Zara Incorporation as a Business Essay Example | Topics and Well Written Essays - 1500 words

Zara Incorporation as a Business - Essay Example The discourse would discuss the reasons why Zara’s business model could be disruptive to the apparel industry. Likewise, the essay would also describe how Zara’s business model is different from the others from a risk management perspective and why is this so important to Zara’s success. Amancio Ortega, considered the richest man in Spain, founded Zara in 1975 in La Coruna, Galicia, Spain. As revealed in the Zara CaseQuest (Doiron: Introduction, n.d.), â€Å"Zara is one of the most successful apparel manufacturing and retail business in the world today. They are not the biggest, but their profit margins and growth rates are industry leading† (par. 3). The task was explicitly stated as identifying what business is Zara in. To enable to accurately respond, one needs to follow the identified process with twelve distinct learning tasks, including expounding on the disruptive business model; the apparel industry business model (with Gap, as the proxy for player s within the industry); the customer characteristics of Zara; the unique customer behaviors and behavior drivers; and finally Zara’s core competencies and its distinct business model to assist in responding to the task. As a retail chain of Inditex, Zara’s major competitors were revealed as Gap, H&M, and Benetton (as shown in Exhibit 4 of the Case) (McAffee, Dessain, & Sjoman, 2007, p. 15). The case analysis would examine the business model of the apparel industry with Gap as the predominant player. Using comparative financial performance, the following bar chart would reveal the comparative performance of these firms using net operating revenues and net income within the apparel industry from 2001 to 2002: Figure 1: Inditex and Key Competitors: Net Operating Revenues in Millions for 2001 and 2002 Source of Financial Data: (McAffee, Dessain, & Sjoman, 2007, p. 15) Figure 2: Inditex and Key Competitors: Net Profits in Millions for 2001 and 2002 Source of Financial Data: (McAffee, Dessain, & Sjoman, 2007, p. 15) It can be deduced from the column charts that despite Gap’s reflecting dominance and leadership in terms of net operating revenues for both 2001 and 2002, one could observe that net income reflected in 2002 for both Inditex (Zara) and Gap are closely comparative; indicating their stiff competition despite differences in applications of business models. After reading the instructions and process outlined in the Zara CaseQuest (Doiron, n.d.), the paper is hereby presented to describe both the business model for the industry and the business model for Zara. The discourse would discuss the reasons why Zara’s business model could be disruptive to the apparel industry. Likewise, the essay would also describe how Zara’s business model is different from the others from a risk management perspective and why is this so important to Zara’s success. Zara’s Business Model Zara is a retail chain of Inditex, a multinational clothing retailer and manufacturer headquartered in La Coruna, Spain, that was founded in 1975 and designs and manufactures clothes for women, men and children according to customers’ desires. Zara eminently applies a disruptive business model, a theory originally adopted by Clayton Christensen from the concept of disruptive innovation. In Christensen’s official website, disruptive innova

Christian Perspectives on Euthanasia Essay Example for Free

Christian Perspectives on Euthanasia Essay Christian Perspectives Roger Crook captures the Christian perspective on euthanasia by posing the question in terms of how we care for the dying. What do we do for the person who is comatose with no hope of recovery How do we care for the terminally ill person whose remaining days are increasingly agonisingly painful? The Human being is not simply a biological entity but a person, in the image of God and Christ. Death marks the end of a personhood in this life. Biblical teachings prohibit killing; the Sixth Commandment states ‘You shall not kill’ – both in terms of murder and involuntary manslaughter. Life should not be violated, while the prohibition of killing seems to be a moral absolute of Christianity there are exceptions for warfare and self-defence. There are examples in the Bible where the sacrifice of life is considered virtuous ‘Greater love has no man than this: That a man lay down his life for his friends’ The Bible does not prohibit all taking of life in all circumstances, although Christians have traditionally considered taking one’s own life to be wrong Roman Catholic Perspectives At the Second Vatican Ecumenical Council, the Roman Catholic Church condemned crimes again life ‘such as any type of murder, genocide ,abortion, euthanasia or wilful suicide’ Life is sacred and a gift from God, ‘which they are called upon to preserve and make fruitful’ To take a life opposes God’s love for that person, and rejects the duty of a person to live life according to God’s plan. In the same declaration, the Roman Catholic Church made it clear that it was wrong to ask someone for an assisted death, and that an individual cannot consent to such a death: â€Å"For it is a question of the violation of the divine law, an offence against the dignity of the human person, a crime against life, and an attack on humanity’ The kind of autonomy that John Stuart Mill argues for is rejected by the Roman Catholic Church. We simply don’t have that freedom, because we are made by God for the purpose of loving God. A distinct argument is made about suffering and its role in Christian theology. Jesus died in pain on the cross, and human suffering at the end of life connects us to the suffering that Jesus felt. This does not mean that Christians should refuse to take painkillers or should actively seek pain, but it does grant suffering the possibility of having a positive effect on the individual. It provides the change that he or she may grow closer to God. Thomas Wood writes that suffering can seem meaningless, is terrible and is never sought, it is not the worst evil – it can be an occasion for spiritual growth and it can have moral effects on those in attendance. It can have meaning in the context of a life lived in faith. Protestant Perspectives Liberal Joseph Fletcher is an active advocate of the patient’s ‘right to de’ on the basis that Christian faith emphasises love for one’s fellow human being, and that death is not the end for Christians. Acts of kindness may embrace euthanasia, for instance when a human being is dying in agony, as a response to human need. Fletcher’s argument for euthanasia is essentially based around four points: 1. The quality of life is to be valued over biological life 2. Death is a friend to someone with a debilitating illness 3. All medical interventions place human will against nature and extraordinary means 4. Special equipment and unnecessary surgery are not morally required for a person who is terminally ill People are prepared to ‘face death and accept death as preferable to continuous suffering for the patient and the family’ There is no distinction between our response to a suffering animal or human. There is no difference between passive and active euthanasia as the result is the same. Conservative Represented by Arthur Dyck – he thinks an act of kindness can result in withdrawing treatment but not doing something actively to bring about death. Permitting some acts of active euthanasia, such as in the case of severely disable children, seems to be creating a class of human beings who are treated as less valued. He argues that a mentally retarded child is not dying, is not in pain an cannot choose to die. â€Å"Since killing is generally wrong it should be kept to as narrow a range of exceptions as possible’ While mercy is a moral obligation, killing is never as mercy. The term mercy killing is a contradiction and when we use the term to justify the killing of the disabled or the mentally incompetent, we fail to care for the most needy in the community, which is a fundamental moral duty. Dyck’s view is in keeping with traditional Christian thought, and most Christian theologians, which holds that active, direct help in the taking of human life is prohibited. Whereas voluntary euthanasia, self-willed by a rational, legally competent person, has ben permitted by some theologians, active euthanasia in which the person plays no role, has been condemned by the majority of Christian thinkers. The ethical approaches to the problem taken by Christians sometimes reflect a move from general principles to specific applications (the sanctity of life to the prohibition of euthanasia) and also at times the concern about the sinful nature of human beings and their unreliability at making good decisions through the use of ‘right reason’

