individual customer preferences. Introduce a simulated surf machine into selected retail utlets to increase element of fun and adventure; entertainment value. Raise status value of Billabong products by increasing exclusivity; create limited edition items. Threat Emphasize customers’ individual identities through customization of boardshorts. Create an incentive for customers to dispose of their Billabong products in an environmentally friendly manner. Launch a tradein program where customers may exchange their old boardshorts for a discount on a new pair. Context Value add Billabong’s products Lower buyer confidence and their surfer experience on affects discretionary spending other avenues beyond price reating price conscious differentiation. consumer New market of customers under- Demographic shift decreases 15s the usual 15-39 years old sports consumption age group. Increasing convergence of surf Increasing convergence of wear and casual clothing leads surf wear and casual clothing to opportunities for greater leads to threat of substitute differentiation among surf brands Body size shift and high Surfwear is decreasing in concerns of Body Image leads to popularity and fashionability a trend towards end-user (due to moving trend) customization and innovative shapewear. Gro wing environmental Government support, GST tax onsciousness among reprieve, stronger Australian Australians and the growth of eco dollar and better network and ethical clothing brands infrastructure give rise to more e-tailer competitors who offer lower prices and the ability to do price comparison. Innovations in green surf wear technology and creation of sustainable materials Growth of m-commerce and proliferation of smartphones leads to new retail formats A real driver for growth in the Australian luxury goods market from ordinary middle-class Australians shows an opportunity for collaboration with luxury fashion brands. Competitors Little differentiations between roducts leads to low switching cost and lower brand loyalty Little differentiations between surfer experience provided by Billabong, Quiksilver and Hurley Surfwear and other offshore e-tailers poses a strong threat as online buying becomes more popular with Australian customers. â€Å"Windows shoppers† who are on line shoppers who try products in physical shop with the intention to buy from an offshore e-tailer. To introduce customer customisation and more innovative surf wear technology into product range Collaborator Customer collaboration through â€Å"Unsourcing† allowing peer-to-peer support among user or through esign collaboration (The Economist 2012) Supplier Collaboration through collaboration with green supplier for new sustainable materials and green technology like ecosupreme suede to be incorporated into Billabong products Competitor Collaboration to tackle problems which affects the surf wear industry in general – to increase overall interest in the surfing culture or environmental isssues Company High brand awareness, low conversion rate. Convert remaining 54% of those already aware of Billabong into customers. Cut down on number of designs, Designs not catering to focus on those popular with consumers needs customers.Re-evaluate which designs are favoured by mar ket. Cut down number of suppliers in order to achieve economies of scale. Appendix C: Customer Experience Cycle The Customer Experience Cycle (CEC) explains Billabong’s current value proposition and the proposed improvements. Fig 1: Customer Experience Cycle Billabong’s existing value proposition (red dots): Search Context ? Functional Value: W hen searching for information about Billabong, customers would desire a website that provides all that they need in one place, so as to achieve their objective easily. Billabong provides a comprehensive website that fulfills this. Sense Value: Customers would like an interactive experience when searching for information as it would make things more interesting and break the monotony. ? Linking Value: Customers would appreciate having a place that connects them to other people who may provide information to them. Billabong currently has platforms such as Facebook which facilitate this. ? Entertainment Value: Since Billabong is se lls apparel, customers who search are likely to be searching leisurely, and not for urgent purposes. As such, they would enjoy having a fun website which provides information while also being engaging.Billabong uploads videos of their team of surfers, which engages the customers. ? Convenience Value: Information about Billabong is easily obtained online through its website or at any retail outlet in Australia. Purchase Context ? Functional Value: Billabong’s retail outlets and it’s e-commerce platform provide customers with the features needed to purchase their products, which achieves the desired outcome of buying new products from Billabong. ? Confidence Value: W hen purchasing Billabong products online, customers desire for it to be safe and reliable, without the risk of having their credit card details stolen.Billabong certifies its e-commerce platforms to be safe, using online security programs Mcafee Secure and Norton Secured to protect