Business Communications Essay Example | Topics and Well Written Essays - 2000 words - 1

Business Communications - Essay Example The electronic media has changed the world of communications. Daily meetings, face-to-face chats and trips to other cities and countries are gradually being replaced with emails, teleconferences and video-conferences. This new breed of communications has brought solutions as well as problems for office communications. This paper reviews the academic work on communications in the workplace and the impact introduction of emails have had on workplace practices. Emails have also brought new issues for management. The paper discusses management practices adopted to address these issues. The consequence of introduction of emails in an organization is an important subject for a company using electronic mail. The managerial and working practices need to be adapted to benefit from the positive aspects of using computer mediated communications (CMC) and the negative aspects of CMC as well as effect of reduced face-to face contacts need to be controlled or minimized. Compared to face-to-face contact or telephonic conversation, the advantage of CMC include the ability to retrieve and search materials, overcome the difficulty of time and distance, one-to-many communications, electronically organizing and retrieving emails and other media and reprocessing of other contents with the materials to be handled by CMC. It is often debated whether em... nfluences the decision making and participation within organizations, which types of email adoption are practiced by any single organization, uses and misuses of emails and the technology and/or discipline used to control email misuse are subject of considerable interest in the use of this medium of communication. The argument for and against emails versus face-to-face communications are often discussed in terms of Media Communication Theories. [D'Ambra et al, 1998] discuss the new organizational media with reference to Media Richness Theory (MRT) developed by [Daft & Lengel, 1986]. Media richness theory is often applied to determine the question of choice and effectiveness. The [Daft &Lengel, 1986] classification considered immediacy; the opportunity to provide timely feedback, Multiple cues; the capability of the media to provide meaning through cues such as body language, voice and tones, language variety; the capability of the medium to explain the message by using different words and personal source; the ability to convey feelings. This classification gives oral media over written media. A typical classification of different media according to [Daft & Lengel, 1984, 1986] MRT is as follows [cited in Mondyu, 1997] Media Ranking [cited in Mondyu, 1997] Communication Channel Score Face-to-Face 1.00 Telephone 0.94 Tours and Visits 0.82 Voice Conferencing 0.79 Formal Group Meeting 0.65 Computer Generated Reports 0.47 Memos and Documents 0.27 Email 0.13 Facsimile 0.11 However, the original Daft and Lengel criteria were not designed with modern communication media in mind, assuming Face-to-Face as the standard, produces a result that is biased against the Computer Mediated Communications (CMC). [Daft & Lengel, 1984] argue that a 'rich' media must have no or low

Cultural diversity Essay Example for Free

Cultural diversity Essay Cultural diversity is increasingly becoming as a significant part of many organizations and corporations. As such, problems that are concerned with intercultural and international communication occur and set in. Maintaining and nurturing effective communication techniques and methods within the organization is increasingly becoming a major concern for management and leaders of businesses and corporations. On the part of those in the organization, from the managers to the lowly staff, it is both an occasion for opportunity and challenge. The challenge for people today is truly real and necessitates action especially if one aims to make a niche for oneself. It is not an easy task considering that culture is one of the most difficult areas of study. It will take a lot of patience and persistence to be able to understand the culture of another – its complexity and composition and its traditions and taboos to be able to effectively communicate with one from another culture either through verbal language or in a non-verbal fashion. Another thing that must be taken into consideration is the fact that one is not dealing with one culture alone, but a host and in large probability, a mix of other cultures as well that are uniquely different from one another. There are, however, tried and tested principles which can be utilized and applied in order to achieve success in being able to communicate interculturally. The foremost and initial goal will be to encourage interaction, the basic thing to do is to speak in the simplest language to make the self understandable, send the correct message and make the instant connection. Next is to have the proper and correct set of values at work. It is also essential to withhold judgments and be able to show empathy and sensitivity for the cultural differences. Lastly, but equally as important, is to have the proper attitude and disposition – flexibility to make adjustments when needed and openness to learn and accept corrections. Individuals with intercultural communication skills are those with certain key competencies and characteristics and usually demonstrate open-mindedness, inquisitiveness, patience and self-awareness. These are the basic skills which help nurture a sympathetic, personal and intuitive approach to doing business. The social and cultural differences should be managed adeptly in order to decrease the prevalence of the consequences that may occur especially towards those that belong to the minority. In dealing with a multicultural population, free expression of thoughts, views and opinions should be encouraged especially in the workplace setting.By observing this, a sense of respect for the other person is conveyed, thus fostering trust and a harmonious working relationship. References: Blalock, M. ( 2006) Listen Up, Why Good Communication is Good Business. Wisconsin Business Alumni Update. University of Wisconsin Regent System. Chen, G. and Starosta, W. (2000). Communication and Global Society. New York: Peter Lang. Hochel and Roka (2008). Intercultural and International Communication for our Global Community

The Transition from Analog Television to Digital Television :: Expository Essays Research Papers

The Transition from Analog Television to Digital Television The transition from analog television to digital television is an issue that is becoming more and more prevalent today. In 1996 the FCC (Federal Communications Commission) ruled that until 2006 or when digital television reaches 85 percent of all American households (whichever comes later) broadcasters can keep their analog spectrum free-of-charge. They decided that after that all television broadcasts must be made digital(Leopold). While this seemed like a great plan in 1996, it was later realized that it would take much longer for the transition to be complete due to many factors. The digital evolution began to transpire on November 1, 1998. Since then there have been many other forms of digital technology adopted by our society and digital television quite possibly is next. â€Å"The speedy conversion to digital technology will have profound interest benefits, permitting efficient spectrum use, optimizing the development of new technologies and services to consumers, and fostering diversity and competition(FCC). What are the advantages of Digital Television? Overall there are many advantages to digital television. The point to creating digital television is to receive digitally encoded broadcasts. These digital broadcasts are more picture perfect and have more lifelike sound than analog television. In an analog system the waves are modulated into mechanical form and transmitted through air or over cable. In a digital system sound and images are analyzed first then converted into a stream of numbers. Digitized information is transmitted in this system, not mechanical waves(Johnson). Comparing Resolutions: Analog TV Resolution: 480 interlaced lines, which means that half the screen is refreshed at a time. Digital Television Resolution: 480 progressive-scan lines, which means that the entire screen is refreshed at the same time. Digital signals convert regular signals into strings of ones and zeros, which is much more efficient than analog signals. Broadcasters can maximize their use of channel space because digital signals carry significantly more information than analog signals. Several digital programs and services can be sent in the space occupied by a single analog channel. The result of this is that the consumer is provided with more channel choices(FCC).

