Free Essays on Seperation Of Church And State

Government funded schools exist to instruct, not to advance religion. Youngsters are an engaged crowd. Making supplication an official piece of the school day isn't right and obtrusive. What five-year-old could see petitions presented as a feature of class normal as intentional? Religion is private, and schools are open, so it is proper that the two ought not blend. To present religion in our government funded schools assembles dividers between youngsters who might not have known about strict contrasts previously. Our government funded schools are for all youngsters, regardless of whether Catholic, Baptist, Quaker, Atheist, Buddhist, Jewish, or Agnostic. The schools are upheld by all citizens, and consequently ought to be liberated from strict observances and persecution. It is the consecrated obligation of guardians and houses of worship to impart strict convictions, liberated from government correspondence. Regulating supplications in government funded schools assumes control over the privileges of guardians. Individuals for school supplication botch government separation toward religion as absence of compassion. The record shows that strict convictions have prospered in this nation, not regardless of, but since of the protected detachment of chapel and state (Dye). At the point when religion attacks our state funded educational system, it can single out the solitary Jewish understudy, the class Unitarian, or the detached Agnostic, the kids in the minority. Families who dissent state/church infringement in our government funded schools perpetually experience mistreatment. It was normal before the court ruling against school petition to put non-strict or non-customary kids in spots of detainment during book of scriptures perusing or supplication recitation (Dye). The offspring of Supreme Court offended parties against religion in schools, for example, Vashti McCollum, Ed Schempp and Ishmael Jaffree, were thumped en route to and from school, their families exposed to network provocation and demise dangers for standing up with regards to a protected rule (Dye). We know from history how unsafe and dangerous religio... Free Essays on Seperation Of Church And State Free Essays on Seperation Of Church And State Government funded schools exist to teach, not to advance religion. Kids are an engaged crowd. Making petition an official piece of the school day isn't right and obtrusive. What five-year-old could see petitions recounted as a component of class standard as willful? Religion is private, and schools are open, so it is fitting that the two ought not blend. To present religion in our government funded schools assembles dividers between youngsters who might not have known about strict contrasts previously. Our government funded schools are for all kids, regardless of whether Catholic, Baptist, Quaker, Atheist, Buddhist, Jewish, or Agnostic. The schools are bolstered by all citizens, and consequently ought to be liberated from strict observances and mistreatment. It is the consecrated obligation of guardians and places of worship to impart strict convictions, liberated from government transcription. Systematizing petitions in government funded schools assumes control over the privileges of guardians. Individuals for school supplication botch government separation toward religion as absence of compassion. The record shows that strict convictions have thrived in this nation, not notwithstanding, but since of the sacred detachment of chapel and state (Dye). At the point when religion attacks our government funded educational system, it can single out the solitary Jewish understudy, the class Unitarian, or the detached Agnostic, the youngsters in the minority. Families who dissent state/church infringement in our government funded schools perpetually experience oppression. It was standard before the court ruling against school supplication to put non-strict or non-conventional youngsters in spots of confinement during book of scriptures perusing or petition recitation (Dye). The offspring of Supreme Court offended parties against religion in schools, for example, Vashti McCollum, Ed Schempp and Ishmael Jaffree, were thrashed headed to and from school, their families exposed to network provocation and demise dangers for standing up with regards to an established standard (Dye). We know from history how hurtful and damaging religio...

Saving Someone’s Life As A Heroic Act

Sparing someone’s life is constantly viewed as a brave. It is satisfactory for society to scorn us would it be advisable for us to decide not to react? Should society toss disgrace and blame on us? On the off chance that during the time spent sparing someone’s life we free our own, we did a gallant demonstration, however is that astute? Sparing another person life is a brave demonstration and merit a great deal of recognition and regard. On the off chance that one individual attempts to spare the life of someone else on the expense of his own life then this is an extremely respectable act. In spite of the fact that in our general public there are individuals of each idea and not every person will welcome this demonstration, in any case, we ought not perceive what individuals state about it. At the point when one individual is in extremely troublesome circumstance that it can cost his life, at that point we should invest our all amounts of energy to spare the life of an individual. It is our ethical duty just as fellowship. We should comprehend the circumstance while imagining that assume in the event that we would be in such an intense and troublesome circumstance we might want somebody to come and spare us then it is of most extreme significance that we should give our full help to such an individual. The inquiry that ‘whether we’ll free our life in sparing different person’s life? ’ stays questionable. As it isn't important that we will free our own obviously there are chances that we can free our own life trying to spare other’s life. Nonetheless, this is the primary concern of respectability to incline toward others over our own self. This is the explanation that it is supposed to be the chivalrous demonstration. In sparing different person’s life society may deride us since we faced challenge of our own life to spare different person’s life. Be that as it may, we ought to consistently overlook what individuals state about this. We should not react to the bothering comments. Rather, society ought to consistently empower these honorable demonstrations and must not fault or toss disgrace on others. The genuine quintessence of our life is to assist others in every single imaginable situation. We should like and offer an incentive to others over our own-self. Consequently, this isn't the demonstration of disgrace, however it is a stately demonstration and has an honorable motivation. It isn't sensible that society must criticism us. Truth be told, disparaging such an honorable demonstration is itself a demonstration of disrespect. We should have enough boldness to think about each person as a significant being. Such act additionally includes prompt reasoning and taking choice to spare other individual from threat. On the off chance that all general public will go to be increasingly self-fish and avoid sparing others in time of peril then this is a disrespect. For instance, on the off chance that we see an auto collision and in the event that we see driver can be pulled out of the vehicle before it goes on flares then we should quickly do it. In spite of the fact that it bears the hazard that vehicle will brush off and anybody standing close by will brush off as well, yet holding back to get driver out will be a childish demonstration. The choice that whether we should hazard our lives or whether we should let other individual bite the dust is a significant one. All things considered, the knowledge lies behind the way that we should invest our all amounts of energy to spare other individual as we would look for when our own life will be in harm's way. In spite of the fact that it will include facing challenge of our own lives yet at the same time we ought to give a valiant effort to spare others. This is the demonstration of extraordinary liberality and honorability. A perishing individual consistently looks for help from others and needs others to spare his life. This is our ethical obligation to spare other individual. The shrewdness behind this demonstration is that we should offer inclination to others over our own self and furthermore we should help other people such that we look for from others.

The Third Stage of Rehab Is Maintaining Abstinence

The Third Stage of Rehab Is Maintaining Abstinence Addiction Coping and Recovery Overcoming Addiction Print Maintaining Abstinence and Preventing Relapse The Third Stage of Rehab is Maintaining Abstinence By Buddy T facebook twitter Buddy T is an anonymous writer and founding member of the Online Al-Anon Outreach Committee with decades of experience writing about alcoholism. Learn about our editorial policy Buddy T Updated on June 24, 2019 Developing a Drug-Free Lifestyle. © Getty Images More in Addiction Coping and Recovery Overcoming Addiction Methods and Support Personal Stories Alcohol Use Addictive Behaviors Drug Use Nicotine Use If you sought professional treatment for your drug or alcohol problem and managed to achieve abstinence for about three months, you have probably entered the third stage of rehab or recovery, known as maintaining abstinence. If you have been clean and sober for 90 days, you now need to put the tools that you learned in early abstinence to work toward maintaining your sobriety and avoiding relapse. Maintaining abstinence is the third of four stages of recovery or rehab defined by the National Institute on Drug Abuse: Treatment initiationEarly abstinenceMaintenance of abstinenceAdvanced recovery Continuing the Lifestyle After 90 days, you are probably no longer in the residential rehab facility, if you received inpatient treatment, and you have entered the follow-up or continuing phase of your rehab. Although you still have regular contact with your counselor and attend support group meetings, maintaining your recovery is basically up to you. In order to maintain abstinence, it is important that you: Avoid environmental triggers.Recognize your own psychosocial and emotional triggers.Develop healthy behaviors to handle lifes stresses. Vigilance Against Relapse People get in trouble when they let their guard down after their early-abstinence success. It is important that you not take your sobriety for granted and that you  recognize the power of your addiction. Maintaining a recovery-oriented attitude is critical. It is also important that you continue your counseling sessions, your participation in support groups, and that you remain honest with yourself and others about your feelings and thoughts. Changes in attitudes, feelings, and behaviors can quickly lead you to a relapse. Recognizing the Relapse Process A relapse does not begin when you pick up a drink or a drug. Its a gradual process marked by negative changes in your attitude, feelings, and behaviors. Your follow-up counselor will work with you to help you recognize these warning signs and develop a plan to change directions when you start heading down the path toward relapse. Research has shown that an alcohol or drug relapse is preceded by a recognizable set of warning signs or steps that you can learn to recognize and therefore avoid. Your counselor will help you recognize in your own life the distinct steps or phases that occur prior to a full-blown relapse.? Developing a Healthy Plan If you remain in professional follow-up rehab counseling, your counselor will try to help you identify situations in your life where you may be starting to deviate from your healthy recovery plan. But more importantly, they will help you set up concrete, behavioral changes that will pull you out of the relapse process. Some of the areas your continuing care counseling will address include the following. Each of these articles outlines why these steps are important to your recovery and how you can achieve these goals: Healthy RelationshipsDeveloping a Drug-Free LifestyleManaging AngerExercise and NutritionEmployment and Money ManagementSubstituting Addictions If you find yourself in the downward relapse spiral, do something different! Go to more support group meetings, spend time with others who support your recovery, maintain a healthy structure in your life, make sure you are in a drug-free environment, and avoid external triggers. Take positive action to resolve any relationship, personal or work-related problems that are causing you stress.

Wuthering Heights by Silvia Plath. Deconstruction of the...