consumers. ? Convenience V alue: It is important for customers to be able to purchase Billabong’s products quickly and easily. For it to be convenient, a store selling their products should be easily accessible. Billabong owns 287 stores in Australasia (Billabong 2012), even if 50% were in Australia alone, that would be 143 stores, not including its wholesale outlet. This indicates that it should be easy for a consumer to find a store selling Billabong products near to where they are.Purchasing online makes it even more convenient to purchase Billabong products. Use Context ? Functional Value: Billabong’s products must be able to fulfill the basic purpose that the consumer bought it for. An example would be that boardshorts should be lasting and comfortable to wear, as expected of surf wear. Billabong has been known for its high quality products (Billabong 2012), which indicates that customers are satisfied with the function of their products. ? Linking Value: Billabong customers want to be asso ciated and be part of the Billabong’s community which brings surfers together.Billabong does this well through various surf events such as Billabong Pipe Masters and Australian Open of Surfing (Billabong 2012). Their Facebook page is also a platform for customers to network with each other. ? Confidence Value: Billabong customers desire to have apparel that can withstand the rough water and weather conditions; reliable surf wear that can be worn repeatedly. As mentioned, Billabong has been known for its high quality products which satisfy customers. Billabong’s proposed value proposition (blue dots) Search Context ?Relational Value: In order to increase a sense of belongingness when customers begin to search for Billabong products, they could start a customer collaboration. Unsourcing: An online forum controlled by Billabong, with contributions by customers. They could share about their experience with Billabong products and recommend what to buy (The Economist 2012). Billabong could also hold contests where customers design boardshorts, with the winning design being produced and sold in retail outlets. Customers would feel a part of the Billabong family as they contribute towards the brand. It also helps Billabong to understand what customers want.Purchase Context ? Sense Value: W hen a retail environment stimulates the five senses, it would become a memorable experience for customers. Billabong could open a Surf Village by the beach, where there are a combination of retail outlets, eateries and surf classes are held. Having retail outlets by the sea would also enhance the sight, sound and smell of the Billabong surf experience. ? Relational Value: Store assistants should be friendly and able to hold a conversation with customers. Towards high-value customers, they should be able to greet the person by name. This would cause customers to feel a sense of belonging. Self-Esteem Value: Billabong could adopt a Customer Relationship Management (CRM) system, whereby it tracks purchase history of individual customers. When customers login to the e-commerce platform, the system could provide personalised suggestions for each customer based on their purchase history. It would make the customer feel valued and become a personalised experience. ? Entertainment Value: Customers would enjoy a fun experience while shopping at the retail outlet. A simulated surf machine could be placed in selected outlets to entice customers to surf, leading to higher conversion rates.It would be fun and also a way to attract more people to learn surfing. ? Self-Expansion Value: In order to facilitate customer’s learning experience, Billabong could hire surfer enthusiasts to work as store assistants. Their job would be to engage customers in conversation about surfing skills and knowledge, also to pass on the passion of surfing to customers. Another idea would be to include a surfing school in Billabong’s Surf Village, where newcomers are w elcome to take lessons. Every purchase of a pair of Billabong boardshorts could entitle a customer to a discounted price for a surf esson. Hence, customers would be encouraged to participate in the surfing experience. Use Context ? Status Value: As Billabong’s target market consists of aspirational surfers as well as actual surfers, they would value clothes that speak of their â€Å"surfer status†. Billabong could aim to raise its status value through sponsorships of surf-related movies. Strong Billabong brand placement could be used in the cast’s wardrobe, accessories and filmed in it’s retail outlets. Billabong could also produce limited edition apparel, which only sells for a short season.This would increase it’s exclusivity as a brand and as a result, increase its status. ? Self-Esteem Value: Customers value experiences that emphasize their individual identity. In response to this value, Billabong could create a platform for customization of bo ardshorts and other surf apparel. It could be designed on Billabong’s website then submitted online, or at the actual retail outlet itself, where computer terminals are available for customers to design the clothes. Wearing clothes that are customized yet branded would increase the customer’s