Milroy v Lord (1861) - Free Essay Example

Sample details Pages: 4 Words: 1227 Downloads: 6 Date added: 2017/06/26 Category Law Essay Type Analytical essay Level High school Did you like this example? ..There is not equity in this court to perfect an imperfect gift- Turner LJ in Milroy v Lord (1861)- How accurate is this statement in current English law? In order to assess the accuracy of Turner LJs statement, it is first necessary to consider the context of it, and discuss briefly what it refers to. It refers to trusts, which become fully set up or constituted when the trust property is in the hands of a person who is properly bound to be the trustee. Within this context, certain equitable principles come into play; specifically regarding gifts. Don’t waste time! Our writers will create an original "Milroy v Lord (1861)" essay for you Create order There are several situations where equity has developed its role, away from Turner LJs statement, so that in effect it will perfect an imperfect gift. A gift is any transaction which benefits an individual who has not paid, ie given any consideration for it; such an individual is called a volunteer.[1] In the same case which the above quotation is taken from, Milroy v Lord, Turner LJ also identified three modes of making a gift. These were an outright transfer of the legal title to a property, a transfer of the legal title of a property to a trustee to hold on trust, and a self-declaration of trust (in which case the constitution of the trust is automatic). At this point, an important maxim of equity has an effect. The maxim is equity will not assist a volunteer, and its manifestation here is that equity will not perfect an imperfect gift. Therefore, in order for a gift to be perfected, or rather for the trust to be fully constituted, one of the three modes must be referred to. Equity will not, in itself, treat the intentions of a donor to make an outright gift as a self-declaration of trust, where the property fails to pass from the donor to the donee. Two cases which came in the wake of the highly significant Milroy v Lord, and which seemed to confirm Turner LJs sentiments were Jones v Lock and Richards v Delbridge. In these cases, the crucial factor was the intention of the donor. Nor will equity (historically) perfect an ineffective transfer of the legal title to property to an intended trustee to constitute a trust by treating the intending settlor as having made a valid self-declaration of trust. In other words, if the property fails to get into the hands of the intended trustee, there is no trust. In this context, however, there has been a recent move away from Turner LJs maxim that equity will not perfect an imperfect gift. in the 2001 case of T Choithram SA v Pagrani, the words of a businessman were generously construed to give most of his wea lth on trust. his words of a mere gift were interpreted as words of declaration of trust. A second seminal case in the development of the doctrine came in Re Rose in 1952, when the rule laid down in Milroy v Lord was relaxed to the extent that equity would now treat as effective an intended transfer where the donor has done everything he is obliged to do to make the gift valid. this is a subtle distinction, but it does, nevertheless, relax the principle. This rule (in Re Rose) was applied to transfers of land in the much more recent case of Mascall v Mascall. A recent Court of Appeal decision expanded the ambit of this rule further in the case of Pennington v Waine. In this case, unlike in Re Rose, the transeror had not done everything in their power to secure the validity of the transfer. The reasoning in this case was that the transferor (of shares in this case) had done all that was needed for the rule to apply by executing the transfer form with the intention that the tran sfer is to have immediate effect, and crucially, in circumstances where it would be unconscionable for the trasferor to renege on the transaction. The danger with this, is of course, that therre is no clear distinction as to when it would be unconscionable not to perfect a gift. Another seminal case in this context was Strong v Bird. In this case, a comon law principle that the appointment of a debtor as executor a deceaseds estate cancelled that debt to the estate was held to prevail. The important condition, however, was that the testator had manifested an intention that this debt be released, and this intention continued up until death. This is, as Penner points out, something like the perfecting of an imperfect gift.[2] The rule was further extended to cover imperfect gifts (as well as imperfectly released debts) in Re Stewart. The same condition applied, that the testator must have manifested an intention and this continued until death. At this point, it seems that equity ce rtainly is helping a volunteer, rendering Turner LJs comment outdated. Deathbed gifts are properly called donationes mortis causa, and are gifts which are made inter vivos, but are conditonal upon death (ie they only take effect on death). That is to say that the gift become complete and absolute upon death, as the condition is perfected. Transfer of possession is also needed, which poses no problem for the likes of tangible personal property. Equity intervenes, however, in the case of things which require more to transfer title, like bank balances or shares. The essential requirements for a valid donatio mortis causa were laid down in Cain v Moon. The final situation where equity will effectively perfect an imperfect gift is in certain cases of proprietary estoppel. The court will seek to give effect to the plaintiffs minimum equity. Such a situation occurred in the case of Pascoe v Turner when a man said to a woman (with whom he was cohabiting) that the house was hers and ev erything in it. The woman subsequently spent a good deal of her savings on the house, way of improvements and so on. When they separated, the man tried to turn the woman out. The court held that in this case, the minimum equity was that the man ought to transfer the fee simple to the woman. Although this was a case of proprietary estoppel, it was an example of equity acting in a way unenvisaged by Turner LJ in 1861. Since the case of Milroy v Lord, then, there have been several significant developments which have rendered Turner LJs words