 «Wuthering Heights » is a poem written by an American poet Sylvia Plath and is based on a novel of the same name by Emily Bronte. In order to convey her internal feelings of despair and disappointment, Sylvia uses a certain tone, structure, and a number of stylistic devises. Below is a descriptive analysis of how she manages to do so, and an interpretation of a poem’s meaning stanza by stanza. From the beginning of the first line, Sylvia Plath sets a depressive and negative tone to her poem. â€Å"The horizons ring me like faggots†- is the first line of the poem, and yet it already suggests how desolate the place from where she looks at them is. With the use of personification â€Å"ring me† she creates an aural image of ringing, which enhances†¦show more content†¦With the following second stanza the tone of the poem becomes more depressing. By saying that â€Å"there is no life higher than the grasstops or the hearts of sheep†, she creates boundaries to the vastness of life, limiting and comparing its essence to that of a plant’s and an animal’s, leaving the humans out of the poem. The depressive mood degrades the tone and atmosphere to an extent of filling it with death and fatality. If Sylvia pays â€Å"the roots of the heather too close attention†, they will â€Å"whiten her bones among them†. The combination of the words â€Å"bones† and â€Å"white† in one sentence might suggest that the roots will bring her death; since the skin of a corpse turns white due to the lack of blood, and bones are the leftovers of a dead hence both are associated with mortality. As opposed to the first stanza, the second stanza takes her to a completely different place. Grasstops, sheep, the roots of heather- all surround her, whereas in the first stanza she is completely alone in a huge desolate space. The change in her surroundings suggests her movement across the moorland, but at the same time it points out the maintenance of her demoralized emotional state and the lack of a positive change about it. The tone of despair and loneliness is carried on to the proceeding stanzas, and is more evident in the last two. By saying that â€Å"Water limpid as the solitudes that fleeShow MoreRelatedWuthering Heights by Silvia Plath. Deconstruction of the Poem.1577 Words   |  7 Pages «Wuthering Heights » is a poem written by an American poet Sylvia Plath and is based on a novel of the same name by Emily Bronte. In order to convey her internal feelings of despair and disappointment, Sylvia uses a certain tone, structure, and a number of stylistic devises. Below is a descriptive analysis of how she manages to do so, and an interpretation of a poem’s meaning stanza by stanza. From the beginning of the first line, Sylvia Plath sets a depressive and negative tone to her poem. â€Å"The Wuthering Heights by Silvia Plath. Deconstruction of the...  «Wuthering Heights » is a poem written by an American poet Sylvia Plath and is based on a novel of the same name by Emily Bronte. In order to convey her internal feelings of despair and disappointment, Sylvia uses a certain tone, structure, and a number of stylistic devises. Below is a descriptive analysis of how she manages to do so, and an interpretation of a poem’s meaning stanza by stanza. From the beginning of the first line, Sylvia Plath sets a depressive and negative tone to her poem. â€Å"The horizons ring me like faggots†- is the first line of the poem, and yet it already suggests how desolate the place from where she looks at them is. With the use of personification â€Å"ring me† she creates an aural image of ringing, which enhances†¦show more content†¦In the fifth, the final stanza of the poem the tone remains depressing and yet the ending suggests the possible appearance of hope. The paragraph begins with the reinforced idea of Sylvi a being the only â€Å"upright† living thing- â€Å"The sky leans on me, me, the one upright among all horizontals†. Besides personifying the sky, she is also using the repetition â€Å"me, me† to stress the importance of being upright, and at the same time the solitude it brings her when everything else is horizontal. She then personifies the grass as it is â€Å"beating its head distractedly†, but it is also a contradiction since grass ought to be strong in order to survive in such cruel conditions. The fact that a grass beats its head may also reflect Sylvia’s unstable state of mind, which adds the feelings of compassion and grief to the atmosphere of the tone. Unlike other personifications that Sylvia Plath uses in this poem, the personification of a grass suggests her sympathy and familiarity towards it. She calls it â€Å"too delicate for a life in such company†, assuming that â€Å"darkness terrifies it†. This involvement with the description of what grass has to go through may imply that Sylvia describes her own life whilst comparing its hardship to that of a grass. The last two sentences are significant in a sense that Sylvia gives the reader a chance toShow MoreRelatedWuthering Heights by Silvia Plath. Deconstruction of the Poem.1561 Words   |  7 Pages «Wuthering Heights » is a poem written by an American poet Sylvia Plath and is based on a novel of the same name by Emily Bronte. In order to convey her internal feelings of despair and disappointment, Sylvia uses a certain tone, structure, and a number of stylistic devises. Below is a descriptive analysis of how she manages to do so, and an interpretation of a poem’s meaning stanza by stanza. From the beginning of the first line, Sylvia Plath sets a depressive and negative tone to her poem.

Essay on The Haunting of Humanity Herman Melville

Herman Melville (1819-1891) is an American writer who is widely acclaimed, among his most admired works are â€Å"Bartleby, the Scrivener† and â€Å"Benito Cereno† which both first appeared as magazine pieces and only published in 1856 as part of a collection. â€Å"Bartleby† was a story reflecting on the business world of the mid-19th century se t in New York none of its most famous and sometimes dangerous street: Wall Street. Bartleby a strange but intriguing man becomes employed in a legal office and in his life and death provides a sort of enigma for his employer, the reader, and the story itself. Bartleby , the Scrivener is a story that examines the ideas of a modern working man who is trapped in a mundane cycle that society has put him onto,†¦show more content†¦The story itself recognizes not only Bartleby’s quite rebellion but the parallel it symbolizes with Melville’s views on conformity to society and its norms. â€Å"While of other law-copyists [Bartleby] I might write the complete life, of Bartleby nothing of that sort can be done [acknowledgement by the narrator that neither he nor anyone really knows the truth of Bartlebly]. I believe that no materials exist for a full and satisfactory biography of man. It is an irreparable loss to literature. Bartleby was one of those being of who nothing is ascertainable, except from the original sources, and in his case those are very small. What my own astonished eyes saw of Bartleby that is all I know of him.† (Melville, Bartleby the Scrivener: A story of Wall-Steet) When the narrator himself first introduces us to Bartleby the understanding that the narrator does not know everything thus we do not know everything is presented in tenfold because it is a reflection upon a character not a direct characterization. The narrator reflects on interaction with Bartleby and the impression and assertions it has left on him. Bartleby from the beginning is a presented almost as he is still alive but we no better of it. Bartleby is already a haunting in the text as the initial story is told while looking back rather than from minute to minute happening. In this extent it’s interesting to observe thatShow MoreRelatedBartleby The Scrivener Analysis1203 Words   |  5 Pages Herman Melville is an acclaimed author of the American Renaissance period and his most commendable works include â€Å"Bartleby, the Scrivener†. The story of â€Å"Bartleby† is not only a revelation of the business world of the mid-19th century but at the same time, it is also the manifestation of the emerging capitalistic lifestyle of perhaps New York’s most prominent street, Wall Street. Bartleby is a rather peculiar yet captivating figure. Bartleby’s life and death contribute to a sort of enigma for theRead MoreHerman Melville s Bartleby The Scrivener1455 Words   |  6 Pagesto make the commands and orders pertaining to the employee, however in Herman Melville’s Bartleby the Scrivener, this situation is not the case, and in fact opposite. Blatantly about the passive resistance the main character, or employee, Bartleby achieves with the famous, â€Å"I prefer not to,† quote, this basic idea of passive resistance only skims the surface of the underlying themes and lessons presented in the book. Melville adds certain aspects into the story that raise questions about Bartleby’sRead MoreAnalysis of Herman Melville ´s Bartleby, the Scrivencer Essay2703 Words   |  11 Pages Herman Melville (1819-1891) is an American writer who is widely acclaimed, among his most admired works are â€Å"Bartleby, the Scrivener† and â€Å"Benito Cereno† which both first appeared as magazine pieces and only published in 1856 as part of a collection. â€Å"Bartleby† was a story reflecting on the business world of the mid-19th century se t in New York none of its most famous and sometimes dangerous street: Wall Street. Bartleby a strange but intriguing man becomes employed in a legal office and

Creation of the World Free Essays

The creation of the world has many different theories but according to Christian beliefs ‘’In the beginning God created the heavens and the earth. † (Genesis 1) The Bible states that God created the world is a 7 day time frame in which he started when God created first created light and separated the light from the darkness, calling light â€Å"day† and darkness â€Å"night†. On his second day of work God created an huge area to separate the waters and called it â€Å"sky. We will write a custom essay sample on Creation of the World or any similar topic only for you Order Now On his third God created the dry ground and gathered the waters, calling the dry ground â€Å"land,† and the gathered waters â€Å"seas. † , God also created plants and trees. Then on the fourth day God created the sun, moon, and the stars to give light to the earth to separate the day and the night. On the fifth day God created every living creature of the seas and every winged bird. On the sixth day God created the animals to fill the earth. On day six, God also created man and women bringing humans to the world for the first time. Adam and Eve were the first humans that God created, man out of dust and woman out of man. God gave them one rule and that was not to eat of the fruit on one particular tree in the Garden of Eden. Eve was talked into eating the fruit by the serpent, and then she convinced Adam to eat of it as well. When they had disobeyed God, they felt ashamed and naked; so they hid from him. After talking with them, he punished them by banishing them from the Garden. This was the day sin entered the world and man’s nature is now sadly a sinful nature. This is why God sent his son to die on the cross for our sins so that we have the chance to live with him one day for eternity. This is how humans first had to encounter a real live situation and choose between good and evil. Finally on day 7 God had finished his work of creation and so he rested on the seventh day, blessing it and making it holy, and that is why Christians celebrate church and mass on Sundays that being the seventh and final day of the week. How to cite Creation of the World, Papers