Psychotic Manifestations as Initial Presentation of Glioma

Psychotic Manifestations as Initial Presentation of Glioma Psychotic manifestations as an initial presentation in a Glioma patient: Two Case Reports Review of Literature Abstract Psychotic manifestation as an initial presentation of brain tumor is a rare manifestation of the primary disease. A 32 years old male patient presented with auditory and visual hallucinations, delusion of persecutionand profound agitation. The patient was initially suspected as a case of acute psychosis; however on imaging work up, large central space occupying lesion (SOL) in brain was detected. Following surgical removal of the brain tumor, psychotic manifestations disappeared. The pathology revealed high grade Glioma. Similar presentation was observed in a 28 years female who first visited psychiatry department. Imaging revealed SOL in left parietal lobe. Neuropsychiatric manifestations in these patients have great bearing on the quality of life which has now become a major concern in the management of the brain tumors. Introduction Psychotic manifestations are usually not seen in primary brain tumor patients. The patient usually presents with headache, vertigo, projectile vomiting, focal neurological deficits, and seizures. Anxiety, depression, mania, psychosis, cognitive or personality changes may be present as psychotic manifestations. Patients presenting with psychosis not responding to antipsychotic treatment or having focal neurological deficits and papilloedema should be examined thoroughly to rule out space occupying lesion in brain. The main objective of this article is to highlight this type of patients who can be helped if properly diagnosed. Case Report: 1 A 32 year old male was admitted with 3-month history of auditory and visual hallucinations, delusion of persecution, and loss of recent or remote memories. During the same period patient had also become irritable and with no clouding of consciousness. He complained of headache and vertigo occasionally. Patient having no prior history of psychosis or any narcotic or drugs abuse, or any other medical complaints. Patient received antipsychotic drug for last three days with no response. MRI brain showed moderate hydrocephalus related to foramen of Monero obstruction with mild transependymal CSF seepage. Edema is also seen in the deep right frontal lobe along the ventricular margin. There is compression of the adjacent brain parenchyma. These MRI findings are compatible with central glioma attached to septum pellucidum within the right lateral ventricle, showing extension across the midline with a tomoral component in the body of left lateral ventricle. He had bilateral papillo oedema wit h out focal neurological deficits. On examination, the patient was disoriented to time and place, had poor attention, poor comprehension, recent and remote memory loss. He underwent a craniotomy and resection of tumor. There was resolution of all his psychotic symptoms soon after the operation. Case Report: 2 A 28 years old woman visited to psychiatry department for the complaints of headache, vertigo for last seven months. From last 10 days she complaints of heard sounds that someone whispering in her ears. Since last 3 days she having violent out brust with visual hallucination and develop seizures. She was given benzodiazepine with phenytoin. Response to treatment was poor. MRI brain reveled large SOL in left parietal region, findings are compatible with glioma. After removal of tumor all symptoms subside. Discussion Brain tumours are commonly associated with neurological deficits but rarely psychiatric manifestations may be seen. The cause underlying most patients presenting in this manner are functional causes such as manic-depressive psychosis, schizophrenia and substance or drugs abuse of various types. The degree to which organic causes are responsible for psychiatric manifestations is difficult to determine hence accurate diagnosis in these cases can be a diagnostic challenge. Attempts have been made to categorize brain tumors in accordance with the location of the tumor in the brain . Filley and Kelinschmidt-De Mastersreported that tumors in frontal lobe usually cause abulia, depression or personality change and tumors in the temporolimbic areas, mania, panic attacks, amnesia or auditory and visual hallucinations. [1] Uribedescribe association with schizophrenia-like psychoses to left hemispheric malfunction and affective disorders to right hemispheric malfunction. In areas, such as the in traventricular occipital lobe, corpus callosum only transitory symptoms are produced without localizing signs and tumors can grow considerably. [2] Binderdescribed a series of three cases of patients with no or minimal neurologic signs or symptoms with brain tumors, they all had tumors in silent areas of the brain. [3] Burns and Swerdlowdescribed a case presented with alterations in sexual behavior, poor impulse control, and sociopathy in an orbitofrontal tumor. [4] In some cases, symptoms can respond to antipsychotic treatments, further complicating the diagnosis. Detailed history, brain imaging, information from collateral sources become essential, when brain tumors develop in patients with established psychiatric disorders as psychiatric patients are known to have difficulties in reporting and describing their own symptoms. [5] Cognitive decline occurring during the course of brain tumour progression was reported by Taphoorn et al in his study, main objective of clinical management of brain tumor is to remove the tumor, restore neurologic functions and treatment of psychiatric symptoms. [6] Treatment modalities like surgery/ radiotherapy/ chemotherapy have good result if tumor size is small. A 9 year-old boy on MRI having tumour in the anterior third ventricle associated hydrocephalus and papilledema is presented with psychosis as the initial presentation. [7] Patient remained free of symptoms after resection of the tumor at one-year follow-up. Even more intriguing has been the reported association of posterior fossa structural abnormalities with neuropsychiatric symptoms . It is hypothesized that in these cases disruption of the cerebellar output to mesiodopaminergic areas, locus coeruleus and raphe nuclei or deafferentation of the thalamolimbic circuits by cerebellar lesions may lead to these behavioural and psychiatric changes. A 55-year-old woman with a six year history of uncontrollable complex partial seizures and severe delusions is reported to have improved following removal of a right frontal lobe mixed oligoastrocytoma or dysembryoplastic neuroepithelial tumour. [8] The anatomic site which control human behavior and emotions are believed to be the circuits of limbic system which interact with the basal ganglia and disturbances in these systems are primarly responsible for manifestations of psychiatric symptoms. [9, 10] In patients hospitalized for psychotic affective disorder abnormalities have been found in left subgenual cingulate. Schizophrenic disorder was observed in patients suffering from agenesis of septum pellucidum . Y et another study has demonstrated lateral and third ventricular enlargement as well as preferential ab circuits of the limbic system and the interactions with the basal ganglia normalities of medial temporal lobe structures including the amygdala, hi ppocampus, and the parahippocampal gyrus and neocortical temporal lobe regions in patients with schizophrenia. The positive correlation between structural brain abnormalities and mental illness has been borne out by several studies. These include ventriculomegaly and smaller temporal lobes, frontal parietal and superior temporal gyrus grey matter. Hippocampal volume reduction has been reported in schizophrenia as well as volume reduction in the parahippocampal and fusiform gyri on the left side in another study on schizophrenics. 1.Filley C M, Kleinschmidt-DeMasters BK. Neurobehavioral presentations of brain neoplasms. West J Med. 1995;163:19-25. 2. Uribe VM. Psychiatric symptoms and brain tumor. Am Fam Physician. 1986;34:95-98. 3.Filley C M, Kleinschmidt-DeMasters BK. Neurobehavioral presentations of brain neoplasms. West J Med. 1995;163:19-25. 4.Binder RL. Neurologically silent brain tumors in psychiatric hospital admissions: three cases and a review. J Clin Psychiatry. 1983;44:94-97. 5. Madhusoodanan S, Danan D, Brenner R, Bogunovic O. Brain tumor and psychiatric manifestations: a case report and brief review. Ann Clin Psychiatry. 2004;16;111-113. 6. Taphoorn MJ, Schiphorst AK, Snoek FJ, et al. Cognitive functions and quality of life in patients with low-grade gliomas: the impact of radiotherapy. Ann Neurol 1994; 36 : 48-54. 7. Carson BS, Weingart JD, Guarnieri M, Fisher PG. Third ventricular choroids plexus papilloma with psychosis. Case report. J Neurosurg 1997 Jul; 87(1): 103-8. 8. Sato T, Takeichi M, Abe M, Tabuchi K, Hara T. Frontal lobe tumour associated with late-onset seizure and psychosis: acase report. Jpn J Psychiatry Neurol 1993 Sept; 47(3):541-4. 9. Feldman RP, Alterman RL, Goodrich JT. Contemporary psychosurgery and a look to the future. J Neurosurg 2001; 95: 944-956. 10. MacLean PD. The limbic system (â€Å"visceral brain†) and emotional behaviour. Arch Neurol Psychiatry 1955; 73: 130-134.

Mama Day by Gloria Naylor :: Mama Day Gloria Naylor Literature Essays

Mama Day by Gloria Naylor Mama Day by Gloria Naylor is a fantastic novel filled with vivid imagery and intriguing characters. Naylor weaves a realistic tale, despite the fantastic events that she describes. Her characters are believable and behave like "real people". However, Naylor's greatest asset is her descriptive powers, which not only sets the scene, but enraptures readers into Cocoa's dual worlds of New York City and Willow Springs, imprisoning us with her words. The plot centers around the three main characters: Ophelia/Cocoa/Baby Girl, George and Mama Day. Mama Day is by far the most dominant personality, although we are not inside her mind the same way we are with Cocoa and George. Mama Day represents the power and resilience of nature and the town of Willow Springs itself. She seems to literally be upholding the town, and to be so indispensable, I wonder what the town will do when she is gone, left with only Dr. Buzzard as the resident "medicine man." But Mama Day seems to have no intention of leaving anytime soon. Naylor enhances the connection of Mama Day with nature by associating her with natural imagery. We always see Mama Day in her gardens, or the forest, nursing the land with her skill. She has a connection to nature, and can understand it, as seen by her prediction of the storm. Mama Day represents the last vestiges of the power of the African wise woman, a role that is dying out as society becomes more and more urban. Cocoa straddles the worlds of nature and the city. Her roots are in Willow Springs and she cannot forget that. However, we can never see her taking up the role of wise woman after Mama Day is gone. She has been too changed by the city and its disappointments and heartaches. This division causes much of the conflict between her and George, since she often lashes out when her soul is divided. George Andrews represents, of course, the world of the city. He cannot accept Mama Day's primal power, and loses his life for his lack of belief. His angry retaliation at the helpless chickens represents the urban idea of attempting to control nature. George tries to control something he can't understand, and thus pays the consequences. Each character is associated with their own imagery and language. When each of them speaks, it is with their own unique dialect.

Learning-centered Organization

In today's learning-centered business environment, focus is gradually shifted from individual performance and competition to a more congenial relationship, towards being cooperative and building excellent performance through team effort and coordination. These seemingly group-oriented characteristics of the new business environment have become the thrust of MIT's Organizational Learning Center, which specializes on the creation and development of organizations to becoming â€Å"learning organizations. This program proposes a radical change using a simple approach: by shifting the members' perspectives from being individualistic to being collectivist. This proposal is simple in that a learning organization should adapt the values of coordination and cooperation-generally, collectivism-in order to induce this radical change in perspective. In Senge and Kofman's article, â€Å"Communities of Commitment,† they explicated the roots of the creation of and necessary requirements for a learning organization. In it, they also introduced the analytical model called the Galilean Model, which effectively explains and illustrates the core principles that every learning organization should be and have. This paper posits that the pursuit for a learning- centered organization, i. e. building ‘communities' through organization-based commitments, require a deviation from the norm of today's business organizations, which are primarily individualistic and competitive, to being collectivist and cooperative for the success, mainly, not of the individual, but of the organization or community. One of the important findings from Senge and Kofman's analysis was the use of the systems perspective in explaining the importance of collectivism, cooperation, and principles of the Galilean model. As explicated by the authors, the systems perspective allows organizations and its members to â€Å"†¦ move from the primacy of pieces to the primacy of the whole, from absolute truths to coherent interpretations, from self to community, from problem solving to creating. † This passage adequately described the differences between an individualist and collectivist character of organizations. In individualistic organizations, central in it is the individual, wherein the high-performing individual is determined through competition among other individuals/members. It is also centered in conducting decision-making processes through a more general manner, rather than taking into consideration a problem and solution's effects not only in the operations of the organization, but the members themselves. Since the individualist character of organization has prevailed for a long time since the introduction of modernism, this is a tradition that cannot be easily changed and replaced, especially with a contradicting character such as collectivism. This is a challenge particularly difficult among highly-individualistic societies, wherein individuals have high self-reliance and independence. Thus, the authors invoke a â€Å"truth† that must be accepted by each member of the organization, in order to recognize the importance of learning and cooperation: â€Å"[t]o learn, we need to acknowledge that there is something we don't know and to perform activities that we're not good at. But in most corporations, ignorance is a sign of weakness temporary incompetence is a character flaw. Thus, through learning, members learn to accept the reality that ignorance and temporary incompetence will always be present; it is the role of the learning organization to remedy this problem through the learning-centered management, or by adapting the systems perspective. Systems perspective is reflected in the Galilean model, which subsisted to the following principles and characterized as follows: (1) the primacy of the whole; (2) the community nature of the self; and (3) language as generative practice. In the first characteristic of the learning organization, giving primacy to the role of all members of the organization, brought out the importance of members working together to achieve a goal or objective. It is through working as a team or group that decision-making processes become more efficient and effective, since the problem is regarded by not only the perception and opinion of an individual, but other individuals as well, who may have a different way of looking at the problem and creating a solution to it. The second characteristic of the learning organization, according to the Galilean model, is that there should be a cultivation of an â€Å"us† rather than â€Å"me† attitude. That is, the individual should learn that a task, in order to be accomplished with the highest quality and time efficiency, cannot be accomplished by him/her alone; there must also be one or more individuals making sure that the task is completed with quality and efficiency. It is through this process of coordination that work is performed efficiently, and individuals learn about their capacities and limitations as members/employees of the organization. Lastly, communication and interaction among members is an imperative endeavor that must be pursued in a learning organization. ‘Keeping communication lines open' allows members to determine how tasks are accomplished, and should problems arise, they will be able to identify immediately at what point the problem occurred in the process of completing the task or activity at hand.