somewhat outdated. The drift towards equity assisting a volunteer and perfecting an imperfect gift has been criticised at various stages throughout the development, most notably by Walton J in Re Gonin. The current state of the English law with regard to equity assisting volunteers and perfecting imperfect gifts appears to be in a state of flux, but the stringent rule set out by Turner LJ has certainly been relaxed considerably in a number of ar eas. BIBLIOGRAPHY Cases Cain v Moon [1896] 2 QB 283 Jones v Lock (1865) 1 Ch App 25 Mascall v Mascall (1984) 50 P CR 119 Milroy v Lord [1861] 4 De GF J 264 Pascoe v Turner [1979] 2 All ER 945 Pennington v Waine [2002] EWCA Civ 227 Re Gonin, Gonin v Garmeson [1977] 2 All ER 720 Re Rose [1952] Ch 499 Re Stewart [1908] 2 Ch 251 Richards v Delbridge (1874) LR 18 Eq 11 Strong v Bird (1874) LR 18 Eq 315 T Choithram SA v Pagarani [2001] 2 All ER 492 Secondary sources Penner, J.E., The Law of Trusts (LexisNexis, 2004) Footnotes [1]Penner, J.E., The Law of Trusts (LexisNexis, 2004), p221 [2]Penner, p227

Module a - 961 Words

Whilst texts may be fictitious constructs of composers’ imaginations, they also explore and address the societal issues and paradigms of their eras. This is clearly the case with Mary Shelley’s novel, Frankenstein (1818), which draws upon the rise of Galvanism and the Romantic Movement of the 1800’s, as well as Ridley Scott’s film Blade Runner (1992), reflecting upon the increasing computing industry and the predominance of capitalism within the late 20th Century. Hence, an analysis of both in light of their differing contexts reveal how Shelley and Scott ultimately warn us of the dire consequences of our desire for omnipotence and unrestrained scientific progress, concepts which link the two texts throughout time. Composed in a time of†¦show more content†¦Moreover, Shelley stresses her warning through the protagonists’ connections with nature, where Victor’s â€Å"insensibility to its charms†, arising from his immersion in science, results in his â€Å"deep, dark and deathlike solitude†, with the heavy alliteration exemplifying his degraded sense of humanity. Conversely, the monster possesses greater â€Å"benevolence† and a more intimate connection with â€Å"the pleasant showers and genial warmth of spring†, with such characterisation capturing Shelley’s reflection of Romanticism’s idolisation of nature, cautioning us against the dehumanising effect of unrestrained scientific advancement. Blade Runner is no different, with Scott’s reflection of the explosion of technological progress during the 1980’s, including the rise of computing giants IBM and Microsoft, highlighting the dangers of such unrestrained progress. Most notable is the opening panoramic shot of blazing smokestacks which, together with the haunting synthetic pulses of the Vangelis soundtrack, establishes a festering miasma of technological overload, adding further semiotic weight to the film’s nightmarish dystopian agenda. Indeed, this portrayal of a decaying environment reflects the growing ecological awareness of the 1980’s, which, whilst different to Shelley’s Romantic values, isShow MoreRelatedThe Solar Of Solar Module977 Words   |  4 PagesPurpose In the present era where energy demands growing rapidly the solar module is one of the solutions and a good one. â€Å"More energy from the sunlight strikes the Earth in one hour (4.3 Ãâ€" 1020 J) than all the energy consumed on the planet in a year (4.1 Ãâ€" 1020 J)† therefore solar energy has a bright future ahead. The first solar cell was invented in 1953 and had efficacy rate of 4 present while toady’s solar cell is 40 present efficient. SolarCity is using the one of the efficient solar panels whichRead MoreEssay on Solar Module case931 Words   |  4 Pagesthe first manufacturers to produce thin-film solar panels using copper indium gallium (di)selenide (CIGS) technology. Nanosolar is focused on selling a single type of thin-film Photovoltaic (PV) module called the â€Å"Nanosolar Utility Panel†. The utility panel is 50% less energy efficient than c-Si modules, but being 90% less expensive to produce. Strategic Options: (1) Continue to invest in European and Asian markets. (2) Enter US Utilities and Commercial Market Immediately. (3) Launch an industrialRead MoreThe Texas Education Agency ( Tea ) Uploaded Their Professional Development Modules Onto Www1546 Words   |  7 Pagesskills and knowledge even after you’ve already got the job. Professional development comes in many forms, including video training modules. The Texas Education Agency (TEA) uploaded their professional development modules onto www.youtube.com. These videos serve to demonstrate poor ethical choices in a fun way to Texas teachers, current and aspiring. These video training modules often referred to as â€Å"podcasts† have many advantages over other types of professional development. Because they are online, theyRead MoreEssay on Case Study of â€Å"Does America Really Need Manufacturing†.1026 Words   |  5 Pagesassemble. Modules are created with some aspects of production in mind, however this modularization is done without understanding the implications of des ign. Although often yielding highly functional products, once the manufacturing process is over this unstructured modularization often leads to costly redesigns or expensive products. 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Ribosome binding site (RBS) and gfp are present downstream to TBS (Fig. 1). gfp was used as proxy to quantitate the promoter expression. Repressor modules were based on kanamycin resistanceRead MoreAnalysis Of Mcgraw Hill Practice Operations Simulation1631 Words   |  7 Pagesexperience from the Practice Modules McGraw-Hill Education has designed a series of learning games specifically targeting students to improve their experience in a virtual like work scenario. One of them namely Practice Operations would be discussed in this essay. Practice is a sequences of games which are planned to incorporate immersive learning encounters and rich evaluation capacities. In this practice operations simulation, there are 6 modules. To begin with, first module namely The Production ProcessRead MoreSolar Energy : Solar Power Systems For Houses And How The Humans Benefited From It983 Words   |  4 PagesPV) is the specific term for something you put in the sun to