The Tempest Persuasive Essay Example For Students

The Tempest Persuasive Essay The Tempest was written in the early Stuart period in England when masques were becoming exceedingly popular, and were often performed at weddings to honor marriages. The Tempest is heavily influenced by elements of the masque, and can be performed with the same purposes as one, although it is far too rich to be classified simply into that genre of plays. In masques the use of spectacle was extensive. The Tempest reflects this in many ways. The very first scene, Act I scene i, is that of a ship in action, and requires elaborate special effects to convey a sense of realism. The banquet scene in Act III scene iii requires a quaint device to make it vanish, and also makes extensive use of costume, dance and music, as the spirits enter in the form of shapeless creatures and Ariel is the form of a harpy. The masque within the play in Act IV requires elaborate costumes for the goddesses and, ideally, machinery for Juno to descend as deus ex machina with. It also involves great amounts of s ong and dance. The entire play makes extensive use of music, with Ariels songs and Prosperos charms as well as the sweet airs of the island itself. Being non-human, Caliban, Ariel and the spirits require elaborate costume to make them appear so, and the court party members are decked in their finest court apparel, having just been at Claribels wedding, so that Miranda is taken aback by the brave new world / That hath such creatures int on seeing them. The elements of pastoral comedy in The Tempest are also linked to those of the masque. A natural man, Caliban, exists. So do a pair of noble young lovers, Ferdinand and Miranda, who are brought together in the pastoral setting of an island, unaffected by the corruptive influences of civilisation, making Miranda an innocent and undeceitful young woman. She has had no time for vainer hours, as other princesses would have, leading to vanity, but has been educated by Prospero, showing she is innocent rather than ignorant. She is uncoquetti sh and direct in her advances to Ferdinand in Act III scene ii, and yet is filial, worrying about disobeying her father in what she feels is right. It is her virtue and innate nobility that make Ferdinand mistake her, on their first encounter, as most sure the goddess of this island. Ferdinand is also virtuous, having the chivalry to bear logs for Prospero as punishment simply because he has been defeated and having the ability to let the pure white virgin snow upon my heart / Abate the ardour of my liver. The chastity of the two lovers points toward the need for reason to rule passion for a harmonious relationship. This is reinforced again by the masque, in which the unruly Vesus and Cupid are omitted, and instead include Ceres, Juno and Iris, goddesses of the harvest, reflecting mans harmony with nature; marriage, reflecting the importance of marriage vows; and the rainbow, reflecting the harmony of nature. The presence of the goddesses themselves in the masque reflects the elemen t of divine intervention in the masque. In masques, it was common for characters from Grco-Roman mythology to be featured, blessing the couple. Divine intervention is also manifested in Ariel, who can only do good, as seen by the fact that he could not work for Sycorax. He is subordinated to Prospero, as well as all the other spirits, weaving in the concept of the supernatural. Ariel also alludes to mythology in his attirements as a seanymph and harpy. However, it would be wrong to classify The Tempest as a masque, as although it contains many elements of the masque, it features a structured plot with an exploration of controversial ideas and themes, such as that of nature versus nurture in Caliban and Antonio, and that of disruption of social hierarchy. Masques tended to rely more on spectacle and moral than on plot; the plot was often weak or non-existent. Through this, we can see that Shakespeare incorporated elements of the masque into that of his conventional plays, producing a play that can be well-regarded in both respects. The Tempest contains certain antimasque elements, such as the conspiracies for murder. Antonio and Sebastian prove that even with all the benefits of noble birth and civilised education, evil men can be produced. This is against traditional masque ideas of nobility. Antonios act of usurping Prospero, and their intention to murder Alonso and usurp his throne, give the play tragic elements as well, as they value their personal benefits over those of society. The mock court party also has antimasque qualities, as the rough humour of their folly in attempting to be rulers tickles us in a base way. However, their intent to murder Prospero also presents a dark side of the play, and Caliban is a base, dull, uncivilised brute rather than the innocent and noble natural nice man of Spenser. The fact that he can appreciate the music while many of the people from civilisation cannot points to the fact that he does have a degree of the purity whi ch is destroyed by civilisation, but otherwise, we are little inclined to admire him. The struggle of Prospero to assert his reason over his passion, planning for the future rather than succumbing to his temptations for revenge, are also against the idea of the masque. Prospero, as the central character, has little to do with the elements of the masque at all, as the main concern of the plot is his education of the people on the island and his own education as a result of this. Thus, it would be impossible to claim that The Tempest is a masque, but possible to claim it has much to owe the masque. It is a masque to the limited extent that it contains most of the elements