Recognition and Reversal: Othello Essay

Aristotle classifies both recognitions and reversals as the greatest point of tragedy in a play or story. Recognitions and reversals are consistently used to develop character, advance the plot, and get a reaction of pity and fear from the audience. Recognition is the act of realization or knowledge or feeling that someone or something present has been encountered before. Reversals are a major change in attitude or principle or point of view. For the main character or hero/protagonist to realize everything that has happened throughout, reversals are used by the writer or writers. Recognition is a device which helps readers to realize a reversal. Other ways in which recognitions and reversals can be used is when the audience or reader has pity for the hero. Pity is a result of a combination of reversal and recognition. Another way recognition and reversal can be used is when the reader or audience reacts to fear, a product of reversal and recognition formed into a shocking ending to a plot. The greatest point of tragedy, as Aristotle calls it, happens when not only shock, but reversal, recognition, and pain are presented around the center of the play or story in an unexpected instant to the audience or reader at the end of a play or story. In â€Å"Othello† by William Shakespeare, examples of recognition and reversal can be seen throughout the play as the hero/protagonist Othello, goes through a life changing experience in which he realizes things through a somewhat shaded lens. In the play, as we near the end, the proceedings change and finally Othello is able to see that he has made a mistake. In a perfect world, it would not be too late to change what the aftermath will be. But, in Othello’s case, the recognition in this dramatic play happens way too late for Othello to correct the situation. â€Å"Othello† truly offer readers evident examples of recognition and reversal. Reversal is most evident in the final Act in Scene II where Othello kills Desdemona. Before the murder, Othello’s love for Desdemona is portrayed in Act II, Scene I when Desdemona arrives in Cyprus, â€Å"It gives me wonder great as my content / To see you here before me. O my soul’s joy,†¦As hell’s from heaven! If it were now to die, ‘Twere now to be most happy, †¦Ã¢â‚¬  (Kennedy and Gioia, II. I. 176-177, 182-183). However, as the play moves further along, Iago starts to manipulate the mind of Othello and Othello’s trust in Desdemona starts to diminish. At the start of Act V, Scene I, Othello places a great deal of trust in Iago – â€Å"O brave Iago, honest and just, Thou hast such noble sense† (Kennedy and Gioia, V. I. 32-33). But in Act V, Scene II, the truth about Iago is revealed to Othello by Cassio and Emilia. Othello’s trust in Desdemona is shown throughout the play until his trust starts to wither as Iago twists his mind, â€Å"Yet she must die, else she’ll betray more men . / Put out the light†¦If I quench thee, thou flaming minister, / I can again thy former light restore,†¦Ã¢â‚¬  (Kennedy and Gioia, V. II. 6-9). The greatest recognition in Othello occurs in Act V, Scene II, lines 87-91. Othello kills Desdemona. Then Cassio and Emilia appear and reveal Iago’s evil plot and Desdemona’s innocence. Othello then realizes that he was wrong and that his trusted friend Iago has played him for a fool. Once Othello speaks of the handkerchief he gave to Desdemona as a symbol of their love, Emilia knows that Iago is the person who set up Desdemona and Othello is not the one to blame. Emilia keeps repeating the words, â€Å"My husband?† (Kennedy and Gioia, V. II. 145, 152, 156) as she makes an incomprehensibly swift journey from knowing absolutely that Iago, her dear husband, is honest and totally trustworthy, to realizing that in fact he was the quintessential villain. The most distressing recognition comes near the end of the play, when Emilia, Desdemona’s friend and ally, realizes that her beloved husband Iago is the cause of all the misery and misfortune that is killing th em all. Furthermore, she realizes that she has played an unintentional part in the tragedy by following Iago’s request to steal Desdemona’s handkerchief. It has all been a plot by Iago to destroy Othello, and this is finally revealed to everyone, including Emilia (Kennedy and Gioia, V. II. 179-182, 187-189). To see Emilia come to full awareness is to see first the emotional breakdown caused by this revelation, and then to see it begin to build, as she shows heartbreak, guilt, awareness of betrayal, and recognition of supreme cruelty on the part of someone she has trusted with her life. She finally speaks  with the words, â€Å"Villainy, villainy, villainy!† (Kennedy and Gioia, V. II. 197), knowing she has to persuade everyone of Desdemona’s innocence. Recognition again occurs in Act V Scene II when Emilia hears Othello mention the handkerchief, after he has killed Desdemona: â€Å"With that recognizance and pledge of love / Which I first gave her. I saw it in his hand; / It was a handkerchief, an antique token / My father gave my mother† (Kennedy and Gioia, V. II. 221-224). At the same time, the attending visitors and soldiers, who have been called into action by Emilia’s cries in Act V, Scene II, are also realizing the truth of these terrible events. The reversal occurs as Emilia discloses that it was she who stole Desdemona’s handkerchief, â€Å"She give it Cassio? No, alas, I found it, / And I did give’t my husband† (Kennedy and Gioia, V. II 236-237). Immediately Othello knows that Iago has deceived him, and the recognition occurs as he says, â€Å"Are there no stones in Heaven / But what serves for the thunder? Precious villain!† (Kennedy and Gioia, V. II. 242-243). Emilia cannot contain herself until she has made Othello realize fully that his murder of Desdemona was based on lies told by Iago, who stands with her, threatening her life as she shouts the truth in Act V, Scene II. Her final words come after Iago stabs her for speaking. So, a triple realization happened all at once: Emilia’s living her own devastating heartbreak; she announced the truth for Othello; Othello immediately goes through an explosive episode once the truth is revealed, and then finally sees what deadly mistakes he has made. At the end of the final Act and Scene, after Iago had been exposed by Emilia, Othello feels remorseful about the murder of his wife, â€Å"O cursed, cursed slave! / Whip me, ye devils, / From the possession of this heavenly sight! / Blow me about in winds! Roast me in sulfur! / Wash me in steep-down gulfs of liquid fire! O†¦Dead, Desdemona!† (Kennedy and Gioia, V. II. 285-290). Othello then commits suicide because of the guilt he felt, the plays final reversal. As readers, we are distant from the situation and might think that we would understand what was really happening and alter our actions right away. Unluckily, in the case of Othello, the recognition happens way too late for him to change the sequence of events. Othello does not consider anyone but himself at the point near the end of the play. He does not contemplate to challenge Desdemona, as Iago fills his mind with false truths. Othello does  not question Cassio to find out if the accusations Iago is filling his mind with hold any truth. Othello takes to mind whatever Iago tells him, and does not try to find out if what Iago is saying is actually true. These actions are somewhat out of character for Othello. Usually he is calm and collected. He is a commanding general, which demonstrates that he knows how to direct and read people and how to think things through. Overall, Othello simply makes the error of taking the false truths of what Iago says, rather than investigating it. Ot hello’s deep affection and love for Desdemona make it that much easier for Iago to play with his mind. After killing Desdemona, Othello’s world falls apart in front of him because it is then that Othello realizes the outcome with his recognition of the fact that he was wrong to take the life of the one he so deeply loved based on a false truth. Othello’s world spins around him quicker than he can imagine, before it comes to an end. He has slain the woman he loved most in the world. The man he believed was his best friend twisted his mind and deceived him. All of this is more than he can bear. So, Othello gives one final speech in which he asks the men to remember him as he truly was. Othello requests them not to â€Å"lay it on thick† what a good man he was, nor to defame his character. Othello wanted them to think of him as a man who loved too much, however irrational it might have been. Many exceptional examples of reversal and recognition are shown throughout Othello. Constant use of recognitions and reversals to develop character, advance the plot, and get a reaction of pity and fear from the audience are clearly evident in Othello. Perhaps if Othello would have taken a minute to think about the long term outcome of his actions, he might have seen that there was more than one option of action available to him. However, if Othello had chosen another option, there would have been no recognitions, no reversals, and in turn no drama in the play. Works Cited: Aristotle. GradeSaver. 1999-2011. 11 11 2011. Dictionary.com. 2011. 07 11 2011 . Dictionary.com. 2011. 07 11 2011 . Kennedy, X.J. and Dana Gioia. Literature: an Introduction to Fiction, Poetry, Drama, and Writing. New York: Pearson Longman, 2010.