generate electricity. PV cells are the individual round or square pieces that are wired together and sealed under glass to form a PV module. A group of PV modules is called an array, and within the array there may be multiple groups of PV modules called strings† (2015, pare.6). Moreover, solar panels is a device that converts light energy directly into electrical energy mediated optical effect used gatherings of solar cells to capture energyRead MoreTraining Module6402 Words   |  26 PagesOBJECTIVE To assess the underlying rationale of the training module INTRODUCTION Properly designed and implemented, effective training improves one companys success. Without a basic sales process and methodology, sale people are left to their own devices. That leaves management without a standard way to review trouble areas and predict success. Improved sales benefit every part of one company. Sales training can address multiple areas involving personal and interpersonal skills, business knowledge

The Process of Diagnoses and Care of Students with Down Syndrome - Free Essay Example

Sample details Pages: 6 Words: 1699 Downloads: 4 Date added: 2019/10/30 Category Medicine Essay Level High school Tags: Down Syndrome Essay Did you like this example? Just as for typical children, children diagnosed with Down Syndrome are shaped and influenced by the people around them who model compassion, patience, and care. One of the main impacts on any childs happiness is their experience with their peers and educators at school. When educators view students with special needs as worthy of the same considerations and modifications as typical students, those students will have an equitable chance to reach their learning goals and build skills that will support their lives after their educational journey. Don’t waste time! Our writers will create an original "The Process of Diagnoses and Care of Students with Down Syndrome" essay for you Create order My aim is to help fellow educators understand the complex life experiences of children with Down Syndrome from the day they are born and as they enter, progress through, and eventually leave the school system. I will begin this paper with an introduction to Down Syndrome diagnoses before providing a typical timeline for children with Down Syndrome before and after they enter the school system. I will also discuss some of the services and programs available to children with Down Syndrome and their families. By conveying the many facets of Down Syndrome, I hope that others will begin to see students with Down Syndrome as unique and varied as their diagnosis. Throughout this paper, I will use the name Student A to refer to a 5th grade student who has Down Syndrome. I have known Student A since they were in 1st grade and have observed them in many capacities including at school, participating in extracurricular activities, and at home with their family. Being a part of Student As life as they have developed through elementary school has given me the opportunity to empathize with the journey students and parents may experience in public school special education programs. In 1866, Dr. John Langdon Down described the key attributes of the duplication of chromosome 21 during cell development known at the time as Trisomy 21. Today, we describe this is process and the proceeding diagnoses as Down Syndrome (National Down Syndrome Society, 2018). The complex nature of Down Syndrome leaves many expecting parents anxious. Down Syndrome can be detected as early as an expecting mothers 12 week doctor visit. The markers that reflect a diagnoses are found in the hormone levels of the mother and the measurements of the fetus (Down syndrome, 2018). The mothers age may also play a role in the possibility of Down Syndrome diagnoses. Geriatric pregnancy, or pregnancy over the age of 35, run higher risks of Down Syndrome diagnoses. However, 80% of all people with Down Syndrome were born to parents under the age of 35 (Tullos Barta Salinas, 2010). These calculations are not a diagnosis; rather, they produce the odds in which a child could be born with Down Syndrome (Na tional Down Syndrome Society, 2018). In Student As case, their mother had odds of 1/50 based on her age, which was 37. After fetal measurements were taken, the odds went up to 1/17 (Anonymous, personal communication, December 2, 2018). Due to the demand of accurate screening, Down Syndrome research has been heavily funded in the last 25 years. One way a fetus can be diagnosed before birth is through a procedure called an Amniocentesis. Amniotic fluid is extracted through a needle that has been inserted into the mothers uterus. This sample is then used to analyze the chromosomes of the fetus. Doctors usually perform this test in the second trimester, after 15 weeks of pregnancy (Down syndrome, 2018). If a fetus odds are high, most medical professionals encourage parents to proceed with an Amniocentesis. Some expecting parents, like Student As, choose to opt out of screening (Anonymous, personal communication, December 2, 2018). Ultimately, the cause of Down Syndrome is unknown and the diagnosis is seen throughout diverse populations. Down Syndrome does not discriminate between gender, nationality, or socioeconomic status (Tullos Barta Salinas, 2010). Physically, people with Down Syndrome are smaller in stature as well as smaller facial features, almond shaped eyes some level learning disability, but not all features are the same. There is an endless variety of outcomes for a person with Down Syndrome. The medical description of Down Syndrome is bleek at best, stating that children with Down Syndrome can experience a vast array of complications including dementia, speech and hearing impairments, delayed motor functions and heart problems (Down syndrome, 2018). The degree to which each child experiences these symptoms varies. Just as Down Syndrome symptoms vary from person to person, the experiences of a student with Down Syndrome entering the public school system differ widely. While there is a typical timeline of evaluative procedures for children with Down Syndrome before and after they enter the school system, which I discuss below, each childs experience is highly varied and depends on the child as well as their family and school district support systems (Bird, Alton, Mackinnon, 2000) . Since children