Business Law In Minority Oppression Samples †MyAssignmenthelp.com

Question: Discuss about the Business Law In Minority Oppression. Answer: Issue: After going to the facts of this case, the question arises if the majority members of FWPL are involved in minority oppression. For this purpose, it has to be seen, what is the meaning of the term in the operation and move them apply to the court. Rule: Generally, the term minority operation is used for conduct falling under section 232, Corporations Act, 2001. Wide-ranging powers are granted by section 232, which allow the courts to provide relief if companys affairs are being conducted in a way that is against the interests of the shareholders as a whole or if such conduct is aggressive, unfairly prejudicial or unfairly discriminatory against a particular shareholder or group of shareholders, whether in their capacity as shareholders or in some other capacity (Farrar, 2001). In this way, the target of section 32 is the conduct due to which the minority shareholders may have to face some commercial unfairness. The provisions mentioned in this section have been drafted widely. Hence, no limits exist on what may be equal to offending conduct. At the same time, the offending conduct can be companys conduct or its directors or other shareholders (Farrar, 2008). Such conduct is evaluated by the courts by applying an objective test. This test is based on the fact if the conduct in question would have been considered as being unfair by any reasonable commercial bystander. It is not enough that a shareholder has been discriminated or prejudiced (Ford, 1999). This position also requires that there should be an element of unfairness that is something more than a mere disadvantage. Although, there are a wide range of circumstances under which the conduct falling within the purview of section 232 may arise, but it is a difficult task to prove such conduct, particularly in cases where the conduct of the decision also has a legitimate commercial purpose (Whincop, 2001). Practically speaking, generally oppressive conduct takes place when the minority shareholders as to face an unfairness or prejudice due to the abuse of power by majority or its control over the corporation. While the conduct that takes place in bad faith is more probable to be aggressive, but the conduct can be oppressive even if it was lawful and in good faith if it results in being disadvantageous or a burden for the minority that is much more than what would be treated as reasonable commercially. Application: At the same time, oppressive conduct may also occur even in cases where the corporation is treating all the members evenly, for instance, in case of capital raising, where all the members have been invited to take part (Tomasic, 2002). Some instances of the conduct that has been described as being oppressive by the courts include the following:- The issue of shares mainly to dilute. The voting rights of the minority; the non-payment of dividends to the shareholders and making excessive payments to the directors when these decisions cannot be justified objectively under the circumstances of the corporation; persistently refusing to call the meeting of the company in order to prevent the participation of minority shareholders; or applying the ones of the company to benefit the interests of certain shareholders and not the others. Most of the cases of minority operation take place in case of unlisted private companies instead of public companies. This may be so due to the reason that in case of unlisted company, the dissatisfied shareholders can sell its shares, but generally there is no market or ill-liquid market for the shares of minority in case of a private company. Conclusion: Under these circumstances, Galli. Children can also take action under section 232 and claim relief from the court, including an order to issue dividend or to purchase their shares at a price decided by the court. In the present case, Mario and Nick are concerned with the dissatisfaction present among the A class shareholders. Therefore they want, the company to buy out the A class shareholders at the value that has been fixed by independent experts. Under these circumstances the benefits of a share buyback need to be examined. As the name suggests, a share buyback or the repurchase of shares is related with the process when a corporation re-acquires its own stock. In other words, in case of a share buyback, the company buys back its own shares from the shareholders (Weinstock v Beck [2013] HCA 14). A number of rules and regulations have been provided in Australia by the Corporations Act, 2001 and also by the ASIC. The option of share buybacks is considered by the companies due to the following reason. It appears that the directors are of the opinion that a share buyback has a positive impact on the business and also on the shareholders of the company. A share buyback can be described as a capital management strategy. Generally it is considered as a benefit or a reward for the shareholders. Therefore, while it is clear that the investors are benefited by the dividends, as in such a case the money is directly deposited into the bank account of the shareholders, the benefits received are them in case of share buybacks are indirect. In view of the factors mentioned above, by lowering the number of outstanding shares, ultimately helps the company in increasing its share price. In this case, the shareholders are given back their money and it also provides a chance to the investors to capitalize on their investment. At the same time, the management of the company shows that it has confidence in its own company, which can enhance the market sentiment towards the shares of the company. However, there is no absolute guarantee that a share buyback will cause net capital gains, because the price of the shares of the company relies on several factors. However, generally buybacks are considered as an effective way of investing surplus cash and at the same time, boosting the confidence of investors. Although, shared buy back can be inefficient way of using extra cash available with the company, but there are certain cases, when a share buyback may not be in the best interests of the shareholders of the corporation. However, in the end, they can be concluded that share buyback can prove to be an effective way for the management to boost the undervalued share price of the company and to reduce dilution. At the same time, share buybacks also allow the management to show their competence in the operations of the business. But as stated above, every share buyback is not automatically beneficial for the shareholders. Therefore, it is significant that the investors should evaluate the timing and the purpose of the buyback and. They should also consider the overall financial position of the company. Mario and Nick are also required to consider these factors, while making the decision for share buyback. References Farrar, J. H (2001) Corporate governance in Australia and New Zealand (KU956 F24) Farrar, J. H (2008) Corporate governance: theories, principles and practice (SJ100 FAR). Ford, H. A. J (1999). Ford and Austin'sprinciples of corporation law (KD956 F69) (9th ed.). Whincop, M.J., (2001) The Role of the Shareholder in Corporate Governance: A Theoretical Approach 25 Melbourne University Law Review 418 at 432-8 Tomasic, R (2002).Corporations law in Australia (SJ100 TOM). Weinstock v Beck [2013] HCA 14

Spatial Data Acquisition Essay Example For Students

Spatial Data Acquisition Essay Spatial data acquisition and system modeling: notes from the field and the lab. Name of Lecturer: Philip Graniero Department of Lecture: Earth Sciences Date andTime of Lecture: January 13th, 2000 at 4:30pm Purpose of Research Project: Theprimary purpose of the project is to use model simulations to forecast spatialpatterns among various species in the environment. By comparing currentsituations with test results, Graniero hopes to have the ability to predictspatial patterns for species in the environment. This will giveenvironmentalists and scientists alike the ability to prevent specie disasterand to study such areas as future habitat. Description of Research/Technologyused: Granieros first step involved measuring the earths topography, underthe bedrock of the surface. This experiment took place in Newfoundland, Canada. We will write a custom essay on Spatial Data Acquisition specifically for you for only $16.38 $13.9/page Order now To do this he took a random sampling scheme. These schemes were tested at adensity of 40 points per hectare. In order to bring the most precise andcomprehensive data to the table, such technologies as mobile computers and GPSsystems were used. The field in which was being tested proved to be verydifficult to measure due to the changing system and the high demand of physicalresource. His objective still remained the same though, to take this data andrun a model that would enable him forecast spatial data on various species. Themodel he used was known as Cellular Automation (CA). The models properties wereas follows: a finite set of discrete states and a state transition rule wherethe next state is determined by; current cell state, states of the nearestneighbours, and the state of other layers. The model worked in specific steps. First, a spatial structure was built. Second, data was collected from it. Third,the simulation of different collection agencies were put forth. Fourth, themodel information was compared to the behaviour of actual systems. Fifth, themodel was repeated with random initial conditions. Thousands of trials were doneat this point. This model is often referred to as a virtual lab. When theinformation was taken at the conclusion of each test, it was sent to processingunits where it was studied in the form of a grid. These grids were then used tostudy the spatial patterns of various species. Such future models will be morecomplex and more specific, thus showing species habitats and migratory trends. Adjusting the variables in the model can allow scientists to measure suchactivities as the population density of a species. Through the experiment therewere three experiment sets. These included populations, disturbances, andresource mapping. The resource spatial structure also varied from uniform,smooth, and patchy environments (soil and forest types). Conclusion: Thisinformation is very valuable to environmentalists and society in general due tothe fact that it looks-out for species that may be in danger and monitorsthe move from one territory to another over a given time frame. Allowingscientists to predict the habitat and density of species in given areas withsuch models keeps humans aware of the impact they may have. This helps protectthe future of species and insures that humans dont interfere with its habitatas well. In conclusion, the model is very useful and as it grows and becomesmore sophisticated it should prove to be a valuable resource to environmentalscientists.

Charles Dickens and Charlotte Bronte Essays

Charles Dickens and Charlotte Bronte Essays Charles Dickens and Charlotte Bronte Paper Charles Dickens and Charlotte Bronte Paper Essay Topic: Kindred Literature Like any novel depicting the theme of social deviance, the basis of the text is taken from the social and political climates that are appropriate to the time that the text is written. Indeed, during Queen Victorias reign, the social alienation of the working class as well as societies prejudices towards women helped to spawn literature that exhibited the other side of the so called coin, with stories that challenged the general social perceptions of these ostracised groups. These concepts that questioned Victorian social norms are best illustrated in the texts Oliver Twist and Jane Eyre, with both texts producing manifestations through the stories protagonists of attitudes that dont conform to the expected traits of either the working class or women. Furthermore, both Charles Dickens and Charlotte Bronte draw parallels in their respective texts to aspects of their own lives by reflecting the prejudices that they personally incurred whilst growing up in Victorian Britain. One of the central themes common to both texts that echoes the childhood of the authors particularly Dickens is the social gap between the middle class and the working class, with both authors embodying these social issues through the presentations of Fagin and Mr Bumble in Oliver Twist, as well as Mrs Reed and Mr Brocklehurst in Jane Eyre. In my opinion, the bullish attitudes that both authors are able to establish through Fagin and Mr Bumble with Oliver, and Mrs Reed and Mr Brocklehurst with Jane, are a direct reference to the middle-class bureaucrats and their oppressive treatment of the lower class. To elaborate, parish beadles like Mr Bumble who at the time were said to have believed in the concept of giving charity to the less fortunate, are instead presented by Dickens as the oppressor, as illustrated in the various instances that Mr Bumble punishes Oliver. The only thing that can be done now, that I know of, is to leave him in the cellar for a day or so till hes a little starved down and keep him on gruel throughout his apprenticeship. Oliver Twist p. 54) This theory is further illustrated in Jane Eyre, with the depiction of Jane as the poor individual within a higher-class environment throughout the text. Consequently, this notion of inferiority in a social context, like Oliver leads to alienation. I was not quite sure whether they had locked the door; and, when I dared move, I got up, and went to see. Alas! yes: no jail was ever more secure. (Jane Eyre, p. 21) However, the significance of these episodes is not only that they show higher-societies contempt for the lower class, but also that they help to display the attitudes of the respective protagonists within these challenging environments. The use of the restrictive imagery in the cited extracts, and the noble and intelligent reactions to this harsh treatment that each protagonist gives, in my opinion enables Dickens and Bronte to produce a critique of the working classes vigour in a social context which contrasts higher-societies pre-conceived judgements of the working class as useless. By voicing the opinions that the lower class are only helpless because the social infrastructure of the Victorian age did not allow them to break away from their working class shackles, both authors transgress social norms by presenting Oliver and Jane as socially deviant to this general public perception. I am running away. They beat and ill-use me, Dick; and I am going to seek my fortune some long way off, I dont know where. Oliver Twist p. 56) The theme of slavery and restriction is further highlighted by Janes opinion of marriage, through the presentation of Cassys relationship with Simon Legree and her own marriage to Rochester, which once again enables Bronte to challenge the norms of society by offering a commentary that exemplifies the oppressive nature of men in a relationship. Although Janes most fulfilling relationship with a male character in the text is with Rochester, Bronte is still able to present Janes scepticism towards marriage in an intellectual manner that in my opinion is credible given the Victorian norms of domestic roles. Indeed, Jane only agrees to marry Rochester when she is certain that they will be both financially, intellectually and social equals. No Jane; you must not go I have little left in myself I must have you. (Jane Eyre p484) It is through the presentation of not only Rochester, but also Mr Brocklehurst and St. John Rivers that Bronte is able to convey the message that women dont have to be in a submissive position in a relationship and is another example of Brontes transgression of social norms. This is illustrated by the fact that Jane escapes Brocklehurst and rejects both St. John Rivers and Rochester before only agreeing to marry Rochester when she feels that they are equals. I want my kindred: those with whom I have full fellow-feeling. Jane Eyre p. 432) However, the most obvious transgression of social norms from a morale perspective in either text is embedded in the character of Oliver Twist, and to a lesser extent Nancy. It is the moralistic nature of these two characters which is obviously highlighted by the juxtaposition against the other characters in Fagins pick-pocket gang that reiterates the fact that the values of goodness can be common to all human beings, and is not absent in the working class just because they are of lower social standing. What was Olivers horror and alarm as he stood a few paces off, looking on with his eye-lids as wide open as they would possible go, to see the Dodger plunge his hand into this old gentlemans pocket. (Oliver Twist p. 76) Some may argue the point that Olivers noble disposition is due to the fact that he is in fact a member of the upper classes because he gains the family inheritance, however, further credence is added to Dickens argument that intelligence and nobility is not restricted to the upper classes through his portrayal of Nancy. As if to eliminate any uncertainties regarding the intelligence of the working class, Dickens places Nancy in the position of a prostitute one of the most socially condemned positions of Victorian times and yet through Nancy displays the most noble act of the novel when she sacrifices her own life to save Oliver. Those were his words, said Nancy, glancing uneasily round, as she scarcely ceased to do since she began to speak, for a vision of Sikes haunted her perpetually.