The Choice by Nicholas Sparks Book Review

The Choice by Nicholas Sparks Book Review This love story from  Nicholas Sparks follows his usual easy-to-read, entertaining style, with a  Ã¢â‚¬â€¹plot that culminates in a poignant ending, producing real emotion from the reader. The lovers, Gabby and Travis, seem to be cross purposes. Even their dogs seem to be at odds, especially when her dog becomes pregnant. What choices will be made? Too Much Prologue and Epilogue? A major criticism of the novel has been Sparks use of a prologue and epilogue, each of which is in the present, 11 years after the main action. The criticism is not valid, for the prologue creates a sense of impending but unnamed doom that heightens dramatic tension in the novel. Hints are dropped. He brings flowers to his wife of 11 years at her workplace because theyd had an argument three months ago, the last time they had spoken and shared the same bed. As a child, Travis asked his father to tell him stories with a surprise ending because these were the best ones. The story then moves to when they met 11 years earlier. Travis is a single and unattached veterinarian, his life filled with friends and fun. Shes in a long-term relationship. In fact, she has moved to Beaufort, North Carolina to be near her boyfriend. Her dog brings them together. In just a few days, Gabby and Travis fall in love. She resists with all her might, but the inexorable flow of the ocean is working against her. Shortly after meeting her, Travis knew that the solitary journey hed been on for years had somehow reached its end. Both know  snap decisions  can be made, can be exactly right, and powerfully enduring. The Twist Sparks said at a reading that he always knows the twist, the surprise which ends his novels  when he begins writing. This twist will, compared to his other emotionally charged novels, unleash a torrent of tears, Niagara Falls on steroids. But, the emotion will be emotionally cleansing for it involves a choice each of us is likely to face one day. How do we meet the curveball life throws us from time to time? What choice will Travis make? This is the stuff of serious romance novels. Perhaps the most prescient comment is by a  woman at a reading who noted, Life gets turned around by someone, a catalyst, who  melts  the other persons wall. That is true here, but the catalyst is a bit surprising, even for Sparks. Why Are Sparks Novels so Popular? Readers appreciate that Sparks always provides a good story. It has a message and it flows. He seems to understand women. There is always a clear theme, but it isnt written to formula. The Movie The Choice was made adapted as a feature movie in 2016, starring Benjamin Walker as Travis and Teresa Palmer as Gabby, with Maggie Grace and Tom Welling as their other love interests and Tom Wilkinson as Travis father. It received a very poor rating on Rotten Tomatoes.

International Business Major Assignment

International Business Major Assignment Analysis of critical issues or management in a foreign business environment The expansion of businesses in the international environment has emerged as one of the competitive strategies that are used by firms. Most of the challenges that are witnessed by firms in the international business environment revolve around the issue of managing in a new business environment, which denotes variations in business culture (Arunjo, 2007). The new Chief Executive Officer, Mia Foster, has the challenge of ensuring that the company establishes itself in a totally new market.Advertising We will write a custom essay sample on International Business Major Assignment specifically for you for only $16.05 $11/page Learn More The new market has different business conditions and a totally new culture of management. However, Foster has fear that the company events are run by Chen. She fears dissolving the local culture of the company as depicted in the business dimension that was taken by Chen (Rentfrow, 2010). One reason why the company sought to expand into the international market was the shrinking domestic market, which implied a reduction in productivity (Bartlett Han, 2011). As an expansion and a competitive strategy, the entry and operation of the company in China as a new business destination was meant to help the company in regaining its competitive scale by quelling the impacts of the shrunken operations in the mother country. China had proved to be an attractive market for a number of United States’ firms that operate in the restaurant sector. During her early years of tenure as the new CEO of Levedary Cafà ©, Mia Foster was interested in monitoring and standardizing the operations of the company in China, which were being spearheaded by Chen. Foster sought for a means of ensuring that the standardization of the reporting models was done. Adopting a standard model of financial and business reporting as that used by Levendary in the mother country of operation proved to be difficult for the operations of the company in China (Bartlett Han, 2011). This is one area of challenge in international business management. It denotes the difference in business culture between the mother country and the foreign location. The entry model for any business in the international market is quite critical and determines the rate at which the company harmonizes the operations in the subsidiaries in relation to the operations in the mother firm as a way of ensuring that the conflict of management does not arise. Two issues come out in the case, which must be addressed in order for the operations of the company in China to be enhanced. The variation in business culture between the United States, which is the mother country of Levendary Cafà ©, and China which is the foreign business environment for the company comes out in two main things. These are legitimacy and conformity (Ferreira, Li Jang, 2007).Advertising Looking for es say on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More According to Ferreira, Li and Jang (2007), the two things have to be considered as they are critical to the successful operation of a company in a foreign market. The issues form part of the hybrid model of entry and operation of a firm in the foreign business environment. There is, therefore, need for Foster to allow the company operations in China to follow a model of financial reporting that goes in line with the legislation on taxation in the country. Emphasis on using a reporting model that is used in the parent country is bound to result in non-conformity with the business environment in China, thereby jeopardizing the operations of the company in the country. The attributes of a business model often change with the environment in which a business expands into. It is, therefore, critical for the Foster to discuss with Chen the aspects of change that are expect ed as far as the expansion of the company operations in China is concerned. Sticking to the parent company model can result in the stagnation of the company due to lack of adaptability to the foreign market environment. When operating in a foreign business environment, it is critical to consider the tastes and preferences of the customers in the foreign market and adopt the practices in the local market as a way of enticing and attracting customers in that environment (Hise Choi, 1995). Analysis of market prospects in China and adaptability of Levendary Cafà © in the market A study of the international business environment denotes that China is one of the fastest growing markets in the world. The scale at which the Chinese economy, and by effect the Chinese markets, is growing has kept opening space for the incorporation of foreign firms in the market. The country, therefore, presents a lot of opportunities for multinational firms from all over the world. According to the Levendar y Cafà © case, it has been noted that a substantial number of firms from the United States have successfully entered and set up subsidiaries in China. In fact, this was the guiding factor behind the decision by Levendary Cafà © to expand its operations into China. Most of the large United States multinationals in the restaurant have been able to enter and expand their operations in China through franchising (Bartlett Han, 2011).Advertising We will write a custom essay sample on International Business Major Assignment specifically for you for only $16.05 $11/page Learn More However, it should be noted that the model of business that has been used by the United States multinationals to franchise in the Chinese market is based on the foreign model that is embraced in China. This reiterates the relevance of a firm to adapt to the local business culture as a foundation of expanding business operations in a foreign business environment. The rate at which forei gn firms in the restaurant business are entering China is quite high, which poses questions over the future competitiveness of the Chinese market to multinational firms. There is one notable trend in the restaurant industry in China, which depicts a challenge to the multinational firms from the West, among them Levendary Cafà ©. The realization of the opportunities that prevail in China has attracted an array of other multinationals from within the region in the country. This raises several concerns on the operation of western multinationals in the Chinese market. Firms from the region have a higher advantage when it comes to the rate of adaptability to the business culture in China. Contrary to the multinationals from the region, a firm like Levendary is still new in the country and is still struggling to gain footage in the country by adapting to a resounding culture that will enable it stabilize its operations in China without interfering with the general business model of the c ompany. Indeed, the Chinese market presents competitive challenges to the future of Levendary Cafà © considering the fact that the market is attracting firms that have a higher competitive edge when it comes to the adaptability to the business environment in China (Bartlett Han, 2011). As noted in the case, the largest share of the restaurant sector in China is dominated by firms that serve Asian food. This is an aspect of culture, which denotes an advantage to the firms that come from within the Asian region as indicated in the case. According to Wu (2008), cultural adaptability is one of the critical sources of disadvantage for foreign firms that are operating in China. It impacts on the management of the firms in the country. Insisting on exporting the local culture into China as is being done by Foster could compound the ability of the company to withstand the competition in the market.Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More It can be argued that the best way for Levendary Cafà © to successfully expand and gain a competitive edge in the Chinese market is by pursuing a business model that allows it to make changes to its business culture. This could pave the way for the adaptability of the company to the local conditions in the market, which dictate customer trends. While some practices can be maintained, it can be argued that the path that is taken by Chen makes sense and there is only need to streamline a number of activities that are critical to the retention of the overall culture of the company irrespective of the fact that it adopts to the cultural practices and determinants in China. According to Kogut and Singh (1988), it is critical to assess the factors of compatibility in culture between a mother country and the foreign country and establish a balance in these factors where possible. This attests to the research by Gatignon and Anderson (1987), which denoted the difficulty of US multinational s in adapting to a foreign business culture in non- Anglo cultures. This is the reason why the combination of the models of business is often embraced by multinational firms by considering the cultural trends and their impacts on the competitive positioning of firms in the foreign market. Recommendations on best practices of international management The argument that comes out of the case is that Foster does not have a resounding experience in international management. The fact that she is charged with the responsibility of ensuring the company stabilizes its operations in the foreign business environment means that she has to learn a lot about the attributes of international management. Unfortunately, she has to do this at work, which is quite challenging. In her meeting with Chen, who is steering the operations of Levendary Cafà © in China, she has to adhere to a number of issues in order to be able to establish a worthwhile course for the operation of the company in China. Unde rstanding the technical aspects of the foreign business environment According to Guillà ©n (n.d.), the study and understanding of the foreign business environment are critical to the successful entry and management of a firm in the foreign market. As it comes out from the case, Chen has a substantial amount of experience about managing in China given he is a person who comes from the country and who has been able to understand the business environment in the country. International management entails the understanding of the technical aspects in foreign business environments and how they play out as far as the effect on the operation of new firms in the market is concerned. Therefore, Foster has to prepare to listen to Chen as this will enable her to comprehend the technical aspects of management in China. Chen acts as a cross-cultural consultant in this case (â€Å"Cross Cultural Solutions for International Business†, n.d.). The development of an adaptive strategy in the f oreign business environment After listening to Chen, it is easier for Foster to understand the reasons behind the approaches of business development that are taken by Chen. Though a number of ventures that had been established by Chen did not match with the model of Levendary, they had picked up in China. This proves a positive point concerning the ability of Chen to manage in China. This implies that Chen is a key resource for the company in as a far as steering its adaptability in China is concerned. It is at this point that Foster can open up and discuss about the possibility of modelling the Levendary stores in China along the models of business that are embraced in the parent country. The discussion ought to focus on the aspects of management and the models of business that can be exported by the company to China and those that need to be moulded from the foreign business environment. This attests to the concept of globalization of the business environment, where the understan ding of the culture in a given business environment is key to the establishment of a competitive business model in that market (Gunn-Graffy, 2007). Rationalization of integrating strategy in the foreign business environment An integrative response framework of international management such as the one that was developed by Prahalad and Yves in 1987 can be used in the development of a strategy that will streamline the operations of the company in China. The model by Prahalad and Yves reiterates the need to balance between the local factors and international factors that prevail in the international business environment (Guillà ©n, n.d.). Such a balance is critical in ensuring that the identity of the company is maintained even as the company adapts to the cultural factors in the foreign market. The balance between customization and the standardization of business in the foreign market has to be given priority (Lynch, 2012). References Arunjo, A. L. (2007). Multinational enterprise s in dissimilar cultural contexts: The role of global virtual teams. Proceedings of the 9th International Conference on Social Implications of Computers in Developing countries, Sao Paulo, Brazil, May 2007. Retrieved from ifipwg94.org.br/fullpapers/R0039-1.pdf Bartlett, C. A., Han, A. (2011). Levendary Cafe: The China challenge. Harvard Business School. Cross Cultural Solutions for International Business. (n.d.). Retrieved from kwintessential.co.uk/cultural-services/articles/cross-cultural-solutions-international-business.html Ferreira, M. P., Li, D., Jang, Y. S. (2007). Foreign entry strategies: Strategic adaptation to various facets of the institutional environment. Working paper no. 03/2007. Retrieved from globadvantage.ipleiria.pt/files/2012/08/working-paper-3_globadvantage.pdf Gatignon, H., Anderson, E. (1987). The multinational corporations degree of control over foreign subsidiaries: an empirical test of a transaction cost explanation. Retrieved from msi.org/publications/p ublication.cfm?pub=198 Guillà ©n, M. F. (n.d.). Understanding and managing the multinational firm. Retrieved from http://www-management.wharton.upenn.edu/guillen/files/mneconcept.pdf Gunn-Graffy, C. (2007). When in Rome, Beijing or Brussels: Cultural considerations of international business communication. Retrieved from bc.edu/content/dam/files/schools/cas_sites/communication/pdf/thesis07.gunn-graffy.pdf Hise, R., Choi, Y-T. (2010). Are US companies employing standardization or adaptation strategies in their international markets? Journal of International Business and Cultural Studies, 4(1), 1-30. Retrieved from aabri.com/manuscripts/08043.pdf Kogut, B., Singh, H. (1988). The effect of national culture on the choice of entry mode. Journal of International Business Studies, 19(3), 411-432. Retrieved from http://aib.msu.edu/awards/19_3_88_411.pdf Lynch, R. (2012). Global strategy. Retrieved from global-strategy.net/categories/Balancingglobalandlocal Rentfrow, T. J. (2010). Effectiv e leadership within a multinational environment. Retrieved from regent.edu/acad/global/publications/lao/issue_10/rentfrow.htm Wu, J. (2008). An analysis of business challenges faced by foreign multinationals operating the Chinese market. International Journal of Business and Management, 3(12), 169-174. Retrieved from http://ccsenet.org/journal/index.php/ijbm/article/download/776/751.

