Competitive Advantage

The competitive advantage is thought to be stronger when it lasts for longer period of time. Those companies who are able to maintain a competitive advantage for many years are thought to have a sustainable competitive advantage. Understanding the Concept Sustainable competitive advantages are company assets, attributes, or abilities that are difficult to duplicate or exceed; and provide a superior or favorable long term position over competitors. Sustainable competitive advantages are required for a company to thrive in today's global environment.Value investors search for companies that are bargains. In order to avoid purchasing a value trap one Of the factors we search for is sustainable competitive advantages. Without one or more sustainable competitive advantages a company may not be able to recover from whatever caused the stock to become a bargain. We only want to buy the stocks of companies that are real value investments, not value traps. In other words, we want to buy stock s trading below their intrinsic value and will grow cash flow for shareholders.If sustainable competitive advantage is dependent on maintaining a higher profit margin than other companies in the same industry, how does a company set out to develop a strategy to both achieve and maintain competitive advantage? The two main components of profit are that customers both value the goods and services and will pay for them; and that a company can keep production costs related to goods and services low, so that there is a higher profit margin. For example, if Sally's Cupcake Shop can make a chocolate cupcake for 25 cents and sell it for $1. 0, the profit on each cupcake is 75 cents. Sally's customers will pay $1. 00 per cupcake because the cupcakes are delicious and made with high quality ingredients. A few blocks away, Bobby's Cupcakes & More spends 40 cents making a chocolate cupcake, but can only sell the cupcake for 50 cents. Bobby's profit is only 10 cents per cupcake. Customers will n ot pay as much money per cupcake, because Bobby's cupcakes are not as tasty and are not made with ingredients that match the quality of Sally's cupcakes.Sally will be able to maintain a competitive advantage as long as she keeps costs lower than the amount customers will pay, allowing her to build a higher profit than Bobby. If this continues year after year, even as costs and prices change, Sally would be said to have the sustainable competitive advantage. However, Sally cannot become too comfortable with her advantage, and instead must antique to find ways to maintain a competitive advantage. Bobby may become motivated to outperform Sally. If Bobby is able to increase his own profit substantially, he could potentially take away the sustainable competitive advantage.Your competitive advantage is what sets your business apart from your competition. It highlights the benefits a customer receives when they do business with you. It could be your products, service, reputation, or even y our location. For example, do you offer home delivery, a money back guarantee, a 2-hour call-out service or childcare facilities? Types ND Examples of Sustainable Competitive Advantages Low Cost Provider/ Low pricing Economies of scale and efficient operations can help a company keep competition out by being the low cost provider.Being the low cost provider can be a significant barrier to entry. In addition, low pricing done consistently can build brand loyalty be a huge competitive advantage (I. E. Wall-Mart). Market or Pricing Power A company that has the ability to increase prices without losing market share is said to have pricing power. Companies that have pricing power are usually taking advantage of high barriers to entry or have earned the dominant session in their market. Powerful Brands It takes a large investment in time and money to build a brand. It takes very little to destroy it.A good brand is invaluable because it causes customers to prefer the brand over competitor s. Being the market leader and having a great corporate reputation can be part of a powerful brand and a competitive advantage. Strategic assets Patents, trademarks, copy rights, domain names, and long term contracts would be examples of strategic assets that provide sustainable competitive advantages. Companies with excellent research and development might have label strategic assets. Barriers To Entry Cost advantages of an existing company over a new company is the most common barrier to entry.High investment costs (I. E. New factories) and government regulations are common impediments to companies tying to enter new markets. High barriers to entry sometimes Create monopolies or near monopolies (I. E. Utility companies). Adapting Product Line A product that never changes is ripe for competition. A product line that can evolve allows for improved or complementary follow up products that keeps customers coming back for the â€Å"new ‘ and improved version (I. . Apple phone) a nd possibly some accessories to go with it.Product Differed tuition A unique product or service builds customer loyalty and is less likely to lose market share to a competitor than an advantage based on cost. The quality, number of models, flexibility in ordering (I. E. Custom orders), and customer service are all aspects that can positively differentiate a product or service. Strong Balance Sheet/ Cash Companies with low debt and/or lots of cash have the flexibility to make opportune investments and never have a problem with access to working capital, liquidity, or solvency.The balance sheet is the foundation of the company. Outstanding Management / People There is always the intangible of outstanding management. This is hard to quantify, but there are winners and losers. Winners seem to make the right decisions at the right time. Winners somehow motivate and get the most out of their employees, particularly when facing challenges. Management that has been successful for a number f ears is a competitive advantage. Value Investing and Sustainable Competitive Advantages Companies with one sustainable competitive advantage might be successful.Finding companies with multiple sustainable competitive advantages will greatly improve the chances you have found a real value stock. Can you think of any sustainable competitive advantages I may have missed? Http://arborinvestmentplanner. Com/sustainable-competitive-advantages- definition-types-examples/ How to identify your competitive advantage To identify your competitive advantage, you need to understand your competitors and your customers. Ask yourself: Why do customers buy from Why do customers buy from our competitors and not us?Why do some potential customers not buy at all? What do we need to do to be successful in the future? Market research will help you to answer these questions. Good market research will reveal how your business is different from your competitors, and what you have to offer that appeals to you r customers. In-depth customer research will help you identify your customers' needs and increase your competitive edge. Use our market research kit to find key economic, demographic and statistical information about your industry.Customers buy benefits When customers buy your product or service, they are buying the benefit that