Discussing incentives to conserve marine biodiversity conservation Essay

Discussing incentives to conserve marine biodiversity conservation within the framework of impure public goods - Essay Example It is important to note that their benefits can be affected when the government decides not to offer the conservation. (Maxwell) Ordinarilly, an externality is the effect of an economic activity felt by those not directly involved in the economic activity. Positive externalities are often described as spillover effects to suggest their effects are felt by consumers who were not directly intended by their producers. The impure public goods such marine biodiversity and other environmental amenities are not to be supplied privately because the provider cannot capture the benefits and therefore no one can be excluded, so free riding is possible. Clearly, some aspects of marine bear the characteristics of a public good. Marine contributes to global biodiversity and enhances the well being of the majority of people. (Bulte) Ordinarily, no one has the appropriate incentive to provide marine habitat or otherwise protect marine as they cannot capture the full benefits from the needed investments. Market failure occurs because the amount of a public good is underprovided, and thus marginal social benefits exceed marginal social costs. In this case, more of the public good should be provided, but it is forthcoming only if society subsidizes a private supplier, or provides it publicly. (Bulte) On the other hand, negative externalities that include the government regulations impose costs on society that extend beyond the cost of production as originally intended by the producer. A producer of a negative externality who does not have to worry about its full cost is likely to produce an excessive harmful amount of the product.Ordinarilly, regulations and fines may deter the production of negative externalities. But the effects of regulation may be limited under conditions such as where negative externalities are so pervasive they encourage free riding attitudes, where negative externalities are so pervasive their producers could

Contemporary business issues Essay Example | Topics and Well Written Essays - 1000 words

Contemporary business issues - Essay Example This paper seeks to critically analyze the way that Tesco has applied the Ethical Trading Initiative Base Code, the objectives and the principles of the Ethical Trading initiative, how the code is enforced and the possibilities of applying the code during the recession. As stated earlier, Tesco has applied the Ethical Trading Initiative Base Code to the suppliers to ensure that the suppliers have adhered to the ETI standards. In this way, the problems that are related to the suppliers can be identified and addressed consequently (Crane & Matten, 2007). The company has implemented a number of steps to ensure their suppliers meet the standards in the ETI. So as to ensure that the codes are strictly effective in their application, the company has organised buyer training programmes that help the buyers to understand and comply to the best quality. The supply of quality products in a company requires the buyers in the company to be given some proper training so that they are keen in accepting the supplies. In Tesco, the commercial staffs who are involved in buying commodities from the UK are expected to have the understanding of the ethical considerations before they purchase anything from the suppliers. The company ensures that its employees are made aware of the ethical considerations that should be put in place when accepting goods from a supplier. This is usually done in the job description of the employee (Michael, 2003). The employees usually take a course known as: Buying With Your Eyes Open where the employees are taught ways in which they can identify potential problems and how they can apply purchasing practices thereby minimising ethical risks. The food buyers and the non-food buyers are given the training differently since the requirement specifications of the items are different. The technical managers are also given some audit trainings so that