are diagnosed at birth, they will have consistently been assessed throughout their young lives by medical professionals. Entering school begins a process of developing skills based on the students abilities and getting them to a place where they will be successful in life after school. Individualized Education Plan (IEP) goals focus on developing real world skills, including communication development, social skills such as performing tasks independently, and cognitive skills such as knowledge recognition. The process of entering the public school system is very different for children who are born with a known disability verses students who educators come to find may have a learning disability once they enter school. Children who are born with a known disability like Down Syndrome generally receive state-funded services and support immediately at birth. During early intervention, which is considered birth to three years of age, teams of specialists do a full evaluation that observes the developmental milestones of the child. Milestone markers are then evaluated by a physical therapist, occupational therapist, and speech therapist. Student As mother remembers an occupational therapist coming to their home when Student A was three months old (Anonymous, personal communication, December 2, 2018). If a child is meeting their developmental milestones, and there is no other evidence of skill deficit, they would no longer qualify for state services (T, Wolf, personal communication, December 8 , 2018). When a child reaches school age, or three to five, they begin receiving services from their county educational service district. At the age of three, Student A began to attend pre-school at a local elementary school two days a week (Anonymous, personal communication, December 2, 2018). Also at this time, the county educational service district set up students and their families with an Individual Family Service Plan (IFSP), which is similar to an IEP, but are intended for the whole family (T, Wolf, personal communication, December 8, 2018). As a child with Down Syndrome enters kindergarten, they bring with them an IEP that was developed from their IFSP and pre-school experience. Once they enter elementary school, considerably less emphasis is placed on family support and the students support system shifts toward the school. The students IEP is then monitored consistently and adjusted yearly by school support teams, which can include the students general education teacher, special education teacher, speech pathologist, occupational therapist, and/or physical therapist. The eligibility for services is evaluated every three years by the school psychologist until the student completes their senior year of high school (T, Wolf, personal communication, December 8, 2018). For up to three years post high school, some adults may continue to qualify for services from the county educational service district for continued support in developing life skills (Anonymous, personal communication, December 2, 2018) . In addition to support from educational service districts, many families look outside of the school environment for community support. There are often organizations that provide opportunities for children with Down Syndrome, similar to those of typical students, such as summer camps and sports teams. In addition to providing these opportunities, support groups for parents can play a significant role in the development of the child by providing children and parents with access to knowledge and other resources. Student As mother, for example, contacted Down Syndrome Network Oregon and her experience with them has been extremely positive. She has been connected with recreational opportunities for Student A, and expanded her familys support system far beyond what she thought was imaginable through connecting with other families in the organization (Anonymous, personal communication, December 2, 2018). While this timeline and the organizations and support systems for children with Down Sy ndrome and their families are somewhat consistent, the experiences of students still varies widely based on their range of abilities, interactions with educators, and learning goals. When educators set educational goals for typical children they are taught to look at each child as a unique and independent person separate from their other students. Students with Down Syndrome are worthy of same considerations as their peer counterparts. These students educational journey may look different but the goal is the same, preparing them for successful life beyond school. References: Bird, G., Alton, S., Mackinnon, C. (2000). Accessing the curriculum: Strategies for differentiation for pupils with Down syndrome. Southsea: Down Syndrome Educational Trust. This book offered strategies for supporting students with Down Syndrome in the classroom. The book also gave insight on the process of creating a welcoming environment and inclusion processes. Family Journey in Education [Personal interview]. (2018, December 2). Interview with Student As mother who wishes to remain anonymous. She gave invaluable information about her and her childs experience living with Down Syndrome. Down syndrome. (2018, March 08). Retrieved from https://www.mayoclinic.org/diseases-conditions/down-syndrome/symptoms-causes/syc-20 355977 The Mayo Clinic offered much insight on the diagnosis of Down Syndrome.The webiste clarified the procedures available for expecting mothers to screen for Down Syndrome. Tullos Barta, L., Salinas, Y. (2010). Supporting the Student with Down Syndrome in Your Classroom[Pamphlet]. Down Syndrome Association of West Michigan. This pamphlet gave information about the process of children with Down Syndrome entering the public school system as well as facts and history. What is Down Syndrome? | National Down Syndrome Society. (n.d.). Retrieved from https://www.ndss.org/about-down-syndrome/down-syndrome/ This citation clarified the causes of Down Syndrome. It also addressed the history and clarified in detail the chromosomal process that occurs when a child has Down Syndrome. Wolf, T. (2018, December 8). Process of Developing an Individualized Education Plan [E-mail interview]. Tandy Wolfe has a Masters in Special Education and is the Learning Specialist at Cedaroak Park Primary School in West Linn, Oregon.