it gives them. It may be that your product makes their life simpler, or your service helps them to feel better about themselves. Think about how your competitive advantage benefits your customers. For example, the competitive advantage for a sandwich shop may be: We use fresh, local ingredients to make-to-order the highest quality gourmet sandwiches in the local area.Different customers may see different benefits: customers with allergies or particular dislikes will enjoy the convenience of ordering a sandwich with their preferred ingredients customers who want to treat themselves will be attracted by the fresh, high-quality ingredients, and he fact that the sandwiches are gourmet customers who want to support local businesses will appreciate thou use only local ingredients. Thinking about how your business can benefit your customers will help you to pinpoint your competitive advantage. A strong competitive advantage: reflects the competitive strength of your business (e. . Quality of service) is preferably, but not necessarily, unique is clear and simple may change over time as competitors try to cash in on your idea must be supported by honest and ongoing market research must highlight the benefits to customers rather than boast Of your business itself. After you have highlighted your competitive advantage, the best way to tell your customers about it is to create your unique selling proposition. COMPETITIVE ADVANTAGE OF Samsung Electronics is part of one of the largest multi-billion dollar corporations in the world.In 2007 it exceeded the $Bonn mark in annual sales for the first time in its history. This makes it one of the world's top three companies in the electronics industry where only two other companies, Siemens and Hewlett-Packard, have posted larger revenues. The name Samsung literally means ‘three stars' or ‘Tristan' in Korean, reflecting the Samsung Group's dominance in two further sectors: Samsung Heavy Industries and Samsung Engineering and Construction. â€Å"The support need – when and where you need it' Samsung respects the choice customers have in how and with whom they do business.That why, to more effectively support product lines, Samsung has established a geographically-dispersed base of direct dealers and indirect channel partners that result in tight-knit national coverage. So, as a single- or multi-location operation, you benefit from having Samsung partners right where you need them most – near corporate headquarters, at branch offices r out in the field. A direct connection to Samsung through your authorized dealer. As a decision maker for your business, it's your job to make the right choices to keep your business competitive and vibrant.With an authorized Samsung dealer as your telecommunications solutions provider you can rest assured that your telecommunications needs are being fulfilled. Look at your Samsung dealer as your trusted advisor, keeping you informed about new technology advancements, service options and cost-effective measures that can give your business a competitive advantage. Samsung singular focus is n businesses like yours. Its authorized dealers represent a commitment to supporting you with outstanding solutions and service capabilities.Dealer expertise is sharpened in Samsung mandated certification courses, so you can be confident in the technology and service you are receiving. Samsung supports its authorized dealers along the entire continuum with product training, deployment, installation and professional services. This life cycle of support provides you with an additional Samsung advantage – a five-year hardware warranty that reduces your long term costs. Less one Of the ways Samsung thanks you for investing in their solutions. A strong commitment to research & development Samsung strives to understand what customers need ahead of its competitors.Their engineers adjust their thinking to develop original and innovative products that will meet those needs, along with new technologies to lead the future market. They respond to the â€Å"voice of the customer' by designing and testing new products, and through hands-on management of product lifestyles. Each year Samsung has invested at least 9% of sales revenue into R&D activities. As the company continues to increase R&D pending, their commitment to leading technology standardization and securing intellectual property rights remains strong.In fact, Samsung was the largest publisher of U. S. Patents in 2006 and is the owner of one of the largest U. S. Patent portfolios-?increasing patent procurement by 1 1 percent year over year. Cut ting-edge tech oenology that's affordable. Samsung expertise in voice/data convergence, wired, wireless communications, Vivo and core network technologies has produced Offices†;' 7000 – a family of groundbreaking business communications solutions that are redefining the rules of the game.The Officers†Ã¢â‚¬Ëœ platform provides you with business advantages across your entire spectrum of needs. First, you'll enjoy the peace of mind that comes from knowing that your communications are being routed over a secure, reliable platform. Second, the intuitive design and scalable architecture of this platform enables growth in affordable increments, so your investment will carry you well into the future with significant ROI. In addition, the system's architecture provides flexibility-?a medium where additional applications can be added to enhance the power of Samsung solutions.More and more small and mid-sized genuineness are realizing the need for Computer Telephony Integrat ion solutions to manage their resources and desktops. In response, Samsung has developed a suite of Officers†;' CT I applications for improving call handing, managing the user interface, interpreting and gathering call reporting and improving customer affinity through screen pops that detail names and call history. Standards-based technology means that system serviceability is just a phone call away and your telecommunications are reduced in operational complexity.With its single expandable architecture, Officers 7000 installs ND configures easily. You are considering a platform that not only gives you access to voice and data throughout your office complex and even off-site, but also eliminates divergent systems, bottlenecks and competition between voice and data applications. Whether you are upgrading or are launching a converged system for the very first time, this line-up of systems offers a perfect blend of versatility and power that will speed up your business.Sources of Samsung cost advantage in DRAMS Samsung cost advantage is clearly visible from the comparison of costs (and heir elements) that were borne by the company and its competitors in 2003 (Tab. 3): Samsung* overall cost was 24 per cent lower than the weighted average cost of the other four producers; two most significant elements of the cost structure, I. E. Raw materials and labor, were 36 and 27 per cent lower respectively. When expressed by means of a relation of average selling price to costs (â€Å"productivity' of cost elements), the differences are even more visible (com. Tab. Overall superiority of Samsung over its competitors exceeded 51 per cent! The cost advantages related to raw materials may be explained by better negotiated agreements with suppliers (perhaps due to the larger volumes of purchases – com. Fig. 5) and possibly less shipping and distribution costs that stem from the fact that Samsung FAA facilities are geographically collocated (while competitors' facil ities are spread world-wide). In terms of labor productivity only Chinese SIMI outperformed Samsung, but that came hardly unexpectedly: low labor costs in China had been and were to remain unbeatable for some time yet.Other possibly meaningful factors that cannot be forgotten include: higher yields (due to process quality ND use of more efficient, larger silicon wafers), use Of Common core design for different products supported by the flexibility of production lines (which enabled cost-efficient production of a wide variety of different semiconductors), and – reportedly -? 