How Social Media Contributes To Retailing Marketing Essay

How Social Media Contributes To Retailing Marketing Essay The retailing industry has found itself constantly evolving and transforming in the past two decades. Globalization and advanced technology developments have a very big impact on the retailing landscape. One of the major reasons for this process is the drastic increased growth of the internet and social media. The concept of social media has existed since the days of cave paintings but the internet has made things possible on a whole new scale. In this era, social media is one of the best opportunities available for a brand to connect with its customers. Social media is hot and it is the trend. Globally, customers that are buying the items that they wanted via virtual media had increased drastically. Traditional customer relationship management is not sufficient for a company to interact with customers. Social media has definitely changed the way big companies communicate with their customers. This study explains how social media contributes to retailing. Besides that, this study wil l also describe about the impacts social media have on customer relationship management. Keywords: social media, customer relationship management Introduction Internet is now one of the most important channels of distribution right after high street retailing ever since its commercial launching about fifteen years ago and it is one of the major sources of empowerment and also customer information (Constantinides, Romer and Boria, 2008). The recent developments of internet, information technology and some other Web services had created a bigger area of opportunities in businesses especially retailing. The Internet has changed our lives forever and it  allows  us  to  communicate  in  ways  unimaginable  only a  few  years  ago (Leary, 2008).According to Borges (2009) it is said that commercial internet started to have a huge boom in about mid-1990s to 2001 and it his highly related to the peoples ability to absorb online information and having the choice to buy online product via ecommerce. In this era of globalization marketing and retailing are slowly embracing social media. The social media had given customers the c hance to have more control, information and power over the market process, posing retailers with a number of important dilemmas and challenges according to Constantinides et al. (2008). We often turn to the Internet for encouragement, entertainment, knowledge and advice. Advice on what to buy, where to buy it and who to buy it from (Leary, 2008).Besides that, in the recent years there is rapid growth of marketing strategies that involve in the circle of customer relationship (Pietro Pantano, 2012). Social network which is now widely used by people around the world and it does have a big effect on the systems of customer relationship management and a new way to CRM is coming out as an ideal platform for using social network in the systems of traditional CRM (Pietro, Pantano Corvello, 2012). According to Divol, Edelman and Sarrazin (2012) it is stated that thirty nine percent of companies that they have surveyed have already started using social media as their first choice of digita l tool to reach out to customers. In about four years, the percentage is estimated to rise to forty seven percent. The way organizations are capturing benefits from the internet technology in the enterprise nowadays is totally different from the past where they attend to other enterprise information systems (De Hertogh, Viaene Dedene, 2011). Overview of Social Media What is social media? The term social media is made up of two words that have its own meaning. In general, the word media means to have advertising and communication of information and ideas with channels and publications while the word social implies to the interaction between a group of people or a community (Sisira,2011). According to Sisira (2011) any kind of website that allows its users to have the authority to share the content, views, personal opinion and encourages interaction can be considered and classified as social media. The worldwide users of social media are over 1.5 billion. Social media is now an evolving wave in retailing. Examples of famous social media sites are Youtube, Twitter, Facebook, Blogger and Scribd. There is also Flickr or Snapfish which emerged as support storage, to share digital photos and an organization (Stefanone, Lackaff Rosen, 2010). Boyd and Ellison (2007) illustrate a better definition of social network site is that it serves as a web-based s ervice which allow people to build a profile within a system whether it is public or semi-public and to connect with a list of people which they have connection to like their family and friends. Social networking had given us a chance to interact with far more people in numbers comparing to our ancestors (Dunbar, 2012). Social network like Facebook and Twitter has the advantage to able to get and win the heart of its customers because social media can connect to them at a very deep level. Now, it seems like a new social network launches every week. To add on to all these famous networks, location-based social networking such as Foursquare and Facebook Places are on the rise (Kidwai Imperator, 2011). Out of hundreds of social networking site in this era, Facebook is undeniably the worlds largest social network. Facebook initially started in February 2004 and it is originally meant to be a social networking site only for Harvard University students (Brothers, Dewland, Hahn Martin, 2011). Somini (2011) states that Facebook has already reached 800 million users worldwide as of as of September 23, 2011 and the users of Facebook press the like button or comment more than two billion times each day. Besides that, they upload a shocking 250 million photos each day too. Twitter is the second leading social networking site after Facebook. Wasserman (2012) said that twitter has already reached 140 million users as of March 22, 2012. According to Anderson (2011) Twitter is actually a place where its users talk about their daily doings, have a gallery to expose photography and as a platform for famous celebrities to be sure that they are part of their fans lives. Twitter is often described as a micro-blog where individuals publish short and personal message about themselves (Brothers et al., 2011). Before the digital revolution, gathering a large amount of crowd is unthinkable but with Twitter, it is now possible (Dunbar, 2012). Social medias contribution to retailing The use of social media occasionally begins in public communication, marketing and retailing department or other department that have direct connection with stakeholders and customers whether it is in business or non-profit organizations (Evans McKee, 2010). There has been a dynamic change in the retailing industry in this 21st century. It is all because of the rapid growth of the web and social media. Generation Y are putting a greater emphasis on networking by using social media because they approaches work in a different way from their progenitor (Karen, 2009). If you are a marketer or building a brand, do not be worries that your company has missed the boat on taking advantage of social media because the majority of social media programs are actually fighting with each other too (Taylor, 2011)..According to Burby, Atchison and Sterne (2007) social media allows super fast and easy communication with billions of customers in a short amount of time and have certainly raised the spe ed where company and its brand can be created, have more exposure and grow. Social media has an enormous potential and capability for companies to engage with customer, thus increasing revenue and efficiency of the company (Baird Parasnis, 2011).The change in this industry does not depend on the size or a big idea of the company it is now nevertheless more focused on customer demand. The information about weaknesses, the good or bad and how can the product have further improvement can be analyzed within a week now compared to older days where much more time is needed to do so (Yazdanifard, Obeidy, Yusoff Babaei, 2011). Decision makers are trying to find ways to enable firms to earn profit by making use applications such as Facebook, Twitter, Youtube and Wikipedia (Kaplan Haenlein, 2010). Social media users have the opportunity to offer feedback and feel more involved with a brand when the profiles status is update with positive information and challenges. It enables organizations to increase customer loyalty while at the same time getting feedback from customers and discovering what changes they want (Friedman Friedman, 2008). According to an eMarketer study in 2008, nearly six out of ten United States users now communicate with businesses and believe that the businesses must interact with their consumers and deepen the brand relationship via social networking website (Abedniya Mahmouei, 2010). According to Gilbert (2010) social media cost may be low but there is a need to invest time and energy in it to be successful. For example, if a retailers want to start a blog or Facebook page, they need to update it regularly or no one will return to see the content (Gilbert, 2010). Simply creating a presence on a popular platform like Facebook or Twitter does not guarantee that customers will be attracted to a firms page and engage with the firm and other customers (Culnan, Mc Hugh, Zubillaga, 2010). This is also because the use of social media by customers are v oluntary and interaction among members need time, organizations need to take great steps in order to build communities and learn from the interactions (Culnan et al., 2010). Figure 1: The Social Feedback Cycle (Burby, Atchison Sterne, 2007) As we can see in Figure 1, it is the social feedback cycle. The word of mouth is important as we can see in the figure. According to Brown, Broderick and Lee (2007) a big part of online customer interaction is word of mouth communication and it influences on a persons evaluation and will to purchase a product. With social media, retailers can get data from their customers opinion or talk and use it as a consideration to enhance their product. As retailers and marketers, brand and business are very important and activity that they do need to have a return on investment, whether it is by increased sales, market share or brand recognition and social media that changed the way people interact with one another have a significant help for marketing, retailing, business and also branding (Drury, 2008). How do retailers turn this potential into real business opportunity and how does social media contributes to retailing? As an example, we can take a look at the best practices of some company in the retail sector. Take a look at IKEAs Social Catalogue, their objective is actually to raise awareness of a new IKEA store with almost no media budget at all. According to Shercan (2010) IKEA is the worlds largest furniture retailer that is held privately and sells accessories and ready to assemble furniture. In the late 2009, IKEA had a Facebook campaign where the idea is contributed by Forsman and Bodenfors to promote a new IKEA store to be launched in Malmo and it was claimed to be a social media campaign that have the most innovation in Facebook (Shercan, 2010). The approach of this campaign is to upload photos of the rooms in the ikea showroom to Facebook, then they allow people to tag themselves against an item of furniture for the chance to win it in real life (Lindsay, Matthew, Jamie, Eveline Chris, 2011). When a person is tagged in a photo on Facebook, their friends will automatically receive an up date that shows the photo. This simple competition will make people have the desire to get free stuff which also meant that this campaign had received a huge amount of public relations. With this, IKEA can increase their companys revenue. Dunay and Krueger (2010) also said that Facebook offers unique ways to communicate with customers such as the Facebook Ads as it can be bought on a cost per click basis and it is very popular as it let company to reach the audience that they desire whether it is narrow or wide. Besides that, there is also Starbucks Mayor Offer where mayor of Foursquare in Starbucks at any local store gets to buy a frappuchino at only one dollar (Keath, 2010). This is special as it is the first national special for mayor using Foursquare. In this situation, customers get value from the discounts and they will have a sudden ego boost to become the mayor of their favorite Starbucks or the one nearest to them. Starbucks will of course get popularity in a form of word of mouth and they are able to identify its top customers. On top of that, there are small businesses that use social media as a real business opportunity. As an example is Wrigleyville, a small company that sell sports related clothing in Chicago and Pittsburgh. Wrigleyville has build a Facebook page for three years and now has twenty two thousand likes and the company tracks sales and marketing efforts from Facebook. They also had contest on Facebook on Mothers Day for visitors to upload some picture of Mom demonstrating why shes the biggest fan of Chicago Cubs (Doug, 2012). Social medias impact on customer relationship management (CRM) Customer relationship management is a combination of technology, business processes and people that want and seek to understand a firms customers and it focus on the incorporation approach on relationship development and customer loyalty (Chen Popovich, 2003). The premise of CRM is that is is a process of relationship building and dual creation of value between firm and its customers, to create win-win situations, enhance customer life time value and increase profitability ( Nguyen Mutum, 2012).According to Jayashree, Pahlavanzadeh and Shojaee (2010) customer relationship management is the collection of processes, people and technology that seeks to find costumers of organizations and CRM develops customers retention and relationship.Progress in Information Technology and organizational changes in customer-centric procedures have positive effect in the development of CRM. Organizations which implement CRM successfully, will gain customer loyalty and profitability (Jayashree, Pahlav anzadeh Shojaee, 2010). All employees in a firm are managers of customer relationship, whether you are the receptionist who answers the phone or customer service operator, and everyone in the company handles customers in the departments (Ronald, 2001). CRM focuses on the integration of customer information, knowledge for finding and keeping customer to grow customer lifetime value and it also has an important role to help organizations to keep their customers and to make them loyal. Organizations should know the reasons of leaving customers and finding the ways of keeping them (Ramakrishnan, 2005). With billions of people having access to a variety of social media, the ability of the word to share and connect is infinite and from a business point of view, companies are now allowed to create a customer experience never before done in the past. Traditional CRM was born in the early 1990s and customer behavior is in a very different phase today (Rich, 2010). According to Vissing (2011 ) CRM is one of the most fundamental elements in any organization because of the emergence of social media in the industry. According to IBM research, there is a large perception gap between what the customers seek via social media and what companies offer (Baird Parasnis, 2011).It is important to master online communication in order to know the people that can influence a particular market. Retailers today are working in a challenging era but they are now able to get closer to their customers and engage with them with a timely and relevant manner (Green Starkey, 2011). Together with CRM, social media can achieve a higher financial benefits to companies and it does not matter which sector they are in (Green Starkey, 2011). What does this change mean for CRM and how this social media phenomenon change the way firms interact with their customers? To engage with customer by using social media will definitely fail if conventional CRM approaches remains the same (Baird Parasnis, 2011). CRM has slowly moved to become social customer relationship management (SCRM). A more strategic and holistic approach that combines social media with more aspects in businesses improves the rate of consistency in achieving success (Leary, 2012). Social CRM is often called CRM 2.0 and it grew because of the empowerment of customers that each customer has the experiences, tools and products with the company that satisfy their personal desire (Mosadegh Behboudi, 2011). Social CRM had pulled the world of customer relationship management into sticking with social media and it results in a very unique and interesting way of working (How do you think, 2012). Social CRM is about joining ongoing conversations customers and prospects that are already engaged in while trying not to control them and it is also about understanding where and what kind of people you want to do businesss by hanging out on the Internet (Leary, 2008).Social CRM is now a new paradigm in combining social networking into traditional CRM systems (Askool Nakata, 2011). At the same time, the interactions between buyer and seller can now be effortlessly stored in a CRM database system for the benefit of the marketer and retailers (Nguyen Mutum, 2012). This interactive era has not only increased collaboration between firm and customer but coupled with continuing technological advances, a marketer has now the ability to track and store customer information optimally, in order to customize offerings to suit individual customer needs and desires (Nguyen Mutum, 2012). Kaftalovich (2010) claims that social media allows company to go into their customers social network and enable them to connect with the customers in an informal way. She also men tion that social media is its own lead generation machine and at Luxor CRM, they found that Twitter is extremely effective because they can gather customers curiosity, opinions and interest in the products as well as gathering about the audiences preferences and buying behavior. According to Green and Starkey (2011) SCRM can deliver insight, which will help drive real customer centric innovation. However, what is sometimes proposed is nothing more than the refreshing of old ideas such as one-to-one communication, relationship marketing or customer engagement applied to social media.  Such thinking actually misses the crucial main point that social media is about people interacting with each other (Ang, 2011). To develop a good social media strategy, it is important to realize that technologies are now allowing people to quickly connect, converse, create and collaborate with each other (Ang, 2011). Besides that, the impact of social media on CRM is the raise of customer centricity. In the world of CRM, the enhanced emphasis is being placing focus on the developing measures that are more customer-centric and that give manager a much well rounded idea about how their CRM is performing (Russell, 2001). This growth of social media had an indirectly result to the growth of much more and better customer centric companies. With social media, it does not matter how much revenue you invest but it is the time, knowledge and patience that you offer in order to satisfy customers (Kaftalovich, 2010). The comparison between traditional CRM and social CRM is that traditional is more data driven and process centric while social CRM is more content driven and conversation centric (Leary, 2008).With social media nowadays, people does not really care about companies that kept promoting themselves, instead individuals are seeking companies that can actually provide them with value. According to He ckadon (2010) if brands want to succeed in social networks environment then marketers must keep content fresh and relevant and the information in social networks must be easy to understand and share. In order to become successful in todays retailing world retailers need to understand about people opinion on their brand in the social sphere. Smart retailers will take a look at their social CRM from the public relations, customer support, product development to maximize connection with customers (Bush, 2011). Retailers can help a brand create top-of-mind awareness by responding effectively to user communications (Heckadon, 2010). Retailers should alsofrequently update their brands social networking profiles and status, and establish RSS feeds so followers can subscribe and obtain updated content on their computers and mobile devices (Heckadon, 2010). Besides that, one of the biggest advantages social CRM has over offline CRM is that social CRM can have a much bigger volume of real-tim e data and it can be used to personalize experiences of the company (Bush, 2011). The growth of more customer-centric companies had resulted in social media being a new wave of customer service and it is all about maintaining long term relationship and partnership with their customers and this is not just a business deal. The development of customer centric firms and lead generation definitely is the impacts of social media on CRM. Discussion As conducted and explained earlier, the purpose of this study is to explore the contribution of social media towards retailing and its impact on customer relationship management. The world of retailing is changing rapidly as time pass. Trends and major development in social media is one of the causes for the rapid change in retailing industry. This paper shows an overview on social media from Facebook, the worlds largest social networking site to Twitter, Foursquare, Youtube and so forth. Then, it can be observe that major networking sites really helps a lot in the retailing industry. Many companies limit their employee to have access to social media sites because of their concern on their employees productivity (Karen, 2009). Social media allows company to communicate with a wide amount of customers much faster and efficiently. Retailers will also know how to further develop their product as they can get data about customers opinions, preferences and talk through the word of mouth a bout their product in a short amount of time. This would eventually make the retailers produce what the customers want. Besides that, social media had helped retailers to have more real business opportunities. Firstly, there is IKEA who launches the Social Catalogue and is able to raise awareness with zero media budget. They focus on the desire of human being to get free stuff and consequently they get a huge amount of public relations. Then, we have Starbucks that have the Starbucks Mayor Offer on the Foursquare application. With this, Starbucks is able to gain popularity and also revenue. This shows that creativity does pay off in social media marketing campaign. Social media has definitely contributes to retailing with unique strategies in getting to know more about companys own product and also improving their sales and revenues. Furthermore, it can be observed by reading this paper that social media also have an impact on customer relationship management. We know that all employees are important in managing customer relationship in a certain company and that social media had changed traditional CRM in a more holistic way and soon it became social CRM. The two major impact social media has on CRM is the growth of customer centricity and social media has become its own lead generation machine. Social CRM also enable company to promote and grow their brand through social media tools like Facebook. There has been a shift in power that can be observed when reading this paper as customers are being given much more priority compared to older day where seller or company had the power. Companies that implement a successful CRM will get the rewards in obtaining customer loyalty and long run profitability. Conclusion There is no way to escape social media these days whether it is for individuals or business companies. It is almost impossible to draw a line separating online world from social media. There are many reasons that social media rapidly gain usage in this era of globalization. The ability to achieve news and information through social media is one of the reasons. Companies are changing and rethinking about their traditional retailing and marketing strategies. This shows that social media is contributing to the retail world. Social network is free and is available for everyone to access and it is generating a mass amount of data which is a big help to marketers and retailers. By carefully understanding the importance of customer relationship management, companies can target their customers more specifically as they have the data of their preferences and opinions. This is the impact social media has on customer relationship management. This is the time where every business takes social me dia seriously and adopts it in their departments. It is now a baseline requirement that whether you are a small or large corporation there is need to have online presence and prolonged conversation with customers. Different retail brands will have different needs and they have to adopt different approaches with different customers. It is very interesting to see how the retailing world will be affected by Facebook and Twitter in the upcoming years.

