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Thursday, February 28, 2019

Responsibility Essay Essay

Personal responsibility is memory myself accountable for my actions and accepting the outcome of those actions. Any decisions I make, no intimacy how significant they are, will affect my life and those around me. To me, accepting ain responsibility is the first step in taking control of my life. soul who demonstrates personal responsibilities achieves academic success. My college success depends on my personal responsibility. This relationship exists because existence responsible for my actions will directly affect my education. As a student, I need to have self-discipline or self-control. The ability to be in control of my emotions and actions will show great results in my academic success. The need of self-control could running to showing up late in class, bout in the assignment late, or organism absent from class. This could also lead me to such as dropping out of school and not being able to accomplish my goals. As an grown, I have many responsibilities and decisions to make. whatever of these responsibilities are taking care of the household, running my suffer business, staying healthy and get a college degree.When paying my mortgage, insurance, and utility bills, or paying taxes for my company, I am taking action and accepting responsibility to pay those bills on time. Also, managing my own business takes much commitment, dedication and self-discipline. I also need to go on myself healthy by doing regular exercise and eating healthy food. memory my health top notch will help me do my fooling routines. To stay on top of my responsibilities, developing a plan, writing tear down my goals, and setting a date keep me on track. Plus, keeping everything unionised helps me focus on achieving my other goals. The other goal I require to achieve is to finish my education and earn a college degree. As an adult student, I understand accepting personal responsibility is the key to success. Also, having a bump understanding of personal responsibility will guide me through with(predicate) to my academic success. To become a successful student, I need to cause a study plan, practice time management and set pictorial goals. Creating a study plan is a good way to unadulterated my goals in school. Time management is also critical setting a schedule to study will keep me on the right course. conniption realistic goals for myself that are attainable can motivate me to do better in school. Planning ahead of time will help me through my academic success.

Moving in High School Essay

Still, the view of mournful and starting over at a modernistic shallow move chills down my spine. And to my surprise, thats exactly what happened. My mom had been laid off for over a year and had fin all(prenominal)y found a Job in a town about 45 minutes away from our home. It all happened so fast. I was about to become a senior in naughty school.I was so disappointed and angry with he thought of changing everything and go away all that had ever admitn. It wasnt provided my high school that Id be leaving. I was also enrolled in the occupation Administration program at a local tech center. vent in that location was my favorite part of the day. I loved my accounting courses and my t severallyer do everything interesting and fun. It was leaving this program that snarl the hardest, even harder than leaving behind friends Id known since first grade.Luckily there was the opportunity to go to a different tech center that offered a similar program. Trying to get my head around moving, I visited the high school and the tech center where I would be continuing my classes. I must admit that I was still very frustrated, so it was tight to see the opportunities the new schools offered. It was so different from my previous school that it felt like a whole new universe. To make matters worse, the school had a different credit system which made me question whether or not I would be able to graduate on time.In fact, it seemed elegant hopeless. The first day of school, as expected, was strange. Students were all excited to see each former(a) after three months. while everyone else was concerned with catching up with friends, all I really wanted was someone to talk to me. veritable(a) if It was simply to ask who I was and what I was doing there. Things continued to be rough during the first few days. Some people stared, and to others, I was invisible, but at last I started talking to people in my classes, who turned out to be much nicer than I expected them to be.I also started making friends with the other students at the tech center mainly because we already had so umpteen interests. like accounting, business. and entrepreneurship, in common. As It turns out, changing schools my senior year wasnt as bad as I had always thought it would be. heretofore though Im no more popular than I was at my old school and, I went from being in a couple to being single (but thats another story), changing schools turned out to be a great opportunity to make new friends and to collect new and different memories.But more than that, moving to a new school right before senior year made me realize that nothing is permanent and its given me the confidence to know that I can make new friends, pursue my academic interests, and organize new hobbies, regardless of my social environment. Its funny I acquire a lot of Of2 my Trlenas talk aoout now worrlea tney are aoout leaving tnelr Trlenas to go away to college and question about whether theyll be able to do it. Me? Im not worried, because IVe already done it. And it turned out Just fine.

Wednesday, February 27, 2019

Walgreens Analysis

Walgreens Strategy Analysis Retailing MKTG 3740 B April 7, 2013 I. narration and Mission Statement Walgreens has grown from a small, neighborhood-oriented medicate break inho subprogram to a trusted, national pharmacy. Founded in 1901 by Charles R. Walgreen, the political party bloomed from a dedication made to perseverance. Walgreen came from Dixon, Illinois at the age of sixteen, working an unpleasant job at a dose neckcloth after he lost a portion of a finger that left him incapable of continuing a career in athletics.He left with an ambition of entrepreneurship as the flourishing metropolis of Chicago wel aimd him with the booming pharmacy business. Devoted to his goal, Walgreen worked his way finished gaining bring and financial stability within the growing industry. His work experience through jobs with diametric pharmacies allowed Walgreen to analyze the strengths and weaknesses in their business operations. Focusing on the gaps in service and the needs by guests t hat were non being met, Walgreen had an opportunity to take advantage on the industrys short approachs by disruption his own pharmacy.After earning exuberant m championy to put a down payment on a loan for the set up that he was working in at the snip from Isaac Blood, Walgreen finally owned a butt in in a huge location just south side of Chicago in a prosperous area. He renovated the lieu, employed a colleague, broadened the selection of results offered, and priced at a fair rate to improve efficiency. One of the incompatibleiating strategies that Walgreen implemented was through utilizing his discipline of the two-minute drill.This service allowed a local node to call Walgreens m unrivaledtary fund, put crosswise an item, and pose it delivered by one of Walgreens handymen within two minutes of the node calling. The good reputation of his service spread quickly among the community. The undermentioned chapter in Walgreens inject innovation and competitive edge was his idea to stag un designateed food items during the winter, cooked by his wife, Myrtle Walgreen. The trim back of that time for m either an otherwise(prenominal) another(prenominal) businesses was to have a soda fountain that lookd cold drinks and milkshakes, which Walgreen likewise served during the baking hot summer months.His approach to customer service carried through to winter months with the hot food serving, while his competitors failed to keep up with what would eventually become an prerequisite part of medicine store business. Walgreens store was growing at a strong pace. By 1929, he had 525 operating stores, 633 in 1975, and move one thousand open stores in 1984. Today, Walgreens opens around 425 new stores, on average out, all(prenominal) year. Through the companys mission dictation, Walgreens strives to be the well-nigh trusted and innovative pharmacy with health and wellness solutions and serve consumers across the U.S. Walgreen set out to help peo ple get well and bear well. With constant innovations in engineering and customer satisfaction, the company is expected to strain to soar. II. Key events that shaped the company Over the past century, there have been economic conditions, changes in demographics, technological advancements, and competitive pressures that Walgreens has had to face and overcome. The first major(ip) event that shaped the company was the featuring of the soda fountain in the store in 1909, which lead to the introduction of the malted milkshake that became an Ameri stub icon.Although a minor triumph at the time, the milkshake attributed to the fruit of the company overall. The following event to affect the company hit hard. The Great Depression was a difficult time for roughly businesses and many were dying out and closing. Walgreens, though vulnerable itself, was able to push through this time by implementing the look upon of marting. Through smart advertising and innovations in customer service, W algreens not just now survived the depression but also was able to help by employing workers and added to its get out of alship canal being able to adapt to the changing times.After the death of Charles Walgreen in 1939, his son as wellk over the president position in the company. Fast-forwarding to the next substantial even in 1950, when Walgreens opened its first small, self-service store. This event is vocalism of the innovation and move toward the proximo that Walgreens pass on continue to see. A digest to 1975 is a marker of importance as the company r from each one(prenominal)ed $1 one thousand witinal in net gross gross receipts. In 1999, Walgreens. com opened, offering a convenient obtain experience for its customers online.Today, them roughly influential growth strategy Walgreens has implemented is the confederation with Alliance Boots to form the worlds first pharmacy-led enterprise. The two brands coming together will position Walgreens for growth in the l ong by transforming Walgreens drug stores into a community, daily living destination while expanding across new avenues of grocery stores and reinventing cost structures. III. Key Financial Data The financial highlights from the income statement of Walgreens Co. n 2012 include a net sales figure of $71,633 million a displace of 0. 8% from the previous year. Net sales unite with a cost of sales of $51,291 million lead to a megascopic profit of $20,342 million again, down from the previous year by 0. 7%. A net earnings comparison shows a 21. 6 % decrease from $2,714 million in 2011 to $2,127 in 2012. Some in-store sales figures help apologise some declines with a prescription sales decrease of 3. 1% and front-end sales plus of 3. 6%.These key financial figures represent a trend in diminishing profits for Walgreens in prescription drugs for the past fiscal year, but a growth in front-end sales, which is an indicator of pharmacy-related issues. IV. The drug store industry analysis As an industry that has been around since the late nineteenth century, the drug store is comprised of staples and pharmaceuticals retailing. History of the industry recalls the first drug store being opened in 1823 and strictly worked with pharmaceuticals under the first registered pharmacist. As the tores became much popular and customers needs grew for different products, the industry transitioned into including staple items. Today, the average retail products include (but not limited to) prescriptions, food, cosmetics, toiletries, and tobacco products, but hold in the pharmaceutical department that holds the highest profit. Chain drug stores currently cause the greatest market dish out in the industry when compared to independent stores and the mass are incorporated at 76% of all drug store firms. Among the top triplet company chains are CVS, Walgreens, and Rite Aid.This instalment within the industry is passing competitive with demand growing. V. The future of drug stor es With demographics changing, especially within the U. S. , the future of drug stores is expected to transform their product offerings. A shift to concentration on prescription drugs sales, as the superior general public grows older, will be responsible for a decline in products that are no longer demanded as staple items (ex. beauty support and fragrances). A growing trend seen in the current market is self-diagnosis and self-treatment along with the addition of generic drug sales.Customers are being offered a generic drug alternative for a lower price and are change state more inclined to self-treating without the help of a pharmacist. Another movement towards the future includes implementing advancements in technology. Many stores currently use self-serve checkouts and photo print booths. Advancements in electronic prescription filling and ordering refills online are playing a big role in development. Therefore, a broader depth of target market research and differentiation in product offering based on research results whitethorn be beneficial to the survival and growth of the drug store industry.VI. SWOT analysis of Walgreens Strengths and weaknesses Walgreens, as mentioned before, is one of the leading examples of mastery within the drug store industry. A continuous need for return and adaptation to the changing market keeps Walgreens alert and attentive, in step with customer wants, which serves as one of its major strengths. The past 3 decades for Walgreens have been those of growth and exceeding competitive sales. The use of technology incorporated in Walgreens store operations allows the company to receive and analyze real-time sales selective information and customer interaction.Systems such as the POS (Point of Sale) and RFID (Radio Frequency Identification) generate up-to-date information on impact of certain store displays on sales and record marketing data needed to maximize profits. In order to serve customers more effectively, Walgreen s offers convenient services online, such as photo printing and prescription call-ins. The implementation of technology as a tool for track data and servicing is another strength of the company. Walgreens offers a loyalty broadcast to its customers to further improve on customer satisfaction.The reward program, called Balance Rewards, is a point-based system that gives discounts and coupons to customers whenever they use the loyalty card and earn points. Many ways to earn points include filling prescriptions, purchasing certain items in-store and online, using the unsettled app to purchase items, and a Steps with Balance Rewards that tracks when the customer is living a healthy lifestyle. The customer can redeem his or her rewards for more coupons and discounts on future purchases. While the success of Walgreens is prevalent, weaknesses within the company prevent Walgreens from reaching perfection.A major weakness and concern for the company is opening too many stores. This may s eem strange, considering the growth in demand for more stores is sensed as a positive characteristic, but cannibalizing their own market at the growing pace could lead to a mass reduction in sales and revenue by stealing customers from their current top sell stores. As Walgreens is always adapting to its market and looking for new opportunities, an important work out to look into would be limiting how many new stores they are opening and evaluating their product portfolio. Threats and opportunitiesThreats are inherent in any business. Competition would not be possible without external threats. The biggest threat to Walgreens is the rise in market store and supermarket discounters. Before, drug stores competed against other drug stores and pharmacies in a highly competitive market. Now, stores like Target and Kroger are offering prescription drug services and are able to do so at a discounted rate. Since these stores carry a much larger assortment of products and more SKUs than a typical drug store, they shut away at lower costs and press a cheaper price.The current economic state poses a threat to businesses everywhere. at heart the drug industry, the cut from Medicaid in 2007, by $3. 6 billion, impacted many pharmacies and affected the sales of generic drugs in the U. S. Today, uncertainty around the long-term viability of the Affordable Care Act is threatening the insurance industry, or at least the affordability of coverage. Currently, about half of the states in the U. S. are refusing to participate in the new insurance exchange program, which is driving insurance rates up drastically.Moving away from the challenges of business, opportunities also present themselves within the industry. One opportunity that Walgreens may be looking into is how to market more towards the generation it has been growing with the minor boomers. This market is the general population that is now getting older and has the most experience with Walgreens. As this generation ages, their needs change and require different products. More prescriptions for aging health issues need to be filled and slight beauty supplies are being purchased, for example.The opportunity to transition and focus on this particular market could benefit Walgreenss sales. Further prospects for Walgreens includes going global. world(prenominal) business opportunities offer drug stores an entire new market, which if executed correctly, can be a major growth possibility. Its easy to oversaturate a market when operated domestically, as is the case is for Walgreens in the U. S. , so expanding past our borders to different nations may be a prospective move for the company. If there was only(prenominal) one opportunity Walgreens should take on, it would be most important to increase the sales of non-prescription items.Although marketing towards the older generation and profiting from more prescription fills is demanded, incorporating the sales of items that people will buy, as a rel ated product to their important purchases, will boost profit. VII. Competitors strengths and weaknesses Walgreenss biggest competitor is CVS (Convenience, Value, and Service). CVS Caremark is the largest, most profitable drug store/ retailer in the U. S. Strengths CVS Caremark operates under three different retailing segments the CVS pharmacy, Caremark pharmacy services, and its MinuteClinic.Under these three segments, CVS is able to offer its customers lower prices, loyalty programs, cover over two thousand healthcare plans, and operate a walk-in clinic service. Through their services, CVS is able to hold the strongest market share at almost 20% of the prescription drug market. It also has one of the largest loyalty programs for customers more than 500 million customers who use the loyalty card through the Extra Care program. CVS has made substantial investments in technology and incorporating it into their programs.The companys strengths have lead them to push a revenue of over $ 100 billion and net income of $4 billion. Weaknesses The only complaints to come from a customers point of view at CVS is that the store consistency varies occasionally, meaning one CVS store may be too different in product offering than another CVS store, which confuses some customers. The employee disorder rate is also higher than ideal for a large company operating many stores, meaning focus should include keeping employees felicitous with more benefits. VIII. Key competition comparison SimilaritiesBoth Walgreens and CVS have loyalty programs that they use to reward customers and offer valuable customer data. Using a customer rewards program to offer coupons and discounts builds loyalty to that companys brand and image. This motivator strategy has worked well for both companies. However, they differ in the way each one works. At CVS, when a customer purchases multiple items in one transaction, the reward points/ coupons are split amongst the items within the one transaction. T he customer receives more motivator with each purchase whereas at Walgreens, the reward is based on the lean of transactions only.A customer can purchase the same number of items in each store, but receive more reward points/ coupons at CVS. Differences When compared to CVS, Walgreens carries more of a mom and pop store reputation, which benefits their image. The companys stores are all linked, making it easier for customers to get prescriptions filled at any Walgreen store, which is an advantage over CVS. Walgreens also offers prescription labels and in-store advertising in other languages and is open 24 hours in many locations across the U. S. , another incentive that CVS does not offer.These distinctive traits represent Walgreenss commitment to pleasing its customer and fulfilling needs. CVS is differentiated from Walgreens through store layout and product offering. CVS stores are known to be larger and customer more customer-friendly in space and appearance than Walgreens. CVS has also brought in more net revenue, over $100 billion as compared to Walgreens at $75 billion, leading by about $25 billion. As mentioned earlier, Walgreens has seen a diminishing performance, financially, while CVS is rising. IX.Recommendations The first recommendation for Walgreens to move towards conk out sales and profits in the future would be to capitalize on the baby boomer generation. As explained before, this would require readjusting the marketing platform to entreaty to more prescription sales and aging health products. This strategy has effectiveness for short-term and long-term growth. The second recommendation would be to become advised of cannibalizing its own market. This strategy would lessen the investments in real estate space being made currently.Instead of opening more and more new stores each year, the company should focus on evaluating and expanding the current services in each vivacious store. Innovations in store layouts and product differentiation in the existing stores may help individual store sales and not oversaturate the market with too much of the same thing. The final recommendation for Walgreens is to enhance its customer service through the convenience factor. Developing more online services will help also help the aging generation as it becomes more difficult for them to get in a car and drive to a brick-and-mortar store.This kind of innovation is what customers like to see in businesses and the company will be benefiting from the multichannel strategy. X. References CVS Caremark . (n. d. ). CVS Caremark . Retrieved April 7, 2013, from http//info. cvscaremark. com/ Page Through Our Past Page 4 Our History Walgreens. (n. d. ). Welcome to Walgreens Your Home for Prescriptions, Photos and Health Information. Retrieved April 7, 2013, from http//www. walgreens. com/marketing/about/history/hist4. jsp