To the lighthouse

To the lighthouse To the Lighthouse, published in 1927 is one of Virginia Woolf's most successful novels written in a stream of consciousness style. The novel is divided into three parts, which revolve around the members of the Ramsey family and their guests during visits to their summer vacationing residence on the Isle of Skye. The central preoccupation within the novel however is not to be found within the lives of the characters, instead they are seen as being secondary to the overall grounding of the novel in the house itself. Woolf examines the actions of the characters and the passing of time from the perspective of the central symbol of the actual physical domestic space of the house.The characterization of Mrs. Ramsey, who is identified as being the guardian, or the 'angel of the house', cannot be separated from the actual physical space itself. Just as the walls and doors of the house serve to keep out and protect the inhabitants from the outside world, Mrs.Ramsey FDRamsey works to create a domestic space where she can shield the people from the effects of modern life and offer a retreat into a more natural landscape. This natural landscape however can be seen as a threat, the pounding of the waves on the surf turns from a "soothing tattoo to her thoughts" to the "ghostly roll of drums remorselessly beat(ing) the measure of life", and terrified the sound makes her think "of the destruction of the island and its engulfment in the sea"(23-24). The simple fact that sound of the pounding waves comes to her suddenly, whereas before it had been concealed by the sounds of conversations being held outside, points to the hollowness of the house.Mrs. Ramsey works to maintain the house as being a protective barrier, which can...

Mgmt 4440 Essay Example | Topics and Well Written Essays - 500 words

Mgmt 4440 - Essay Example University of Colorado mission, vision value statement says that they value their campus community, employees and their institutional heritage. It also says that they achieve organizational excellence through; A safe environment, An engaging workplace, Staff development, Teamwork and partnership, Integrity and accountability, Open and respectful communication, An inclusive community, Quality, competitive, value-added services, Innovation and continuous improvement, Environmental sustainability etc (University of Colorado at boulder: Mission, Vision, Values). When we compare the actual performance management against the vision, mission, value statements, we can conclude that most of the claims made in the mission, vision, value statements are reflected in the actual performance management system. In other words, the CU performance management process is directly connected with the employee’s performance plan and the strategic visions of the university. â€Å"The supervisors mea sure an employee’s performance contributions not only in terms of skills, competencies, and outcomes and how her/his individual position contributes to achieving the goals of the work unit, but also in terms of a positive contribution to the strategic direction of the campus† (UNIVERSITY OF COLORADO PERFORMANCE MANAGEMENT PROGRAM, p.6).

Individual Leadership Growth Reflection Essay Example | Topics and Well Written Essays - 1500 words

Individual Leadership Growth Reflection - Essay Example In this paper, I give the self-discoveries I have made from this course with regard to my growth as a leader in terms of power, coercion and management functions. Various ways exist in which to define leadership because of the variance in the meaning attached to leadership under diverse contexts. Nonetheless, the bottom line of leadership entails a focus on the processes of a group. It entails how an individual’s behavior or personality perspective interacts to cause transformation. Additionally, it entails the power relationship between the leader and the followers. Therefore, the definition of leadership as a process of an individual influencing a group of individuals so as to achieve a common objective by Northouse (2010) adequately covers all aspects of leadership. This means that in this evaluation of my leadership, I look at how I have been able to influence various groups of individuals to achieve the intended common goal. It will involve an analysis of my leadership traits and how I have used such traits to influence groups. First, just as is human nature to love power, I have sought to acquire power under various capacities that would give me the command and thus the leadership. Without power, it would be difficult for me to cause transformation in a group. After all, Northouse (2010) defines power as the capacity to influence. Without this potential, it implies that it would be difficult for me to control any group. Borrowing from the traits approach to leadership, some of my physical traits have greatly contributed to my leadership positions. Being tall and well built has always been a way in which people have opted to give me legitimate power in many groups. The most recent is the position of chairmanship of a group of a minority represented in the school. Through this power, I was able to bring about changes among the minority students, empowering them to occupy executive positions in the school’s students’ council. This way,

Promotion Plan for an Indoor Go Kart Track Essay

Promotion Plan for an Indoor Go Kart Track - Essay Example This indoor track with all its latest engineered tracks and karts is one of the finest tracks around. Go karting has been famous among the young people and the main aim would be to attract them. Advertising Printed advertising is the most effective way to reach people. Newspaper is a powerful promotional tool which reaches everyone. Advertising in newspapers is the perfect start to the campaign. It reaches most homes and has the power to attract a lot of youngsters and families. It is hugely popular among the young people since it gives amazing racing environment. A monthly advertising will keep the people interested and make them come back. Advertising will be done when there are any additional features included in the indoor track. Another powerful medium of printed advertising is magazines and journals. A number of popular magazines and journals get printed either weekly or monthly. These magazines are followed by a lot of people and are an important advertising tool. Technical, h ealth, racing and sports magazines are mostly preferred by the younger generation. Targeting these magazines and advertising in them will catch the eye of many. Discount coupons and free first ride offer will be printed along with the advertising in newspapers and magazines. Our new technology karts will be highlighted in the newspapers and magazines and the DP4 kart being the latest of all. ... With the advancements in technologies, it has become easier to reach people whenever and wherever possible. Internet and Email have now become a common medium for communication. Sending mails which highlights the features of the indoor event will attract first time customers. Emails can be sent to retain and enhance customer relationship by notifying via mails when new features are introduced and inviting them. Internet with millions of web pages is the hub for majority of people in the world. Attractive videos and images of the tracks, races conducted and the location will grab the attention of users. Videos displayed on websites related to racing, sports, games and even search engines will help in showcasing its features. Advertising on the web during live broadcasting of racing events, sports and streaming channels will get the interest of a major lot. Outdoor advertising is one another powerful promotional tool. Images of the latest karts or the upcoming races will be pasted on t he billboards to attract people. The logo of Go karts of Bowie along with its tag line â€Å"Fun on wheels† will be displayed on the internet, newspapers, magazines and bus boards to enhance reputation. Marketing collateral Marketing collateral is a term used for printed materials used to present information about your business and its capabilities, products or services (smallbusinessnotes.com). These can include brochures, flyers, charts and business cards. A personal business card is a must which will reveal our identity. It will highlight the attributes of the indoor go kart along with its whereabouts. These are used to share with people during social events, parties or during formal introductions. Brochures contents range from a wide