Quantitative Methods for Business Essay

Quantitative techniques are mathematical and reproducible. Regression analysis is an example of one such technique. Statistical analysis is also an example of a quantitative technique. Quantitative techniques are applied for business analysis to optimize decision making IE profit maximization and cost minimization. It covers linear programming models and other special algorithms, inventory and production models. Albert Humphrey, a management consultant who specialized in organizational management, devised the SWOT analysis technique at Stanford Research Institute in the 1960s. Today, not only large corporations but also nonprofit and government agencies employ SWOT analysis. An enhanced method, known as the Six Forces Model, further helps to quantify competition, buyers and suppliers. Identify strengths and weaknesses to assess whether the desired end state is possible. If it is not, revise your objective to reflect an attainable goal. Use SWOT analysis in strategic planning, crisis management and feasibility studies. Apply SWOT analysis techniques in academic environments for developmental studies. Use SWOT analysis to figure out how to exploit each strong point and minimize each disadvantage. SWOT analysis techniques facilitate decision making by classifying and categorizing factors that influence the outcome of activities. Identifying the strengths or weaknesses of your product, price, place of sale and promotion strategy in concert with listing economic, technological and legal factors help you identify your competitive position. Quantitative data help you to justify how important each activity is to your company (http://rapidbi. wordpress. com/2008/12/29/history-of-the-swot-analysis/). SWOT analysis is typically identified as one of two types: planning or marketing. Corporate planning involves setting objectives, assessing abilities, analyzing current strategies, developing new strategies or preparing for different scenarios that might require intervention. This type of SWOT analysis is typically conducted by project-management teams. Marketing analysis, on the hand, involves conducting research to gather opinions, for example, through surveys. These are usually completed by customers or potential clients. The quantifiable results can reveal trends or validate hypotheses you have about how to market your product. Form a cross-functional team to conduct your planning SWOT analysis. Diverse viewpoints produce the best results and prevent closed thinking. Resist the temptation to abandon your objectives as unattainable without close scrutiny. Think creatively to use the data your analysis produces. Match strengths to opportunities when conducting a marketing SWOT analysis. Find innovative ways to convert threats and weaknesses into strengths. Use SWOT analysis to find new markets while avoiding markets for which your company is ill-suited (http://www. ehow. com/about_54926434_sstrength-weakness-quantitative-technique. html). The use of quantitative and qualitative methods in evaluating and planning business related functions is paramount to business success. Good ideas and hard work are often irreplaceable, but proper application of pertinent analytical techniques can help assure that your company is successful by any measure. Both quantitative and qualitative tools are available to even the smallest of businesses, ranging from straightforward techniques such as break-even analysis and SWOT analysis. Quantitative research refers to the systematic empirical investigation of social phenomena via statistical, mathematical or computational techniques. The objective of quantitative research is to develop and employ mathematical models, theories and/or hypotheses pertaining to phenomena. The process of measurement is central to quantitative research because it provides the fundamental connection between empirical observation and mathematical expression of quantitative relationships. Quantitative Approach provides us the mathematical & statistical, tools & techniques to optimize the managerial decision making in the areas of planning and control. Such as budgeting, scheduling, quality control etc. Quantitative Courses help you get a job. Because usually you start at lower levels of management, where there aren’t many strategic decisions you make. Your intuition is not trusted upon and you must back your decisions with numbers (cook them up if you can’t find them. That’s what my internship experience says, but do not quote me on that). So, they want quantitative skills in you. However, as discussed widely across the world, obsession with quantitative stuff can be disastrous. They are only tools and do not substitute managerial judgment. And as you rise in the hierarchy, you intuition and qualitative judgment start getting valued. Qualitative skills are not just a good-to-have asset then, but absolute requirement. Because for taking higher level decisions, you may not always have the kind of precise framework you have for lower level jobs. But most important thing about quantitative courses, while you are a student, is that they can be learnt. Learnt irrespective of several things going wrong like having an incompetent instructor! Even if you do not have much aptitude, by working hard you can extract something from these courses. Qualitative courses on the other hand pose several problems in learning. Irrespective of the presence of several much touted pedagogical tools and techniques, they depend heavily on the quality of the instructor, aptitude of the student and the chemistry between the two. An inarticulate instructor may still manage to teach you a quantitative course, but for a qualitative one it is disastrous. Well, one big problem with qualitative courses is that by the time you shall be allowed to use them in an organization, you would have forgotten them all. Many students wonder if they’ll ever really need to know how to use the quadratic equation or find the volume of a cone. Not realizing how useful math can be, some choose to only fulfill the minimum requirements that their high schools requires. Those at College Board also emphasize how math can help you prepare for a career. The skills that you learn in math courses may be applicable down the line, even if you are not studying to become an engineer or an accountant. Many entry-level jobs require employees to have some math knowledge. Even understanding the basic math functions can be advantageous. Mathematical courses can prove powerful support for business decisions. In their later business careers, this will motivate them to consult with mathematicians and employ effective quantitative methods. Mathematics provides many important tools for economics and other business fields. The recognition of its importance by many students each year will certainly strengthen the position of mathematics in our society. Why do business consultants and directors need to know math? Business is all about selling a product or service to make money. All transactions within a business have to be recorded in the Company accounts and quite often involve very large sums of money. http://johnsonsr. spps. org/Why_is_math_important. html). So for example, you need to be able to estimate the effect of changing numbers in the accounts when trying to work out your expected performance for next year. Also businesses rely heavily on using percentages, in particular anyone who works as a sales person will need to be quick at mental arithmetic, approximation and in working out percentages, The more percentage discount you give a customer when you sell them a product, the less profit your company will make, so it really does pay to know your math (Brechner). One area where quantitative techniques are applied in business is in the area of finances. Some of the models that financial managers and analysts use are return on investment, decision trees and net present value. Financial analysts determine how much profit a particular product brings in versus the costs of producing that product. They run regressions and analyses to note trends over time and determine how much to invest in a particular business line. Financial analysts also use quantitative methods to determine productivity and whether or not to hire, retain or lay off workers. They use quantitative data to manage risk and create investment vehicles. Advertisers use quantitative data to determine how many viewers or readers will see a particular advertisement in a particular medium. They use data from rating services to find out how many people click on a certain website or watch a particular television show at any time. Advertisers also use quantitative data to do pre- and post-testing of advertisements. Advertisers use surveys to test ad recall in viewers, and ttitudes about proposed advertisements, among other things. Companies make heavy use of statistics to determine how to market their products, which markets their products and services will do best in and which consumers will buy their products. There are thousands of companies in the United States that gather and analyze data about consumer interests, desires, likes, dislikes, motivations and concerns. Marketers use this data to focus sponsorships, direct mail campaigns and position their companies in the general culture. Marketers also use data from UPC codes at stores (often in combination with shopper discount cards) to determine who is buying their products, how often and where. This also gives them important information to use in making decisions about stocking, delivery and promotions. Insurance companies have a multitude of applications for quantitative data. Although many of these applications could transfer to other businesses, insurance companies have dozens of statisticians or actuaries on staff. Therefore, they have the manpower and know-how to analyze mountains of data. For example, insurance companies gather data about each salesperson in each line of business. They then analyze the data to see if there are similarities in the top salespeople so they can recommend improvements to those not doing so well. They also see which lines of business produce profit and which should be closed down because they are unprofitable. Insurance company actuaries also analyze data on accidents, fires, floods and other mishaps that require them to pay out money and use these analyses to set insurance rates for their customers.