Broadsheet and tabloid article comparison Essay

Three newspapers, The measure(a British broadsheet), The Mirror ( a British tabloid) and Newsweek (an American paper) sacrifice all related to the uniform ski concomitant where 20 pack died in a cable car as an American vex Jet sliced through the cable cars wires direct its occupants hurling trio hundred feet to their deaths in the Dolomite Mountains in Italy.The major(ip) differences between the three articles is that The clock and The Mirror were able to repair reporters to the facet of the accident within hours of the crash except Newsweeek wasnt able to get a reporter unwrap to the Dolomites as they werent a particuarly plentiful newspaper firm and it as well ask them 2 weeks to publish the news and by then(prenominal) e genuinely one(a) had found surface, whereas The Times and The Mirror chose to publish it the very next day. The Times is very real throughout moreover The Mirror enjoyments very talky language.The Mirror and Newsweek atomic number 18 biased towards the victims because they cant defend themselves against what the American Fighter Pilots had done. The major similarities between the three newspapers is that they have all got the same account of what happened and that the American Fighter Pilots atomic number 18 to blame. Also how it happened and they agree on the basic facts. Within the three newspapers they all use factual surfeit of most description. The Mirrors factual content is stating that why the incident occured, who was involved, that there were no survivors and how there bodies were found beneath all the rubble.The Times goes into more detail about the incident and the paper is more task corresponding and better grammar. Newsweek is just stating the facts and is basically worded for the younger readers to understand. in that respect are a couple of discrepancies between the three newspapers, The Newsweeks descrepancies are that it is has non been illustrated. It took them two weeks to publish the incident . It was using very basic writing techniques. It as well as prints that the incident was not that ill a disaster By then, pristine Minister Romano Prodi had already judged the crash as an act of trajic recklessnesss.The Mirrors discrepancies are that it uses too many opinions sort of than facts. Too much surrounded the incident rather than what the American Goverment should will do to improve its training schemes and how to make it up to the victims families. The Times discrepancies is that it is too long and too in make knownectual. I feel out of these three newspaper articles surrounding this accident The Times is the best for facts but The Mirror is the best for witness accounts and opinions and pictures of the wreckage. The language used in the three papers are all different and targeted at a particularised group of large number.The Mirror is aimed at people who thrive on new(prenominal) peoples misfortunes. The Times is aimed towards the more intelligent and business lik e individuals. Newsweek is aimed at American people around where this paper is based to feed them news about their state. There are not many differences in olfactory perception, mood or bias achieved due to the language used. The Mirrors tone is very dramatic, emotional and to the point, its mood is shocking and is biased towards the victims and does not really mention opinions based on the American Pilots.The Times tone is very serious and business like, its mood is partially shocking but still remains serious and factual. The Times is not biased in its report as it considers both sides of the incident. Newsweeks tone is very ambiguous and eluding, its mood is not shocking but almost normal, it is biased towards the American Pilots An US Fighter Jet clips a gondola cable and they act as if it isnt such(prenominal) a bad crash. In The Times and The Mirror interview people who were next in line for the cable car and those who witnessed the incident.The Times also spoke to Fauseo Colasant who was a police chief in Cavalese, many sullenicals, a spokesman at Aviano, Giorgio Ruialdiwho was a rescue worker at Cavalese, Massimo Brulti who is the de determiney Defence Minister. The Mirrors interviewees were Neil Harmar and his girlfriend Stacey ODonnell who were next in line, police chief Andrea Russo, a set up service spokesman, American Defence Secretary William Cohen, salesman Neil of Heathfield, Sussex, furious locals, regional President Carlo Androtti, Cristina Antoniazzi the owner of the Hotel Locanda La Cascato just 100 yards from the cable lines and occupation Force Chiefs.All the mentioned people above all commented on how low-spirited and dangerous this was, also how trajic an accident it was and that the Military war games should stop which put peoples lives at risk. Newsweek didnt have any speakers because they it was a strategic preference and chose not to publish the article until two weeks later when everyone had found out about it through othe r people and other major newspapers such as The Times and The Mirror.Most of the people who were interviewed tell that it was a tragedy If pilots want to put their own lives at risk that is up to them, but it is not acceptable that inncoent tourists should take the consequences and many important people mentioned how many victims were confirmed dead. The US Defence Secretary William Cohen said The victijms were nine women, ten men and one child, and a fire spokesman said Its official- its twenty. but cinch Force Chiefs declined to comment. regional President Carlo Androtti said Military aircrafts should stop these war games which put gratis(p) peoples lives at risk.Many people have told me how some Military Planes actually fly under the cables, The Times has more factual content rather than content rather than speakers but the people who were interviewed said how much of a tragic incident this was. The Pentagon had launched and inquiry into the accident and convey its Deepest S ympathy for those killed, but this was an accident that should ahev nopt happened as the conditions were excellent profile on the mountain had been excellent at the time of the disaster. the Newsweek had Italys Air Force Chief General Mario Arpino who said The Prowler was four miles off of course and flying 3,300 feet below the altitude designated in the flight invent filed at Aviano. The minimum cruising altitude for US pilots in Italy is 500 feet. Newsweek doesnt use its article based on all on the one accident like the other papers did but it compares it to another crash. There is not really and explination for the different nationalities but they must think it is in truth embarrasing for letting this get out of hand even with the amount of complaints recieved by the Regional President Carlo Androtti.The Mirror layout is so that the readers will straight out focus on the accident that happened and a photo of the bareness at The Dolomites because of the pictures and the adv ertise. The layout of The Times shows it is a sophisticated paper that contains pictures of the EA-6B Prowler Jet that caused the accident, the devastation and a diagram of how it happened. The layout of Newsweek is very plain and un-interesting. It contains no photos of diagrams. This means that it is layed out very poorly and has no effect on the reader.The effect of the use of pictures, diagrams and headlines is expressed very well. The Times has great use of pictures, diagrams and headlines. Their headline is bold, catchy and to the point. Where-as The Mirror is more suttle and detailed, its headline is very effective because it stands out. But, Newsweek is exactly the opposite from The Times and The Mirror because its headline is based for the reader to become curious and to continue reading the article, thee are no pictures or diagrams which let this article down.In conclusion I feel that The Mirror explains what happened and suggests the full horror of the incident most effe ctively as it uses many techniques that are typical to a tabloid newspaper. In particular, it gives the incident a personal and British flavour by conspicuously reporting the reactions of two british Holidaymakers who narrowly avoided being involved in the incident. It also uses bold type, pull quotes and Tabloidese the pacy, dramatic language exemplified by the sub-headline Brits tell of horror in snow.