12 per cent lower investment in capital assets related to the aforementioned strategic decision on FAA collocation.The last but not least element of the Samsung â€Å"cost puzzle† (which, unfortunately cannot be supported by concrete numbers from the case study, and is rather based on intuition) was the way the firm built and maintained intellectual capital and stimulated innovativeness and creativi ty among employees. It had established an incentive-based remuneration system, it sponsored employees for Pads and MBA education, it created a family-friendly working environment in which more of employees' energy could be devoted to solving problems at work instead of troubles in private lives.In most modern industries, such a long-term approach and investing in human capital eventually pays off resulting in higher productivity and better and cheaper products. Sources of Samsung price premium in DRAMS Samsung achieved an almost 1 5 per cent price premium over (the weighted average price of) its competitors (com. Tab. How was that possible? There were, apparently, two main reasons for that: quality and product mix.The former was definitely a unique advantage in the semiconductor industry which was, generally, characterized by little product differentiation (in terms of physical and functional properties), and where demand was highly price- driven. Even though, due to the outstanding quality and reliability of its products, Samsung had managed to achieve a position which justified paying remit for its products. Between 1995 and 2005 the company won awards for performance from most of its major customers, and many of them (even rivals of one another) named Samsung their supplier of choice.Of course, the highly-recognizable brand (the value of which was estimated at almost USED 11 billion in 2003 ! ) helped to maintain the price premium as well. The Samsung successful product mix strategy, on the other hand, was realized through extremely wide differentiation of products that the company manufactured: in DRAM memory segment it was over 1,200 different types! The large product portfolio allowed Samsung to address a very broad market and to avoid fierce price fighting in the most competitive sector of so called commodity DRAMS (where many producers had to sell below production costs).Apart from the ‘mainstream' mass products (in general: low-cost commodity DR AMs), Samsung offered: ; â€Å"legacy products†, I. E. Older types of chips, production of which was continued after the industry had moved to newer generations and which – due to limited supply – could be sold at price premium; ; â€Å"specialty products† – chips designed for niche uses where the rice was usually agreed on bilaterally between Samsung and a given buyer (at the same time, the company was able to optimism costs by building the customized architectures using a common core design).How Samsung should react to threat of large-scale Chinese entry? In my opinion, none of the two options of reacting to the Chinese â€Å"menace† that were presented in the case study, should have be chosen by Samsung as the only one. Rather, a mix of the two seemed to be an optimal approach. Samsung unique ability to maintain the low-cost and, at the same time, differentiated production should have been maintained, but – simultaneously certain a spects of the changing industry environment might have been taken advantage of as well.It was not necessary for Samsung to desperately look for ways to decrease its labor costs (which is usually a reason for established companies to move their production to China): its cost advantage over competitors was supposed to remain for some time. On the other hand, in line with an old Chinese saying: â€Å"keep your friends close, but the enemies even closer†, it was not advisable to ignore the rising competitors (as the industry had done years earlier with regards to Samsung itself).Earlier of eater, China itself was posed to become a significant (if not the most significant) market for semiconductors, thus all actions aiming at better positioning itself to sell in the market seemed to be highly desirable. Therefore, Samsung should have decided to partner with a Chinese firm for production of its low-end, legacy products. At the same time, its state-of-the- art technologies had to be kept in-house.Such a strategy would let Samsung preserve its valuable intellectual property; manufacturing of the mass market products together with Chinese did not pose a threat to the IP, since cosmologies necessary for that usually were no longer proprietary information. On the other hand, the partnership might result in a possibility to further decrease the costs due to availability of attractive subsidizing from the Chinese government and lower labor costs, and – of course – prepare grounds for enlarging sales to customers in the opening and growing market.There was, however, a number of important aspects that had to be remembered while implementing the strategy: ; Samsung competitive advantage related to the unique breeding environment for innovation and efficacy of the centralized R&D and production should have been preserved, thus all new product development had to be kept in the Korean headquarters; ; another competitive advantage of the company, the quality, should have been definitely maintained, too; it might have become a challenge if part of the production was to be moved to China, therefore Samsung had to ensure it could properly influence its Chinese partner (e. . By remaining a majority stakeholder in the joint undertaking); ; while overall reduction of costs was not of key importance for Samsung, the partnership tit a Chinese firm could have been, nonetheless, used for reduction Of labor costs related to production of legacy products (in case of which the associated gain was to be most significant) with no risk of compromising valuable intellectual property; that way, another competitive advantage of Samsung, the industry best ASP to cost ratio, would be further strengthened.However, in parallel to building the partnership, Samsung couldn't have forgotten about other Chinese would-be competitors which would supposedly flourish around. Therefore, the company should have kept throng focus on maintaining its technological leadersh ip through cutting-edge R (still unavailable at the time, despite having relatively easy access to capital, for Chinese start-ups), especially towards future substitutes for DRAMS: flash memory chips.