Case Study of Marks and Spencer Essay

Introduction Marks and Spencer is one amongst the main retailers in kingdom managing over 600 stores and handling many workers. At present, the corporate is that the leading supplier of women’s wear and nightclothes within the UK. Within the space of different attire, these have incurred a substantial quantity of growth. The corporate additionally provides for food retail. This report has been based on strategic planning of Marks and Spencer. TASK 1: 1.1. Explain the importance of external factor affecting an organization to begin your report describe how you should use SWOT and STEEP analysis to explain the current context of an organization in your chosen case study. SWOT Analysis: SWOT analysis is that the analysis that helps organization to search out the position of their whole and also the image of product within the current market they’re in operation this analysis helps to search out the subsequent points of the organization within the market (Henry, 2008): Strength Weaknesses Opportunities Threat If we tend to do a similar analysis in Marks and Spencer than following would be the results of the analysis in keeping with the on top of strategic examples: Opportunities: Below are the opportunities for Marks and Spencer on which it can capitalize its strengths: Enter in new market with the prevailing product however with glorious worth. Marks and Spencer can enter in emerging markets such as India and China to avail the opportunities of growth in these markets. Become a preferred fashion supplier with inexperienced thinking till 2012. Fashion industry has potential of growth in future. Marks and Spencer can avail this opportunity by expanding its store networks. Threat: Below are the threats available to M&S: Change in fashion merchandise and clothes by competitors frequently can impact the market share of Marks and Spencer. Change in polices of government in terms of financial policies that might impact the borrowing power of M&S. Increasing competition in the market has forced the company to be competitive in cost. Because of intense market competition, Marks and Spencer can face decrease in its market share. Because of increase in inflation, buying power of customers is decreasing. This can impact the market share of company at large scale. Political Analysis The government of kingdom encourages commerce in its territory. This can be primarily seen within the varied corporations that originate from completely different components of kingdom. It’s sometimes standard that any variety of trade is authorized within the aforementioned region on condition that it’s not contrary to public policy, public order, or any existing laws applicable in kingdom. This can be inspired with the membership of kingdom in commerce blocs just like the Common Market and international trade organizations like the globe Trade Organization (Daft, 2010). Economic Analysis The UK is among the centres of commerce in Europe as an entire. Shoppers aren’t restricted to the native voters as a considerable amount of travellers congregate on the streets of its urban areas on a continual basis. This can be correspondingly correct within the context of the retail  business, specifically within the neck of the woods of classy articles like fashion and attire (Collier, 2004). The client base has the propensity to involve many sorts of wear betting on the prevailing variety of weather of the realm. Technological Analysis A lot of people in United Kingdom are capable of accessing within the net. This intimates that variety of the businesses square measure able to maximize of their operations and broaden by using e-commerce initiatives. This is often primarily seen in foremost retail organizations like Tesco. Hence, on-line promoting and buys created within the course of cyberspace is popping intent on be one amongst the competitive blessings no inheritable by the leading retail organizations in UK. 1.2. Describe how the need and expectation of stake holder here influenced the strategic decision of the business selected in the case study Stakeholders have different expectations from the organizations. Future strategic plans of the company can impact the expectations of its stakeholders and vice versa. Following are the expectations of stakeholders of Marks and Spencer regarding strategic decisions of business: Shareholders: They are the individuals who have invested in the company. The shareholders of Marks and Spencer expect high return on investment from the strategic decisions taken by management. Employees: The employees of Marks and Spencer expect job security and high salaries. In addition to this, the employees of Marks and Spencer also expect assurance of a developing working environment through strategic decisions. Customers: They are very important stakeholder of Marks and Spencer. They demand that strategic decisions of company offer hem quality product and services at their convenience while maintaining price at affordable range. Community: The community is also an important stakeholder of Marks and Spencer. It demands that the Marks and Spencer must contribute towards it through its strategic decisions in terms of sustainable practices. 1.3. Explain the changes in the external environment in the case study example that have happened so far. The STEEP analysis of Marks and Spencer is effective to analyse the external environment of the company. The STEEP analysis of Marks and Spencer is as follows: Political Factors: Within the case of Marks and Spencer, one amongst the additional worrying political elementary parts that they need to modify is that the issue of labour regime  and preservation of commercial relationship. Years ago, the event makes an attempt sought-after by the organization are restricted by many encroachments of worker rights that primarily are against labour laws not solely within their operations in the domestic level however additionally in their international endeavours (Marr, 2006). This can be significantly correct in their French operations whereas the organization was charged of grave abuse and breaking of celebrated labour laws. Economic Factors: Increasing inflation has impacted the market share of the company. The analysis of economic factors has shown that the buying power of customers is decreasing because of increasing inflation. In addition to this, increasing competition and slow growth of the industry has impacted the market share of company. In the last 25 years, market share of Marks and Spencer has declined from 14.8% to 10.8% (Zoe, 2012) Social Factors: In the framework of social and cultural aspects of the setting, the regular United Kingdom has the tendency to be extremely loyal to a selected whole. The quality of quality of the merchandise is imperative in each deal however may effortlessly be defeated by a fairly competitive valuation strategy from an opposing whole. Current observations equally indicate that predilection on trendy designs over the classics looks to indicate among the United Kingdom shoppers. Technological Factors: Increasing technological advancement in the industry has impacted the efficiency of the processes. Decrease in cost can be achieved through effect ive use of technology. The industry analysis shows that Marks and Spencer has not been efficient to respond to technological advancements. TASK 2: 2.1. Explain the effects of its current business plans on your organization. The Vision and Mission of Marks and Spencer The company seeks to grow into a world category distributor. Marks and Spencer intends to attain this by specializing in 5 key growth areas: A. the corporate seeks to still invest in and grow its core retail business by introducing new merchandise and services B. the corporate seeks to strengthen its property portfolio. C. the corporate seeks to boost on its M&S Direct business D. the corporate seeks to expand on their international business E. the  corporate seeks to integrate â€Å"green† operations in doing business by incorporating their â€Å"Plan A.† The current business portfolio of Marks and Spencer can be accessed through BCG Matrix. BCG Matrix suggests that it is good in terms of clothing and has position of stars on the BCG matrix. However, in food market, the position of Marks and Spencer is at question mark. This is because market share of Marks and Spencer in food market is very low. The industry growth in fashion market of United Kingdom is also show which suggests that the position of Marks and Spencer is moving towards dogs. With substantial inflow of capital and differentiation of products and services, Marks and Spencer can take position of stars on BCG Matrix. 2.2. Review the organization present position on the market place, and consider especially its customer base, and more generally its rivals. Marks and Spencer have robust weapon in trade: very robust name. This implies that their whole is related to factors like category and quality. Another department that the corporate hold is seen in its prosperous history in mercantilism. At some stage in the years of its functions, it’s obtained an honest range of amenities that function moneymaking institutions for Marks and Spencer. Alongside this history is that the continuation of established partners and alliances that has been obtained by means that of over a century of business. Among the most flaws of the corporate square measure 1st and foremost perceptible in its management. Specially, a match involving the arrangement of the corporate, the character of its trade, and therefore the authentic management approaches has nonetheless to be established. Moreover, being a performing artist within the competitive business of retail, an organization should own active promoting talents (Michael, 2009). However, it seems that Marks and Spencer has been insulation in terms of selling enhancements like loyalty cards and operation of customer-focused functions. The market share of Marks and Spencer has been declining in the market of United Kingdom. In the past year i.e.2011, the market share of Marks and Spencer has decreased from 10.9% to 10.4% because of intense competition and shortage of purchases (Zoe, 2012). In 1989, the market share of Marks and Spencer was 14.8% in the United Kingdom which has decreased in the 25 years because of increasing competition in the market (Zoe, 2012). The strategic plans of Marks and Spencer have played important role in this regard. The strategic plans of the competitors have worked effectively and  increased their market share. For instance, the market share of Next (competitor of Marks and Spencer) has risen from 1.5% to 7.5% in the same period (Zoe, 2012). Therefore, the biggest reason behind decline in market share of Marks and Spencer is its strategic plans (Zoe, 2012). 2.3. Evaluate the competitive strength and weakness of your organization current business strategies. Strengths: Reputation: Marks and Spencer is the famous brand in the United Kingdom. Strong image of brand is the major strength of the company that attracts customers. Online Shopping: Marks and Spencer allows customers to purchase through internet. Online shopping allows convenience to customers and contributes in strong position of the company. Weaknesses: Slow to change: Marks and Spencer is slow in its response towards changes in customer trends and preferences. The competitors of Marks and Spencer can take advantage of this weakness of the company by responding quickly to market changes. Lack of newness: the products and services of Marks and Spencer are not innovative and creative. Competitive worth: Low creativity, innovativeness and response to changes in environment have reduced the competitive worth of Marks and Spencer. Shortage of Suppliers: Marks and Spencer does not have wide choices of suppliers. In this way, the company is weak in its buying power. Task 3: 3.1. Suggest strategic option for M&S The strategic options for Marks and Spencer can be determined through effective analysis of industry and competitor moves. The ANSOFF Matrix can be effective tool for suggesting strategic options for Marks and Spencer. The ANSOFF Matrix for Marks and Spencer is as follows: Market penetration: This is the strategy through which existing products are pushed in the existing market. Market Development: This is the strategy through which new markets are searched for the existing products of the company. Product Development: This is the strategy through which new products are developed for the existing markets of the company Diversification: This is the strategy through which new products can be developed for new markets of Marks and Spencer. Marks and Spencer can implement this strategy by adding  differentiation factor in its products and pushing new products in new markets. The above strategies are effective for the Marks and Spencer to increase its market share in the United Kingdom. The company has strong capabilities which can be incorporated in the strategic plans of the company in an effective way to achieve its aims and objectives. 