Tuesday, February 26, 2019

Elvis Presley Coursework Assignment

What can you learn from source A astir(predicate) dosage Presleys impact on public address systemular music in the the States in 1955?From source A we can learn that social disease was a customary, whether people liked his music or just him still interchange his records, six hit singles in the companies hit list of discharge 25 best sellers. It alike utters that the magazine liked him and had confidence in him and that he would succeed at the highest level. This is sh proclaim by the title Presley Hot as $1 Pistol meaning he will shoot to stardom quickly. The article also mentions that he is also the number two best seller after a headspring respected, clean cut singer. This shows he has al necessitatey almost steel the big time. read/write head 2. speculate offsets A and B. address B gives contrary impressions of dose Presley to that given in stock A.i) In what sorts do the sources differ?Source A is several(predicate) to Source B in many ways. Source A is a factua l article which is encouraging towards Elvis, promoting the fact that he is popular. This source is aimed at any age assembly or race that had an interest in modern music and read the magazine. Source B is peoples personal opinions, condemning and objected, Presley has no singing ability, and patriarchal physical movement, argon examples of the personal criticism and abuse Source B implies. Source B is aimed at heart and soul aged, middle class flannel people.ii) Use Sources C and D, and your own knowledge to explain why Sources A and B differ.Source A is written earlier than Source B and is most record sales. Whereas Source B is commenting on a TV demeanor made by Elvis later on. Source C also refers to his TV appearance. Source C agrees with Source B in that Elvis never should get gone on TV. Source A is written in March 1956 before anybody had seen Elvis on TV so there was no cr giveor to criticise him. Source B is written in the same year but is after his head start TV appearance. B is resisted by both C and D in criticising Elvis or so his appearance and his dancing technique. This is shown in Source B stating his primitive physical movement and is supported by C and D quoting, unfortunately Presley makes personal appearances, and how shocking he looked. Source A is aimed at any age group or race that had an interest in reading the magazine and in modern music. Source B is aimed at the middle or upper class that would read national newspapers. Source C is aimed at Catholics, and Source D is aimed at anybody.Sources B, C, and D all in all(prenominal) criticise him so therefore support each other. This is another reason why Sources A and B are different. Source A is chemical reaction to his records and is a factual Source six hit singles in the companys hit list of top-25 best sellers. Whereas Sources B, C, and D, are all opinions of him and his appearance. Source C supports Source B in that it was criticism of him early in his career when he first made his appearance on TV. Source D supports Source B in criticising Elvis. It shows that even other singers were being shock by his performances told some real good-for-nothing, crude jokes, which werent even funny. Whereas normally you would postulate another person in the same trade to be much accepting of a young up and coming star, who is new to the business.Question 3. discover Sources B, E and F.Do Sources E and F support the certainty of Source B about the impact of Elvis Presley? Use your own knowledge to explain your answer.Sources E and F do not support Source B. Source B was written as newspaper articles about Elvis appearance on the Milton Berle show. The three articles in source B are all critical about Elvis eg. Presley has no singing ability, mysterious lyrics and grunt and moan antics. Whereas Sources E and F are positive degree about his appearances. The Milton Berle show topped Sergeant Berle in the ratings. This shows that people were watching the show to see him perform, it was a relaxed and therefore more effective Milton Berle show. Source F shows screaming and shouting girls and how popular he is. This Source could also be negative as it shows him and his roughneck appearance. All of these sources show that Elvis did make an impact whether he was liked or disliked. The age group he had the biggest impact on were the teenagers. This was because they liked his music and his rebellious style.Question 4. Study Source G.Use your own knowledge to explain why these different involves were expressed.In Source G the three different people oratory all obtain the same view but for different reasons. The example Emmanuel Celler dislikes Elvis because he notion that he overdid his actions. The congressman did not have a problem with rocknroll but Presley and his animal gyrations violate all that I know to be in good taste. He thought that Elvis was over the top. The next part of Source G was a description by a member of the Ku K lux Klan. The KKK were a big antiblack group in south America at the time of Elvis jump to fame. At this time segregation and the Jim Crow laws were still being used. The KKK spokesman dislikes Elvis because he used black peoples style, for example Little Richard style songs. He also describes Elvis as a cannibalistic, negro-loving rock and roller, which shows he has a vision of a stereotypical American red Indian who would eat white men that entered their territory. At this time 56% of Blacks were under the pauperisation line. The Preacher is once against Elvis because he sees Elvis as a bad influence on the young, stating that he would not let my daughter penetrate the road to see Elvis. He might also dislike Elvis because as a member of the church he might be against his sexual movement such as the hip thrusts.Question 5. Study Source I.Source I suggests that attitudes to Elvis Presley were beginning to change by 1958. Use the source, and your own knowledge to explain why th is was happening.Source I shows that people were starting to like Elvis. Source I suggests that he had achieved US republic doing what all American citizens were expected to do This is US democracy at its best, because he did not use influence to buy his way out. This changed his image from a rebel to a squeaky clean pop star. He changed his style of music and started making films. Recording sessions were made shorter so he could move on to his next film, in contrast to the 30 takes of Hound Dog. After he had returned from the army he stopped doing know concerts and started wearing suits. He sung a duet with a well respected star, Frank Sinatra, on Franks TV show, which was edited so that the audiences screams were taken out. Elvis films joining the army and business manner made him more unexceptionable for all age groups and classes.Question 6. Study all the sources.The impact of Elvis Presley on US society during the 1950s was more the result of television coverage of perform ance than his music. Use the sources, and your own knowledge ,to explain whether you agree with this view of the career of Elvis Presley.The impact of Elvis Presley in the 1950s is said to have been more to do with his TV appearances than his music. A lot of people did not have TVs in the 1950s but most people had radios so the statement is debatable. Newspapers and magazines also highlighted and mostly exaggerated Elvis appearances. Personally I disagree with the statement. Sources B and C are Magazine and newspaper articles with other peoples opinions about his TV appearances. Both of these articles are one sided against Elvis, only giving a buttoned-up reaction. These reactions are all picking out bad things about his appearance and movements eg. Presley has no singing ability, Unintelligible lyrics, primitive physical movement, and grunt and groan antics. Source F which shows Elvis dancing and singing could be positive in that there are so many screaming fans, or negative showi ng roughneck appearance with sideburns and controversial dress sense.Sources A, E, and H are all positive Sources towards him and his records. Source A shows that his music was popular and that he was already the number two best seller before he even appeared on TV. Source E shows that his appearance on the Milton Berle TV show had topped the ratings. This shows that people were tuning in to see him again showing he was popular before his first TV appearance. Source H is more facts about his record sales and how well they were sell compared to other artists at the same time. These statistics tell us that his music was passing popular. These three Sources are factual rather than opinion like Sources B, and C. The middle aged group of people at the time were always tone to criticise Elvis.

The second danger is for the people of Alabama

Alabama faces deuce problems regarding race relations. One is tiring of the work just as the light-haired girl in the old joke, who swims half- charge across a lake, declares she is too timeworn to make it all the way, and then swims back to the side she started on. If the residents of Alabama heighten tired of progressing, they too, might someday end up back where they started. The roil of generations, then, would be wasted.The second danger is for the people of Alabama to believe that equal progress has been do. It is easy to think of unrivaleds own generation as the almost advanced in all of time. Yet, a look back at history shows that previous generations felt the same way. An examination of the attitudes and actions of the progressives in the other(prenominal) sheds some light on how furthermost Alabama has come and how far it might still need to go.Many people today portray buckle down masters as wicked, violent men, who beat their break ones backs constantly and ne glected their needs. This is non a completely accurate picture. Indeed, former Alabama striver Alice Gastoni (Gaston, 1941, p. 1) in a 1941 interview with Robert Sonkin the followingAll the white folks that pick out me, they treats me nice. And if I want anything, Ill ask for it. I was taught in that a way by my old master. Dont steal, dont lie, and if you want anything, ask for it. Be honest in what you get. That was what I was raised up with. And Im that a way today.Another former slave, Isom Moseley in addition said that hed worked for, might good white folks. (Moseley, 1941) He remembered the white people having shoes for the children and the elderly. Similarly, former slave Joe MacDonald recalled that his master had made sure he was educated, so that he would be interact come up by other white people, once the master and his wife had died and gone(p) to heaven. (MacDonald, 1940)One slave owner fathered a child by a drear woman. Instead of denying his paternity, James T. Rapiers father acknowledged him and hired a private tutor to educate him in secret, because Alabama law, at the time, did not allow blacks to be educated.ii Rapier elected to the forty-third sexual congress in 1873 as a republican.Yet, in some parts of the state, slaves were treated very badly particularly in the earliest years. In 1824, slaves in capital of Alabama outnumbered whites. Around half of Alabamas heads of household were slave owners.As the number of slaves in Alabama increased, so did per capita wealth. Indeed, in 1930, per capita wealth was $700, which was quaint by any other part of the country.1 These pointors lead many whites to attention black insurrection. If Alabama blacks rose up against whites, the outnumbered whites might not be able to stop them.Therefore, many solicitudeed for their lives. Others feared losing their fortunes. If blacks were freed, once great southerners would have to postulate with industrialized northerner families in the American e conomy. It would be extremely hard for them to compete. iiiWhite fear lead to increased oppression. While, for a time, there were free blacks in Alabama, the politics chased them out in 1839. An article from The bare-ass-Yorker in 1839 declares, By a law of the last session of the Alabama legislature, all free persons of pretension who remain in the state after the 1st of August close are to be enslaved.ivIf a similar ruling were made today, the paper editors would call for public outrage. In 1839, the note is simply followed by a warning about yellow fever in New Orleans. Clearly, neither the government, nor the media thought of blacks as equals.Yet, while the Alabama legislature tried to unblock the state of free blacks, it also ruled, in 1852, that owners must properly garment their slaves. According to Mary Jenkins Schwartz, however, the law was not enforced and frequently broken.v Jenkins states that because owners would not follow the law, slaves who had children had a difficult time keeping their children warm. Indeed, she says, on one Alabama grove, mothers would cut holes in gunny sacks to clothe their sons and daughters.viSlaves were treated on many plantations as animals. Jenkins reports that many slept on hay. Children were given blankets of inferior lumber and expected to share with one another. Children who did not work in the field on one plantation, were not given food allowances.Therefore their parents would have to pick up animals like rabbits and raccoons to feed them. Indeed, says Jenkins, some children would look forward to working in the fields because they would be able to earn food for themselves to stop their hunger.viiThe fact that plantation owners thought of slaves just as people think of animals is also evinced by a number of documents from Alabama in the 1800s. For instance, in 1852, a Parks Landing plantation owner offered a reward of fifty dollar bill dollars for the return of his runaway slave, Stephen. It reads lik e a lost pet poster. The plantation owner describes his slave as, A fine looking negro who is surrounded by twenty-five and thirty years of age, about six-feet high, copper-colored, with a high fore-head. viii1 Jenkins reports that slave owners would use this to tempt slaves into putting their children to work in the fields. Those who did would receive, one habilitate apiece. One boy, who worked carrying water for workers, earned a shirt, two pairs of pantaloons and shoes.i Alice Gaston. Interview with Alice Gaston, Gees Bend, Alabama, Voices of Slavery. library of Congress. Washington, D.C. 1941. ii Eugene Feldman. James T. Rapier, Negro Congressman from Alabama, The Phylon Quarterly. Vol 19. No. 3 1958. iii Clayton W. Williams Early Ante-Bellum Montgomery A Black-Belt Constituency, The Journal of Southern History, Vol. 7, No. 4. Nov. 1941. iv Free Negroes in Alabama, The New Yorker. Sep. 14, 1839 7 26. P. 411v Mary Jenkins Scwartz. Born in Bondage Growing up Enslaved in the Antebellum South. (Harvard Harvard University Press, 2000). viii Levi Parks. Poster offering fifty dollars reward for the bewilder of a runaway slave Stephen, American Memory. Library of Congress. Washington, D.C. 1852.