The Handwashing Techniques Assignment Example | Topics and Well Written Essays - 2000 words

The Handwashing Techniques - Assignment Example Using the literature I will look at and explore the factors that may have influenced the learner and their performance in Scenario One (hand washing). I will then, with reference to the literature, identify one of these contributory factors and critically discuss and analyse the mentor's role in addressing the identified factor. I will then identify recommendations for best practice. There are many definitions of assessment in the literature. According to Rowntree (1987) "assessment occurs whenever one person in some kind of interaction, direct or in direct, with another is conscious of obtaining and interpreting information about the knowledge and understanding of the abilities and attitudes of this person". Curzon (1990) defines assessment as the process of: "collection, measuring and interpreting information relating to students' responses to the process of instruction". Ewan and White (1996) define assessment as "the process by which teachers attempt to gauge student' progress and learning". Quinn (2000), states that through assessment in practice judgement is made on the quality of the learners' work, as a way of supporting the learner and of appraising their achievement of their set of outcomes. The common theme of the above mentioned definitions is measurement and progression or competence and outcome Flanagan et al (1999). From the scenario we see that t he student is being assessed formatively. It is important that the mentor is aware of the difference between formative and summative assessments. Price (2005) discusses the two purposes of assessment: Formative assessment in which the mentor is the advisor. The formative assessment is to advise the student of progress towards the goal. Summative assessment is in order to judge the learning. The purpose of the assessment in the given scenario is to observe the maintenance of asepsis. Medical Asepsis is defined as, "the procedures used to reduce the number of microorganisms and prevent their spread." [Mosby 2009]. One of the basic principles of health care that is drilled into the minds of all health care professionals from a very early stage in their training is the importance of maintaining strict asepsis in their handling of patients. The lesson is repeated so often as to become second nature for health care professionals. The reason that maintenance of asepsis is stressed upon so often in medical practice is that significant benefits can accrue from following a few simple rules. The rate of transmission of infection from on patient to another in wards and OPDs can be reduced significantly. Asepsis can also be productive towards decreasing the incidence of illness among health care workers themselves by reducing transmission of pathogenic bacteria from patients to carers. A number of rules are in practice for the maintenance of asepsis. These include specific techniques for handwashing and use of sterilization procedures for the sheets, instruments and apparatus used in relation with patients. In the chosen scenario, the student follows the instructions taught to the letter, but forgets to apply simple sense to the situation and soils her hand without even realizing what she has done. There can be a number of

Promotion Plan for an Indoor Go Kart Track Essay

Promotion Plan for an Indoor Go Kart Track - Essay Example This indoor track with all its latest engineered tracks and karts is one of the finest tracks around. Go karting has been famous among the young people and the main aim would be to attract them. Advertising Printed advertising is the most effective way to reach people. Newspaper is a powerful promotional tool which reaches everyone. Advertising in newspapers is the perfect start to the campaign. It reaches most homes and has the power to attract a lot of youngsters and families. It is hugely popular among the young people since it gives amazing racing environment. A monthly advertising will keep the people interested and make them come back. Advertising will be done when there are any additional features included in the indoor track. Another powerful medium of printed advertising is magazines and journals. A number of popular magazines and journals get printed either weekly or monthly. These magazines are followed by a lot of people and are an important advertising tool. Technical, h ealth, racing and sports magazines are mostly preferred by the younger generation. Targeting these magazines and advertising in them will catch the eye of many. Discount coupons and free first ride offer will be printed along with the advertising in newspapers and magazines. Our new technology karts will be highlighted in the newspapers and magazines and the DP4 kart being the latest of all. ... With the advancements in technologies, it has become easier to reach people whenever and wherever possible. Internet and Email have now become a common medium for communication. Sending mails which highlights the features of the indoor event will attract first time customers. Emails can be sent to retain and enhance customer relationship by notifying via mails when new features are introduced and inviting them. Internet with millions of web pages is the hub for majority of people in the world. Attractive videos and images of the tracks, races conducted and the location will grab the attention of users. Videos displayed on websites related to racing, sports, games and even search engines will help in showcasing its features. Advertising on the web during live broadcasting of racing events, sports and streaming channels will get the interest of a major lot. Outdoor advertising is one another powerful promotional tool. Images of the latest karts or the upcoming races will be pasted on t he billboards to attract people. The logo of Go karts of Bowie along with its tag line â€Å"Fun on wheels† will be displayed on the internet, newspapers, magazines and bus boards to enhance reputation. Marketing collateral Marketing collateral is a term used for printed materials used to present information about your business and its capabilities, products or services (smallbusinessnotes.com). These can include brochures, flyers, charts and business cards. A personal business card is a must which will reveal our identity. It will highlight the attributes of the indoor go kart along with its whereabouts. These are used to share with people during social events, parties or during formal introductions. Brochures contents range from a wide

Lap report Lab Example | Topics and Well Written Essays - 500 words

Lap - Lab Report Example Half value layer is often applied in radiography, this is because it is easier to remember or recall the values and simple calculation are readily performed. There are often a multiple factors the affect half value layer. These factors often brings the difference in value of HVL in different material. For the case of aluminum the following factors always affect HVL. Thickness of the aluminum attenuator, purity of the aluminum, detector material of dosimeter used. Fluctuation of x-ray output, detector location in x-ray field. Ultra high purity of aluminum always produce more accurate measures of half value layer (Edenman and Sidney). This is often different from the aluminum alloys since they have got a lot of impurity available. Although the half value of different materials was one of the important parameters for the Quality assurance and Quality control, a constant monitoring had not been performed because of measurement using the process of ionization chamber. The formulae for cal culating HVL was given by A = Ao e, Different material have got different half value layer. This brings the difference in capability in shielding of the same material. As can be seen from the table above wood have the highest half value than aluminum. The value of wood was 6.00mm while that of aluminum was 1.6mm. Half value layer was the most used factor for describing both the penetrating ability and the penetration through specific objects or material. Different shielding strength of different objects also differ when different material are used. This is evident from the first table, the Sr is different for both the aluminum and wood. There are often a multiple factors the affect half value layer. These factors often brings the difference in value of HVL in different material. For the case of aluminum the following factors always affect HVL. Thickness of the aluminum attenuator, purity of the aluminum. These factors are

The Handwashing Techniques Assignment Example | Topics and Well Written Essays - 2000 words

The Handwashing Techniques - Assignment Example Using the literature I will look at and explore the factors that may have influenced the learner and their performance in Scenario One (hand washing). I will then, with reference to the literature, identify one of these contributory factors and critically discuss and analyse the mentor's role in addressing the identified factor. I will then identify recommendations for best practice. There are many definitions of assessment in the literature. According to Rowntree (1987) "assessment occurs whenever one person in some kind of interaction, direct or in direct, with another is conscious of obtaining and interpreting information about the knowledge and understanding of the abilities and attitudes of this person". Curzon (1990) defines assessment as the process of: "collection, measuring and interpreting information relating to students' responses to the process of instruction". Ewan and White (1996) define assessment as "the process by which teachers attempt to gauge student' progress and learning". Quinn (2000), states that through assessment in practice judgement is made on the quality of the learners' work, as a way of supporting the learner and of appraising their achievement of their set of outcomes. The common theme of the above mentioned definitions is measurement and progression or competence and outcome Flanagan et al (1999). From the scenario we see that t he student is being assessed formatively. It is important that the mentor is aware of the difference between formative and summative assessments. Price (2005) discusses the two purposes of assessment: Formative assessment in which the mentor is the advisor. The formative assessment is to advise the student of progress towards the goal. Summative assessment is in order to judge the learning. The purpose of the assessment in the given scenario is to observe the maintenance of asepsis. Medical Asepsis is defined as, "the procedures used to reduce the number of microorganisms and prevent their spread." [Mosby 2009]. One of the basic principles of health care that is drilled into the minds of all health care professionals from a very early stage in their training is the importance of maintaining strict asepsis in their handling of patients. The lesson is repeated so often as to become second nature for health care professionals. The reason that maintenance of asepsis is stressed upon so often in medical practice is that significant benefits can accrue from following a few simple rules. The rate of transmission of infection from on patient to another in wards and OPDs can be reduced significantly. Asepsis can also be productive towards decreasing the incidence of illness among health care workers themselves by reducing transmission of pathogenic bacteria from patients to carers. A number of rules are in practice for the maintenance of asepsis. These include specific techniques for handwashing and use of sterilization procedures for the sheets, instruments and apparatus used in relation with patients. In the chosen scenario, the student follows the instructions taught to the letter, but forgets to apply simple sense to the situation and soils her hand without even realizing what she has done. There can be a number of

Lap report Lab Example | Topics and Well Written Essays - 500 words

Lap - Lab Report Example Half value layer is often applied in radiography, this is because it is easier to remember or recall the values and simple calculation are readily performed. There are often a multiple factors the affect half value layer. These factors often brings the difference in value of HVL in different material. For the case of aluminum the following factors always affect HVL. Thickness of the aluminum attenuator, purity of the aluminum, detector material of dosimeter used. Fluctuation of x-ray output, detector location in x-ray field. Ultra high purity of aluminum always produce more accurate measures of half value layer (Edenman and Sidney). This is often different from the aluminum alloys since they have got a lot of impurity available. Although the half value of different materials was one of the important parameters for the Quality assurance and Quality control, a constant monitoring had not been performed because of measurement using the process of ionization chamber. The formulae for cal culating HVL was given by A = Ao e, Different material have got different half value layer. This brings the difference in capability in shielding of the same material. As can be seen from the table above wood have the highest half value than aluminum. The value of wood was 6.00mm while that of aluminum was 1.6mm. Half value layer was the most used factor for describing both the penetrating ability and the penetration through specific objects or material. Different shielding strength of different objects also differ when different material are used. This is evident from the first table, the Sr is different for both the aluminum and wood. There are often a multiple factors the affect half value layer. These factors often brings the difference in value of HVL in different material. For the case of aluminum the following factors always affect HVL. Thickness of the aluminum attenuator, purity of the aluminum. These factors are