sense of identity as an individual. Disposal Context Price Value: If customers were able to obtain a cash discount when disposing of their old surf apparel, they would make the effort to do so. Billabong could launch a program where customers trade-in their old surf apparel for a discount on their next purchase. ? Self-Esteem Value: Australians pride themselves in being environmentallyfriendly, therefore, being able to recycle their surf wear would appeal to them as it emphasizes their identity. ? Convenience Value: The recycling surf wear program must be convenient for customers as well, so that it can be done quickly without much effort.Recycling bins could be made available in the shops and customers would allowed to trade in shorts at any of Australia’s many Billabong outlets. ? Self-Expansion Value: The recycling project would boost customer’s learning experience and be a new initiative for many. They would learn how to properly dispose of their surf wear through a novel programme. APPENDIX D: PEST Analysis General Industry Analysis – Billabong Forces (Australia) Implications Political / Legal ? Push for online retail ? presence Domestic brick-and-mortar retailers must adapt to multi- Australian Retailers channel retailing to stayAssociation (ARA) is pushing competitive. local retailers to adopt an online store or upgrade their ? Rise of local and foreign current online or mobile internet retailers with wide presence to facilitate range of surf brands as product, location and strong competitors. opening hour searches (Euromonitor 2012) ? Carbon Taxes ? Australia is set to introduce a Australia has obligations tax on carbon emission in under the Climate Change July 2012 which taxes Convention and the Kyoto companies as well as rail Protocol to reduce its transport and domestic carbon footprint aviation for each tonne of Euromonitor 2012) to CO2 emitted. encourage Australia to move towards a clean energy ? future. Apparel industries in Australia are unlikely to be liable however they will feel an indirect impact through various increasing costs, namely through freight and electricity costs. ? There is growing consumer scrutiny of the processes used to manufacture and source products. ? Green Sustainability ? industry is to align green The Green Party in Australia credentials with value-for- is today a significant political money fashion. force (Euromonitor 2012). ? Tariff Barriers Australian governments ontinued protection of the domestic clothing and The challenge for apparel ? Trade tariff barriers on foreign export increase the price of goods produced by Billabong’s foreign manufacturing industry throu gh the maintenance of (Hawaiian Island Surf & tariff barriers (TPJ Sport) and Californian International 1999) ? competitors – Hawaiian (Pacific SunWear). No GST Taxes on imported ? Online channels will become goods a more popular shopping Online shoppers have won a choice due to savings from reprieve from goods and taxes and stronger Australian services tax (GST) on dollar. More local retailers mported goods worth less have to catch up with an than A$1,000 (US$1,030). online presence. Economic ? Weaken Consumer’s ? Creating a price-conscious consumption – price being a Confidence Severe floods, the global more important determinant economic downturn and with consumers spending less increased unemployment on clothing by looking for rate – from 0. 1% to 5. 2% cheaper options. (Australian Bureau of Statistics 2012) have ? Rise of value clothing made weaken consumer’s available via cheap imports confidence affecting from China or online channels. discr etionary spending. ? Many Australian retailers use xtensive and prolonged sales ? Spend per capita and activity to coax customers back volume per capita declined which might not be sustainable between 2005 and 2010 in the long run. (Euromonitor 2012). ? Appreciation of the ? Australian dollar Offshore retailers are of interest to local consumers due With an increase of about to appreciation of the 31% against the US dollar Australian dollar and the (April, 2012). 1. 00AUD = relatively lower prices available 1. 05526USD (XE, 17 Sep on surf apparels abroad. 2012) Social ? Thrifty Characteristics of ? Rise in price-conscious consumption – consumers want the Australians he best possible value for their Despite the strong economy, a purchases. consumer sentiment survey conducted by the Boston Consulting Group (BCG) ? This includes measures such as revealed that Australian waiting for the next inevitable shoppers were among the most worried and financially wave of industry-wide pri ce insecure in the Developed slashing, purchasing fewer items World, with many planning or seeking value offerings additional reductions in their through mass merchandisers, discretionary spending shifting down to a lower price (Euromonitor 2012). band. ? ? Consumers seek clothing suited Body Image o all body shapes and sizes. According to a survey Garments that flatter and conducted by Mission compliment a range of body Australia on 30,000 under-25 types are a crucial aspect of the participants – Body Image is trend towards end-user apparently the number one customization. concern for young Australians, ahead of the environment and family issues. ? Shift in average body size ? Sportswear have great potential Men in Australia are also for design features that cater to undergoing a body size shift. larger body sizes, with The average male weight innovations in shapewear and rose from 77. 