Monday, February 25, 2019

Analysis Of The Three Financial Models

IntroductionBankruptcy refers to the state of an individual who is unable to expect his or her debts and against whom a failure order has been make by a court. Such orders deprive bankrupts of their property, which is then(prenominal) apply to pay their debts. Bankruptcy proceedings are started by a petition, which may be presented to the court by (1) a creditor or creditors (2) a person affected by a voluntary arrangement to pay debts set up by the debtor under the Insolvency Act 1986 (3) the theatre director of Public Prosecutions or (4) the debtor. (Smullen and Hand, 2003).If we assume that a corporation is a bump legal entity thus qualifying as a legal person, we layab reveal adopt the above definition to define failure in the place setting of the corporation or corporate nonstarter as the state of a corporation that is unable to pay its debts and against which unsuccessful person order has been made by a court. (Smullen and Hand, 2003).Analysis of the sets for predicti ng bankruptcy.There are three main approaches to predicting bankruptcy which include score analytical approach, excerption theoretical approach and the statistical approach. Becchetti and Sierra (2002 p. 2100). beneath the statistical approach corporate failure risk is analyzed by four widely known methods which make use of balance rag week ratios linear or quadratic discriminate outline, logistic regress analysis, probit regression analysis and neural net depart analysis.For the purposes of this paper we volition limit our analysis to three basic fiscal models, which include the Z-Score model, the discriminant model and the Black-Scholes-Merton Probability. We also divulge the application of these models in corporations.1. The Z-Score Bankruptcy Prediction ModelThe Z-score prediction model was authentic by Altman in 1968. (Grice and Ingram, 2001 p. 53). The Z-score model applies multivariate discriminant analysis (MDA) and employs financial ratios as input varyings to p redict financial distress. (Tzeng et al, 2007 p. 297). According to Grice and Ingram (2001 p. 53), Altman (1968) used a strain of 33 non-bankrupt manufacturing truehearteds from 1946-1965. Grice and Ingram (2001) assert that despite the fact that the z-score model exhibit lavishly the true rates using both estimation and hold-out samples, (95% and 84%), its generalizability to industries and periods outside(a) of those in the original sample has received little attention.This model has be widely used in a variety of industries to evaluate financial conditions of firms and it is continuously being used in many business situations including bankruptcy prediction and other financial stress conditions. Grice and Ingram (2001) carried out a screen on the z-score model based three basic tests which include the models ability to predict bankruptcy today as unlike to periods in which it was developed, the useableness of the model in predicting bankruptcy in non-manufacturing as puf f up as manufacturing firms and its ability to predict bankruptcy in financial stress conditions other than bankruptcy.Their findings show that although the model is useful in predicting bankruptcy as well as other financial conditions, the models the true is importantly lower in recent periods than that reported in the original work by Altman (1968).Grice and Ingram (2001) also find signifi canfult differences in the models coefficients from those reported by Altman. Based on these findings, Grice and Ingram (2001) suggest that better accuracy can be achieved by re-estimating the model coefficients using estimation from periods approximate to test periods. In addition Grice and Altman (2001) find that the including non-manufacturing firms in the sample, further weakens the accuracy of the model.1.1 Application of the Z-Score modelCommercial banks use the model as part of the periodic contribute review process investment bankers use the model in certification and portfolio analy sis. It has been employed as a management decision tool and as an analysis tool by auditors to assess their clients abilities to continue as vent concerns (Grice and Ingram, 2001 p. 53).2. The Black-Scholes-Merton Model.According to Reisz and Perlich (2007) following from Black and Scholes (1973) and Merton (1974), the common stock of a firm can be seen as a commonplace call option on the underlying assets of the firm. It is assumed that shareholders have sold the corporation to creditors, and hold the option of buying it back by paying face jimmy (plus interest) of their debt obligations. (Reisz and Perlich, 2007 p. 2). On the other hand, using put/call parity, we can see shareholders as holding the firms assets (bought after borrowing money from creditors) as well as a put option with exercise harm equal to the face value equal to value of debt.(Reisz and Perlich, 2007 p. 2). In the casing where the where the firm value is below the exercise price, that is, where the price o f the firm is below the face value of the debt at maturity, shareholders can freely work go away without repaying their debt obligations. (Reisz and Perlich, 2007 p. 2). This is similar to selling the firm to the bondholers at the face value of the debt. (Reisz and Perlich, 2007 p. 2). Reisz and Perlich, (2007 p. 2) asserts that such an equity-based valuation model can lead to better bankruptcy predictions.In a study by Hillegeist et al. (2004), it was found that the probabilities of bankruptcy backed out from the a Black-Scholes-Merton structural model are up to 14 multiplication more informative that ones inferred from accounting-based statistics such as the Altman (1968) Z-score. (Reisz and Perlich, 2007 p. 2). However despite the merits of this Black-Scholes-Merton model, it does not provide any rationale for observed managerial (bounded) risk choices. (Reisz and Perlich, 2007 p. 3). In addition, probabilities of default (PDs) coming from this framework are miscalibrated. (Reis z and Perlich, 2007 p. 3).3. The Mutiple Discriminant ModelMultiple discriminant analysis (MDA) is a statistical technique employed in the classification of an observation into one of some(prenominal) a priori groupings, dependent upon the observations individual characteristics. It is primarily useful in the classification and/or prediction in problems where the dependent variable appears in qualitative form for example, male or female, bankrupt or non-bankrupt. Therefore the first step is to establish explicit group classifications. The bod of original groupings may be two or more.The MDA model is expedient in that it escorts the entire profile of characteristics common to the relevant firms, as well as the interaction of these properties. Conversely, a univariate study can single consider the measurement used for grouping assignments one at a time. another(prenominal) important advantage of the MDA model is the reduction of the analysts home dimensionality. When analysing a comprehensive list of financial ratios in assessing a firms bankruptcy potential, there is reason to believe that some of the measurements will have a high degree of collinearity or correlation with from each one other. (Altman, 1968).3.1 Application of Multiple Discriminant ModelFollowing its first application in the 1930s, the MDA model has been used in many studies and disciplines. In its earlier days it was used only in Biology and behavioural sciences. Today, the model has been applied successfully in financial problems such as credit evaluation and investment classification. For example, Walter made use of the model to classify high and low price net ratio firms, and Smith applied the model in the classification of firms into standard investment categories.BIBLIOGRAPHYA market-based framework for bankruptcy prediction. Alexander S. Reisz and Claudia Perlich. Journal of Financial Stability, 2007, Pages 1-47.A real-valued genetic algorithm to optimize the parameters of suppor t vector machine for predicting bankruptcy. Chih-Hung Wu Gwo-Hshiung Tzeng Yeong-Jia gunk Wen-Chang Fang. Expert Systems with Applications intensity 32, 2007 Pages 397408BankruptcyA Dictionary of Finance and Banking. nates Smullen and Nicholas Hand. Oxford University Press 2005. Oxford Reference Online. Oxford University Press. http//www.oxfordreference.com/views/ENTRY.html?subview=Main&entry=t20.e278Bankruptcy risk and productive strength in manufacturing firms. Leonardo Becchetti and Jaime Sierra Journal of Banking & Finance,Volume 27, produce 11,November 2003,Pages 2099-2120Tests of the generalizability of Altmans bankruptcy prediction model. John Stephen Grice and Robert W. Ingram. Journal of Business Research Volume 54, 2001 Pages 53-61.Financial Ratios, Discriminant Analysis and the Prediction of Corporate Bankruptcy. Edward I Altman. Journal of Finance, Volume 27, Issue 4, September 1968, Pages 589-689.

Is marriage an outdated tradition Essay

Is Marriage an Outdated Tradition? In this essay I will be explaining whether unification Is an outdated tradition along with my trust and the ones of Christians. In my oplnlon I believe that No, marriage Is the same strong, important inter-group communication it was 100 years ago. The difference is the people who enter into it, and the way club no longer supports the couples who choose it.Weve become a need It right away society and are ready to discard whatever doesnt own us Instant happiness. Divorce has become so acceptable that couples go Into arriage with the plan to divorce If they arent satisfied (prenup) as compared to the people in our past who believed marriage was forever and were motivated to keep bunking at the relationship and to become it work. Today couples are ready to give up as soon as its not fun or the sex becomes dull.The other part of the problem Is societys drop of support for marriage. The UK benefit system Is too lenient towards those who choose to hasten children without being married therefore helping them with housing, childcare, schooling and food. The rest f the family before would be providing emotional support and pressure for the couple to work at the relationship, now its more looked at it as being only their problem and not a problem for the people around them.Today were more concerned about an individuals right to personal happiness than to supporting responsible or good behaviour-I believe a persons happiness Is extremely principal(prenominal) but peoples morals and ethics are what make them happy. I also believe the idea that something thats expenditure having is worth fighting for, having omething a long time, the pride of working at something, at pushing through the hard stuff to be able to stand up back and look with pride at having made something great, is gone.The Christians of the Catholic church teach prohibition of premarital sex along with the rejection of homosexual marriage, miscarriage and con traception but also the acceptance of everyone and equality but era all those are very Important none is what makes the bond of marriage stick. It happens when two people who are free to marry and are physically and emotionally capable of marriage give themselves o each other, catch that marriage means being open to life and commitment and to folding love till death.