3.2. Describe the activity of business rivals which compete with your organizations and assess the impact of such an activity on it. The competitors of M&S are identified as departmental stores, small local retailers and supermarkets. In more specific form, the competitors of M&S are Debenhams, House of Fraser and BHS. Moreover, Tesco and Sainsbury have also been giving competition to it to some extent. The competitors of M&S are using model of shop within a shop. They have been focussing on the expansion of their businesses across United Kingdom. Tesco has adopted a policy of offering huge price cuts to customers for increasing its sales volume. In 2012, it has showered customers with price cut offers. These extensive discounts offered by Tesco (Wallop, 2012) may impact the business of M&S because customers tend to buy the products that are priced low. In this way a substantial customer population of M&S may shift towards Tesco. This may result in decrease in market share of M&S. 3.3. Returning to your suggestions (3.1) for strategic option, how would you develop them further in light of this competition? In relation to the competition, expansion strategy can be very effective for Marks and Spencer. As competitors are expanding business across the geographical boundaries in order to increase their market shares, Marks and Spencer can also excel in the market by adoption investment strategies. In real terms, this can be done by saving cost through cost leadership strategy. By adopting cost leadership strategy, Marks and Spencer can save cost and invest it for expanding its operations. Cost Leadership Strategy Cost leadership strategy may be a strategy during which company offers low price with prime quality to the shoppers. Company will sale its product at average costs of trade so as to realize high profits. The second chance is that company sells its product at lower costs than the trade costs. The concept behind this idea is to draw in higher market share. By getting price advantage firms will get competitive advantage within the market. Price leadership strategy will be adopted by raising the processes of business so  inefficiencies will be aloof from the business (Pearson, 2009). Differentiation Strategy Differentiation may be a strategy that enables firms to supply distinctive merchandise or services that have price to the shoppers. The distinctiveness in merchandise or services should not be offered by the competitors. All the promoting methods aim to induce differentiation. Differentiation is that the prime supply of competitive advantage for firms (Porter, 1980). The differentiation strategy permits firms to draw in customers at higher costs. Differentiation strategy permits firms to charge high costs to the shoppers so as to supply distinctive merchandise and services to them. Promoting methods are designed so as to draw in customers and to supply individuality to the shoppers. Focus group strategy This dimension is not a separate strategy in and of it, but describes the scope over that the company need to contend supported worth leadership or differentiation. The firm can worth additional extremely to contend at intervals the mass market (like Wal-Mart) with a broad scope, or in focused market section with a slim scope. In either case, the concept of competition will still be either cost leadership or differentiation (Michael, 2005). Market Development This strategy involves investment in different markets and innovation. It is only the difficult times when businesses get a chance to alter and revise their current strategies and implement new ones. Apart from this, most companies may lack proper resources to implement a proper business strategy or they might just make temporary changes in their market structure and less attention to product innovation. This reduces the chances of an investment strategy to be successful. TASK 4: 4.1. Now shape these suggestions into a coherent business plan, and indicate how the structure of the plan needs to be developed with participation of relevant stakeholder. Suppliers  Suppliers are called key stake holder of any organization. Particularly in Marks and Spencer they need an excellent influence and that they hold the  talk’s power that’s why any new strategic policy might have an effect on them, thus once M&S have new strategy or changes within the organization they need to recognize and discuss its connected contents with their suppliers (Smit, 2003). The suppliers of the company can be involved in the strategic plans by developing partnerships with them so that consistent supply of quality materials can be ensured with cost effective buying. Customers: Customer are key stake holder of any organization as a result of they hold the money within the stores of any company and have the facility to spend it wherever ever they require, that the policies of the corporate ought to be kind within the means that defend the interest of consumers (Burns, 2009). The new strategic plans of the company must involve customers through effective marketing strategies. Employees: In any organization particularly if we tend to took an example of M&S they need managers with the expertise of six to seven years and that they are perpetually operating in a very same setting with loyalty and progressing with the nice name, thus it’s important to require additional care of workers whereas doing strategic planning for organization. The higher than division of stake holders with their level of interest and power shows the result they may create within the strategic planning. 4.2. Describe appropriate criteria for reviewing potential options for the proposed strategic plan. The criteria selected for the evaluation and monitoring of proposed plan is as follows: Suitability: This factors refers that whether the overall project is worthwhile and rational or not. The proposed plan for Marks and Spencer will be evaluated that whether the strategy addresses the mission of the company or not. Moreover, this factor also assesses the effectiveness of the proposed plan of the Marks and Spencer from economic point of view. SWOT analysis of the company is conducted to address this factor. Feasibility: This factor refers to the idea that whether the company has enough economic resources for achieving the aims of proposed plan. The resources included in this regard are market access, people capital and expertise. Through cash flow, forecasting, resource deployment analysis and break even analysis will be used for evaluating the worthiness  of the proposed plan. Acceptability: This refers to the idea that stakeholders of the company have agreed with the strategic aims of the proposed plan. The financial and nonfinancial outcomes of the proposed plan of Marks and Spencer are accessed through this factor. The employees would have concern about the nonfinancial outcomes of the proposed plan such as about working conditions. 4.3. Describe how the plan includes an assessment of the resources required to implement the plan. The strategic plan of any organization needs to be reviewed on regular basis so that its results can be measured against set objectives. In order to implement the strategic plan, resources are required (Marr, 2006). Marks and Spencer needs to assess its following resources for effective implementation of strategies plan: Financial resources: Marks and Spencer has strong financial resources in the form of capital and store networks. It is a listed company having plenty of funds available for expanding its operations and improving current business practices. Human resources: In more than 300 stores of Marks and Spencer, huge workforce is present which is qualified and efficient and has potential for achieving financial returns for the company. TASK 5: 5.1. Compare the core values of the organizational against its current business objectives. The core values of M&S include quality, innovation, customer values and commitment. In addition, M&S believes that it is a trusted retailer and has a strong heritage of highly qualified and efficient employees. Moreover, engagement and involvement of employees in the business objectives is also preferred by the M&S. The objectives of the M&S include providing quality products with high innovation. Moreover, the organization also has aim to provide customer each time a new product. In this regard, the core values i.e. innovation and quality provision are highly related with the organizational values. In order to produce innovation in the product, the employees are encouraged and involved in the organizational processes and designs. In this way, it is said that the organizational values and objectives of M&S are aligned with each other. 5.2. Develop these values into a vision of the organization and suggest a mission statement that expresses these values. The core values of Marks and Spencer are stated in following vision: â€Å"To be the best brand against which all other competitors are measured† The mission statement of the Marks and  Spencer is as follow: â€Å"To provide quality products to customers while increasing market share† 5.3. Describe how this vision can combine with the business objectives of the strategic plan, so that an inspiring vision of the future of the business can involve all relevant stakeholders. The vision of the organization is to provide the best brand to customers in comparison with the competitor’s products and brands. On the other hand, the organizational objectives include providing high quality innovative products and services to customers. The inspiring vision of providing high quality and innovative products has been effectively distributed and transformed into organizational objectives. The employees at the lower end are aware of the organization vision because they are given appropriate environment to produce innovations and creativity in the products. In the strategic plan, the organizational objectives and vision is combined to produce high quality and innovative products. In future, the strategic plan will provide highly effective because it has involved the all relevant stakeholders of the organization. The employees are involved in the strategic plan to produce creativity and innovation in the products. The customers are involved in a sense that they are provided high quality and new product products. Through innovation and quality in products, the sales and market share of the company may increase. This may result in high profitability of the organization which will ultimately contribute positively to the shareholders of the M&S. 5.4. Develop measure for evaluating your strategic plan. In order to evaluate the strategic plan, following measures are developed: Ongoing monitoring: The objectives of the strategic plans are continuously monitored on the basis of the objectives. The ongoing and completed objectives will be monitored that whether the strategic plan is implanted effectively or not. For the ongoing objectives, suggestions or appropriate actions will be taken to lead the overall strategic plan to appropriate accomplishment. The achievements of the plan objectives will be measured on regular basis. Qualitative and quantitative measures will be adopted for evaluating the strategic plan. TASK 6: 6.1. Develop a schedule for implementing a strategy plan in an organization. Formulating a timetable permits the corporate to possess a close map of the  strategy. Within the case of Marks and Spencer, the creation of a timetable permits them to understand the vision of the corporate by specifically pinpointing actions required to for its implementation. A timetable permits the corporate to possess a transparent cut and elaborate define of the events. This is often additionally an honest tool to live whether or not or not the corporate is moving forward or not. The schedule for the implementation of plan is as follows: First Year: The research and development activities will be effectively developed to introduce the innovation and creativity in the organization. The customer traffic will be improved through offering innovative and quality products. Second Year: The market share will be improved through offering long term benefits to customers. The customer loyalty cards will be used for building customer loyalty for the organization. Third Year: Finally, in the third year the company will tend to expand its market to areas where it has not shown its presence. New stores will be opened by the organization. 6.2. Describe system of information dissemination most likely to inspire stakeholder’s commitment to the plan. Communication regarding strategic plans can be of two types (John, 2010): Proactive communication Reactive communication In this particular case, proactive communication mechanism needs to be implemented. Before implementing plan, all stakeholders must be communicated for getting their suggestions regarding strategic plan. This will not only build trust among stakeholders but also enhances chances of effective implementation of strategic plan. Through continuous reporting and meetings, shareholders will be informed about the strategic plans of the company. The shareholders of the company will be involved as active part of the company so that they can get satisfaction regarding policies of management. The suppliers and customers will also be kept informed through reporting. The customers will be informed about the new offers of company through advertisements and marketing tactics. In this way, Marks and Spencer will be using both types of communication strategies in Marks and Spencer. Before the implementation of plans, the shareholders and employees will be taken into confidence. On the other hand, after significant achievements, they will be informed through reactive communication strategy. 6.3. Describe  system that will continually monitor and evaluate how your strategic plan is implemented, one that anticipates future opportunities as well potential problem. The system for evaluation and monitoring of the strategic plan must include wide range of data. The company needs to collect data from several resources regarding the progress of the plan. After data collection, results must be measured against SMART objectives designed for the plan. In order to counter with potential problems, Marks and Spencer needs to implement a culture of innovation. Management by Objective tool will be used by Marks and Spencer for the monitoring of proposed strategic plan. Management by Objective is the way through which objectives will be defined by the management and employees of Marks and Spencer in accordance with the strategic objectives of the organization (Daft, 2010). Employees will be given clear understanding of the aims and objectives of the company. Through following way, this plan will be implemented in the company: Setting Objectives: In the first step, objectives are set by engaging supervisors and employees in a coordinated way Developing plans: In the next step, plans are developed for the achievement of strategic objectives of Marks and Spencer. Periodic Reviews: On periodic basis, evaluation will be made regarding achievement of strategic objectives. The performance of all objectives will be assessed through effective implementation of plans. Performance Appraisal: Lastly, the performance of employees will be appraised against the set objectives. This step will be effective for granting rewards and promotions to employees. Effective appraisal system will help the management of Marks and Spencer to motivate its employees in an effective way. References Michael A. Hitt, R. Duane Ireland, Robert E. Hoskisson, 2009, Strategic Management: Competitiveness and Globalization : Cases, Daft, J. Murphy, H. Willmott, 2010. Organization theory and design, 10th Ed. Porter, M.E., 1980, â€Å"Competitive Strategy: Techniques for analyzing industries and competitors† New York: The Free Press Smit, E. and Morgan, N. I. 2003. Contemporary Issues in Strategic Management. Kagisho Publishers: Cape Town Collier, N. 2004. Marks and Spencer. Cranfield School of Management Marr, B. 2006. Strategic Performance Management: Leveraging and Measuring your Intangible Value Drivers. Elsevier Burns, B. 2009. Managing Change. 5th Edition, Prentice Hall Marr, B. 2006. Strategic Performance Management: Leveraging and Measuring your Intangible Value Drivers. Elsevier Pearson, G. 1999, Strategy in Action, Prentice Hall Financial Times. Zoe, 2012. M&S loses further ground in battle for vital womenswear market, The Guardian. Available at: http://www.guardian.co.uk/business/2012/jun/08/marksspencer-retail Daft, 2010. Management International. Illustrated. Cengage Learning EMEA John, 2010. Management. Ed. 11th . John Wiley & Sons Wallop. (2012). Tesco sales improve as discounts draw in shoppers. Available at: http://www.telegraph.co.uk/finance/newsbysector/retailandconsumer/9121175/Tesco-sales-improve-as-discounts-draw-in-shoppers.html Retrieved on: 20th May, 2013