Compare/Contrast Business Practices in Your Native Country to That in the Usa

compare/contrast business practices in your native country to that in the USA Business practices are an essential part of a country’s culture. In addition, the business practices in different countries are quite different. China and America are both big countries of the world, and they still have differences in business practices. In this essay I will compare business practices between China and the USA to find the point of the same and difference. First of all, in terms of interviewing, there are some difference and similarities between China and America.It is the same that during the interview, the interviewees need to dress up and be well-mannered, and they have to answer the questions asked by one or more than one interviewers. The difference is that, in the USA, the interviewers also hope the interviewees will ask questions, not just give answers, to ask some questions about the company, the system or something else. The interviewers want to see the enthusiasm of the inte rviewees and how much are they interested in the company through the questions. But in China, most of the interviewers do not like interviewees asking questions because they think this behavior is not respectful.They just need the interviewees to answer questions, but do not pay much attention to what the interviewees ask. Secondly, there are differences in management styles. The Chinese are much stricter, more conservative and efficient than Americans. Americans are more humorous, free and open. Different characteristics determine different management styles. The Chinese boss may force the employees to work till night due to an unfinished project, but the American boss may not do that, they clearly consider that, work is work, life is life.And also, the Chinese bosses control more, they do not allow the employees to get very involved in the decision-making process, they simply give orders. Compare to that, the Americans are more democratic. Thirdly, the relationship between employe es and bosses is different. A clear hierarchy exists in most of the Chinese companies. The boss and his employees are not totally equal, at least the call and the status. But in America, the employees can call bosses’ name and also be friends with them. That’s much more a free style. The other aspect is the business etiquettes.All cultures have rules of etiquette that must be followed in order to show respect. In China, businessmen and businesswomen are expected to dress conservatively in dark or neutral colors. Women's apparel should be modest. That means high necklines and low-heeled shoes. In America, it is also required to dress suitable, but not that much restricted. And also, understanding hierarchy is essential in China because the greatest attention, including order of address and seating, depends on the importance of the individual within the organization. Business people should know who answers to whom.The tone of conversation matters as well. But in the Amer ica, people are free to walk and talk in most of time. They don’t pay much attention to the seating and title anyway. Chinese businessmen would say simple words like â€Å"have you had meals? † or â€Å"where are you going? † when they meet. This reflects one person’s care for the other, but the American businessmen would feel bad as their privacy is interfered. Last but not the least, there are some differences in the job search. In America, the applications show questions directly like â€Å"do you know some relatives in our company?If you have, list the names. † or â€Å"have you worked in our company before? †. But in China, these kinds of questions are not allowed to be asked, because they show injustice or discrimination. I only mentioned five aspects about the differences between China and America in business practices. But actually, the differences are many more than I mentioned. I hope American and Chinese businessmen will understan d these differences in business practices and adjust to each other better. As the old saying goes â€Å"the only way to win a war is to know your enemy well†.