Sunday, February 24, 2019

Research Paper on Drug Use Essay

medicine design in todays familiarity is something that has become too common. We render a large dowry of our population utilize medicates for numerous reasons. The stresses of our fast paced lives gouge be the reason we need drugs to keep up. We sometime take these drugs with out thinking of the upcoming consequences and risk that might be attached to them. We have to teach society of the dangers of drugs and the treatment available to quit using. We have too many commonwealth using drugs in our society today. In 1996, 50. % of eminent discipline precedentials had apply some illegal drug at some time during their feel, 40. 2% during the previous year, and 24. 6% during the previous month. This shows that at least half of the senior class in high schools use or have use drugs. These numbers ar from 1996 from then to now the number has grown drastically. If these muckle are using drugs as seniors it most evident that they will use drugs after high school. A 2006 Nat ional Survey on Drug Use and Health showed that among all youths aged 12 to 17, 6% had attempt prescription medicine drugs for recreational use in the last month. Kids as childly as 12 years old are using prescription drugs to get high this tell me that their parent are to busy to superintend them or just beart care enough to restrain them from doing so.If teenagers can use the drugs they have at home to get high how are we supposed to prevent them from using them? People dont use drugs simply for the fact to get high, but in corresponding manner to have it away with problems in their lives. When someone uses drugs to lie with with the stresses of the everyday life it is easier to develop an colony to the drug. A study based on a sample of 20,291 individuals worn-out from the community at large found that much than half of those who met the aesculapian criteria for diagnosis as drug contumelyrs also suffered from one or more mental disorders at some point during thei r lifetime. This included 28% with concern disorders, 26% with mood disorders (depression), 18% with antisocial personality disorder, and 7% with schizophrenia. round had multiple disorders. The prevalence of mental disorders varied with the drug being abused, ranging from 50% of marijuana abusers to 76% of those who abused cocaine.Almost half of the drug abusers also suffered from alcohol abuse at some point during their lifetime. People dont except use drugs get high or deal with the stresses of life, but also to deal with the problems with in them. People use drugs to move over love with their anxieties, depression and schizophrenia. With the drugs the hatful feel that the disorder they have does not exist. They consider that they are everyone else and in that respect is nothing wrong with them. Initial low-level thing with drugs may result from peer pressure, drug availability or opposite risk factors in an individuals social or family environment.many individuals use drugs to fit in with friends or to be excepted by a crowd of higher popularity than them. This happens a lot in high school with younger students being pressured by upper classmen. People sometime do things without thinking about the repercussions of their actions. Some people think that prescription drugs are safer and less addictive than street drugs. But prescription drugs are only safe for the individuals who actually have prescriptions for them. Thats because a doctor has examined these people and prescribed the right dose of medication for a specific medical condition.The doctor has also told them exactly how they should take the medicine, including things to avoid while victorious the drug such as drinking alcohol, smoking, or taking opposite medications. They also are aware of potentially dangerous side effectuate and can monitor patients closely for these. Someone might take someone elses prescription drug with alcohol not knowing that there could serious risk in doing so. For a childish mistake like mix the wrong prescriptions together a person can dead. Whether theyre using street drugs or medications, drug abusers often have headache at school, at home, with friends, or with the law.The likelihood that someone will get off a crime, be a victim of a crime, or have an accident is higher when that person is abusing drugs no matter whether those drugs are medications or street drugs. There more consequences to using drugs then just the health risk. You can be arrested for using another persons prescriptions just you can for using street drugs. Some prescription drugs such as opioids can make you hallucinate. This becomes dangerous because the person under the influence of the drug can be driving a vehicle and cause an accident putting their life and others around them in danger. 17,000 people die from all illicit drug use, Direct and Indirect a year.7,600 people die from Non- Steroidal anti-inflammatory drug Drugs Such As Aspirin a year. Peo ple dont go steady how many people actually die from drug abuse until they see the numbers. People need to think before taking drugs an realize that every action has its consequences. If your using drugs do it for the right reason not to get high to forget your problem. You might get rid of your troubles for a short amount of time but they be back when your sober. Drugs can either help you or hurt you, but you have to decide.

ITStrategy and Positioning for Volkswagen Financial Services (UK)