Fourth Amendment Exceptions Summary Essay Example for Free

Fourth Amendment Exceptions Summary Essay The Fourth Amendment of the United States Constitution requires that no search or seizure shall be carried out unless a warrant has been issued. The exceptions are: searches with consent, frisks, plain feel/plain view, incident to arrest, automobile exceptions, exigent circumstances and open fields, abandoned property and public place exceptions (Harr, Hess, 2006, p. 219). Consent to search any property must be given by t actual owners or, as set forth in the United States v Matlock (1974) by a person in charge of that property. If, for instance more than one person owns a property, only one of those individuals must give consent. There are exceptions to that rule as well. Only commonly shared areas of that property may be searched (Harr,Hess, 2006). Take for instance a family living in an apartment which comprises of a husband, wife and sister to the man. The sister would give consent for common areas, such as the living room, den, kitchen, and bathroom, to be searched and she cannot give consent to allowing the bedroom of the brother and sister in-law to be searched. The husband, on the other hand, could consent to having the bedroom searched because it is there joint bedroom and is not off-limits to him. Other conditions on the searches incident to arrest exception include the use of force, the search of other individuals with the arrested individual, searching the vehicle of an arrest person, contemporaneousness and inventory searches if a government agent has probable cause to believe the vehicle contains contraband or evidence of a crime without a warrant because in the time it would take to get a warrant, the car, driver and contraband or evidence could be long gone (Harr, Hess, 2006. p. 231). The 1981 case of Robbins v. California saw the justifications for searching without a warrant. Those specifications include that the mobility of vehicles produce exigent circumstances.

Example Answers to Questions on Culture in the Loreal Group

Example Answers to Questions on Culture in the Loreal Group The LOreal group has been the market leader of cosmetics and the beauty industry. The products it mainly sales are in the fields of cosmetics including, hair color, makeup products, skin care products, perfumes etc. Company has also launched its several products in the field of dermatology and pharmacy. The sales and profits are maintained through its wide range of professional consumer luxury and active products showing a strong through it. It was founded in 1909 by Eugene Schueller and soon it grown into worlds largest company in the industry. The turnover of the company has grown over 19 billions euros with over 11 percent of growth which considerably indicates the success of marketing strategies of LOreal group. The company market over 70 international brands along with a number of local brands made specifically for the country it is marketing with the same international standards and flexibility according to the local needs and requirements that are to be sold to both men and wo men over 150 countries. The company has shown enough growth in the continents of North America and Western Europe with its outstanding performance of twice the market trend growth of the markets of Asia pacific, Eastern Europe, Latin America, Africa and Middle East. The global marketing efforts of the company with its smart selling efforts brought the tremendous amount of success for it. The differences between the different cultures and the needs of the native people of those different cultures have been quite successfully understood by the companys marketing personals. To understand and to answer the cosmetic requirement of the different types of people in the world the company has setup its five worldwide research and development centre which are established in the different continents like 2 in France, 1 in the US and 1 in Japan and 1 in China in order to make the products manufacturing managed according to the needs of different culture. LOreal group has successfully projected itself as a nice example of a good multi national corporation that manages its profit with considerable success through the competitions in the markets surrounded by the various geographical, social, economical and cultural risks. The company reached out to the variety of the customers with different economic status and cultural background in overall different perception through its fine global branding strategies. Through its selling of different products the company sold different genre of products like Italian elegance, New York street smarts, French beauty, etc through different global branding methods. In this report we are asked to discuss about different global marketing strategies adopted by LOreal group and how much the company is successful in understanding the different cultural distinction in the different international market. (LOreal Group) Part 1 COMPANYS GLOBAL MARKETTING STRATEGIES The famous LOreal group utilized its global marketing strategies to its extreme extent in order to show and generate the great growth opportunities in a very elegant way. The company is known for and has always been imposition of its customers as a supreme elegant French product with smart prices and superb packaging. The general belief of the management of the company is about the basic existence of two different dominative beauty cultures which are French and the American .This has been a major reason behind the company to setup two headquarters one in the Paris and one in New York. These two countries are culturally far different in terms of the background of the people, the mind set of the society and the creative background of their culture. The company even laid down the establishments of the different brands as the part of same organization in competition to each other in the field of marketing but takes the research and developmental part in the collaboration as suggested by marketing head of the LOreal, Owen Jones. He suggested and implemented various smart and innovative marketing strategies that stimulated the creativity in his department like moving around the streets of the local market to explore and analyze the needs and expectation of the product in the point of view of the native customers so that the product can be designed and marketed accordingly. The decisions over the marketing strategies in the headquarters of the LOreal group are made after consulting examining and having the proper insight of the local markets while delivering with the touch of international standards maintained giving the feel of the popular method of implementing the global along with the local satisfaction .The LOreal effectively focused on the international scale with its revolutionary which brought lot of success to the company across many countries and continents. The growth of the company in countries like India , Mexico , Malaysia , few African countries was alo ng with its immense success in its homeland of Europe and America also with its appreciative expansion in the tough markets of china and Japan which was quite significant and miles stones .The main problems faced by the marketing teams of the company in the countries in which LOreal has not been that successful as compared to other parts of the world like japan and china where there are strict health related rules and regulations and the complex distribution of markets is the considerable example may be that of Japan which is the second largest cosmetics market in the world .The company very well shouts its global presence with its subseries factories and manufacturing units and selling outlets all across the various continents of north America , Europe , Asia and Africa. To support this fact with the data and the statistical requirement the company has 18 subsidiaries and 8 factories in the continent of north America ,169 subsidiaries and 22 factories in the countries of Europe, 29 subsidiaries and 5 factories in Latin America ,23 subsidiaries and 4 factories in south Asia and with its extension in Australia, middle east and many other African countries as per the information available according to the data at the end of the 20th century. The global brands of lOreal includes the LOreal itself the Garnier ,Lancome ,Biotherm ,vichy, Maybelline ,Redken, Ralf Lauren , Goirgio and Helena which are being launched in different types of markets of the world for the different types of people in the world. The company also adopted famous marketing policy of acquiring the market through acquisition policies .This not only helped the company to settle in the overseas market but also to expand and become its leader. Some of the popular acquisitions of the LOreal group include the acquitted companies like body shop, soft sheen, matrix, etc. To summarize the overall marketing strategy the company has to maintain the standardization globally as well as to have the scope of local optimization as per the needs and requirements of the different cultures existing all round the globe. The company always had some standard product with incomparable core features and the most importantly its scope of being coupled up with the optimization required with the products in order to maximize its local response by the native customers by making adjustments in the features of products with its prices without compromising with its international brand value and quality. These were the major reasons behind the companys emergence as the global leader of the cosmetic market for different cultures and hopes of the beauty of the local men and women worldwide. BASIC CORPORATE CULTUER IN THE COMPANY The culture of any company described is in the basis of how it handles the individuals operating in the group and manages its diversity in its very own style , its own working conditions, hierarchy and the general involvement .The LOreal has been adopting nice effective policies to not only handle the personal but also the professional activities of the individual employees through different methods like motivational rewards, training and education , employees appraisal through different schemes etc. The company takes the talent development and understanding of the corporate culture by its employee as one of its responsibilities. Company allows the employees to be geographically mobile, provide high working cadencies and various other French benefits. The career development of the employee are maintained through the rewards like the rise and pain ,internal promotions, in transfers options it also conducts the activity like bi-development interview and even hence established several m anagement development centres as well. The annual expansion plan of the individual with the company is done through interviews , evaluation of the annual performance, taking into the consideration their need and professional aspiration, the coordination and communication between the employees and the employees with the top level management is effectively maintained inside the organization, the external communication with the customers with the market is done through effective brand managing with the help of press and media and having the well customer care management to resolve any issue that may arise. With the use hierarchal way of communication among the employees of the organization, the relations among them is maintained and also the internal conflicts is resolved through effective management. Emails are one of the most important ways of communication for day to day disposal of information and the general purpose to convey information with the employees of the company. The comp any promotes its brand through its effective way of external communication through press, electronic media, web promotion, etc it also maintains its brand image through promotional campaign done through sponsorships. There are various clubs and communities within the company that are established to maintain the better relationship between the employees .The company also very effectively follow the customer responsive culture .The proper internal and external functioning of the company is handled by the strong cultural backgrounds of its ethics and principal. The company has developed an embracing culture which has short procedures for doing the work which not only provide the purpose of less wastage of time and energy but also gives the feeling of independence and autonomy to each of its employees .The oral communication is considered better than the written procedure in order to have flexibility in work but it also provides a type of ease to solve any conflicts if they arise. The company very well handles its diversities in its team and the clients which is reflected through its successes at every level .The company serve his products to many cultures according to the requirement of any culture through its dedication and proper understanding. The management adopts such policies so as to utilize the working capabilities of its employees to its maximum extent. Sometime the pressure on the employees also builds up but overall they work their according to the individual perception. THE CORPORATE STRUCTURE OF THE COMPANY The companies like any other multinational company with a high prestige consist of board of directors, management committees and the stockholders. The board of directors as the governing body including fifteen members. The present members belonging to core committee are : jean paul Agon, Francisco Basco, Werner Bauer, Liliane Bettencourt, Francoise Meyers, Peter Brabeck, Charles Fillipi, Xavier Fontanet, Bernard Kasriel, Marc Lacharrier, Jean Meyers, Lindsay Owen-Jones, Franck Riboud, Annete Roux and Louis Schweitzer. The management committees have different committees responsible for administrating the different departments. The committee includes Jean-Paul Agon as Chief Executive Officer, Beatrice Dautresme as EVP of corporate communications, Christian Mullieze as EVP of finances, Fredrick Roze as Chief Executive Officer of LOreal USA, Jean Grollier as EVP of RD, Jean Lebel as the president of consumer products, Nicolas Hieronimus as the president of professional products, Geoff Sk ingsely as EVP of Human Resources and Marc Menesguen as the president of Luxury Products. The major stockholders of the company are Bettencourt family, Nestle, treasury shares and the others holded by the general public for the trade. The distribution of the shares are the Bettencourt family acquiring the 31 per cent of the companys share, 29.8 percent of the shares are acquired by nestle , 2.4 percent shares reserved for the treasury for the future and the remaining 36 percents of the share available in the market for the general public trade. Part 2 DEALING WITH THE DIFFERENT CULTURES OF THE WORLD As described by the famous author Schein, the culture in reference to the corporate world is the different corporations learning that is developed by different discoveries, invention and the development for handling the internal and the external issue effectively .These learning and development should be successful enough to be passed and taught to the coming and joining employees for handling such affairs in the future .He also remarked the famous quote ,the culture has a same meaning to the group what personality has to with individual. Also it is well understood in the current era of global market that a successful multinational company has to have an in-depth knowledge of the environment and the different cultural background of the different countries and regions in which it is operating to have a considerable amount of success. As a world leader in the field of cosmetics and beauty industries, the LOreal group is always up with the blend of beauty with the design of products by intense research in science and technology with a tinge of innovations .The company has been selling its products to the men and women to more than 130 countries based on different cultures, different mindsets and with the different perceptions to evaluate its products. For surviving in these diversities, the company has to take innovation and quality management as one of its major requirement for its product manufactured. The company sells the most advanced product in each and every country it is serving independent of any culture it has to serve .Being present in any country the company always gives the credits to its employees to build the LOreal a leader in the beauty and cosmetic Industry of the country by their unequal and unparallel talent and ambition in doing so. As described above the company has opened its subsidiaries and research centers factories etc all around the globe with the vision of having some standardized ethics and principles along with scope of flexibility t o adopt the different cultures for its employees and customers to maintain its brand value at the international level. The four different cultures that can be taken under the consideration can be that of USA, India, Canada and China which can describe how well the company has been successful in dealing up with the cultures which were entirely different in many perspectives. The LOreal USA which is based in New York has worked successfully well to sell its products mainly related to hair color, hair care, skin care, skin care, fragrances and the color cosmetics in the consumer and the professional markets. The major causes of the success of the company had been its progressive research and development of the new and innovative products, high amount of the dedication shown by its employees and the well distributed marketing of its products. The company also did some success providing acquisitions for example that of the Maybelline, Soft Sheen, matrix, etc. (LOreal USA) The LOreal group in the country of India succeeded with its objective of focusing all its energy and know-how of the Indian requirement which it used during the manufacturing of the products and then its selling through effective Indian style marketing strategies. The company provided the Indian men and the women with its all new and innovative products with latest advancements developed in its research and the development centers. The company gives the credit to its more than 600 employees who worked with all the devotions to build the LOreal India with all success in beauty and the cosmetic market in India. (LOreal India) The LOreal China had entered into the Chinese market in 1996 with all efforts to provide the customers in China their desired cosmetic requirements but providing its key products of international quality and some especially made products suiting the Chinese skin, hair, etc. The company did very well in adopting the local marketing strategies by coming up with the products like that of whitening and the anti-aging creams, etc. The LOreal group performed extremely well in the country of Canada with same commitment of innovations, best quality products and its effective marketing and distribution. The company launched its 25 prestigious brands to overcome the high amount of beauty and cosmetic needs of the people of this country. There are 1200 employ ees working in LOreal Canada with the same dedication and devotion for the profits of the company. THE IMPORTANCE OF UNDERSTANDING THE CULTURAL DISTINCTIONS For any of the successful MNC, it is very essential to understand the different cultural distinctions between the different cultures. The selling of same kinds of products in the markets that are entirely different in terms of their cultural backgrounds has always proven to be quite a tough task. Also, the product or services should not violate any rule or regulation based on the culture of the country it is operating. The promotional campaigns and the mode of the advertisements also should be designed according to the cultural background of the region it is going to be launched or shown. If these things is not taken into the marketing strategy, the product which had been very much successful in one country, may even fail in the other. The local branding strategies, management of the human resources, etc all should be decided and implemented while taking into account the cultural distinctions on whose basis its applicability and the feasibility has to be decided. The same reward sche mes, motivational methods, desired working environments, etc also cannot be the same for different employees working for the company in the different nations and thus it also needs the understanding of different aspects of the impacts of the cultural differences. For good relationship of foreign supervisor with its subordinate local employees, the cultural understanding of both becomes an essential object. When it comes to the market, the customers with entirely different cultures have a different perspective of looking the product and deciding its feasibility for them which depends upon their general mindset, price tags, quality and features required as per the natural climate, and its importance for them as an individual.