Australian Legal Studies Student Tutorial Book Semester 2 Essays

Australian Legal Studies Student Tutorial Book Semester 2 Essays Australian Legal Studies Student Tutorial Book Semester 2 Essay Australian Legal Studies Student Tutorial Book Semester 2 Essay Australian Legal Studies Student Tutorial Book Semester 2 2013 ? Australian Legal Studies Course Semester Two Tutorial Format 1 session of 1. 5 hours duration per week There is one tutorial session each week and each session will focus on topics from the previous weeks lecture. For example, in week 2 the tutorial will discuss topics covered in the lecture for week 1. The topics for each weeks lecture and the reading you are expected to do for that lecture are set out in the â€Å"Outline and Reading Guide†. As well as reading from the set textbooks you also need to read the additional readings and resource materials for each unit. These materials are located in the separate Legal Studies Supplementary Material booklet which accompanies this Tutorial Program. The questions which you will discuss or present in your tutorials are listed in this Tutorial Program. Before each tutorial you must complete the suggested reading for that week and then prepare formal, written answers to the questions. You are expected to take an active part in these tutorials by discussing the topics and by raising questions. You will also be given regular writing and a team oral task to complete in tutorials and are expected to refer to decided cases in your answers. It is essential that you prepare for these tutorials by completing both the reading and writing tasks. This will ensure your success in the program. UNSW Foundation Studies 1 ALS Tutorial Book Semester 2 Australian Legal Studies Course Outcomes Rationale Australian Legal Studies introduces students to the Australian constitutional and legal framework. It assumes no previous knowledge. The course examines some detail of the major topic areas that students can expect to encounter at undergraduate level. Students will gain a clear awareness of the important institutions and processes in the Australian and Global legal environment and be exposed to current political and legal issues. Content Outcomes At the end of the course successful students will have developed an: ? understanding of the origins and sources of Australian and International law ? understanding of comparative legal systems and the responses of domestic law to global challenges ? awareness of how cultural differences impact upon the legal system ? appreciation of the impact of law on everyday life and on business operations understanding of basic legal terminology and concepts ? ability to analyse legal cases and apply the law to a range of situations ? awareness of the complexity of legal issues in the global business environment and in the world of e-commerce ? awareness of a variety of dispute resolution processes in Australia and from a global perspective UNSW Foundation Studies 2 ALS Tutorial Book Semester 2 Skill s Outcomes At the end of the course successful students should be: ? competent in both oral and written English language communication skills required for successful undergraduate study proficient in using a range of communication technologies ? able to think critically and analyse problem solving questions in legal studies ? able to engage in independent and reflective learning ? proficient in locating and using information from a variety of sources ? able to work in groups and teams ? familiar with teaching and learning styles at Australian universities ? able to behave ethically and take responsibility for their own actions and educational outcomes ? effective at task and time management ? aware of different cultures and understand alternative viewpoints UNSW Foundation Studies 3 ALS Tutorial Book Semester 2 Student Assessment in Australian Legal Studies Standard Program Assessment schedule Item Duration Weighting Semester 1 exam 1. 5 hours 30% Final exam (Sem. 2 topics only) 2. 5 hours 60% Tutorial Preparation Participation Full year 10 % (2 x 5%) UNSW Foundation Studies 4 ALS Tutorial Book Semester 2 Semester 1 Exam Weighting: 30% This assessment item examines all units from Semester One. Normally a semester examination consists of multiple choice items and short written responses similar to those asked as tutorial questions. The semester exam covers semester 1 units only. Final Exam Weighting: 60% This Examination covers all units from Semester Two. Normally the Final Examination consists of multiple choice questions, short written responses and longer essay answers. The final exam covers semester 2 units only. Tutorial Preparation/Participation Weighting: 10 %( 2x 5 % per semester) Marks are allocated according to a variety of criteria relating to students overall tutorial performance. Some of these criteria might include: ? the quality of written answers prepared for tutorials and quality of graded writing tasks; ? individual oral presentations on particular tutorial questions as nominated by the tutor; ? o-operation and willingness to participate in and at times lead discussion on particular tutorial questions as nominated by the tutor ? evidence of completion of the required and additional reading; ? punctuality and attendance UNSW Foundation Studies 5 ALS Tutorial Book Semester 2 Australian Legal Studies Oral Presentation Student Feedback Sheet Student name / tutorial gro up: Grading Criteria Excellent Very Good Satisfactory Not Satisfactory Organisation Evidence of planning Content Relevant and accurate Quality Explanation of legal issues and concepts Discussion Facilitated and responded to class questions Delivery Confidence, clarity, resources used Time Frame Kept within time limit 5-10 min Additional Comments by Tutor: Overall Grade: Date: Signature of Tutor: UNSW Foundation Studies 6 ALS Tutorial Book Semester 2 Required Textbooks KEY TO REFERENCES Alderson P (2006) Legal Dictionary for Australians,2nd ed. McGraw-Hill, Sydney. Note: Students are expected to make ongoing use of their dictionary. Carvan, John (2010) Understanding the Australian Legal System 6th ed. Lawbook Co. Sydney Chew Charles YC (2008) Business Law Guidebook 1st ed Oxford Melbourne Australia Australian Legal Studies Supplementary Material RELEVANT eo. gov. au (Parliamentary Education office) aph. gov. au (Australian Parliament House) hcourt. gov. au (High Court of Australia) austlii. edu. au (Aust. Legal Information Institute) lawlink. nsw. gov. au (NSW Courts and Tribunals) ipaustralia. gov. au (Intellectual Property Australia) ahtcc. gov. au (Aust. High Tech. Crime Centre) acia. org. au (Aust. Centre Internation al Commercial Arbitration) law. unsw. edu. au/centres/klc( Kingsford legal centre UNSW) comlaw. gov. au (Commercial law) business. ov. au ( Business Law) australiancontractlaw. com (contract aw) flyingsolo. com. au ( sole traders) UNSW Foundation Studies 7 ALS Tutorial Book Semester 2 Semester 2 Outline and Reading Guide Unit Lecture topics Reading for Tutorials 1 Introduction to Commercial Law Legal framework for the operation of a business Alternative business structures Obligations of business owners Chew ch 9 Carvan p. 194-198 SM Corporations Law Concept of legal personality and the corporate veil ( Salomon case) Advantages and disadvantages of Incorporation Role and responsibility of company directors (ASIC v Adler) Remedies for breach of duty 3 Negligence 1 Tort of negligence –Donoghue v Stevenson Duty of care-neighbour principle Standard of care reasonable person test Causation but for test Remoteness of damage 4 Chew ch. 8 Carvan ch. 8 SM Negligence 11 Liability for negligent misstatement and pure economic loss Liability of professional advisers Vicarious liability Defences-Contributory negligence Voluntary assumption of risk 5 Chew ch’s 10 11 Carvan p. 194-198 SM Chew ch. 8 Carvan ch. 8 SM Contracts I Nature of contract law Elements of a contract Offer and acceptance Competition and Consumer Act UNSW Foundation Studies Chew ch. 2 Carvan ch. 7 SM ALS Tutorial Book Semester 2 Unit Lecture topics 6 Reading for Tutorials Contracts II Intention to create legal relations Consideration Remedies for breach of contract 7 International Sales Contracts 1 Contracts and International Trade Vienna Convention of CISG How to negotiate and carry out an export contract 8 SM International Sales Contracts 11 Case Studies Choice of Law rules Proper Law Private International law 9 SM Resolving Business Disputes ADR methods used in commercial disputes Case Study-International business dispute 10 Chew ch. 7 Carvan p. 85-87 Intellectual Property Law Intellectual Property (IP) concepts IP protection- Aust. and International UGG boots case study 11 SM Carvan p. 201-204 E-Commerce and the Law Case Study- Gutnick v Dow Jones Legal Challenges for the future e. g. identity theft Contracting on-line Cybercrime- defamation, fraud, piracy. 12 13 Chew ch’s 34 Carvan ch. 7 SM Chew ch. 7 SM Revision Revision units for Exams M. C. essay writing skills Review of Sample Exams Sample Exam Booklet Final Exam UNSW Foundation Studies 9 ALS Tutorial Book Semester 2 1 Introduction to Commercial Law Week 2 The following terms and concepts must be understood in the context of the tutorial. You should provide written definitions of these concepts. commercial law business entity sole trader partnership franchise company Prepare answers to the following questions using paragraph form. 1. What is the scope of commercial law? How do business and the law work together? (Give an example) 2. Mr. Lee wants to establish a construction business. He seeks your advice about different types of business structures. What are the alternative business structures he may consider? 3. What are the advantages and disadvantages of the following alternative business structures? ? Sole trader ? Partnerships ? Franchise . When establishing a business, what are some of the legal obligations of a business owner? Writing Task What is commercial law? Explain some of the legal obligations of the business owner when establishing and operating business. Student Presentation: Question 2 UNSW Foundation Studies 10 ALS Tutorial Book Semester 2 2 Corporations law Week 3 The following terms and concepts mu st be understood in the context of the tutorial. You should provide written definitions of these concepts. corporation corporate personality limited liability unlimited liability corporate veil fiduciary relationship shareholder irector perpetual succession Prepare answers to the following questions using paragraph form. 1. What are the advantages and disadvantages of incorporation? 2. Discuss the legal principle of the corporate veil and in your answer refer to the case of Salomon v Salomon Co. Ltd (1897) UK. 3. When would the court lift or ignore the corporate veil? (give examples in your answer) 4. Explain the duties of Mr. Lee as a director of Lee Constructions Ltd. What remedies could the court impose for a breach of these duties? (In your answer refer to ASIC v Adler (2002) Writing Task What is the corporate veil? Explain the circumstances under which the corporate veil could be lifted. (In your answer refer to a decided case) Student Presentation: Question 4 UNSW Foundation Studies 11 ALS Tutorial Book Semester 2 3 Negligence 1 Week 4 The following terms and concepts must be understood in the context of the tutorial. You should provide written definitions of these concepts. tort negligence duty of care standard of care â€Å"reasonable (person) test† causation â€Å"but for test† remoteness of damage defence Prepare answers to the following questions using paragraph form. 1. Explain the elements of negligence. 2. Discuss the element of duty of care developed in the landmark case of Donoghue v Stevenson (1932). Refer to Lord Atkin’s definition of â€Å"Who is my neighbour†? 3. Mr. Lee was having a business lunch at a hotel in Sydney with a client who bought him a can of beer. After drinking some of its contents, he found a fly in the can. When he saw it, he became quite ill. He decides to sue for compensation. The manufacturer claims that it does not owe the man any duty of care because it did not sell the drink to him. Instead the publican should be liable because he sold the can to him. (i) Identify the type of tort and relevant precedent case. (ii) If you were the judge, what decision would you make in this case? Explain the ratio of your decision. What are the possible civil defences? (iii) 4. Explain the element of breach of duty with reference to the following cases: Bolton v Stone and Paris v Stepney Borough Council Writing Task What is negligence? Explain briefly the elements which the plaintiff must prove to be successful in a negligence action. (In your answer refer to decided cases) Student Presentation: Question 3 UNSW Foundation Studies 12 ALS Tutorial Book Semester 2 4 Negligence 11 Week 5 The following terms and concepts must be understood in the context of the tutorial. You should provide written definitions of these concepts. negligent misstatement pure economic loss contributory negligence voluntary assumption of risk vicarious liability Mr. Lee has, for many years, operated a construction business in Sydney. He decided to expand his business but realised that to do so he would need to borrow a significant amount of money. Mr. Lee went to his local branch of the Oright Bank to ask for a loan. He spoke to Barlow, the branch manager. The Oright Bank has an established practice of giving free financial advice to members of the public. Barlow advised Mr. Lee that the Oright Bank would not grant him a loan and that in any event Mr. Lees best course of action would be to borrow Swiss francs from the Bank of Geneva. The Bank of Geneva was lending Swiss francs at a much lower rate than Mr. Lee would have to pay if he borrowed Australian dollars. Acting on this advice, Mr. Lee borrowed one hundred thousand Swiss francs from the Bank of Geneva. Soon after Mr. Lee took out his loan the Australian dollar fell heavily against the Swiss franc. As a result of that fall, Mr. Lee must now repay, in dollar terms, twice as much as his original loan. Mr. Lee now claims that Barlow was negligent in not warning him of the risks of currency fluctuation and in not advising him to take out insurance to protect himself from those risks. He wishes to take legal action against the Oright Bank to recover his loss. Write a report to advise Mr. Lee of his chances of success based on the tort of negligence. (In your answer refer to decided cases such as Hedley Byrne, Shaddock, Esanda. ) You will need to consider these issues: a) b) c) d) e) f) g) Is the Oright Bank liable for damage caused by Barlows negligence? Did Mr. Lee suffer pure economic loss? Does the Oright Bank owe Mr. Lee a duty of care? If so, has the Bank breached its duty? If so, did the banks breach cause Mr. Lee’s loss? Is Mr. Lee’s loss too remote? What are possible defences which the Oright bank can argue? Writing Task (Mandatory): Connie case (provided by tutor) Student Presentation: None UNSW Foundation Studies 13 ALS Tutorial Book Semester 2 5 Contracts 1 Week 6 The following terms and concepts must be understood in the context of the tutorial. You should provide written definitions of these concepts. offer acceptance agreement contract invitation to treat breach Competition and Consumer Act 2010 Prepare answers to the following questions using paragraph form. 1. Identify and discuss the essential elements of a valid contract. (In your answer distinguish between simple and formal contracts under seal) 2. Explain the rules of offer and acceptance. (In your answer distinguish between an offer and an invitation to treat) 3. Analyse the case of Carlill v Carbolic Smoke Ball Co 1893. Discuss the facts, issue, arguments of both sides and decision in this case. Consider the relevance of the Competition and Consumer Act 2010 (previously the Trade Practices Act) S18 if the case was being heard today. 4. Mr. Lee sees the following advertisement in a magazine: â€Å"Use Hair Loss Restorer daily for 10 weeks and your hair will regrow to its original thickness, if not a full refund is guaranteed! † Mr. Lee purchases the product, uses it as directed, however his hair continues to fall out! He claims a refund but the company refuses to pay. Advise Mr. Lee as to his rights under the Law of Contract. (In your answer refer to one decided case) Writing Task: Bargain Stores case study (provided by the tutor) Student Presentation: Question 4 UNSW Foundation Studies 14 ALS Tutorial Book Semester 2 6 Contracts 11 Week 7 The following terms and concepts must be understood in the context of the tutorial. You should provide written definitions of these concepts. intention to create legal relations consideration remedy damages specific performance Prepare answers to the following questions using paragraph form. 1. How important is intention to enter into legal relations in contracts? Refer to Balfour v Balfour (1919) and Merritt v Merritt (1970) in your answer. 2. Explain the difference between adequate and sufficient consideration. Refer to decided cases. 3. Where there has been a breach of contract, what remedies are available to the innocent party? Refer to examples in your answer) 4. Mr. Lee has lost his dog and has placed an advertisement in the local newspaper offering to pay a reward of $50 to anyone who finds his dog, Spot. Bob, who has not seen the advertisement, finds Spot. He reads Spot’s collar and returns the dog to Mr. Lee. Is Bob entitled to the reward? Don has also lost his dog an d similarly places an advertisement notifying a reward. He offers $100 for the return of his dog, Fido. Harry, the local dog catcher (whose job involves retrieving and impounding stray dogs and promptly notifying their owners), sees the advertisement. Later Harry finds Fido and returns him to Don. Is Harry entitled to the reward? Writing Task Coming of Age Designs case study (provided by tutor) Student Presentation: Tutorial Question 4 UNSW Foundation Studies 15 ALS Tutorial Book Semester 2 7 International Sales Contracts 1 Week 8 The following terms and concepts must be understood in the context of the tutorial. You should provide written definitions of these concepts. proper law Vienna Sales Convention(CISG) conflict of laws private International Law Prepare answers to the following questions using paragraph form. 1. What are the 3 basic legal questions for Mr. Lee to consider when entering into a contract with an overseas supplier of machinery for his construction company? 2. What are the aims and main provisions of the Vienna Sales Convention (CISG)? 3. Explain the different types of contracts which can be used for international sales of goods and services. 4. Explain the special features of international sales contracts. (In your answer refer to examples) Writing Task What is an international sales contract? Explain briefly the basic legal questions which must be considered when entering into an international sales contract. Student Presentation: Tutorial Question 2 UNSW Foundation Studies 6 ALS Tutorial Book Semester 2 8 International Sales Contracts 11 Week 9 The following terms and concepts must be understood in the context of the tutorial. You should provide written definitions of these concepts. fundamental breach damages letter of credit nachfrist notice Prepare answers to the following questions using paragraph form. 1. What are t he key issues to consider when problem solving a dispute over an international sales contract? 2. Discuss the following cases in terms of proper law of the contract: Oceanic Sun Line Special Shipping v Fay (1988) Amin Rasheed Shipping Corp. v Kuwait Ins Co (1984) 3. Explain the possible remedies for a breach of an international sales contract. 4. Lee Constructions Ltd. an Australian company, entered into a contract with Cologne Park Pty. Ltd. a German manufacturer of cranes, to purchase two new machines. The parties agreed that the payment would be by letter of credit but at the time of shipment the buyer had not obtained any letter of credit. Advise the seller as to their legal rights. Writing Task: Jill and Wen case study (provided by the tutor) Student Presentation: Tutorial Question 3 UNSW Foundation Studies 17 ALS Tutorial Book Semester 2 9 Resolving Business Disputes Week 10 The following terms and concepts must be understood in the context of the tutorial. You should provide written definitions of these concepts. Alternative dispute resolution (ADR) Negotiation Mediation Conciliation Arbitration Independent expert appraisal Litigation Aust. Commercial Disputes Centre (ACDC) Aust. Centre for International Commercial Arbitration (ACICA) Prepare answers to the following questions using paragraph form. 1. What is a commercial dispute? (In your answer refer to examples) 2. Lee Constructions Ltd. has a dispute with a supplier of concrete which is necessary to complete a new building in the city. He may experience a loss of $5 million if the building is not completed on time. Outline possible methods which could be used to settle this dispute. 3. What are the advantages and disadvantages of ADR methods when used in the resolution of a consumer dispute between a landlord and a tenant? 4. What would be some of the problems of using litigation to settle an international commercial dispute? What are the advantages of Arbitration? Writing Task What is ADR? What would be some of the problems of using litigation to settle a consumer dispute between a builder and a customer? Student Presentation: Tutorial Question 2 UNSW Foundation Studies 18 ALS Tutorial Book Semester 2 10 Intellectual Property Law Week 11 The following terms and concepts must be understood in the context of the tutorial. You should provide written definitions of these concepts. intellectual property (IP) copyright trademark trade secret patent registered design IP Australia infringement Prepare answers to the following questions using paragraph form. 1. What is Intellectual property? Give examples of different types. (In your answer refer to the UGG BOOT case study) 2. How can an effective intellectual property management strategy give Lee Constructions a competitive advantage? . Lee Constructions have expanded operations overseas and seek advice about international IP protection. How can the company protect its IP assets overseas? 4. Lee Constructions Ltd. have launched ? a new trademark, ? a new chemical which quick dries poured concrete, ? a new aluminium pylon, ? a software package for a design of buildings. Advise the com pany as to how it can prevent competitors from copying these IP assets. What possible remedies may be available for infringement? Writing Task How can an effective IP strategy improve the market share and profit of a company? Student Presentation: Tutorial Question 4 Internet Sites ipaustralia. gov. au copyright. org. au wipo. org UNSW Foundation Studies 19 ALS Tutorial Book Semester 2 11 E- Commerce the Law Week 12 The following terms and concepts must be understood in the context of the tutorial. You should provide written definitions of these concepts. cybercrime defamation fraud contracts on-line identity theft Prepare answers to the following questions using paragraph form 1. Mr. Lee is a victim of ‘identity theft’ and has money withdrawn from his bank accounts without his knowledge. How does the law in Australia deal with these types of offences? . Discuss the legal issue in Gutnick v Dow Jones Co Inc (2002) and possible legal remedies. 3. Why is increasing use of the internet providing legal challenges to business? (give examples in your answer) 4. When engaging in e-commerce, what issues should be considered when entering into contracts on-line? Writing Task Explain the legal issue and significance of the decision in Gut nick v Dow Jones Co. Inc. Student Presentation: Tutorial Question 4 UNSW Foundation Studies 20 ALS Tutorial Book Semester 2 12 13 Revision Week 13 Revision ? Review of sample examinations ? Multiple choice questions Exam essay writing ? Using precedents UNSW Foundation Studies 21 ALS Tutorial Book Semester 2 UNSW Foundation Studies 22 ALS Tutorial Book Semester 2 UNSW Foundation Studies UNSW Foundation Studies UNSW Sydney NSW 2052 Australia Telephone: 61 2 9385 5396 Facsimile: 61 2 9662 2651 Email: foundation. [emailprotected] edu. au Web: www. ufs. unsw. edu. au UNSW Foundation Studies is an education group of UNSW Global Pty Limited, a not-for-profit provider of education, training and consulting services and a wholly owned enterprise of the University of New South Wales ABN 62 086 418 582 CRICOS