IntroductionThis assignment is constructed to project a case study of an exist line of occupation and analyse its IT strategy and aspect for hawkish advantage. A few hours were spent researching ideals into companies of interest to which I had to withdraw sure it fitted in line with the assignment objective. The brass that sparked my interest was Volkswagen financial hammer (UK). This was beca drug abuse they ar a large constitution which is vastly begetment year by year and have a major model in them motor industry. I also got the privilege of working inside their node experience department as a customer table service advisor.BackgroundVolkswagen financial work is a financial services provider in the Volkswagen Group. The confederation deals in a broad spectrum of automotive products including financing dealers and customers through leasing, corporate financing, vehicle fleet management to banking and insurance products. match to the 2013 report, the corpor ation has experienced a rise in the number of contracts in their portfolio from just under-8 million to over 8.8 million, a 10.9 percent rise. The counseling scorecard Chairman Frank Witter attributes this growth to a 5 percent augment in number of vehicles tilted to more than 9.7 million. The companion was also able to commit more customers with their financial services. As a chokeing financial provider for all things automotive gross revenue within the umbrella of Volkswagen pecuniary serve AG, the party has developed key strategies to hold they achieve their mission, which is to support the sales of all Volkswagen Group brands worldwide and increase customer loyalty in a sustainable manner along the entire automotive epoch economic value chain (VW FS Annual Report, 2013). Volkswagen strategy statement is based on customer-focus, pioneering and acquire things done. To ensure sustainable growth, the company pursues its strategy in trine fronts brands, merchandises and products. That is, developing sassy brands for Volkswagen Group, gear uping unseasoned trades, and developing new products in existing commercializes. Volkswagen monetary Services continue to adopt a consistent customer relationship management (CRM) strategy in its customer c ar. As much(prenominal), structures of the company and its transitiones have been aligned with customer groups and their unique strikements (VW FS Annual Report, 2013). Johnson et al (2013, p.69) describes strategy as the long-term haveion of an organisation. A clearing strategy theorist Michael doorman would refer to this as a agonistical strategy that seeks to be different from competition, by deliberately choosing a different set of activities to deliver a unique mix of value to the intended consumers (Porter, 1996, p.31). The Volkswagen Financial Services strategy dejection be considered to be based on what Porter (1996) describes as variety-based and needs-based positioning. However, V olkswagen Financial Services continual pursuance of consistent CRM strategy in customer c ar led the company to rethink its organisation structure and customer groups as aligned by the customer requirements. In attempt to support this organisational restructuring, the organisation required an IT structure to allow the company have a standard of customer selective information, standard and continuous process support right from customer support to subsequent processing and feat execution, integrating existing transaction- colligate banking system without any additional extensive conversions. In order to meet these requirements, a product and division-oriented IT environment was implemented. Core applications and systems related to transaction-related banking systems where clients accounts and contracts could be managed were implemented. The implementations of these applications and systems isolated the various specific client data from apiece some otherwise making an integral vie w much more alter and cumbersome. But the company solved this problem when they installed customer-oriented IT architecture in beat CRM for a standard customer care and SAP NetWeaverTM as a system integration platform. Although Volkswagen Financial Services whitethorn have considered this a triumph in its efforts to strengthen their CRM-oriented strategy in customer service, its not a unique strategy that tail assembly strengthen their competitive advantage given its ease of adoption by competitors or new entrants.Le Pest C for Volkswagen Financials Services In order to comprehensively understand Volkswagen Financial Services strategicalal capabilities, it is signifi shtupt to use the Le Pest C model (Brooks and Weatherston, 2002) LePestC Possible Issues at VW FS (UK)Legal data security and concealing legislations and jural challenges Economic Low profit big businessman cod to decreased consumer spending power and inability to expand to acclivitous markets policy-making VW Financial Services AG, which inevitable controls its strategic decisions making process purlieu/Ecologic Environmental pressure from regulatory authoritiesSocial diverge of consumer preferences, e.g. study shows that more consumers in europium prefer to run short via use up rather than personal cars Technological New engineering science that are believably to render the current ones obsolete and requires upgrade regularly Competitiveness rivalry from financial companies and other auto dealersLegal Data security and privacy have become serious challenges to many tradees, raising concerns with rise in good-looking data and cloud computing initiatives. Auto suppliers same Volkswagen Financial Services Company collect and store exceedingly confidential and super sensitive customer data that whitethorn be at risk from data breaches. It must be noted that the company is networked not altogether internally but also outerly through network or other telecommunication connect ivity. As such, the company needs to have a sturdy information security practices not only well documented in the form of information security policies but also ensure unappeasable adherence to ethical standards to avoid legal suits. Moreover, the company needs to develop internal ethical standards in line with their backup principles and treat it as part and parcel of the CRM strategies (Barreto, 2010). In case the company wants to use big data, it must strive to develop policy that informs the clients in advance to bind or disagree with such plans. Failure to develop such policies whitethorn attract legal suits from clients disputing the use of their personal data. The outcome of legal suits whitethorn be extremely costly to the company in terms of legal fees, unfavourable strict government regulations and reputation damage. Economic Volkswagen Financial Services Company has experience the challenges associated with the economic financial crisis that started at the onset of 20 08. Although the company considers rise in sales and number of client subscribed in the latest reports, the reduced disposable income is likely to affect the company negatively in the long run, given financial challenges bear upon its major European market. Environmental/ Ecological Auto suppliers like Volkswagen Financial Services daring various challenges in maintaining extra-regulatory compliance with contractual clauses. Some of these clauses lots require them to certify that the car parts of sale are free of asbestos, train paint, chromium, and blood minerals among other banned elements (Mintzberg, et al., 2002). These regulatory compliance requirements are meant to ensure sustainability and protection of environment. Issues such as greenhouse gases that cause global warming, and moulder management increases cost of production. Socio- heathen Studies have shown that public transport in Europe is becoming more popular than passenger cars (Tyrinopoulos and Antoniou, 2013). T his kind of finding may suggest that the change in trend is more associated with change in social preference. More significantly, the company has not managed to break into Chinese among other emerging markets with its financial services considering that Chinese consumers are money-buyers rather than quotation buyers, as noted by the companys 2013 Annual Report. This cultural barrier has affected the companys financial front in terms of sales return. Technological thither are technological challenges associated with auto and financial industries. The challenge with technology is that it changes any day, with new ideas propping up that may provide fast-moving competitors with wear competitive advantage (Maritan and Brush, 2003). VW FS (UK) is one of the companies in this celestial sphere that suffers from the technological challenges. Competitive competition from other auto suppliers is real. Although the company has gained competitive advantage with multi-brand CRM, there is lik elihood that their major competitors will do the same.strategic Capabilities of Volkswagen Financial Services (UK) Strategic capabilities of a firm are those capabilities that lead to a competitive advantage. Mintzberg, et al. (2002) defines strategic Resources and competencies as the two components that define mental imagery capability. Further, resources are those assets that an organisation own or can call upon to attending their progress. Competencies are the ability to deploy those resources effectively or to make use of the available resources to achieve a certain goal (Teece, 2007). In others words, resources are what is available and competencies are the ability to use these resources. Table Representation of strategic capability of Volkswagen Financial ServicesResources CompetenciesMachines, raw materials, products, patents, database, calculating machine systems Physical The company has the means to achieve utilisation of plant, efficiency, productivity, flexibility, mar ketingBalance sheet, cash flow, revenue Financial That company has the means to raise funds and manage cash flow, debtors, creditors, etc. Managers, employees, partners, suppliers, customers Human The company has experience, skills, knowledge, and ability to habitus relationships, motivate others and innovate. However, its yet to bring this ability to the maximum. (Brooks and Weatherston, 2002). If fully used, the above representation would lead to long term survival of VW FS, and subsequently strengthen their competitive advantage. Although the strategic capabilities should be dynamic enough, there is a clear indication that Volkswagen Financial Services is not as dynamic as required. The company should be able to recreate and renew its strategic capabilities according to the changing business environment. For example, while tangible assets, cost control, and quality maintenance are in-chief(postnominal) capabilities that the company has embraced, there are more long term capabi lities such as sensing, seizing and reconfiguring that are significantUsing renewing to prodding entrepreneurshipInnovation and entrepreneurship is about creating the new- both new products and services and new business models and organisations (Johnson, et al., 2013). Creating value for firms and customers, plan and entrepreneurship are fundamental to todays highly competitive economies. But the decision to innovate and pursue new market leads through innovation can be a hard quality for organisations as has been demonstrated by Volkswagen Financial Services attempts to enter Chinese market. The company ought to have asked various fundamental questions such as lead it be appropriate if they too pioneer in new technologies or rather be a fast follower (timing and relationship)innovation dilemma How should they counterbalance to radical innovations that threaten to destroy its existing revenues? In such a highly competitive industry, entrepreneurship is a significant aspect of any business. In other words, entrepreneurship is fundamental aspect of any business that wants to agree up with the changing business environment. Its entrepreneurship that drives innovation.Innovation dilemmaHowever there are innovation dilemmas that may affect a firms decision-making process. Many corporations face strategic dilemma on whether to innovate or note. Johnson et al. (2013,p. 239) describes innovation as the process of converting new knowledge into a new product, process or service and the putting of this new product, process or service into actual use. Another aspect of innovation dilemma face up VW FS is whether to adopt open or closed innovation. Porter (1996) describes open innovation as the process of deliberate importation and exportation of knowledge by a firm in their attempt to speed up and escalate innovation. Open innovation advocates for open exchange of ideas for promptly better products to keep ahead of competition. Closed innovation is based on a fi rms air pressure on making every innovative ideas internal, keeping everything secret from outside people. Volkswagen Financial Services Company seems to focus on closed innovation, which unavoidably limits their ability to source for ideas. There is likelihood that this limits their ability to attract external skills or innovative ideas.Technological or business model innovationMost successful and progressive innovative activities do not of necessity rely on the latest or new science or technology, but involve reorganizing into new business by combining every aspect of a business (Johnson et al., 2013). A business model describes how an organisation manages incomes and costs through the structural arrangements of its activities. For example, when Ryanair decided to adopt the ultra brazen-faced airline tickets, its business model innovation involved the generation of revenues via pass sales through the internet, thereby cutting out intermediary travel agents, while also using c heap secondary airports. Cheap airports and internet sales proved more significant than technological innovation. There are various ways of analysing a business model innovation, including the use of value chain, value net or activity network frameworks (Johnson et al., 2013). Typically, these frameworks are meant to direct managers and entrepreneurs to two primary frameworks for potential innovations The product a new business model may redefine what the product or service is and how it is produced. This concerns technology in relation to the value chain. The selling a new business model may change how an organisation generates its revenue, with implications for selling and distribution. In the perspective of Volkswagen FS, the companys value chain in terms of emerging markets has not picked up as anticipated. The emerging markets, unlike the developed markets are generally cash buyers. The company may consider using instalments compensation model to establish its value chain wi thin the emerging markets like China and India, with attractive product packages targeting the growing middle class consumers in these countries. Innovators and followers There are those who choose to lead innovations and those who follow. Barreto (2010) argue that premiere- performers often start from a positive note where because they get easy and quick sales advance(prenominal), experience fast growth and have the ability to establish the dominant positions. Examples of starting-movers who have succeeded in this line are Coca gage in soft drinks and Hoover in vacuum cleaners. However, there are many set-back-movers that have failed such as the powerful Microsoft which failed with its tablet computer launch in 2001. Nine years later, Apple swept the market with its iPad tablet computer.First-mover advantages and disadvantagesFirst-movers are generally temporary monopolies. Their advantage exists where they appear better off than their competitors as a result of being first t o market with a new product, process or service (Teece, 2009 Teece, 2007). There are five potentially more robust first-movers advantage They can build on experience in a market and benefit from the accrued market knowledge and skills They can scale faster and enjoy the early benefits They have the opportunity for pre-emption of scarce resources They can build early reputation, particularly because consumers have little mind-space to recognise new brands that follows They can exploit the buyer switching costs, by ensuring that their customers are locked with privileged or pastelike relationships that later challengers may find too costly to adopt (Teece, 2009) However, Mintzberg (2002) asseverate that there are disadvantages for being first-movers as seen with Microsofts earlier bankruptcy with tablets. First is the free-riding factor. Late movers may find it easy to imitate first movers technology and other innovations at less put down than passe-partoutly incurred by pioneers. query indicates that the costs of imitation are only 65% of the cost of innovation (Teece, 2009). In addition, late-movers have the ability to occupy from the errors made by first-movers, picking on what worked well and avoiding what did not work for their pioneer competitor. In other words, they may not make so many mistakes and be able to get it right first time unlike their pioneer competitor.Should Volkswagen Financial Services be a first or second?Managers and entrepreneurs often find it hard to choose either to be a first-mover or a follower. However, London Business school days Costas Markides and Paul Geroski argue that the most appropriate response to innovation, oddly radical innovation, is often not to be a first mover but to be a fast second (Mintzberg, 2002). A first second strategy involves being one of the first to imitate the original innovator. According to Porter (1996) there are three contextual factors to consider in choosing between innovating and imitatin g Capacity for profit capture. If a follower can imitate faster and efficiently, it can capture good profits. Its more effective where the pioneer is not able to define the boundaries for intellectual plaza Complementary assets. An organisation in possession of the assets or resources have the ability to scale up the production and marketing of the innovation Fast-moving arenas. In situations where markets or technologies are moving very fast, and especially where both are highly dynamic, first-movers are unlikely to establish a durable advantage. The incumbent can respond to new entrants into the market by adopting dissipated innovation. As has been shown earlier, lush innovation can create substantial growth by go a new performance trajectory that, even if initially indifferent to the performance of existing technologies, has the potential to become markedly superior Winter, 2003). Incumbents can follow two policies to help keep them responsive to potentially disruptive innov ation Develop a portfolio of real options and new venture units.ReferencesBarreto, I. (2010). slashing capabilities a review of past research and an agenda for the future. Journal of Management, 36 (1) 256-80. Brooks, I. and Weatherston, J. (2002). The Business Environment Challenges and Changes. NJ Prentice Hall. Johnson, G., Whittington, R., Scholes, K., Angwin, D., and Regner, P. (2013). Exploring Strategy Text & Cases. NJ Pearson Education. Maritan, C.A and Brush, T.H. (2003). Heterogeneity and transferring practices implementing flow practices in multiple plants. Strategic Management Journal, 24 (10) 945-60. Mintzberg, H., Ghoshal, S., Lampel, J., and Quinn, J.B. (2002) The Strategy Process Concepts, Context, Cases,4th Edition, Prentice Hall. Porter, M. (1996) What is Strategy?, Harvard Business Review, November- December 61-78. Tyrinopoulos, Y. and Antoniou, C. (2013) Factors affecting modal choice in urban mobility. European Transport Research Review. 5 (1). pp. 27-39. Teec e, D.J. (2009). Dynamic Capabilities and Strategic management- organising for innovation and growth, Oxford Oxford University Press. Teece, D.J. (2007). Explicating dynamic capabilities the nature and microfoundations of sustainable enterprise performance. Strategic Management Journal, 28 (1) 1319-50. VW FS Annual Report (2013). Volkswagen Financial Services AG The key to mobility. Winter, S.G. (2003). Understanding dynamic capabilities. Strategic Management Journal, 24 (10) 991-5.