Tupac s Death Of The Black Panther Party - 882 Words

Tupac was born in 1971 in East Harlem, New York He was mostly known for his music and acting. Tupac’s parents were members of the Black Panther party, the members apart from the part were socialist and believed in a violent approach and not a non- violent approach like Martin Luther King Jr. Tupac lived in an area where a lot of people were part of the black liberation army and knew a lot of people that got imprisoned because of the acts of crime they have committed. His Godfather was a high ranking Black Panther and was sentenced to prison for murdering a teacher during a robbery in 1968, but his sentence was later overturned. Tupac’s aunt went to prison in 1973 for shooting and killing a State Trooper. Later, Tupac s stepfather helped her escape and eventually was such a high priority fugitive for police officers that he later became a member of the FBI s most wanted list and stayed at large for 4 straight years. In 1968 Mutulu (Tupac s stepfather) was caught for robb ing an armored truck, in where he killed two police officers during the process. As Tupac grew older he found a love for theater, and at the age of 12 became a part of a group called Harlem’s 127th street repertory ensemble where he performed a play called A Raisin in The Sun in the famous Apollo theater. After Tupac did two years at Paul Laurence Dunbar High School he and his family moved to Baltimore, Maryland (MD) where he attended his junior year of high school at the Baltimore School of The Arts,Show MoreRelatedTupac Amaru Shakur And Christopher Wallace1321 Words   |  6 Pages Tupac Amaru Shakur and Christopher Wallace also knows as â€Å"Biggie Smalls† are both male rappers who lived a pretty short but famous mid 90’s career in the music industry. Tupac and Biggie were able to escape the streets therefore, many people claim that it was the industry that killed them. Tupac and Biggie are both famously known for their rapping careers even though Tupac was more an activist and Biggie rapper. Tupac Amaru Shakur who was born Lesane Parish Cooks was an AmericanRead MoreEssay On Tupac1329 Words   |  6 PagesTupac Shakur was a sensitive, precociously talented yet troubled soul who came to embrace the 1990s gangsta-rap aesthetic and paid the ultimate price — he was gunned down in Las Vegas on September 7, 1996 and died six days later. His murder has never been solved. He began his music career as a rebel with a cause — to articulate the travails and injustices endured by many African-Americans, often from a male point of view. His skill in doing so made him a spokesperson not just for his own generationRead MoreTupac Shakur : The Life And Times Of An American Icon1109 Words   |  5 PagesTupac Shakur: The Life and Times of an American Icon Author(s): Fred L. Johnson Tayannah Lee McQuillar The book I chose to read is Tupac Shakur:The Life Times of an American Icon. This book hasn’t been out for very long. It’s publication date was January 26, 2010 so it is a somewhat newer book. Fred and Tayannah examined very closely and did a great deal of research to write this book. They had to examine all the theories and myths about Tupac Shakur. So i’m guessing you can imagine how hardRead MoreTupac Shakur - Turning Struggles Into Success1646 Words   |  7 PagesTupac Shakur – Turning Struggles into Success Violent lyrics, a bad-boy image, and a long criminal record are what attracted and connected millions of young adults to the now legendary rapper Tupac Shakur. Tupac was a man of contradictions; for example, his music degraded and also praised strong women. Tupac Shakur rapped about problems that inner-city black Americans could relate to, along with his legal and personal drama; you could not get away from Tupac in the 1990’s. From the womb to theRead MoreTupac Shakur : A Influential Writer1966 Words   |  8 Pages Tupac Shakur was obviously one of the most influential and greatest rappers of all time. Not only he was a rapper but he was an actor as well. He was loved by many across the nation not only for his talent and vocals but also for his message that was so widely spread. He was a very influential character in the black power movement because his music was extremely popular and he was a very prominent figure in the musical world, especially for young people. He made songs for the future not just forRead MoreEssay On Tupac1856 Words   |  8 Pagessister’s back to school party to extend an instrumental and start â€Å"MCing† or rapping over the music. (PBS) This genre like many before it produced controversy that skyrocketed it into fame and popularity. No artist experienced the rap life more than Tupac â€Å"2Pac† Shakur. Tupac a seven time Grammy nominee among 12 other nominations for major awards along with 5 awards won including an American Music Award in 1997 f or Favorite Rap/ Hip hop artist. Along with the awards Tupac won he ran the charts producingRead MoreTupac Shakur: a Hip Hop Inspiration1236 Words   |  5 PagesTupac Shakur: A Hip-Hop Inspiration Music is a cultural journal that expresses the realities and emotions of life in a poetic way. For the African American culture, music has always been a statement for many controversial topics such as racism, religion, politics, education, crime, and violence. In the 1990’s, Hip-Hop became the newest cultural and artistic voice for the African American population. 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This African-American cultural movement has taken shape in various genres, gaining mass appeal, through multiple capitalistic markets. Even with the use of capitalism this cultural arts movement has stayed set upon its original purpose and direction, by aiding in cultural identity awareness. The knowledge of the duel-self through communityRead MoreAn Overview Of Naive Art1831 Words   |  8 Pagesas the first hip hop party in the world. The new thing introduced, was that Hip Hop was not involving just music, but a variety of disciplines as dancing, MCing, DJing, graffiti, and one of the factors which lead hip hop creation has been a complete fusion of art, political influences, and social issues, making it way more complex than any other kind of music genre. The first places where Hip hop started becoming a proper culture, have been those places which in the late 90’s were being literally