The DIA in Detroit, M Ichigan essays

The DIA in Detroit, M Ichigan essays On Saturday, February 19, 2005 I went to the Detroit Institute of Arts (DIA). The Detroit Institute of Arts is one of the largest art institutions in the nation. It holds over 60,000 art collections ranging from classic to cutting-edge arts. Within this institution the arts are categorized into several categories, such as, European Art, Middle Eastern Islamic and Asian Art. While I was visiting this extravagant institute of arts I was very impressed by all the arts within each category, but I only found three of the categories very fascinating. Those categorize are as follows: European Art, American Art, and African Art and below for the remaining of this essay I will discuss my interest in each of those categories in depth. European Art within the Detroit Institute of Arts is very interesting due to the following: the collections of sculptures and decorative arts contains over 7,000 objects in a wide range of media, including armor, ceramics, furniture, glass, ivories, jewelry, precious metalwork, tapestries, and sculpture in all materials and sizes. The collection spans from the fifth through the 19th centuries and represents all major movements and traditions in European art from the Byzantine and early Christian periods through Art Nouveau. One especially strong concentration is an Italian sculpture, which includes works by Nino Pisano, Donatello, Luca della Robbia, Gianlorenzo Bernini, and other important Italian artists. The medieval collection is also notable for its sculpture, as well as its superb ivories, enamels and stained glass. In addition, there is an important and growing focus on 19th century European sculpture, especially models and rare or unique works by Rude, Carpeaux, Germe, Gauguin, and Rodin. The European Art collection spans centuries and also includes important objects from the classical Mediterranean world, including Greek and Roman sculptures. It is also pa...