Strict Liability in Business Law

The American common law adopted the concept of strict liability in early 1960’s. They began to adopt the view that the sellers should bear the cost of injuries or defects in their products as they are in the best position to distinguish the risks associated with their products. The courts of modern times also provide the sellers the indisputable liability for their defective products without the negligence or fault on the part of the seller. The American law institutes call for the various state law departments to recapitulate the developments in strict liability in Section 402A of the Restatement (Second) of Torts in 1977.In 1997 ALI approved the Restatement (Third) of Torts products liability, which expands the general language of Section 402A into over 20 different sections addressing specific applications of the strict liability ground for recovery. In 1999, the ALI approved Restatement the apportionment of Liability, completely succeeding and expanding upon comparable pro visions of Restatement (Second) of Torts. This Restatement gives paramount importance to the principles of law governing apportionment as liability in cases where there are multiple actors who may have differing degrees of liability.(1)The application of strict liability is important in various segments of business law. Here we shall discuss the scope of strict liability, its essentials and exceptions etc. Moreover we shall try to explore the relationship and contrast of the strict liability with other dimensions in the business law like Rule in Rylands Vs Fletcher, mens rea, negligence, product liability and contract. ———————————————————————————————————— 1. Restatement (Third) of Torts products liability, 1999 Strict Liability 2 Intro ductionâ€Å"He can excuse himself by showing that the escape was owing to plaintiff’s default; but as nothing of this sort exists here, it si unnecessary to inquire to what excuse would be sufficient. – Blackburn J Sec. 402A of Restatement (Second) of Torts, 1977 enunciates that seller of any defective product which is unreasonably dangerous to the user or consumer is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if the product is expected to and does reach the user or consumer without substantial change in the condition in which it is sold.It does not matter that the seller has exercised all possible care in the preparation and sale of his product; and the user or consumer has not bought the product from or entered into any contractual relation with the seller. Moreover the claim under rule of strict liability can be made against Property damage, Compensation for wrongful death, Physical and mental pain a nd suffering Loss of consortium for loss of love and affection, Past, present and future medical bills and Lost past and future wages, DefinitionStrict liability is a legal doctrine that makes some persons responsible for damages their actions or products cause, regardless of any â€Å"fault† on their part. There are situations when a person may liable for some harm even though he is not negligent in causing the same or there is no intention to cause the harm or sometimes he may even have made some positive efforts to avert the same. In other words the law recognizes such type Strict Liability 3 of â€Å"no fault â€Å"liability. (Salmond,1996)(2)The liability arises when a person or company sells a defective product which is unreasonable and dangerous to the user.The defect may in the products design or manufacturing, in the instructions or warning necessary for the product’s safety or in the container or packaging. The main feature of this aspect is, here the injur ed is excluded from proving the negligence of seller. Scope Generally our legal system typically imposes liability for money damages only upon a showing that a person was negligent (i. e. , failed to use due care) or somehow intended to bring about an injury or damage to another. There are cases, however, where a defaulter can be held responsible for an injury even where no negligence or evil intent can be shown .The doctrine of strict liability imposes legal responsibility for injuries sustained by or as a result of an actor's conduct, whether or not the actor used reasonable care and regardless of the actor's state of mind. Strict liability cases are limited to certain narrowly-defined areas of the law, including products liability, ultrahazardous activities, care of animals and certain statutory offenses. ( Faegre & Benson, 2003) (3) The rule of strict liability is mainly attributed to rule in Rylands Vs Fletcher (4) in which the House of Lords well founded the principle of as st rict liability.In this case, the ———————————————————————————————————— 2. Salmond , Heuston (1996) , Law of Torts, , publisher: Sweet & Maxwell; 21Rev Ed edition , ISBN-13: 978-0421533509 3. Faegre & Benson, (Nov. 2003) UK Trade and Investment, US product liability law 4. Rylands Vs Fletcher (1868) L. R 3 H. L 330 Strict Liability 4 defendant got a reservoir constructed through independent contractors, over his land for providing water to his mill.There were old disused shafts under the site of the reservoir, which the contractors failed to observe and so did not block them. When the water was filled in the reservoir, it burst through the shafts and the plaintiff’s cold mines on the adjoining land. The defendants did not know the shafts and had not been negligent although the independent contractors had been. In this case the court found that even if the defendant was not negligent or rather, even if the defendant did not intentionally cause the harm or he was careful, he could still be made liable under the rule.The defendant may excuse himself by showing that the occurrence was owing to the plaintiff’s default or that was the consequence of vis major or the act of good. But in this case the court firmly asserts that it is unnecessary to inquire what excuse would be sufficient. Normally in these cases, the liability arises not because there was ant fault or negligence on the part of persons, but because he kept such defective products and the same was caused some sort of personal damage to another. In Smedleys Vs Breed, (5)a large manufacturing company of tinned peas was convicted as there found the carcass of a caterpillar.On dismissing the appeal of company the court held it was offence of strict liability, therefore it was not sufficient show that the company had taken all reasonable care to avoid the event. ———————————————————————————————————— 5. Smedleys Vs Breed,(1974) Strict Liability 5 The same view was taken in the famous case Donogue Vs Stevenson (6) in this case A purchased a bottle of ginger beer from a retailer for the appellant.While pouring to the tumbler the appellant found a decomposed body of a snail floated out with her ginger beer. The appellant alleged that she seriously suffered in her health in consequence of having drunk the beer which contains the contaminated contents. On her claim for damages, the court declared that a person who is for gain engages in the business of manufacturing articles of food and drink intended for consumption by members of the public in the form he issues them, is under a duty to take care in the manufacture of these articles.That duty must be to whom he intends to consume his products. The fact is that he manufacturers his commodities for human consumption. Due to this informal nexus he places himself in a relationship with all the potential consumers of his commodities, and that relationship which he assumes and desires for his own ends impose upon him a duty to take care to avoid injuring them. † Hence the manufacturer owed her a duty to take care that the bottle did not contain any noxious matter and that he would be liable for the breach of the duty.Moreover the law looks into the scope of strict liability while it is arising out of indeed consumer’s case. In Berrier v. Simplicity Manufacturing, Inc (7), the leg of four years old was amputated as the result of injuries sustained when her grand father unintentionally backed over her foot wh ile shearing the lawn with ———————————————————————————————————— 6. Donoghue v Stevenson [1932] AC 562 (HL) (Sc) 7. Berrier v. Simplicity Manufacturing, Inc. , (3d Cir. Jan. 17, 2008) Strict Liability 6 a riding mower.Her parents moved a case against the manufacturer of the riding mower on the basis of strict liability and negligence based on design defect and inadequate warning theories. But the court followed the decision of Phillips v. Cricket Lighters, (8)and held that since the intended user or consumer is limiting the wide application of rule of strict liability the issue still remains that the child is neither user nor intended user or consumer of the mower. Strict liability and mens rea So the offences of strict liability, we ca n say, are those crimes which do not require mens rea with regard to at least one or more elements of the actus reus.In R Vs Storkwain (9) the defendant supplied drugs for which a prescription was required, after being handed a forged prescription. There was no evidence of any negligence or wrong doing on the part of the pharmacist.. On appeal against conviction, it was held that the statute created an offence of strict liability; therefore no proof of mens rea was required. In Gammon (Hong Kong) Ltd vs Attorney-General for Hong Kong (10) following points has been laid down to determine the circumstances to which strict liability to be imposed.(1) There is a presumption of law that mens rea is required before a person can be held guilty of a criminal offence; ————————————————————————————â⠂¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€ 8. Phillips v. Cricket Lighters, 841 A. 2d 1000 (Pa. 2003) 9. R Vs Storkwain (1986) 10. Gammon (Hong Kong) Ltd v Attorney-General for Hong Kong [1984] 2 All ER 503 Strict Liability 7 (2) The presumption is particularly strong where the offence is â€Å"truly criminal† in character;(3) The presumption applies to statutory offences, and can be displaced only if this is clearly or by necessary implication the effect of the statute; (4) The only situation in which the presumption can be displaced is where the statute is concerned with an issue of social concern; (5) Even where a statute is concerned with such an issue, the presumption of mens rea stands unless it can be shown that the creation of strict liability will be effective to promote the objects of the statute by encouraging greater vigilance to prevent the commission of the prohibited act.Essentials of strict liability For the application of this rule the foll owing three essentials should be there: 1) Injury by a defective product: In order to succeed the strict liability under the law the plaintiff must show that the injury must be caused by a defective product whose defect existed at the time of injury and the product should be plaintiff’s control. In the recent case of Ceiba-Geigy (Pty) Ltd v Lushof Farms (Pty) Ltd en ‘n Ander (11) it was held that the liability arising from the defective products not only related to the personal injury but financial loss also.It was further confirmed that when a manufacture undertakes or market the production without any prior tests and ———————————————————————————————- 11. Ceiba-Geigy (Pty) Ltd v Lushof Farms (Pty) Ltd en ‘n Ander, 2002 (2) SA 447 (SCA) Strict Liabilit y 8 consequently it turns hazardous to the consumer such negligent activities expose a liability to the consumer. Here a contractual nexus between the manufacturer and the consumer is not required. (Weir, Tony 2006), (12)2) The goods must be dangerous or defective in nature: Here the plaintiff must show that due to the dangerous nature, such goods can not be used for the ordinary purpose or for some other reasonably foreseeable purpose. Thus, a manufacturer owes a duty to supply a product fit for the ordinary purposes and it is to be used and safe notwithstanding a reasonably foreseeable misuse that could cause injury. The decisions in famous cases like Batcheller Vs Tunbrige Wells Gas co. ,(13) National Telephone Co. Vs Baker (14)and West Vs Bristol Tramways Co.(15)manifests that the defective products are whatever in form ,whether it is gas, electricity noxious fumes ,the rule of strict liability can be applied. 3) The goods should leave the manufacturer: It is essential that the thing caused injury to the plaintiff must leave from the possession and control of eth defendant. So those defective goods are still with the manufacture is safe from the claim of compensation. In Read Vs Lyons (16) (text) the plaintiff was the employee in the defendant’s munitions factory. While performing her duty a shell was exploded and she was injured . Even———————————————————————————————————– 12. Weir,Tony,( 2006),an introduction to Tort law,2nd edn. , Oxford University Press 13. Batcheller Vs Tunbrige Wells Gas co. 84 L. T 765 14. National Telephone Co. Vs Baker (1893) 2 ch 186 15. West Vs Bristol Tramways Co. (1908) 2 K. B 14 16. Read Vs Lyons (1947) A. C 156, 161 Strict Liability 9 though the shell exploded was dangerou s in nature it was held that defendants were not liable as the shell was not left from outside the defendant’s premises and the rule of strict liability could not be applied in this case.4) Breach of warranty: Generally, the law imposes certain warranties (or guaranties) on the sale of products. Such warranties include that the goods are in proper condition for use and free of defects and that they are fit for a particular purpose. Since the court doesn’t disregard the liability of the waivers against the policy and the warranties are limited, the manufacturers and retailers are always held responsible for injuries from the defective and dangerous products. The aspect of breach of warrenty enables the plaintiff to act against the defendant with his complete freedom.Here he need not assert that the defendant is fault. Usually the product claims under the breach of warranty are in quasi contractual nature. Any factual statement or promise about the product ,a description of the product made ,any sample or model provided constitutes the warranty upon which the buyer rely to purchase the goods. ( Faegre & Benson,. 