Effect of Advertisement on Sales Free Essays

MKT 321: MARKETING RESEARCH METHODS JAN – APRIL 2013 CAT 1 Using the knowledge and skills acquired in this course (Research methods) explain how would improve the performance of your Research and Development Department in a firm (15 marks) A research and development (RD) department in a firm is responsible for innovations in design, products, and style. This department is responsible for creating innovative new products to keep companies a step ahead of the competition. Many companies also rely on the RD department to improve existing consumer products, and to explore new ways of producing them. We will write a custom essay sample on Effect of Advertisement on Sales or any similar topic only for you Order Now Companies thrive and succeed by creating innovative products, as well as by increasing company profit and utilizing cost-efficient methods. A research and development department is primarily responsible for ensuring that these goals are met. This is an especially important function in the fields of manufacturing and pharmaceuticals, but can be applied to virtually any industry. Often, research and development works closely with the marketing department. Marketing studies consumer trends by surveying and researching consumer demands, purchasing methods, product sales, and the existence and development of technology across the relevant market. The marketing department gathers all the data, and makes this information available to the RD department, which will take action in response to the findings and proceed to keep the company on top of current market needs. Consumer demands often change very quickly, and the research and development department must be alert and adapt to these market fluctuations accordingly. I would invest a substantial amount of money to research and development so that it can continually modify and update the firm’s products to preserve a brand’s position within the market. This is because even if our product would be leading in the market, however much it is a key product, usually will not remain in the number one market position forever without some type of improvement and advancement. Research and development department software The progress of innovation research and product development requires a good balance between the team and management involved in R;D projects. VIP Task Manager provides this balance and allows to manage R;D projects and activities effectively. The software helps to carry information on the latest developments and coordinate the resource assignment to new promising projects in efficient and timely way. VIP Task Manager can be used as R;D project management software for organizing the workflow of the department. The software gives the following options Quality is a major issue and R;D department is deeply involved in ensuring quality of new products and attaining the required levels of regulatory requirements. In cooperation with the quality assurance department, R;D department develops a quality plan for new products. When a company sells a product on the marketplace, it should keep regulatory compliance with legal requirements. By using Centriqs, the R;D managers can organize the workflow for researches and development of new products. In Centriqs, there can be used task templates for researches of typical products as well as for a new product specification development. The software allows to add new workflow with specific task statuses. By introducing Centriqs shareware into the workflow, the R;D department can effective cooperate with QA department through sharing tasks and projects aimed to development of quality plans for new products. The R;D managers can use the Files view to upload regulatory documents to the database and attach documents to required tasks shared between engineers, technicians and scientists. | | Research and development department goals/tasks The main goal of the R;D department is to provide the organization with pro-active leadership in the industry and strong competitive advantages through implementation of new technologies and solutions aimed to improve current product range and develop new products. The R;D department closely works with the quality assurance department in order to create a new solution for enhancing the sustainability and the quality of products. The tasks of R;D department could be split into two main groups: research and development. The groups are closely linked with each other, however they have some peculiarities. The research activities allow the organization to find more effective ways to produce a product. The development activities are focused on how to implement these ways into manufacturing of the current or a new product. Research and development department in company structure Research and development are often very expensive and it takes much time to get positive results from them. However most businesses invest a lot of money in research and development and build R;D departments. The organizations which have R;D departments in their structure, gain big advantages, because: 1. Products are commercialized faster 2. Products reach global markets 3. Contribution to customer confidence 4. Effective exploitation of technologies 5. They gain advantages over rivalsThe research and development department will enable a more progressive and faster transfer of innovations into product development and exploitation. | CAT 2 As a manager you have noted that the sales for a certain product have dropped despite having increased the level of advertising. Explain in details how you would undertake a market research to know whether advertising affects sales (20 marks) a. Background information. The background serves to put research objectives into context, and it will help me to understand why I will pursue the objectives of knowing why advertising affect sales. I