Indias Look East Policy

India's Look East Policy India’s Look East Policy India’s Look East Policy is an effort being made by the Indian government to cultivate and strengthen economic and strategic relations with the nations of Southeast Asia in order to solidify its standing as a  regional power.  This aspect of India’s foreign policy also serves to position India as a counterweight to the strategic influence of the Peoples Republic of China in the region. Initiated in 1991, it marked a strategic shift in India’s perspective of the world. It was developed and enacted during the government of Prime Minister  P.V. Narasimha Rao  and has continued to enjoy energetic support from the successive administrations of  Atal Bihari Vajpayee, Manmohan Singh and Narendra Modi, each of whom represents a different political party in India. India’s Pre-1991 Foreign Policy Before the fall of the Soviet Union, India made scant efforts to foster close relationships with the governments of Southeast Asia. There are several reasons for this. First, due to its colonial history, India’s ruling elite in the post-1947 era had an overwhelmingly pro-Western orientation. Western countries also made for better trade partners as they were significantly more developed than India’s neighbors. Second, India’s physical access to Southeast Asia was barred by Myanmar’s isolationist policies as well as Bangladesh’s refusal to provide transit facilities through its territory. Third, India and the Southeast Asian countries were on opposing sides of the Cold War divide.   India’s lack of interest in and access to Southeast Asia between its independence and the fall of the Soviet Union left much of Southeast Asia open to China’s influence. This came first in the form of China’s territorial expansionist policies. Following Deng Xiaoping’s ascent to leadership in China in 1979, China replaced its policy of expansionism with campaigns to foster extensive trade and economic relations with other Asian nations. During this period, China became the closest partner and supporter of the  military junta  of Burma, which had been ostracized from the international community following the violent suppression of pro-democracy activities  in 1988. According to former Indian Ambassador Rajiv Sikri, India missed a crucial opportunity during this period to leverage India’s shared colonial experience, cultural affinities and lack of historical baggage to build strong economic and strategic relations with Southeast Asia. Implementation of the Policy In 1991, India experienced an economic crisis that coincided with the fall of the Soviet Union, which had previously been one of India’s most valued economic and strategic partners. This prompted Indian leaders to reevaluate their economic and foreign policy, which led to at least two major shifts in India’s position toward its neighbors. First, India replaced its protectionist economic policy with a more liberal one, opening up to higher levels of trade and striving to expand regional markets. Second, under the leadership of Prime Minister P.V. Narasimha Rao, India ceased to view South Asia and Southeast Asia as separate strategic theaters.   Much of India’s Look East Policy involves Myanmar, which is the only Southeast Asian country that shares a border with India and is seen as India’s gateway to Southeast Asia. In 1993, India reversed its policy of support for Myanmar’s pro-democracy movement and began courting the friendship of the ruling military junta. Since then, the Indian government and, to a lesser extent, private Indian corporations, have sought and secured lucrative contracts for industrial and infrastructure projects, including the construction of highways, pipelines and ports. Before the implementation of the Look East Policy, China enjoyed a monopoly over Myanmar’s vast oil and natural gas reserves. Today, competition between India and China over these energy resources remains high.   Furthermore, while China remains Myanmar’s biggest weapons supplier, India has boosted its military cooperation with Myanmar. India has offered to train elements of the Myanmar Armed Forces and share intelligence with Myanmar in an effort to increase coordination between the two countries in combating insurgents in India’s Northeastern States. Several insurgent groups maintain bases in Myanmar territory. Since 2003, India has also embarked on a campaign to forge free trade agreements with countries and regional blocs throughout Asia. The South Asia Free Trade Agreement, which created a  free trade area  of 1.6 billion people in  Bangladesh,  Bhutan,  India,  Maldives,  Nepal,  Pakistan and  Sri Lanka, came into effect in 2006. The  ASEAN–India Free Trade Area  (AIFTA), a  free trade area  among the ten member states of the  Association of Southeast Asian Nations  (ASEAN) and  India, came into effect in 2010. India also has separate free trade agreements with Sri Lanka, Japan, South Korea, Singapore, Thailand and Malaysia. India has also boosted its cooperation with Asian regional groupings such as ASEAN, the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC) and the South Asian Association for Regional Cooperation (SAARC). High-level diplomatic visits between India and the countries associated with these groupings have become increasingly common the last decade.   During his state visit to Myanmar in 2012, Indian Prime Minister Manmohan Singh announced many new bilateral initiatives and signed around a dozen MOUs, in addition to extending a line of credit for $500 million. Since then, Indian companies have made significant economic and trade agreements in infrastructure and other areas. Some of the major projects taken up by India include the resurfacing and upgrading of the 160-kilometer Tamu-Kalewa-Kalemyo road and the Kaladan project that will connect Kolkata Port with Sittwe Port in Myanmar (which is still in progress). A bus service from Imphal, India, to Mandalay, Myanmar, is expected to launch in October 2014. Once these infrastructure projects are completed, the next step will be connecting the India-Myanmar highway network to the existing portions of the Asian Highway Network, which will connect India to Thailand and the rest of Southeast Asia.

President Obama visit Essay Example | Topics and Well Written Essays - 500 words

President Obama visit - Essay Example This would be of great help especially to the people with low incomes, since they would be reduced of the burden of having to repay the loan in full. The president also wanted to get to the students’ voting alliance that was responsible for his winning back in 2008, and told them that he needed their votes again in 2012 elections. The officials of the White House alleged that those students who had one or more federal loans would be allowed to merge their debts, which would reduce interest rates by half of the percentage point. Obama said that this plan was supposed to get rid of those federal subsidies that were taken to the private banks after the loans are merged, and this would help in improving the economy. He believed that if a big percentage of people’s paycheck is used to repay the loans instead of doing other things, it would affect the economy. This would be a great burden especially to those families who are in the middle-class; since their source of income is mainly from the salaries they get from their jobs. A big percentage of people’s income should help people to improve their businesses, so that the business can grow, and this would help improve the country’s economy. This would ensure that the future generations did not suffer economically due to insufficient funds. The president questioned Republicans who were in the congress for having blocked the job bill he had put in place. He said that those individuals who were jobless weren’t supposed to be deserted, and he would try to help them out even if the congress did not help him. He told the students’ things he planned to do, and he would do them single-handedly if the congress did not back him up. He said that he would ensure that each individual had an access to acquiring college education. This showed that the president was concerned about the future generation who are the next leaders of America, and by giving

Air france internet marketing Essay Example | Topics and Well Written Essays - 250 words

Air france internet marketing - Essay Example Search engine optimization can be used to increase the return on advertisement investment. In order to optimize the search engine, the marketers need to identify the correct keywords that should be used for the various advertisements (Clay and Susan, Pg. 237). It should be noted that the company may use so many keywords and search phrases but as long as they are not the correct ones, it may end up making a loss on its investment. Therefore, Air France need to concentrate on identifying the correct words and drop some of the keywords that have no search requests or have below per requests. Customers will normally search the keywords and in the event that they do not find what they want with the first click, most of the will not move to the next page or rephrase the keywords they are searching for (Robinson, Lindsey and John, Pg. 10). The campaign tactics should be adjusted so that they focus more on the correct keywords rather than the number of

Electromagnetic Energy Storage Research Paper Example | Topics and Well Written Essays - 750 words

Electromagnetic Energy Storage - Research Paper Example Electromagnetic field influences the behavior of objects in the vicinity of an electromagnetic field. The Electromagnetic waves that carry electromagnetic energy is a family of waves based on the frequency and wavelength (Tom and Heather 34). Arranged in order of increasing frequency then we have Gamma rays, ultraviolet radiation, X-rays, Visible light, Microwaves Infrared, and Radio waves. Gamma rays have the highest frequency hence a high energy while the Radio waves have the lowest frequency and therefore have less energy. Electromagnetic energy can be stored in electrical devices such as the capacitors and Inductors. For an electric field, the total energy density which is given by energy stored per unit volume can be determined to be . Where the symbols assume their scientific meaning, this relation is useful in the evaluation of the total energy stored in a capacitor. An inductor is a coil of electrical wire with parameters that enable it to store energy in the form of the magnetic field (David, 1989). The magnetic field energy density is given by. This energy density is useful in the determination of energy stored in the Inductor. Both the electric and magnetic fields play important roles in energy transport as described by the pointing vector (Mats and Jonsson 23). It is however important to notice that the energy associated with magnetic and electric fields is equal and therefore the use of one the equation above can be used to represent the other. It is also important to realize that for an ele ctromagnetic wave with particular energy, the electric field is directly proportional to the energy of â€Å"the magnetic field with a constant of proportionality equal to the speed of light† (Mats and Jonsson 30) â€Å"According to Faradays law, a changing magnetic field† (Chegg 31) such as a magnet moving inside a conducting

Individual Report Essay Example | Topics and Well Written Essays - 3750 words - 1