A Christian View of Beauty Essay

Beauty, a term once revered in ancient days as the pinnacle of physical attributes embodied in worldly entities, has seemingly in this day lost much of its meaning. Phrases like â€Å"beauty is in the eye of the beholder† have surprisingly become commonplace, and even Christians have begun to subscribe to the notion of aesthetic relativism. Specifically, this is the idea that beauty is purely contained within the observer and objects on their own have no aesthetic value in and of themselves. It is what has effectively stripped the main essence from the old ideal of beauty, and in my opinion a primary reason why there are so many who cannot see or refuse to see God in the world today. â€Å"Beauty is in the eye of the beholder†, the oft-heard phrase today, refers to one’s belief in the subjectivity of beauty—that is, aesthetic relativism. This prevailing belief dictates that my own perception of what is beautiful does not necessarily correlate to others’ perception of what they find beautiful. Simply because I find a song inspiring and relaxing does not necessarily mean that everyone will and it’s even pretentious and rude of me to insist so. And since everyone has their own particular tastes in all types of art, it is inferred that those tastes correlate to true beauty in their own eyes. But, this whole concept of beauty in each man’s own perception is severely lacking: it gives our own God far too little credit for the creation itself. In my opinion, a greatly preferable view for one who professes to believe in a divine creator is the belief in the objectivity of beauty. Perhaps the ancient Greeks were on to something after all when artists such as Polykleitos sought the perfect proportions of beauty. Such a pursuit required one to see beauty as objective: something contained within the object itself. Especially farseeing was Plato’s belief in the â€Å"idea† realm, in which perfect prototypes of every living and nonliving thing existed. It was a transcendent realm which we could never quite reach in terms of achieving this perfect â€Å"idea form†. Such a theory, old as it is, is not very far from the truth in my opinion. The real truth of beauty lies in none other than our own God. Nevertheless, I think it is necessary to divide beauty into two types to see how God influences it. There is a physical beauty in each living and nonliving thing; something which can be perceived by the eye. Such beauty, I think, aligns with Plato’s â€Å"idea form† concept—that is, we perceive things as the most beautiful when they are closest to that ideal shape from which they were wrought. Among my beliefs is that God really does have ideal forms in His own mind, from which spring forth every single precious creation. God’s creations are often universally seen as beautiful to us—forests, rivers, grasslands, domestic animals and wild animals alike are loved by us and sometimes even worshipped for their beauty. Their forms tend to be very similar among their own kind, and many different organizations strive to find the perfect proportions, coloring, and other attributes of them. A well-known example is the American Kennel Club, which appoints judges in dog shows who determine the ideal proportions of many breeds of dogs. In such competitions, we are striving to find the ideal, most beautiful form of dogs, which strongly hints at a belief in an archetypal â€Å"idea form†. Perhaps the human form itself could even have its archetypal roots in Adam and Eve; but regardless, humans who most closely fit this prototypical form are perceived as most beautiful by others. Ugliness is the disfiguration or mutilation of this form, such as severed parts or scars or even obesity. Even so, there is always some degree of the supreme beauty in each and every creation, for God’s own light can shine through even the darkest of places. Indeed, God’s original beauty shining through us and our own creations is the main source of aesthetic pleasure in this world. God revealed this to us in Ezekiel 16:14, when He declared â€Å"And your fame spread among the nations on account of your beauty, because the splendor I had given you made your beauty perfect†. This constitutes a second kind of beauty, a nonphysical and more conceptual beauty. Such beauty is what normally would be seen in man’s creations and his very personality. It can be witnessed in personalities such as a warm and inviting host, a charitable man who goes out of his way to help others, or something as simple as one who laughs often. And, of course, a massive demonstrator of this kind of beauty is creations of man’s own design such as music, paintings, and sculptures which frequently grab hold of our emotions. The reason these things are so beautiful is simple: God’s immense love when He created us and our intellects is still shown brilliantly in things which we produce. These do not necessarily have to be direct reflections of God’s own exquisite creations (as in the Realist style of art); His magnificence can be shown in abstract art as well. A good example is the Asian kanji form of writing, which for centuries has been considered highly artistic and stylized. The Japanese kanji ai, or â€Å"love† (Appendix A) has a very smooth and majestic feel, and is capable of triggering human emotions of wonder and calmness on its own. It is a mere thirteen strokes of a brush, yet because of God’s own love and inventiveness shining through the artist onto the paper, we can consider it beautiful. Truly, God’s creativeness can be seen in every single thing which man has created, and therefore we can see some degree of beauty in everything. Looking at the world in this objective way is doubtlessly far greater than the popular aesthetic relativist stance in contemporary culture. It introduces a sense of wonder in the individual in everything he perceives, because he has the knowledge that it was specifically created by the supreme God and personally beheld in all its glory as â€Å"very good† (Genesis 1:31). Hiking through mountainous forests can fill a man with such a sense of sheer majesty that it can be a religious experience, and I have personally witnessed even unbelievers profess to see a glimpse of God in such prime examples of His glorious creation. Even more typical occurrences such as a snowy night under a star-speckled sky or waking up to a dazzling sunrise peeking through lush treetops can in a person bring forth extreme awe if that person accepts aesthetic objectivity through God. Maybe the subjectivity of beauty is not as enlightened as it appears to countless millions in our culture. The beauty in that captivating mountainous forest or star-speckled sky becomes fully dependent on the individual. It’s reduced to a matter of taste, and if a person finds such things wondrous, that in itself does not make them truly and rapturously divine as it does in one who believes that God Himself has blessed such occurrences. Beautiful entities are simply something which an individual deems â€Å"nice† or â€Å"quaint† to which someone else might readily disagree, in contrast to a glimpse of the utter splendor of God. Some things are beautiful, some are ugly, and it all depends on preference; whereas objectivity of beauty proclaims that beauty is to be found everywhere in varying degrees. Aesthetic relativism ultimately leads to a sense of incuriosity towards much of the world and blocking out what does not â€Å"suit your taste†, a sort of omnipresent mild malaise of the subconscious. It would be wiser to consider that â€Å"the splendor I had given you made your beauty perfect† (Ezekiel 16:14), and approach the magnificent world with an ever-growing curiousness and a watchful eye for the inherent beauty present in each and every creation.