2003)(17) Exceptions/limitations The following are the exceptions to the rule of strict liability. 1) Plaintiff’s own default: Damage caused due to the plaintiff’s own default was considered to be good defense in rule of strict liability.If the plaintiff suffers damages by ———————————————————————————————————— 17. ibid 3 Strict Liability 10 his own intrusion into the defendant’s property he can not complain for the damage so caused. When the damage to the plaintiff’s products/property is caused not so much by the escape of eth thing s collected by the defendants as b y the unusual sensitiveness of plaintiff’s property itself, the plaintiff cannot recover anything. In Eastern and South African Telegraph C. Ltd. Vs Capetown Tramways Co.(18) the plaintiff submarine cable transmissions were disturbed by escape of electric current from the defendant’s tramways . It was found that the damage was due to the unusual sensitiveness of the plaintiff’s apparatus and such damage will not occur to person carrying on the ordinary business and the defendant held not liable for the such occurrence. 2) Act of god: Act of god or Vis Major was also considered to be a good defense to an action under the rule of strict liability. If the defect is unforeseen and it is without any human intervention the defense of cat of good can be pleaded.In Tennent Vs Earl of Glasgow (19) the court has framed a well maintained definition for the act of god as the circumstances which no human foresight can provide against and of which human prudence is not bound to recognize the possibility. 3) Consent of plaintiff: In cases of volunti non fit injuria i. e where the plaintiff has consented to the accumulation of the dangerous /defective product in defendant’s possession, then such liability does not arise. But such consent must arise for the common ———————————————————————————————————— 18.Eastern and South African Telegraph C. Ltd Vs Capetown Tramways Co. (1936) A. C 381 19. Tennent Vs Earl of Glasgow (1864) 2M (H. L) 22, 26-27 Strict Liability 11 benefit of both plaintiff and defendant. For eg: when two persons are living on the different floors of eth same building each of them is deemed to have consented to the installation of things of common benefit such as the water system, gas pip es or electric wiring . When water has been collected for the common benefit of the plaintiff and the defendant will not be liable for any defects happened to such system unless there is negligence on his part.In North Western Utilities Vs London Guarantee,etc Co. Ltd (20) ,the concept of consent for the common benefit had been formulated as there is no such common benefit between a gas or other public utility undertaking and its consumer’s . 4) Act of third party: If the harm has been caused due to the act of a stranger who is neither defendant’s servant nor the defendant has any control over him, the defendant will not be liable under this rule. But if the act of the stranger is or can be foreseen by the defendant and the damage can be prevented, the defendant must by due care prevent the damage.If not so, the defendant may be held liable for his act. This principle is laid down in Richards Vs Lothian (21). In this case, some strangers blocked the waste pipes of a wa sh basin, which was otherwise in the control of the defendants, when opened the tap, and the overflowing water damaged the plaintiff’s goods. The defendants were held not liable. 5) Statutory authority: Generally an act done under the authority of a statute is defense ———————————————————————————————————— 20. North Western Utilities Vs London Guarantee,etc Co. Ltd (1936) A.C 108 21. Richards Vs Lothian (1913) A. C 263 Strict Liability 12 to an action for tort. But it cannot be pleaded as a defense when there is negligence. In Green Vs Chelsea Waterworks Co. (22) the defendant co. had a statutory duty to maintain continuous supply of water. A man belonging to the company burst without any negligence on its part, as a consequence o f which plaintiff’s premises were flooded with water. It was held that the company was not liable as the company was engaged in performing a statutory duty. ( Salmond,1996)(23) In practice, the defendant may argue the defenses adopting the following claims.1) The defendant may forward an argument on the basis of misuse of the product sold. But it is to be remembered that the misuse of products can not be forceeble or there is a chance of rebut this argument by the plaintiff that there should have some kind of anticipation on the part of the manufacturer and prevented such misuse by its product design or in its warning. 2)Secondly the defendant can claim that the product has been altered and modified . In order to prove this he has to take adequate measures to provide warnings in connection with the alteration of the products.3) If there is any complaint by the buyer about the defective design, then the defendant may rebut his claim by demonstrating that the product was at sta te of art at the time of manufacture. 4) A manufacturer might be allowed to adduce the evidence on the basis of industry ———————————————————————————————————- 22. Green Vs Chelsea Waterworks Co. (1864) 70 L. T 547 23. ibid 2 Strict Liability 13 custom and standards and government standards related to the manufacture and design. ( Faegre & Benson, 2003)(24)Before the buyers of tacky products were not allowed to sue a manufacturer of or seller of a harmful product in commerce. The decision owes to the principle of â€Å"caveat emptor† â€Å"let the Buyer beware†. Now the burden to prove a products sticks on the other claims of product defect, inadequate instructions, or warnings. Here the plaintiff must prove that that the product caused him harm when it was used for its intended purpose as well. More he has to prove that the manufacturer knew or should have known the product would be used in such a way that would cause harm. Strict liability and NegligenceNegligence is an important element to determine the strict liability of a defendant. Negligence is considered to be the oldest theory of product liability as well as the strict liability. As a general rule it is for the plaintiff to prove that the defendant was negligent. The initial burden of making out at least prima facie case of negligence as against the defendant lies heavily on the plaintiff, but once this onus is discharged, it will be for the defendant to prove that the incident was the result of inevitable accident or contributory negligence on the part of the plaintiff.(Jones,2007)(25) There are some elements should be proved by the plaintiff in order to make claim against the defendants under the rule of strict liability. ——— ————————————————————————————————— 24. ibid 3 25. Jones, A . Micheal (2007), A text book on Tort, Ch. 2, 9th ed. , publ. by Oxford University Press Strict Liability 14 Duty of care: The plaintiff must prove that a duty of care was owed by the defendant to the plaintiff. Mere carelessness on the part of defendant doesn’t entitle the plaintiff to sue him.He has to establish that the defendant owed to him a specific legal duty to take care of which he has made a breach. In this connection, in famous case of Donogue Vs Stevenson it was held that a manufacturer of the products which he sells in such a form as to show that he intends them to reach the ultimate consumer in the form in which they left him with no reasonable possibility of intermediate examin ation and with the knowledge that the absence of reasonable care in the preparation of putting up of the products will result in an injury to consumer’s life or property, owes a duty to the consumer to take that reasonable care.(26) Breach of duty: Breach of duty means non observance of due care which is required in a particular situation. But here the defendant acted like a reasonable prudent man there is no negligence. In Blyth Vs Birmingham waterworks Co(27). it was clearly explained that negligence is the omission to do something which a reasonable man ,guided upon those considerations which ordinarily regulate the conduct of human affairs, would do or doing something which a prudent and reasonable man would not do.) Proximate cause: The plaintiff should prove that the breach of duty proximately caused the plaintiff’s injuries. Finally there should be lawful and sufficient injury happened to the plaintiff due to the defective /dangerous product. ——â⠂¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€ 26. ibid 6 27. Blyth Vs Birmingham waterworks Co (1856) 11Ex. 281Strict Liability15 The manufacturers always have the duty to exercise reasonable care in manufacturing the products.Poor assembling the products, difference in use of component parts and its design specifications, failure to inspect the finished products, component parts and failure in correction in any defective products are some examples to lead the plaintiff to claim under the rule of strict liability. ( Faegre & Benson, 2003) (28) In R Vs Lemon (29)the publisher of a gay news were charged with blasphemous libel against Christ through a poem which was considered as an slur to Christianity.The court held that it is the pure case of blaspheme as they ha d intention to publish so they are responsible for their act. Moreover in Alpha cell Vs Woodward,(30) the company was accused of causing polluted water to enter river by using equipment to prevent any overflow in to the river. But due to the collapse of the machine, the polluted things leaked out to the water. There was no evidence that the defendant is negligent but the court held that the defendant had caused the pollution in the water and they held liable. Strict liability in product liabilityThe â€Å"product liability† defined as the liability of manufacturer, during the chain of distribution, for personal injury, economic loss or property damage caused by sale or use of the product. Here the term ‘product’ denotes the finished goods as well as those items which may have some impact on the consumer expectations, product safety etc. In order to brought the action under strict liability the plaintiff must prove that injury occurred by ———à ¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€ 28. ibid 3, 24 29. R Vs Lemon (1979)30. Alphacell Vs Woodward, (1972) Strict Liability16 a defective product whose defect existed at the time of injury and at the time which the product left the control of manufactures control. Such product liability is the legal responsibility of the manufacturer to the buyers. It can be occurred at time of the transaction. Generally there are three defects in the product make defendants liable for their act. 1) Manufacturing: even though a few products turns in to the fault during the process of a manufacturing the plaintiff may held liable under rule of strict liability.2) Marketing: In the case of lack of product warning or instructions, the plaintiff can bring an action against the def endant under such liability. 3) Design: A fault in design from previously mentioned might enable the plaintiff to claim for damages against the defendants. ( Miller, Goldberg 2004)(31) Usually the defective and unreasonably dangerous product denotes the desirability or usefulness of the product, the availability of safer goods in same need, likelihood of injury and its possible seriousness and danger.In such cases entitles the plaintiff to recover from the defendants for the injury caused by the product. Here he need not prove any misconduct on the part of the defendant. The law framed such a provision to make the manufacturer vigilant about their production in safe manner. It is the duty of the manufacturer to produce the goods which will not create an unreasonable risk of injury to the consumer at any cost. Such claim can be made against the—————————————————â€⠀Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€ 31. Miller C. J, Goldberg R. S (September 30, 2004) Product liability 2 edition Publisher: Oxford University Press, USA; ISBN-13: 978-0198256786 Strict Liability17 manufacturer, wholesaler, distributor, retailer and the maker of component parts. (Restatemet,1999)(32) In recent case of Escola v. Coca-Cola Bottling Co. ,(33) 24 Cal. 2d 453 (1944) (Traynor, J., concurring) it was clearly stated that on the demand of public policy the responsibility should be fixed even though there is no element of negligence under the circumstances of hazardous and dangerous to life and health due to the defective products. In cost of the cases the injured would be such persons who are not aware and unprepared to meet the consequences. It is to the public interest to discourage the marketing of defective products that are a menace to the public. It is to th e public interest to place the responsibility for whatever injury they may cause upon the manufacturer, who, even if he is not negligent in the man