Individual Report - Essay Example This has resulted in building up of largest customer base in Australia with a very high brand recall and brand loyalty in market. With this high level of growth, customer base and good cash reserve, company is looking forward for expanding its business. With its long existence in market it has developed a very good insight of customer behavior, expected pattern of security breach and response actions. In its course of business it has to use some gadgets and infrastructure for sensing and monitoring security breaches, which are normally sourced from third party at a cost and which many a times do not meet full requirement of client. With already existing customer base, which is having latent demand for more advanced security appliance as well as high potential new customer base, XYZ Corp has decided to have technological tie up with ABC International, the market leader in US and UK market in Security Appliance, for diversifying into the security appliance sales in Australia. Current portfolio of services offered by XYZ Corp includes uniformed security officers and control rooms manning for office and home security, celebrity security, bodyguards and event and venue crowd controllers. Out of these, office and home security services contribute about 55 percent of its total turn over. It is providing security assessment, planning, execution of security plan and manning of control room at customer premises. Generally control rooms are provisioned at big office premises and residential societies. For individual residential units and small offices only uniformed security guide are provided. In control rooms, CCTV views are available for security personal for all venerable areas as well as central walkie-talkies are also available for communicating with field officers. In case of any breach of security which has gone unnoticed from field

Disparities and Sentencing of African Americans Research Paper

Disparities and Sentencing of African Americans - Research Paper Example Since it is a very much controversial issue, my primary objective will be exploring the all the aspect of so called disparities and sentencing of the African American clan in the white's land and also calculating possibility and to answer the hypothesis that amount of time that this clan get for the same crime as whites. Since this research problem needs an in depth study and it give rise to some insights to the magnitude of the racism I'll formulate such research questions which help me to lead exploring the reality of the problem and if so, to analyze the measurements taken by the authorities against this issue. The questions will be, 1. What is the magnitude of the disparities being faced by African Americans 2. How the sentencing system differs between the African Americans and Caucasians 3. Whether the government has taken any actions against such disparities and sentencing 4. If so, to what extent 5. For how long the African Americans undergo such disparities in future 6. Whether there is any possibility that an African American get same crime as Caucasians 2Chapter 1 Background Since it is highly necessary to gather accurate information for giving an ample scope to my research problem, I will approach autonomous and governmental bodies like Bureau of Justice...Since this research problem needs an in depth study and it give rise to some insights to the magnitude of the racism I'll formulate such research questions which help me to lead exploring the reality of the problem and if so, to analyze the measurements taken by the authorities against this issue. The questions will be, Since it is highly necessary to gather accurate information for giving an ample scope to my research problem, I will approach autonomous and governmental bodies like Bureau of Justice Statistics and National Justice References Services. Collecting data from such bodies will help me to compare sentencing system with regard to Caucasians and African Americans .Further it will help me to assess the magnitude of the disparities occurring against the African Americans. By resorting to all these data I will formulate a time frame to calculate the amount of time the blacks get same crime as Caucasians. If adequate data is not available from these bodies I will approach other governmental bodies such as Federal Justice Statistics. Since the periodicals, Journals, publications etc. enumerate accurate information I will choose best of them.

Individual Report Essay Example | Topics and Well Written Essays - 3750 words - 1

Individual Report - Essay Example This has resulted in building up of largest customer base in Australia with a very high brand recall and brand loyalty in market. With this high level of growth, customer base and good cash reserve, company is looking forward for expanding its business. With its long existence in market it has developed a very good insight of customer behavior, expected pattern of security breach and response actions. In its course of business it has to use some gadgets and infrastructure for sensing and monitoring security breaches, which are normally sourced from third party at a cost and which many a times do not meet full requirement of client. With already existing customer base, which is having latent demand for more advanced security appliance as well as high potential new customer base, XYZ Corp has decided to have technological tie up with ABC International, the market leader in US and UK market in Security Appliance, for diversifying into the security appliance sales in Australia. Current portfolio of services offered by XYZ Corp includes uniformed security officers and control rooms manning for office and home security, celebrity security, bodyguards and event and venue crowd controllers. Out of these, office and home security services contribute about 55 percent of its total turn over. It is providing security assessment, planning, execution of security plan and manning of control room at customer premises. Generally control rooms are provisioned at big office premises and residential societies. For individual residential units and small offices only uniformed security guide are provided. In control rooms, CCTV views are available for security personal for all venerable areas as well as central walkie-talkies are also available for communicating with field officers. In case of any breach of security which has gone unnoticed from field

American Heritage Essay Example | Topics and Well Written Essays - 750 words

American Heritage - Essay Example These branches include legislature, executives and judiciary. Where the legislature is responsible for law making and involves Congress and Senate, executives include president and other members of state departments. These members are responsible for ensuring that laws are well executed. On the other hand, judiciary is vested with the power of evaluating how the law is interpreted. It is important to note that the notion behind separation of power also provides one branch a leverage or supremacy over other to ensure that no branch supersedes others and also there is no abuse of powers. This system is further supported with the help of state and national governments and horizontal division of power among them. Mainly the vertical division among government branches i.e. legislature, executive (president and bureaucracy) and judiciary (the Supreme Court and federal courts) is known as separation of powers (Geer et al. 11). Articles I, II and III of U.S. constitution provide a preamble o f this division of power and authority among government’s branches. A simple example of it can be President’s authority to designate judges however members of the Senate need to approve these nominations. Secondly, legislation passed by Congress can be superseded by President’s veto power. ... There are different views regarding which branch has a tendency of ruling out the interests of others. According to Hamilton, judiciary is the weakest of all as it only has access to limited areas of constitution i.e. controversial cases only (Lavinbuk 862). On the other hand, Presidency is perceived to be a weaker part since its actions are based on the approval of Senate. Despite all these allegations, the separation of power ensures transparency and checks and balance in all branches of government theoretically. 2. Differences in Hamilton and Jefferson School of Thought Hamilton and Jeffersonian views have some significant differences regarding shape and structure of government in United States. The present structure represents an amalgam of both however some of differences are irreconcilable. Firstly, Jeffersonian view supports equality of all individuals despite their class, gender, ethnicity or age. Despite absence of women and African Americans in 1787 Constitution, the propos ed system had a room of inclusion of different social groups identified in future (Geer et al. 13). On the other hand, Hamiltonian view was an advocate of elites running the national government particularly at its beginning. Jeffersonian view is rather skeptical of government’s integrity and believes that every form of government can be corrupted due to a superior executive whereas Hamiltonian view believed that for a stronger system of, a power executive is important. Thirdly, Jeffersonian school of thought believed in state governments and citizens to have control over main government whereas Hamiltonian group supports the idea of strong national government (DiLorenzo 59). Fourthly, Jeffersonian perspective assumed U.S. to be an agrarian entity with no involvement in global

Hamlet - Ghosts Speech - Act 1 Essay Example for Free

Hamlet Ghosts Speech Act 1 Essay In the beginning of the play, the reader is introduced to the disorder in Denmark, a prevalent motif. The mysterious death of the king spurred the disorder, and the prospect of revenge was magnified by the supposed appearance of the late King Hamlet’s ghost. The ghost’s appearance and subsequent speech intensify the disorder by validating the reader’s suspicion of Claudius as a murderer and an incestuous, adulterous serpent. Hamlet is torn by this revelation, and responds with justified drama. Thus far Hamlet had a few reasons to hate Claudius; the ghost’s message emboldened everything he had suspected and even added to it. Previously in Act One, Hamlet had criticized Claudius for a few major grievances: for being opportunist upon the death of his father by marrying his newly widowed mother in order to seize the throne instead of Hamlet, for not properly mourning the king by waiting just a month to take his wife, and for acting like an animal by behaving in an incestuous and lustful manner. By playing on many of the same metaphors as Hamlet and bringing forth new claims too, the ghost- whose word the reader takes as truth- bolsters Hamlet’s claims. In the ghost’s rhetoric, Claudius is an unnatural, murderous â€Å"serpent†.(sc. 5 ln. 43) As a â€Å"fat weed,† his parasitic nature is apparent and matches Hamlet’s assessment of the situation as an â€Å"unweeded garden.† (sc. 5 ln. 39) (sc. 2 ln. 139) Later, the ghost goes on to describe â€Å"lewdness† courting â€Å"virtue† in Claudius’ despicable new relationship.(sc. 5 ln. 60-1) To Hamlet and the ghost, the new union is an embodiment of evil though it holds an honorable, royal position. The royal bed is now a couch for luxury and incest. (sc 5. ln.89-90) The queen has been corrupted by â€Å"wicked wit and gifts† and succumbed by what almost sounds like magic. (sc. 5 ln. 51) This too plays on the motif of unnatural existence in â€Å"Hamlet† as exemplified by the ghost. The ghost refers to public opinion as â€Å"the ear of Denmark.† (sc.5 ln.43) By misleading this one representative ear, the entire country has been misled.  The ghost then furthers the ear imagery by describing how he was personally poisoned through his ear. This deception perpetrated by the current king adds to the sense of unrest. The late Hamlet was â€Å"sleeping within (his) orchard,† an emphatically innocent action, as the juice was poured into his ear and coursed through his body like quicksilver. (sc. 5 ln. 66) The poison â€Å"tetter(ed)†¦about†¦with vile and loathsome crust.† (sc. 5 ln.78-79) This vivid and gory description adds to the sense of decay and discord. As Marcellus put it, â€Å"something is rotten in the state of Denmark.† (sc.4 ln. 100) Then the ghost talks about how that napping time was his â€Å"secure hour.† (sc.5 ln. 68) This describes the feeling of routine that once existed in the kingdom. Now time is cursed and nothing is happens in a proper time because of Claudius’ unnatural murder. The senses of touch and sight are very important in this speech. The ghost carefully describes how things looked and felt to actualize his feelings to Hamlet and the reader. When describing the queen, he uses a prickly set of descriptive words. She isn’t just part of a cursed union, she has â€Å"thorns that in her bosom lodge to prick and sting her,† by some heavenly will. (sc, 5 ln. 94-5) Additionally, the description of the poisoning is graphic to make it personal and real for Hamlet.