Family Therapy Involving an Alcoholic Parent Essay -- Counseling/Thera

One in five adults can identify with growing up with an alcoholic relative and Twenty-eight million Americans have one parent abusing or dependent on alcoholic (Walker, & Lee, 1998). There are devastating and ubiquitous effects of alcoholism, which vary from psychological, social, or biological problems for families. Counselor’s treating this problem all agree that the relationships within a family, especially between a parent and a child is one of the most influential within a system, but what are the effects on the family when a parent is an alcoholic? Contemporary research has found there is a higher prevalence of problems in the family when alcohol is the organizing principle. In addition, there is copious research on the roles of individuals within the family becoming defined into specific categories, and evidently, the roles may become reversed between the parent and the child. This topic of functional roles in alcoholic families will be analyzed and investigated further. Family therapy has had substantial results in the treatment of an alcoholic parent. These results will be discussed more along, with the literature examining the existing research related, to specific interventions and treatments in family therapy with an alcoholic parent. Before research on the treatment is illuminated on distinctive therapies, it is crucial for counselors facilitating family therapy to comprehend the literature on the presenting problems commonly, associated with alcoholic parents and the effects this population has on their families. Furthermore, the adverse outcomes an alcoholic parent has on their children and spouses has been researched and reviewed. Children of Alcoholics (COAs) Negative Outcomes Parental alcoholism has ... ...temporary Family Therapy: An International Journal, 24(2), 371. Copello, A., Velleman, R., & Templeton, L. (2005). Family interventions in the treatment of alcohol and drug problems. Drug & Alcohol Review, 24(4), 369-385. doi:10.1080/09595230500302356 Steinglass, P. (2008). Family Systems and Motivational Interviewing: A Systemic-Motivational Model for Treatment of Alcohol and Other Drug Problems. Alcoholism Treatment Quarterly, 26(1/2), 9-29. doi:10.1300/J020v26n01_02 Liepman, M. R., Flachier, R., & Tareen, R. (2008). Family Behavior Loop Mapping: A Technique to Analyze the Grip Addictive Disorders Have on Families and to Help Them Recover. Alcoholism Treatment Quarterly, 26(1/2), 59-80. doi:10.1300/J020v26n01_04 Chan, J. G. (2003). An Examination of Family-Involved Approaches to Alcoholism Treatment. Family Journal, 11(2), 129-138. doi:10.1177/1066480702250149 Family Therapy Involving an Alcoholic Parent Essay -- Counseling/Thera One in five adults can identify with growing up with an alcoholic relative and Twenty-eight million Americans have one parent abusing or dependent on alcoholic (Walker, & Lee, 1998). There are devastating and ubiquitous effects of alcoholism, which vary from psychological, social, or biological problems for families. Counselor’s treating this problem all agree that the relationships within a family, especially between a parent and a child is one of the most influential within a system, but what are the effects on the family when a parent is an alcoholic? Contemporary research has found there is a higher prevalence of problems in the family when alcohol is the organizing principle. In addition, there is copious research on the roles of individuals within the family becoming defined into specific categories, and evidently, the roles may become reversed between the parent and the child. This topic of functional roles in alcoholic families will be analyzed and investigated further. Family therapy has had substantial results in the treatment of an alcoholic parent. These results will be discussed more along, with the literature examining the existing research related, to specific interventions and treatments in family therapy with an alcoholic parent. Before research on the treatment is illuminated on distinctive therapies, it is crucial for counselors facilitating family therapy to comprehend the literature on the presenting problems commonly, associated with alcoholic parents and the effects this population has on their families. Furthermore, the adverse outcomes an alcoholic parent has on their children and spouses has been researched and reviewed. Children of Alcoholics (COAs) Negative Outcomes Parental alcoholism has ... ...temporary Family Therapy: An International Journal, 24(2), 371. Copello, A., Velleman, R., & Templeton, L. (2005). Family interventions in the treatment of alcohol and drug problems. Drug & Alcohol Review, 24(4), 369-385. doi:10.1080/09595230500302356 Steinglass, P. (2008). Family Systems and Motivational Interviewing: A Systemic-Motivational Model for Treatment of Alcohol and Other Drug Problems. Alcoholism Treatment Quarterly, 26(1/2), 9-29. doi:10.1300/J020v26n01_02 Liepman, M. R., Flachier, R., & Tareen, R. (2008). Family Behavior Loop Mapping: A Technique to Analyze the Grip Addictive Disorders Have on Families and to Help Them Recover. Alcoholism Treatment Quarterly, 26(1/2), 59-80. doi:10.1300/J020v26n01_04 Chan, J. G. (2003). An Examination of Family-Involved Approaches to Alcoholism Treatment. Family Journal, 11(2), 129-138. doi:10.1177/1066480702250149

The First World War (WWI) :: World War 1 I One

Industrial Revolution   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Great Britain is where the Industrial Revolution all started. The Industrial Revolution took place and started in Great Britain because at that time they were one of the most powerful nations that was being developed. The Industrial Revolution was a time of great economical and technical growth and change in Britain eight-tenth and nine-tenth centuries. In the mid nine-tenth century Britain had become the center workshop of the world ! England began exporting simply products that led to Imperialism. Imperialism is the process in which rich and powerful nation seek out little UN-industrialized countries and try to gain control and influence their people. The power of the British especially influenced the diplomatic and economic values of each of the smaller countries it took control over. The countries that were most influenced by the Industrial Revolution were Africa and Asia. The Industrial Revolution spread to these because they went there looking for more materials to trade with other countries. The British went to these smaller countries to trade, they found that the counties that they went to trade with were very weak in nature. When the British got to these counties they soon took over their ports and set up markets over seas. One of these counties was Africa. The raw materials that they went to go obtain from Africa were gold and diamonds. When the British arrived in Africa they saw that the port was weak and took it over. With the ports now under British’s control they could come and go as they pleased in and out of the country and trade very inexpensively trough-out the county. Also with the control of the ports the British’s ideas were spread quickly. The people of Britain began to take a small role in politics in South and Southeast Asia. Imperialism systems were arranged according to the policy of across sea merchants. .The reason why the British countries were so successful is because the in taking over these small un-industrlaized countries is because Britain was the most powerful county at that time and due to its economics and technology it was easy for them to influence these small UN-industrialized countries. Because these small countries had no other major influences of any other great or powerful powerful nation they were subjected to the power of the European nations.