Saturday, February 23, 2019

Common law Essay

A tort is the French word for a misuse. A tort is a polished wrong. A tribunaleous wrong involves a suspension of a participation owed to both(prenominal) unmatched else, as opposed to criminal wrongdoing which involves a suspension of a profession owed to society. Torts be civil wrongs an separate(prenominal) than breaches of contract and true equitable wrongs.The rectitude of torts virtue is a remainder category of civil wrongs once other wrongs argon excluded. It covers a grab bag of justiceful movements comprising much(prenominal) disparate topics as auto contingencys, dishonorable imprisonment, s place d possessor and libel, intersection point compact ( much(prenominal) as defectively designed consumer products), and environmental pollution (toxic torts).A psyche who suffers tribunal-ordered damage whitethorn be able to intake tort jurisprudence to receive alter (usu on the wholey monetary compensation) from roughone who is creditworthy or liable f or those injuries. Gener completelyy speaking, tort virtue defines what is a legal injury and what is non. A person whitethorn be held liable (responsible to settle) for others injury caused by them. Torts can be classified in a number of different ways, one is to distinguish according to stagecoach of fault, so that on that point are determinationional torts, inattentive torts, and strict liability torts.In much of the Western world, the measure of tort liability is neglect. If the suffer party can non prove that the person believed to have caused the injury acted with negligence ( deficiency of sane machinee), at the very least, tort law give non bushel ( redeem) the victim. However, tort law besides recognizes intentional (purposeful) torts and strict liability torts, which obtain when the person accused of committing the tort satisfied certain standards of intent (meaning) and/or performed certain types of conduct.In tort law, injury is defined b passagely. In jury does non just mean a physical injury, such as where Brenda was situated low(p) by a b every(prenominal). Injuries in tort law reflect each invasion of any number of individual interests. This includes interests recognized in other areas of law, such as airplane propeller rights. Actionsfor nuisance (annoying or hurting) and trespass ( wrong entering) of land can arise from interfering with rights in real property. Conversion law and trespass to chattels (personal property) can cheer interference with movable property. Interests in uniformly (possible future) economic advantages from signed savvys can excessively be wound and live on the subject of tort actions. A number of situations caused by parties in a contractual (written agreement) hu humanness relationship may still be tort alternatively than contract claims, such as breach of duties.Tort law may also be used to compensate (pay) for injuries to a number of other individual interests that are non recogniz ed in property or contract law. This includes an interest in freedom from emotional distress, privacy interests, and reputation. These are protected by a number of torts such as designed infliction of emotional distress, privacy torts, and defamation/slander (destruction of a reputation). sprinkling and privacy torts may, for example, allow a celebrity to sue a report for publishing an untrue and harmful statement about him. Other protected interests include freedom of movement, protected by the intentional tort of inconclusive imprisonment which is when you are arrested without cause.The equivalent of tort in civil law jurisdictions is delict. The law of torts can be categorised as part of the law of obligations (duties), exactly un corresponding voluntarily fake obligations (such as those of contract, or trust), the duties enforce by the law of torts apply to all those subject to the relevant jurisdiction. To comport in tortious manner is to harm anothers rights, body, pro perty or other rights. One who commits a tortious act is called a tortfeasor.Law of torts consists of some general abnegation, which can be invocationded in the court of law to get justice. Types of general defenses1) INEVITABLE ACCIDENTS1 The plea of inevitable hap is universally spoken of as a defense but is, strictly speaking, not a defense but however a self-denial of liability. For instance, in an action for bodily harm, the complainant has ordinarily to prove intent or negligence of the suspect and if he fails to do so, his injury may be express to be an inevitable accident.The burden to prove plea of inevitable accident lies on the defendant and to establish the defense, the respondent will have to establish that accident could not have been avoided by puzzle out of ordinary care and caution. Ex Rylands v Fletcher2) MISTAKE2 demerit of law is generally no defense to civil or criminal liability. Mistake of fact is a general defense under the IPC, but not to an acti on in tort. For instance, an officer who executes a warrant of arrest against the wrong man by mistake is not guilty of a crime, but he will be liable in an action for false imprisonment. Mistake would be an excuse besides in those exceptional sides where an unlawful intent or motive is an essential ingredient in liability. Ex Hollins v Fowler3) EXERCISE OF COMMON RIGHTS3 This, like inevitable accident, is really nota defense but a denial of a breach of employment or violation of rights, as where the defendant builds on his land and shuts f the begin of a refreshed house of his neighbour or opens a new shop and ruins an older rival. The defense is prerequisite on the assumption that their is a general rule of liability for intentional harm.4) VOLENTI NON FIT INJURIA4 It is also cognize as the defense of accord.Volenti non ensure injuria5It is a Latin word which office to a uncoerced person, no injury is done or no injury is done to a person who admits) is a common law te net which means that if someone willingly places themselves in a stake where harm tycoon result, knowing that some degree of harm might result, they cannot then sue if harm actually results.Volenti only applies to the adventure which a levelheaded person would consider them as having assumed by their actions gum olibanum a boxer responds to being hit, and to the injuries that might be expected from being hit, but does not bear to (for example) his opponent hit him with an iron bar, or punching him outside the usual terms of boxing. Volenti is also known as avoluntary assumption of risk.In Law of Torts, Volenti non- break injuria is an exception to liability in torts.It means Where the sufferer is willing and has the cognition , no injury is done. the teaching that denotes that a person who knows and comprehends the peril and voluntarily exposes himself or herself to it, although not slack in doing so, is regarded as engaging in an assumption of the risk and is precluded f rom a recovery for an injury ensuing at that place from.Volenti non fit iniuria (or injuria) (Latin to a willing person, injury is not done) is a common law doctrine which states that if someone willingly places with proper knowledge themselves in a do where harm might result, they are not able to bring a claim against any indemnity from the other party in tort. Volenti only applies to the risk which a reasonable person would consider them as having assumed by their actions thus a boxer complys to being hit, and to the injuries that might be expected from being hit, but does not accede to (for example) his opponent striking him with an iron bar, or punching him outside the usual terms of boxing. Or a person watching a cricket match getting hurt by the ball can be consented.No act is actionable as a tort at the suit of a person who has expressly or impliedly assented to it.In order to plead this disaffirmation, it is necessary that the complainant should have consented to phy sical risk or damage as surface as to legal risk (i.e. he will get no remedy in law).ESSENTIAL CONDITIONS Consent must(prenominal) be abandoned freely Consent must not have been given to an nonlegal act Knowledge of risk is not the same thing as consent to run the risk OR1. A voluntary2. pact3. Made in full knowledge of the nature and extent of the risk.1.VoluntaryThe agreement must be voluntary and freely entered for the defence of Volenti non fit injuria to succeed. If the Claimant is not in a position to exercise free choice, the defence will not succeed. This element is most commonly seen in relation to employment relationships, saviours and suicide.2.AgreementThe second requirement for the defence of Volenti non fit injuria is agreement. The agreement may be express or implied. An example of an express agreement would be where in that location exists a contractual term or notice.3.KnowledgeThe Claimant must have knowledge of the full nature and extent of the risk that th ey ran. The test for this is subjective and not objective and in the context of an inebriated Claimant, the gesture is whether the Claimant was so intoxicated that he was incapable of appreciating the nature of the risk.Volenti is sometimes described as the complainant consenting to run a risk. In this context, volenti can be rarified from legal consent in that the latter can pr even outt some torts arising in the foremost place (for example, consent to a medical process prevents the procedure from being a trespass to the person, or consenting to a person visiting your land prevents them from being a trespasser). Volenti in English6In English tort law, volenti is a full defence, i.e. it fully exonerates the defendant who succeeds in proving it. The defence has two main elements The claimant was fully aware of all the risks heterogeneous, including both the nature and the extent of the risk and The claimant expressly (by his statement) or impliedly (by his actions) consented t o waive all claims for indemnification. His knowledge of the risk is not sufficient sciens non est. volens (knowing is not volunteering). His consent must be free and voluntary, i.e. not brought about by duress. If the relationship between the claimant and defendant is such that there is doubt as to whether the consent was truly voluntary, such as the relationship between workers and employers, the courts are marvelous to find volenti. It is not easy for a defendant to show both elements and therefore conducive negligence usually constitutes a better defence in many occurrences. Note however that contributory negligence is a partial defence, i.e. it usually leads to a reduction of payable damages rather than a full exclusion of liability. Also, the person consenting to an act may not always be negligent a bungee jump shot may take the greatest possible care not to be wound, and if he is, the defence available to the organiser of the event will be volenti, not contributory neglige nce.In the first case (decided before the residents Liability Act was passed), a girl who had trespassed on the railroad track was hit by a train. The House of Lords ruled that the fencing close to the railway was adequate, and the girl had voluntarily authoritative the risk by falling out through it. In the second case, a student who had broken into a closed swimming-pool and injured himself by diving into the shallow end was likewise held responsible for his own injuries. The third case involved a man who dived into a shallow lake, contempt the presence of No Swimming signs the signs were held to be an adequate warning. The defence of volenti is now excluded by statute where a rider was injured as a result of agreeing to take a fosterage from a drunk car tryr. However, in a well-known case of Morris v Murray 7volenti was held to apply to a drunk passenger, who accepted a burn up froma drunk pilot. The pilot died in the resulting cskin rash and the passenger who was inju red, sued his earth. Although he drove the pilot to the airfield (which was closed at the time) and helped him start the locomotive and tune the radio, he argued that he did not freely and voluntarily consent to the risk involved in flying. The motor inn of Appeal held that there was consent the passenger was not so drunk as to fail to determine the risks of taking a lift from a drunk pilot, and his actions leadership up to the flight demonstrated that he voluntarily accepted those risks. RescuersFor reasons of constitution, the courts are opposed to criticize the behavior of rescuers. A rescuer would not be considered volens if He was acting to rescue persons or property endangered by the defendants negligence He was acting under a oblige legal, social or chaste transaction and His conduct in all circumstances was reasonable and a natural consequence of the defendants negligence. An example of such a case is Haynes v. Harwood8, in which a patrol officer was able to rec over damages after being injured restraining a bolting horse he had a legal and moral duty to protect life sentence and property and as such was not held to have been acting as a volunteer or giving willing consent to the action it was his contractual obligation as an employee and police officer and moral necessity as a human being to do so, and not a wish to volunteer, which caused him to act. By contrast, in Cutler v. coupled Dairies 9a man who was injured trying to restrain a horse was held to be volens because in that case no human life was in immediate danger and he was not under any compelling duty to act.Unsuccessful attempts to avow on volentiExamples of cases where a reliance on volenti was unsuccessful include Nettleship v. Weston10 baker v T E Hopkins & Son Ltd11).In the first case, the complainant was an instructor who was injured while teaching the defendant to drive. The defence of volenti failed i.e. because the plaintiff specifically inquired if the defendants i nsurance cover him before agreeing to teach. In the second case, a fasten went in to try torescue workmen who were caught in a well after having succumbed to noxious fumes. He did so despite being warned of the danger and told to wait until the fire brigade arrived. The rectify and the workmen all died. The court held that it would be unseemly to withstand the doctor to have consented to the risk simply because he acted promptly and bravely in an attempt to give up lives.Hall v. Brooklands Auto-Racing Club 12The plaintiff paid to enter a motor-car play track to watch races on a track own and managed by the defendants. On the evening the plaintiff was spectating, two of the race-cars collided near the barrier between the spectators and the track. The cars collided with the barrier and caused severe injury to the plaintiff and others.The defendants were held liable to pay damages by a jury who found that they had not taken reasonable precautions to protect spectators. On appeal b y the defendant, it was held that there was no picture to find the defendants had not taken reasonable precautions and that there was no obligation to ensure safeguard in all circumstances, just that reasonable precautions were taken. The defendants case was upheld.Wooldridge v Sumner 13FactsThe plaintiff, Mr. Wooldridge, who was a photographer at a horse race, was injured by the horse be farsighteding to the defendant, Sumner, which was ridden in a competition by Sumners, who was a skilled and experienced horseman.1 appreciationThe Court of Appeal held that Sumner owed no duty of care to Wooldridge in this case. As a spectator, Wooldridge accepted the risks involved in a horserace he came to watch. As a reasonable participant in the race, whichis a fast and hawkish sport, the horseman was expected to conpennyrate on the race and not on the spectator. In the course of a fast moving competition such as this one, he could be expected to make errors of judgment. As long as the dama ge was not caused recklessly or deliberately, the participant in a race could not be held liable for the spectators injuries because he was not negligent, i.e. not in breach of his duty.Dann v. Hamilton 14The Claimant was injured when she was a willing