Critically assess the provisions of the Corporate Manslaughter and Essay

Critically assess the provisions of the Corporate Manslaughter and Corporate Homicide Act 2007 - Essay Example Thus, existing laws against corporate manslaughter are generally compared to a paper tiger. This used to be the case in UK where organized labor and other concerned sectors had for many years railed against the growing number of deaths at work in which nobody gets the blame and receives the appropriate penalty. In 2003, the country’s Trade Union Congress (TUC) noted that 10,000 Britons die at work each year, or one for every single hour. The report said in 2002 alone, 249 workers and 384 innocent bystanders were killed in workplace incidents, with 4,000 more dying from asbestos-related diseases and 6,000 from other occupational illnesses9. Media likewise estimated that over 40,000 people in UK had been killed in commercially related circumstances between 1966 and 200610, but under the old common law of manslaughter, only 34 companies were prosecuted for homicide and only seven resulted in convictions. The old laws such as the law of gross negligence treated work-related deaths like common crimes, which seldom gave justice to the victims because of the inherent difficulty of pinpointing blame in a corporate setting. Under this common-law crime of manslaughter, government solicitors prosecuted erring firms in many celebrated cases but failed. Among these cases were the 1990 capsizing of the Herald of Free Enterprise ferry boat owned and operated by P & O Ferries (Dover), which killed 192 people, and the Southall rail crash in 1997, which caused seven deaths and injuries to 151 others. In both cases there were difficulties in finding one senior person in the company who knew enough to incriminate him6. What was found galling in these disasters was that they were not caused by mere individual mistakes but were part of a systemic failure of safety management10, which cries for the prosecution of an entire organization. There was one case in which government

Consumer Behavior Essay Example | Topics and Well Written Essays - 1000 words - 4

Consumer Behavior - Essay Example Kollner (2008) states that motivation is a function of two things: a) drive or arousal and b) goal-object. The drive is the motivation that results in behavior directed towards the goal. Kollner says that automatic arousal causes behavior without much thought, which is a likely result of learning. For small-ticket products, this type of motivation comes into play: at the supermarket, the decision to purchase a particular brand of diapers for baby is very easy and does not require much thought, except perhaps the very first time when the diapers choice was made. Conversely, for high end, expensive products, the needs are different and solutions also require detailed analyses and information search, which is also called extended problem solving. In a marketing context, motivation plays a very important role in understanding the consumer. When there is a want or need, the consumer feels conflict and unrest; to appease that feeling he or she looks at various solutions. The marketer must be able to satisfy that feeling by making available the right solution (product or service), at the right time and through an accessible channel. Once the marketer understands what drives the customer to act in a certain way, a lot of insights can be added into the marketing process which will assist in making it more targeted and satisfactory to the consumer. For the diaper example discussed previously, a marketer must know that he need not provide additional information to the customer at the supermarket but make him buy the product by making it easily accessible (eye level rack) and offer him deals and savings (e.g. 10% extra). The process of learning involves assessing and acquiring new knowledge and information about things and utilizing that information for future decisions and behaviors. Learning happens as a result of study as well as experience. This process does not have to be consciously done. Kardes, Cronley and Cline explain