Partnership Law Assignment

Introduction and Issues The facts presented here indicate that a partnership has been set up between three individuals and that there is a partnership agreement in place to deal with the operation of the business. Several factual situations have arisen and this will require the partners to look at the agreement entered into between the parties, as well the statutory provisions that are contained within the Partnership Act 1890 (PA). When looking at the situations being presented here, it is recognised that there is a partnership agreement in place and this would need to be seen in its entirety, in order to advise fully. Based on the above, this discussion will look at the facts presented and the extract of the agreement, alongside the statutory provisions, in order to determine ultimately the way in which the various issues raised can be dealt with. This will depend on a combination of the statutory provisions and anything that may be in a partnership agreement. As the partnership agreement has not been see n, the basis of this advice is that the partnership agreement is in keeping with the statutory and common law provisions. Four key issues have been identified and will be discussed in turn. Firstly, there are queries in relation to the potential appointment of either Tina or Helen, both of whom are related to Andrea and for slightly different reasons she wishes them to be included in the partnership. Secondly, there is a question in relation to the potential expulsion of Julia from the partnership. Thirdly, a suggested arbitration clause has been requested and is contained below. Finally, there is the query of the liability of Michael to the supplier and his relationship with the partnership and the supplier, i.e. whether he was acting as an agent. Therefore the supplier could legitimately bring an action against the partnership for the money owed or the question as to whether Michael would be liable personally. Appointment of Tina and / or Helen There are duties placed upon partners by virtue of their entering into partnership arrangements. These are stated in the Partnership Act 1890. Firstly, there is the duty to act in the utmost good faith towards the other partners. Secondly, there is a duty for the partners not to make a personal profit and not to place themselves in a position when the interest conflicts with their duty. As there are three partners within the current partnership arrangements, a majority i.e. two of the partners would be able to agree the inclusion of another partner. In principle, therefore, if Catherine remains unhappy about the proposition, she alone could not block this appointment. It is however argued, particularly in the case of Tina, that Andrea is acting in breach of her fiduciary duties to the partnership by attempting to include Tina, simply so that the partnership could remain within her family, in the future. There is a strong argument that putting Tina forward is a conflict of interest an d therefore should not be allowed by virtue of the Partnership Act. Therefore, Catherine could present this argument, even if she remains in a minority. The position in relation to Helen is somewhat more complex, as it could be argued to be in the partnership’s best interests to recruit a much needed bookkeeper who is suitably qualified. As it would seem that Andrea and Julia would vote in favour of including Tina and Helen in the partnership, it would then be up to Catherine to argue that Andrea is acting in breach of her duties. It would be considerably easier for Catherine to prove this in the case of Tina who seemingly has no purpose in the partnership save as to further Andrea’s interests. In reality, however, it would be necessary to look at the provisions of the partnership agreements, in order to ascertain what would happen in the event of a dispute. The ultimate sanction for a partnership that is no longer tenable is the winding up of the partnership and this may not be desirable to any of the partners (section 26). In that case, consideration should be given to any arbitration of the possibility or the opportunity of one party to buy another out. It is not clear what provisions are contained within the partnership agreement for this and therefore the rules established in the Partnership Act 1890 prevailed on the partnership, with the danger of being wound up, if no agreement can be reached. It is also noted that, in accordance with clause 20, a notice of expulsion could be issued upon Andrea stating that she has breached her duties as a partner within the partnership. Although Catherine is unhappy with their actions, there is no indication that Julia is insufficiently unhappy that she is likely to be willing to pursue this route, although it does present a potential option in the event that both Catherine and Julia feel sufficiently strongly that Andrea is breaching her duties, in attempting to ensure that the partnership stays within h er family, in the future. Expulsion of Julia Firstly, it is noted that, in accordance with section 25 of the 1890 Act, there is no immediate right for the majority to expel a fellow partner within the partnership. Therefore, it is necessary for Andrea and Catherine to look at the provisions of the partnership agreement, in order to ascertain whether or not they have any legitimate way to expel Julia, based on recent events. An alternative would be to look at the dissolution of the partnership and there are certain conditions within the Act which allow for this, although at this stage it is not perceived to be the desirable route and instead both Andrea and Catherine are looking towards the clauses within the partnership agreement, in order to expel Julia. An extract of the partnership agreement, namely clause 20, has been provided and it is recognised that there may be additional clauses within the agreement which have not been seen that could impact on the advice given. However, for the purposes of providing this advice, claus e 20 will be looked at. It is possible for the remaining partners to provide a notice in writing to the partner who is in breach of clause 20, terminating their position within the partnership, if the partner acts in a way that is a breach of their duties, or if they have acted in a way that is contrary to good faith between the partners, such notice may be provided. In this case, Julia has been convicted of a criminal offence namely drunk and disorderly behaviour, with a recognition that Julia is undergoing difficult personal circumstances. The question here would therefore be whether this conviction is such that it breaches one of the partnership duties, or creates a situation where it cannot be said that Julia is acting in good faith, going forwards. It is suggested that, due to Julia’s current level of distress, there is a strong argument that the necessary good faith between the partners has irretrievably been eroded and that clause 20 is then utilised in order to expel Julia from the partnership. In the alternative to taking a litigious approach and given Julia’s existing unhappiness with the attempted changes from Andrea, a form of settlement may be possible, or arbitration to resolve the situation. It is unclear as to whether these situations are dealt with within the partnership agreement and further investigation is necessary to prevent a potential dissolution or battle in relation to the expulsion of Julia. It is, however, concluded that the actions of Julia are sufficiently severe that they could be used in order to expel her. Arbitration Clause As evident above, it would be advisable for the partnership agreement to have some form of dispute resolution mechanism in place. A suggested wording for such arbitration or dispute resolution mechanism is as follows: â€Å"Except as otherwise provided, any dispute arising out of or in connection with this agreement, including any question regarding its existence, validity or termination, or the legal relationships established by this agreement, shall be referred to and finally resolved by arbitration under the Rules of the London Court of International Arbitration, which Rules are deemed to be incorporated by reference into this clause. (a) The number of arbitrators shall be one. (b) The seat, or legal place, of arbitration shall be London. (c) The language to be used in the arbitral proceedings shall be English. (d) The governing law of the contract shall be the substantive law of England and Wales. 33.2 This clause shall be without prejudice to the rights of any party to seek any injunctive or similar relief from the courts to protect its intellectual property rights, confidentiality obligations, restrictions on the activities of any Partner or former Partner or other rights of any description.† This offers a dispute resolution mechanism that is both certain and efficient in dealing with such disputes and does not require the dissolution of a partnership unnecessarily. Liability of Michael as Agent Finally, there is the issue of Michael who did not become a partner who was sufficiently involved at the outset that his name has been placed on stationery. The firm purchased equipment from a personal friend of Michael, based on this personal relationship, with the belief that Michael was a partner in the firm. The question here therefore is whether it is reasonable for the company to be taking action against Michael personally, or whether he was acting as an agent for the firm. Typically, where an individual is acting as an agent between the firm and the supplier and this is known by supplier, it is the firm that would remain entirely liable for any agreement entered into. However, in this case, it would seem that Michael was acting as for an undisclosed principal and the supplier was not aware that they were in fact contracting with the firm, which was a partnership which did not include Michael. The supplier seemingly believed that he was contracting directly with Michael as a pa rtner within the firm. When this is the case the third party i.e. the supplier, has a choice as to whether they enforce the contract against the principal, i.e. the firm or the agent, i.e. Michael. The actual discussion or arrangement with Michael is not clear; however, it is known that Michael had his name on the stationery used to communicate with the supplier. Therefore, it would seem reasonable to suggest that the supplier would have felt they were dealing with Michael personally or at least as part of the firm. On this basis, and with the fact that the supplier is now concerned about the financial validity of the firm, it would seem likely that the firm is going to look towards Michael personally to be liable for the contract. Conclusions and Summary The position within this partnership remains volatile, with three separate partners all of whom have agreed to the partnership agreement, all having disputes of some nature with each other. Fundamentally, however, in accordance with the Partnership Act 1890, it is necessary for each partner to be acting in good faith and to the overall benefit of the partnership and not on their own account. This standard will need to be borne in mind when looking at Andrea’s proposition of bringing on board both of her daughters. There is seemingly little argument in favour of the partnership bringing on board Tina; however, this is slightly less obvious with Helen, as she brings necessary skills to the partnership. The majority of the partnership cannot vote to expel an individual, in this case Julia, unless such conditions are contained within the agreement. According to the extract of the agreement provided, an expulsion is possible where the partner was not acting in good faith. A crimina l conviction does not necessarily indicate bad faith and this would be a matter of fact to be determined by the two partners looking to expel Julia. Finally, there is a strong argument that Michael, by virtue of the firm stationery and potentially any discussions with the supplier, will be held personally liable, having acted as an agent for an undisclosed principal. Bibliography Atwood v Maule (1868) 3 Ch App 369 Blisset v Daniel (1853) 10 Hare 493 Partnership Act 1890 section 24 r.7 Partnership Act 1890 section 25 Maillie v Swanney (2000) SLT 464 Morse, G (2010) Partnership Law, Oxford University Press. p.153 Sealy, L Hooley, R Commercial Law: Text, Cases and Materials, OUP. P.122 Watteau v Fenwick, [1893] 1 QB 346