would detail what i see as being the main events that have caused or contributed to the advertising effect on sales. Such a background gives a framework for the researcher to investigate other potential events, contributory factors or causes. b. Objectives. The first part of this section would detail which marketing decisions are to be completed once the research has been undertaken. This requires decision-makers to explain what they see as the focus of the decision they plan to make. They then go on to explain what gaps(s) they see in their knowledge. Those gaps create the focus to planned esearch activities and set the research objectives. The formulation of the marketing objectives can encompass two areas: organizational objectives and personal objectives of the decision-maker. For the researcher this may not be explicit or obvious to discern. It may take time working with a decision-maker or a particular organization to see the potential conflicts in organizational and personal objectives. This ‘first-step’ brief offers the opportunity for the researcher to draw out and develop a much clearer vision of marketing and research objectives. Drawing out and developing decisionmakers’ perspective of objectives, helps the process of developing a common understanding of what the decision-maker is trying to achieve. c. Target to research. Any market research project will measure, understand or observe a target group of individuals. These may be distinct groups of consumers, channel members such as retailers or competitors, or company employees. In this section, details of the characteristics of the target group(s) can help in much research design decisions. These cover areas of identification, gaining access to conduct research, understanding which techniques are appropriate to measure or understand these individuals, and the best environment or context in which to conduct the research. d. Who is to use the findings? This section would outline brief details of the decision-maker who will use the research findings. For example, certain decision makers may be entrepreneurial and introspective, looking for short-term tactical advantages. Managers with a background and training in statistics may expect results to be analyzed and presented in a particular manner to have any credibility. Other managers may not have such training or may even be distrustful of statistical analysis and seek a more qualitative interpretation. These 19 issues have an impact upon the nature and extent of analysis conducted upon the data collected and the style and format in which research findings will be presented. e. Constraints. The main limitation to marketing researchers carrying out what they may perceive as being the correct way to research a problem is the time and money that the marketer can afford. With knowledge of time and cost constraints, the researcher can develop a research design to suit these eeds. The researcher may also demonstrate other courses of action that could demand greater amount of money or time, but could have clear benefits that the marketer may be unaware of. Other constraints, such as those imposed by the client firm’s personnel, organizational structure and culture, or decision making styles, should be identified to determine the scope of the resear ch project. Yet constraints should not be allowed to diminish the value of the research to the decision-maker or to compromise the integrity of the research process. In instances where the resources are too limited to allow a project of sufficient quality, the firm should be advised not to undertake formal marketing research. f. Administrative considerations. These would lay out the administrative details in completing the research project. Examples could be the expected delivery of interim reports, contacts in the organization that may be able to help supply further information, or reference to sources of materials and individuals that are needed to complete the research successfully. How to cite Effect of Advertisement on Sales, Papers

Business Management Industry Attractiveness

Question: Discuss about the Business Managementfor Industry Attractiveness. Answer: Introduction Business management is crucial in the today's competitive world in order to sustain in the market. The process in which the organization develops the strategies, procedures, plans and policies direct the business on the short run and long run is called the business management. Woolworths in Australia is one of the largest supermarket chains. However, due to the ineffective business management, the company is being highlighted for the wrong measures and cost it has to pay. The study aims to critically evaluate the theoretical concepts that influence the strategic management such as the attractiveness of the industry, resource-based view and the competitive advantage. The management theories and concepts are used in the study to understand the importance of strategic management in Woolworths. Moreover, recommendations are made that helps the organization to enhance the strategic management. Industry Attractiveness In the opinion of Hill, Jones Schilling, (2014), the presence or absence of threats exhibited by the various forces of the industry has a significant impact on the strategic management practices of the organizations. The industry becomes less attractive when there is an increase in the number of threat factors in the market. Woolworths operates in a highly competitive market and hence have some competitors that increase the sustainability risk. Furthermore, the growing competition imposes other threats such as lack of resources, presence of substitutes, price war that leads to the decline in the market attractiveness. Understanding the market forces helps the managers of the company to develop effective strategies that address the issues efficiently. Hitt, Ireland, Hoskisson, (2012) argued that before planning the strategies, it is important to determine whether all the success factors of the company are identified. Thus, it can be inferred that the identification of the success fa ctors helps Woolworths