Vicarious Liability and the Close Connection Test Essay

Vicarious Liability and the Close Connection Test - Essay Example In Lister, the close connection test was first enumerated, finding that it was fair and just to find a close connection between the warden's sexual abuse of boys in his care and his duties as a warden. In other words, in this case, it found that the sexual abuse was inextricably woven in the duties of the warden, in that if the warden did not have the duties that he did   - checking up on children at night, alone – then the warden would not have the opportunity to sexually abuse the boys in his care. While this case was landmark, in that it put employers on the hook for intentional torts if the intentional torts arose because the duties of the employee essentially allowed the intentional tort to occur, this rule is not sufficiently bright line to encompass every situation. This principle would come into play in the case of Dubai Aluminum v. Salaam as well.   In the case of Dubai, the question was whether the firm would be liable for tortious acts of a member of the partner ship, as well as acts which would be considered to be equitable wrongs, such as the wrongs which were engaged in by Salaam in this case.   There are elements of agent and principle in this case, because Amhurst in this case would be considered to be an agent of the solicitor firm that he was a partner of.   However, in this case, it was held to be in the ordinary course of business, so both tortious wrongs and dishonest breaches would make the firm vicariously liable, therefore the principle should be on the hook for the agent's acts.... i case, it has long been a tenant for torts that it does not matter if something is expressly forbidden – typically the employer would still be liable for the actions of the employee. This principle was established in 1862 with the case of Limpus v. London General Omnibus Co.2 In the Limpus case, the company expressly told the driver of the omnibus not to race other omnibuses, yet the driver did this, and the omnibus overturned. However, the Limpus case is difficult to square with another case with similar facts, which found that if an employee does something that is not done with the knowledge or consent of the employer, this often means that the employer is not vicariously liable for the resulting negligence, which puts the onus on the injured party. The case is Conway v. George Wimpey & Co. Ltd.3 In the Conway case, the employee picked up the plaintiff, who was also an employee, and got into an accident. Since the employer did not know nor authorize the employee to do this, it was held that the employer was not liable. This seems to be an arbitrary case, in light of the principles set forth in Limpus. New Close Connection Test While the old test states that employers are generally no liable for their employees’ intentional acts, this has been evolving. Consider the case of Lister v. Hesley Hall Ltd.4 This apparently was one of the first times that employers are said to be liable for intentional acts of their employees. In Lister, the close connection test was first enumerated, finding that it was fair and just to find a close connection between the warden's sexual abuse of boys in his care and his duties as a warden. In other words, in this case, it found that the sexual abuse was inextricably woven in the duties of the warden, in that if the warden did not have

Health of Ageing (SLP) Essay Example | Topics and Well Written Essays - 250 words

Health of Ageing (SLP) - Essay Example Another similar goal of the project is to make sure that high-risk benefactors do not go to a health facility once more. Likewise, the program makes its goal to file and document savings that are measurable for the benefit of the Medicare program (Kim, 2008). The participating organizations’ effectiveness will be measured according to the obligation of each of the organizations. There are the organizations responsible for providing intervention and prior services to prevent readmission hospitals. Other participants manage the communications between hospitals and the stakeholders. However, participants invite all health centers that experience high admission rates, to apply for the program (Lau, 2007). The program will excel in its objective due to the strategy its applying to fulfill them. The program tends to involve the people whom it’s targeting. The change that the program sets to achieve is also crucial and significant thus becomes part of the target population. The program also applies Information Technology as a support in the daily