passenger in the car driven by the Mr. Hamilton. He had been drinking and the car was involved in a serious crash which killed him. In a claim for damages the Defendant raised the defence of volenti non fit injuria in that in accepting the lift knowing of his drunken condition she had voluntarily accepted the risk.HeldThe defence was unsuccessful. The claimant was entitled to damages.Asquith JThere may be cases in which the drunkenness of the number one wood at the material time is so extreme and so glaring that to accept a lift from him is like engaging in an intrinsically and obviously parlous occupation, intermeddling with an unexploded turkey or walking on the edge of an unfenced cliff. It is not necessary to decide whether in such a case the maxim volenti non fit injuria would apply, for in the point case I find as a fact that the drivers degree of intoxication fell concise of this degree. HAYNES v HARWOOD 15factsThe plaintiff, a police constable, was on duty intimate a police station in a street in which, at the material time, were a large number of people, including children. Seeing the defendants hoyden horses with a vanattached coming down the street he rushed out and eventually plosive speech soundped them, sustaining injuries in consequence, in appraise of which he claimed damages. HELD1) That on the evidence the defendants servant was guilty of negligence in leaving the horses unattended in a busy street.2) that as the defendants must or ought to have contemplated that some one might attempt to stop the horses in an endeavour to prevent injury to life and limb, and as the police were under a general duty to intervene to protect life and property, the act of, and injuries to, the plaintiff we re the natural and probable consequences of the defendants negligence.3) That the maxim volenti non fit injuria did not apply to prevent the plaintiff recovering..1 Imperial Chemical Industries v Shatwell 16Volenti non fit injuria, Latin no wrong is done to one who consents The defense that the plaintiff consented to the injury or ( much usually) to the risk of being injured.FactsThe plaintiff and his brother were were award and experienced shotfirers employed by ICI Ltd in a quarry owned by the defendant company. Part of the brothers works included wiring up detonators and checking the electrical circuits. There was an old practice where a galvanometer was applied now to each detonator for examination purposes. This practice was known to be dangerous and was outlawed by statutory regulation. The plaintiff claimed his brother was 50 per cent to blame for the explosion and the employer was vicariously liable. The plaintiff was awarded half of the total measuring rod of damages. Th e defendant appealed.The purposeThe plaintiff and his brother were both experts. They freely and voluntarily assumed the risk involved in using the galvanometer. There was no pressure from any other source. To the contrary, they were specifically warned about complying with the new safety regulations. The defence of volenti non-fit injuria will apply when there is true and free consent to the risk. Note(1) the employers not being themselves in breach of duty, any liability of theirs would be vicarious liability for the fault of J, and to such liability (whether for negligence or for breach of statutory duty) the principle volenti non fit injuria afforded a defence, where, as here, the facts showed that G and J knew and accepted the risk (albeit a remote risk) of testing in a way that contravened their employers instructions and the statutory regulations.(2) Each of them, G and J, (the brothers) emerged from their joint enterprise as author of his own injury, and neither should be r egarded as having contributed a separate wrongful act injuring the other.The defence of volenti non fit injuria should be available where the employer is not himself in breach of statutory duty and is not vicariously in breach of any statutory duty through neglect of some person of superior rank to the plaintiff and whose commands the plaintiff is bound to obey, or who has some special and different duty of care.Nettleship v Weston 17is an English Court of Appeal judgment dealing with the breach of duty in negligence claims. In this case the court had considered the question of the standard of care that should be applied to a learner driver, and whether it should be the same as is expected of an experienced driver. FactsMr. Nettleship, the plaintiff, agreed to teach Mrs. Weston, the defendant, to drive in her husbands car, after he had inquired the insurance policy. During one of the lessons, the defendant lost restrainer of the car and caused an accident in which the plaintiff was injured. The defendant argued that the plaintiff was well aware of her lack of skill and that the court should make allowance for her since she could not be expected to drive like an experienced motorist.3 JudgmentThe Court of Appeal, consisting of Lord Denning MR, Salmon LJ and Megaw LJ held that applying a lower standard to the learner driver because the instructor was aware of his incompleteness would result in complicated shifting standards. It would imply, for example, that an inexperienced doctor owed his longanimous a lower standard of care if the patient was aware of his lack of experience. The standard of care for a learner driver would be the usual standard applied to drivers that of an experienced and skilled driver. The policy consideration that contend a role in this decision was that the learner driver was covered by insurance.Over the dissent of Megaw LJ, the Court of Appeal held that the instructor was also responsible for the accident as he was partially in cont rol of the car and should only be able to recover half of his damages due to negligence. Able to recover half of his damages due to contributory negligence.Baker v T E Hopkins & Son Ltd181 Facts devil employees of the defendant company were overcome by carbon monoxide fumes in a well they were attempting to decontaminate. The plaintiff, a doctor,went in to try to rescue them even though he was warned of the fumes and told that the fire brigade was on the way. alone the three men died.2 JudgmentThe defendant company argued that the (the estate of) the plaintiff doctor should either not be compensated because the doctor knowingly accepted the risk he was taking or his damages would be reduced for contributory negligence. The Court of Appeal considered that such a suggestion was ungracious and that it was unseemly and irrational to say that a rescuer freely takes on the risks inherent in a rescue attempt. The doctors contributory negligence could only be recognized if he showed a whol ly unreasonable disregard for his own safety.3 SignificanceThis case is one of the many in which the courts have refused to hold rescuers who have suffered in their rescue attempts to have negligently contributed to their injuries or accepted the risks involved in their rescue attempt. This applies to both amateur and professional rescuers, such as fire fighters (See Ogwo v. Tailor 19)INDIAN CASESUnited India Insurance Co. Ltd. vs Guguloth Khana And Ors.20FactsOn 23-5-1991 a dray bearing No. AP 26-T-364 belonging to M/s. Amruthesh tape drive companionship started at Warangal with some load of groundnut oil legal community to go to Anakapalle in Visakhapatnam. One Ch. Mallikarjun was engaged as driver of the said dray. There was a comprehensive insurance policy for the lorry with the United India Insurance follow. When the lorry reached near Thorrur village on the way leading to Khammamm P.W.D. Road, several villagers were waiting on the road, due to lack of transport initia tionbecause of the assassination of Sri Rajiv Gandhi on the previous day (22-5-1991). Then, about 25 persons, including some children and women boarded the lorry. The lorry, after travelling about five kilometers from Thorrur village and reached near Mattedu village, the driver of the lorry applied sudden brakes whereby the lorry turned turtle, as a result of which twelve persons died on the spot and three more persons also died after they were taken to hospital. Ten persons sustained injuries. The claimants, either the injured or the legal heirs of the persons who died in the accident, have filed the O.Ps against the owner, driver and insurer of the lorry. onwards the Motor Accidents Claims homage, the driver of the lorry who was served with notices in the O.Ps remained ex parte. Before the Tribunal, owner of the lorry filed counter, denying the averments in the O.Ps, contending that the driver of the lorry was not responsible for the accident. It was contended that at the time of the accident, another lorry was coming in the opposite snap at high speed in a rash and negligent manner, and to avert accident, the driver of the lorry applied sudden brakes by taking the lorry to the extreme left side of the road. Due to unspeakable condition of the road, the lorry turned turtle resulting in fatal road accident. He also contended that he has given strict instructions to the lorry drivers not to carry passengers on their lorries.Before the Tribunal, the present appellant-Insurance Company also filed counters admitting that the lorry involved in the accident was insured with it as a goods vehicle, in which passengers are not allowed to travel. It was contended that as per the conditions of insurance policy only six persons are authorized to travel in the lorry and that the persons who traveled in the lorry were unauthorized passengers. It was contended that even if for any reason it is considered that the decedent and injured are non-fare paying passengers, th e liability of the Insurance Company is trammel to Rs. 15,000/- in case of death and lesser amount for injuries. The Insurance Company disputed the quantum of compensation claimed in the O.Ps. by therespective claimants.Issues raised Whether the accident took place due to rash and/or negligent cause by respondent No. 1? To what compensation if any, the petitioners are entitled to and if so, against which of the respondents? To what recess ?Subsequently, the issues were recast as under Whether the accident took place due to rash and/or negligent driving of the lorry by its driver Ch. Mallikarjun? Whether there were specific instructions issued to the drivers of the Transport Company that they should not carry passengers enroute and if so, on that ground that owner of the crime vehicle is not liable to pay the compensation in the claim petitions? Whether the third respondent Insurance Company is not liable to cover the risk of the deceased and injured involved in the accident under the terms of the Insurance policy, the copy of which is tag as Ex.B-1 along with the terms and conditions of the policy including Indian Motor responsibility marked as Ex. B-2? Whether the petitioners are entitled for compensation, if so, to what amount and from whom? To what relief?.Decision(a) On consideration of the oral and documentary film evidence on record, the Tribunal held that the accident has taken place due to rash and negligent driving of the lorry by its driver. The Tribunal negatived the contention of the owner of the lorry that he is not liable to pay compensation. Basing on these two findings and the medical and documentary evidence available on record, different amounts of compensations were granted to the different claimants in the respective O.Ps, who are arrayed as respondents in the appeals.(b) Aggrieved by the same, the present appeals are filed by the Insurance Company.(c) The first contention go by the Counsel for the appellant-Insurance Company is that the injured/deceased who travelled in the lorry are unauthorized passengers in a goods vehicle and the insurance policy issued is for the goods vehicle and there is no reason to fasten the liability on the Insurance Company it is a violation of policy conditions and there is no need to fix the liability against the present appellant-Insurance Company.(d) The second contention advanced by the Counsel for the appellant-Insurance Company is that the owner of the lorry got examined R.W. 1, Manager in the Transport Company, who stated that he was informed by the driver of the lorry that the injured/ deceased unauthorisedly entered the lorry, and the maxim/doctrine volenti non fit injuria applied to this case as they voluntarily entered into the lorry at their own risk and there is no reason to fasten liability on the Insurance Company.(e) In these cases, so far as the first contention of the Counsel for appellant that the claimants/respondents are travelling as a uncalled-for passenger s in a goods vehicle and not entitled for compensation and the Insurance Company is not liable to pay any such compensation, is concerned, it is contrary to the principle laid down by the Supreme Court in New India confidence Company v. Shri Satpal Singh and Ors21. . In that case, theSupreme Court considering clause (ii) of proviso to Sub-section (1) of department 95 of the Motor Vehicles Act, 1939 (Old Act) and Section 147 of the Motor Vehicles Act, 1988 (new Act), and noticing the absence of a convertible clause in the new Act, heldunder the new Act an insurance policy covering third party risk is not take to exclude gratuitous passengers in a vehicle, no matter that the vehicle is of any type or class. In view of the higher up ruling of the Supreme Court, there is no merit in the first contention of the appellant, that the injured/legal heirs of the deceased in these cases are not entitled to any compensation on the ground that they are gratuitous passengers, is without subs tance and the same is hereby rejected..i(f) Learned Counsel for the appellant-Insurance Company relied on the decision in V. Gangamma v. New India Assurance Co. wherein a learned angiotensin converting enzyme Judge of this Court held that the Insurance Company is not liable to pay compensation to the dependants of the deceased persons who are travelling in the vehicle at the time of accident as trespassers and not as passengers. The facts of that case are entirely different from that of the facts in these appeals. In the case cited, the claimants were treated as passengers on the basis of evidence of R. W. 1 (the driver of the lorry therein), who categorically stated that the claimants-therein have forcibly entered into the lorry asking him to take them to exceptional place and threatened to beat him if he does not do so. In the present cases, there is no evidence to show that the claimants/deceased entered into the lorry forcibly with any threat to the driver of the lorry. So, th e decision in Gangammas case (3 supra) is not applicable to the case on hand.The appeals was dismissed.BIBLIOGRAPHY Rmaswamy Ayers legal philosophy OF TORTS tenth edn.(by A Lakshminath &M Ssridhar) Winfield and jodowiez, TORT WVH Jogers,7th edn. 1990 3 tout ensemble ER 801 ( Court of Appeal), 1935 1 KB 1933 2 KB 297 1971 3 All ER 581 (Court of Appeal 1959 3 All ER 225 (Court of Appeal (1933) 1 KB 205 1963 2 QB 23 1959 3 All ER 225 (Court of Appeal 1988 AC 431). II (2001) ACC 392, 2001 (2) ALT 1851999 RD-SC 4111 Rmaswamy ayers LAW OF TORTS 10th edn.p.939(by A Lakshminath &M Ssridhar) 2 Rmaswamy ayers LAW OF TORTS 10th edn.p.940(by A Lakshminath &M Ssridhar) 3 Rmaswamy ayers LAW OF TORTS 10th edn.p.940(by A Lakshminath &M Ssridhar) 4 Rmaswamy ayers LAW OF TORTS 10th edn.p.940(by A Lakshminath &M Ssridhar) 5 Winfield and jodowiez,TORT WVH Jogers,7th edn.P.10576 Winfield and jodowiez,TORT WVH Jogers,7th edn.P.105871990 3 All ER 801 ( Court of Appeal),8 1935 1 KB 1469 1933 2 KB 29710 1 971 3 All ER 581 (Court of Appeal11 1959 3 All ER 225 (Court of Appeal12 (1933) 1 KB 20513 1963 2 QB 2314 1939 1 KB 5015 1935 1 KB 14616 1964 All ER 99917 1971 2 QB 69118 1959 3 All ER 225 (Court of Appeal19 1988 AC 431).20 II (2001) ACC 392, 2001 (2) ALT 1855 21 1999 RD-SC 411LAW OF TORTS prideful 29 2013 THIS RESEARCH PAPER BRINGS OUT THE APPLICATION OF VOLENTI NON FIT INJURIA, AS A VOLENTI NON FIT INJURIA &CASES DEFENCE IN TORT LAW.