to achieve the areas where competitive advantage can be obtained. Resource Based View Operating in a competitive market and remaining sustained in the market is a critical activity for the managers of Woolworths. The resources, capabilities and the core competencies have a direct impact on the strategic management process of the company. According to Eden Ackermann, (2013), any change in these factors leads to changes in the strategic management practices of the company. The organization is highly depended upon its resources such as the raw materials and the supplies. With the increase in the competition, the availability of the raw materials and the resources has shown a downward trend. Thus, in order to maintain the level of customer satisfaction by providing the quality products, it is important for Woolworths to consider innovative strategies that can make the maximum use of the available resources. Moreover, having proper knowledge about the available resources supports the organization to build up strategies according to the available resources. Rothaermel, (2015) further opined that it is important for the managers to set the strategic management practices according to the capability of the organization. The strategic success of Woolworths is based on the distinctive organizational capabilities of the organization. On the other hand, Mellahi Frynas, (2015) argued that the flexibility is important in the workplace as there is an ongoing need to identify and develop innovative capabilities. The capabilities are useful in responding to the changes in the demand for the consumers or the threat factors in the economy. The core competency is a deep proficiency that helps the company to provide unique value to the potential customers of the organization (Thompson et al., 2013). Thus, it is important for the managers of Woolworths to implement core competencies in the strategic management practices in order to increase the performance level of the company. Competitive Advantage The concept of competitive advantage allows the organization to outperform the competitors in the market. Woolworths uses the competitive advantage model in the workplace in order to analyze the strengths and weaknesses of the competitors (Doz Prahalad, 2013). This further allows the company to develop strategies accordingly that support in obtaining the competitive advantage over its employees. Based on the competitive advantage, the managers can set the strategic management practices as per the attributes such as power, high entry barriers, highly skilled personnel, and geographic location. Campbell, Coff Kryscynski, (2012) argued that the company should not lay full focus on establishing competitive advantage strategies for the company without knowing the customers better than the competitors. Hence, Woolworths need to carry out market research to understand the needs and demands of the customers. The market research supports the establishment of the strategic management practic es to meet the market demand. Recommendations Woolworths have been in the news regarding its management mistakes that has decreased the organizational performance and productivity. It is thus important for Woolworths to consider effective strategic management practices that will help to enhance the management process. The managers of Woolworths can consider expanding the ecommerce in order to increase its sales, revenue, and thereby grow further. Implementing the multichannel approach will help to drive traffic to the stores. As opined by Doz Prahalad, (2013), choosing the appropriate equipment or methods helps to minimize the risk factors, costly errors and thus improving the way in which the organization carries out the business. Implementing web-based technologies will enable the managers to improve the strategic management of Woolworths. The web-based technologies include e-purchasing and smart inventory control systems. The technologies will support better management of the working capital of Woolworths. The appropriate selection, as well as implementation of the strategies into the organization, helps to boost up the performance level of the company as the strategic management process is enhanced. Conclusion The business management being an important concept needs to be handled effectively by the organization. Due to the various management issues, mistakes and wrong decisions in Woolworths, the management system has not been effective as per the expectations. The attractiveness of the industry, the resources, core competencies and the comparative advantages play a vital role in the process of strategic management. It is, therefore, important for Woolworths to understand these factors while determining the strategic practices for the company. Moreover, strategies have been recommended to the company to improve its strategic management process. The recommended strategies will help Woolworths to increase its sustainability in the market. References Campbell, B. A., Coff, R., Kryscynski, D. (2012). Rethinking sustained competitive advantage from human capital.Academy of Management Review,37(3), 376-395. Doz, Y., Prahalad, C. K. (2013, January). Quality of management: An emerging source of global competitive advantage?. InStrategies in Global Competition (RLE International Business): Selected Papers from the Prince Bertil Symposium at the Institute of International Business, Routledge(pp. 345-368). Eden, C., Ackermann, F. (2013).Making strategy: The journey of strategic management. Sage. Hill, C. W., Jones, G. R., Schilling, M. A. (2014).Strategic management: theory: an integrated approach. Cengage Learning. Hitt, M. A., Ireland, R. D., Hoskisson, R. E. (2012).Strategic management cases: competitiveness and globalization. Cengage Learning. Mellahi, K., Frynas, G. (2015).Global strategic management. Oxford University Press. Rothaermel, F. T. (2015).Strategic management. McGraw-Hill. Thompson, A., Peteraf, M., Gamble, J., Strickland III, A. J., Jain, A. K. (2013).Crafting Executing Strategy 19/e: The Quest for Competitive Advantage: Concepts and Cases. McGraw-Hill Education.