Lewis Nordan's Wolf Whistle account of the Till Murder Essay

Lewis Nordan's Wolf Whistle account of the Till Murder - Essay Example He claims that his "racial identification with the murderers" troubled him and that he felt "by race and geography [...] somehow implicated." He adds, "[M]aybe I believed that as a white guy who knew the [murderers] and never spoke out against the injustice, or even asked a question about it at the dinner table, it was simply not my story to tell". Eventually he realized that he could use his fiction to explore his feeling of implication and the society in which he feels so implicated. In Wolf Whistle, he has written what he calls "the white trash version of the Emmett Till murder": " [...] the story of the people who were on the periphery of this terrible thing, who didn't know what was going on, didn't quite understand their own culpability in the situation". Nordan's project in Wolf Whistle has an affinity with that of Toni Morrison and other social theorists and literary critics who in recent years have begun to turn the gaze of race theory toward the construction of white identity. A brief examination of their contributions to the field may help us to understand better Nordan's novel. In Playing in the Dark: Whiteness and the Literary Imagination, Morrison describes her project as "an effort to avert the critical gaze from the racial object to the racial subject, from the described and imagined to the describers and imaginers" and to "examine the impact of notions of racial hierarchy, racial exclusion, and racial vulnerability on nonblacks who held, resisted, explored, or altered those notions". Morrison proposes not to treat whiteness in American literature as natural and self-sustaining but rather as something "sycophantic", constructed, contingent on an Africanist presence. She hopes to refute the conventional wisdom that "because American literature has been clearly the preserve of white male views, genius, and power, those views, genius, and power are without relationship to and removed from the overwhelming presence of black people in the United States". Many other literary critics have taken up Morrison's cause and have reexamined the American literary canon with a different gaze. Jerry Phillips discusses how "certain literary texts illuminate the pedagogy of whiteness, the way one learns to experience oneself as a member of the 'white race'" and goes on to discuss a few of the "countless ways in which United States literary works aided in the naturalization of whiteness". Phillips argues that "we critics should commit ourselves to illuminating issues of contingency, historicity, and arbitrariness" in the construction of whiteness. Rebecca Aanerud calls for "the development of a critical reading practice that foregrounds the construction and representation of whiteness and will challenge the way in which many texts by white United States authors are complicit with the discourses of white supremacy". She further argues that "Whiteness, like race in general, cannot be understood simply as a natural phenomenon [...]. The recognition of whiteness as not a set fact--that is, having white skin--but instead as a product whose meaning and status must be sustained by a process of reproduction along pre-established lines is crucial to an interruption of whiteness as the status quo". Phillips and Aanerud also lay the burden of deconstructing and decentering whiteness at the feet of literary

Effetive communication in radiotherapy Essay Example | Topics and Well Written Essays - 2000 words

Effetive communication in radiotherapy - Essay Example These are expressing of concerns, checks and understanding, asking of questions and presentation of detailed information (Wilmet, 2007). For all these components to be achieved, the patient needs to put in extra effort and to fully cooperate. The quality of the communication provided in cancer care improves when the radiotherapists tend to the individual cancer patient needs. Patients can clearly contribute to this individualized care by expressing their preferences as well as needs clearly (Webster, 2000). Effective communication in the radiotherapy setting enables the collating of information hence making audit virtually possible and enhancing onward flow of data to cancer registries. It helps the radiotherapy staff to uphold teamwork. This will enhance a detailed discussion between physicians, surgeons, radiologists, pathologists and oncologists about the clinical factors that are relevant to decision making. This will therefore benefit patients in the treatment of radiotherapy due to their high considerations. The manner in which health care professionals do communicate with patients through the application of health and social care services highly affects the way in which the patients do experience the treatment. Good communication facilitates earlier diagnosis of cancer ailments. Early diagnosis can lead to better and efficient treatment of the cancer in the patient. This will ultimately help to avoid deaths that are usually occasioned by late diagnosis of the cancer ailment in p atients. It reduces emergency admissions of cancer patients. It also improves self-management of radiotherapists on the patient. Effective communication is also important in reducing inequalities in access and provision of care among the cancer patients (Royal College of Radiologists, 2008). It enables the patients to return to their normal life activities as soon as possible after the diagnosis of the treatment of cancer. It also encourages patients and radiotherapists to

A Life in Japan - Documentary (English, no subtitles) Essay

A Life in Japan - Documentary (English, no subtitles) - Essay Example The movie is very informative about Japanese culture because it goes much deeper than sights and customs. It shows Japanese daily life with its positive and negative sides. I do not like the fact that some Western men defined their main purpose in Japan to have some relationships with Japanese women. On the other hand, it is pleasant to see that people adapt to local customs and contribute to community order and safety. One of the respondents found $3000, camera and passport and gave them back to the person who had lost all those things. It shows that Japanese culture changes people in some way making them more responsible and carrying. Overall, Japan has a very unique culture and people need to learn at least something about it before coming to Japan. There are not many people who speak English, so they need to take care about communication issue. At the same time, the movie shows that being a relatively isolated community, Japan is also influenced by world globalization. It becomes more tolerant to foreigners. This documentary significantly expands knowledge about Japanese culture and people; it contributes to my cultural knowledge and represents Japan in a totally different