4kg in 1989-1990 ther performance-enhancing to 83. 6kg in 2004-2005 support garments. (Eur omonitor 2012). Weight gain is not just due to ? Compression sporting garments fat, with muscle bulk deemed are likely to drive growth in desirable by many â€Å"Aussie sportswear as consumers blokes. † become better informed about their benefits for optimum muscle performance and recovery. ? Demographic shift ? Critically, there will be a squeeze As seen in fastest-growing age on the traditionally core 15-39 band over the coming decade year old sports consumption age will be the over-65s, followed band. by the under-15s (Euromonitor 012). ? Sporting Culture ? Apparel items can provide a key Sporting activities play a incentive to participating in central role in Australian physical activity and sports. This cultural life signifies a growing need for well- Australians are currently designed and correctly-fitting encouraged to adapt simple, clothing which enhance everyday changes for better performance as well as injury health as part of the â€Å"Measure prevention. Up† nationwide public awareness campaign (Euromonitor 2012) ? Extreme sports/expeditions ? Specialist apparel is facing challenge to merge consumer is currently ranked as no. 10 nterest in sport with growing in a Euromonitor demand for value fashion as International from FDS seen in the example of Stella International's â€Å"Supporting McCartney has a line of Sport† survey as one of the sportswear with Adidas. top 10 self reported sports interest (Euromonitor 2012). ? Beach Culture ? Australian male has always prided himself on being laid back With the vast majority of and casual, this impulse has Australians living within a short been replaced among many by distance from the beach, the an urge to succeed and reflected influence of the beach culture by the greater demand for suits, s significant, particularly in dress shirts and ties. However Sydney and up the east coast there must be strong emphasis of Queensland. This was on how price conscious their reflected by Australian fashion tastes tended to consumers spending of A$29 become. per capita spending on swimwear (Euromonitor 2012). ? Dressing Down ? Euromonitor (May 2012) also Inexpensive, everyday fashion has steadily become the primary revealed trends of Australians type of fashion purchased by dressing down in times of Australian shoppers. economic uncertainty. Australians are dressing down and filling their wardrobes with nexpensive, clothing, according to the AMP Capital Shopping Centres Shopping Intent Report (2012). ? Attitude to Luxury Products / Services ? There is a real driver for growth in the Australian luxury goods market coming from ordinary Research by American Express Business Insights published on fashion website middle-class Australians who are looking to splash out on something special. This shows fashioinmag. com appears to an opportunity for collaboration confirm the appeal of luxury with luxury fashion brands. products and services to a new group of luxury consumers, referred t o as the newcomers, who are not articularly rich but who are spending a lot in high-end fashion and restaurants (Euromonitor 2012). By 2010, newcomers‘ share of luxury spending represented 14% of the total luxury spending in Australia. ? Domestic Holidays ? Though there is a rising outbound tourism due to the Australia contains a wide appreciation of the Australian variety of holiday options dollar and cheap fares from low within its own borders making cost carriers, domestic holidays Domestic holidays typically are still more common involve visits to the rural and outnumbers the number of coastal areas that are in close oreign holidays taken by nearly proximity to Australia‘s major cities. ? nine to one (Euromonitor 2012). Given various choices for ? This reveals an opportunity to types of holidays, market boardsports as a tourism respondents ranked nature activity within Australia holidays, (beaches, especially in coastal areas like waterways, wilderness and Secret Har bour (Perth), Noosa wildlife) first in terms of (Sunsine Coast), Bondi Beach interest, followed by holidays (Sydney), Boomerang Beach involving relaxation, health (Pacific Palms) and many more and indulgence; (travelintelligence. com) entertainment, nightlife and hopping; arts, culture, history and heritage; and food and wine. ? Key principal motivations behind tourism includes ‘to get away from everyday life, and to do/experience something new’. Other motives also include ‘to master a skill’ and ‘to engage in challenging physical activities’ (Cooperative Research Centre for Sustainable Tourism) ? Eco – Consciousness ? among Australian Eco-friendly brands are tipped to show upbeat growth consumers over the next five years, albeit from a low base. Deadly bushfires in Southeastern Australia and prolonged periods of drought across the region have brought issues of climate