of the masque, but this is transcended by the fact that it contains much more that is not, making it a better and more profound play. In The Tempest, it would seem that no two characters could be further apart than Prospero, the right duke of Milan, and Caliban, the salvage and deformed slave. They represent two diff erent extremes on the social spectrum: that of the natural ruler, and the naturally ruled. Their positions on the social hierarchy are largely due to the fact that Caliban responds almost wholly to passions, feelings of pleasure his senses, while Prospero is ruled more by his intellect and self-discipline his mind. However, the fight that Prospero has against his own natural tendency to ignore the discipline of his intellect, and give in to pleasures such as vanity and self-indulgence, cannot be ignored. Caliban was born of a witch; Prospero is a magician. However, the types of magic practised by Sycorax and Prospero differ greatly: Sycorax, in many respects a traditional witch, worked within Nature and as a part of it. She worked with devils and the lowest orders of spirits. Prospero, on the other hand, exercises his magic by means of strict discipline and study, rising above the natural order by means of his greater knowledge, and actually coercing spirits of a fairly high rank, such as Ariel, to do his bidding and control other spirits for him. In the Arts which both represent, Prospero certainly reflects the world of the mind. And Sycorax does not? However, in the use of his Art, Prospero reveals himself as not wholly disciplined. okay Prospero enjoys using the power of his Art, as he tells us in his monologue just before his forgiveness of the court party graves at my command opd By my so potent Art. He has also shown that he enjoys using it to show off, as he did during the masque he provided for Ferdinand and Miranda, which he indulged in even when Calibans plot and the court party both urgently required his attention. Although we are not given details of Calibans birth, it seems likely that a creature as subhuman in appearance as Caliban was not born of a human union. It has been postulated that, to quote Prospero, he was got by the devil himself upon thy wicked dam, from a union between Sycorax and an incubus (an extremely attractive male apparit ion with intention to tempt). Caliban was therefore a creature born from passion, the offspring of an unholy pleasure. Prospero was not only of noble birth; he was also born to be the ruler of the city-state of Milan. Nobility, in Elizabethan times, carried with it heavy implications: it was expected that Prospero would be intellectually superior, and that he would exercise as great discipline over himself as he was expected to exercise over others, in his role of leadership. From their ancestry, Prospero is likely to be more ruled by his intellect, and Caliban by his love of pleasure. In the history of each character before the opening of The Tempest, there is a further contrast. Calibans original love for Prospero and Miranda, and his later misdemeanour and subsequent hatred for them, illustrate his fundamental reliance on his senses. Caliban loved Prospero and Miranda because they made much of me; and his response to this was purely sensual in his recollections: Thou strokst me, wouldst give me / Water with berries int. What Caliban responded to, more than anything else, was the sensation of pleasure that being loved and petted gave him. The action that caused Caliban to be removed from this position and punished was his attempt to rape Miranda, another example of how Caliban seeks pleasure. (Prosperos position on sexual relations is quite opposite he tells Ferdinand repeatedly not to take advantage of his daughter, and hammers the message home with the masque.) True but why? Make the full contrast clear. Prospero, on the other hand, enjoyed his original position as duke of Milan largely because he was able to study to his hearts content. This seems to indicate a particular reliance on the powers of the mind quite opposite to Calibans fault but in actual fact, Prosperos neglect of his duties and self-indulgence in pushing the matters of the state all to Antonio must be censured, and laid at the door of his lack of self-discipline. Prospero did these thi ngs because he enjoyed them so much and like Caliban, he was punished. Which is to say he did not fulfill his responsibilities. Be more direct. However, it must be noted that Prospero was able to learn from his mistake, disciplining himself into the study of magic only so far as it would restore himself, and Milan, to a state of rightful leadership. The decision to give up his magic at the end of the play can be attributed only to intellectual discipline; Prosperos understanding that for the good of his people and himself, he must give up that which gives him pleasure. It is not quite so one dimensional. During The Tempest itself, Prospero and Caliban have two very different purposes. Prospero intends to resolve the injury that was done to Miranda and himself, bloodlessly, by the use of his Art. Calibans dearest wish is to depose Prospero by killing him and, rather than resuming rule of the island himself, submit to the rule of Stephano. Prosperos purpose does indeed include passio n he wishes to take revenge on his false brother, and wants the dukedom returned to himself and Miranda. However, Prospero clearly manages to conquer his personal vendetta against Antonio, as evidenced by his forgiveness of him at the end, and his decision not to ruin Antonio by giving away his plot to kill Alonso. Besides, his personal desire to have his dukedom back is acceptable, because part of this desire is a wish to see the dukedom back in the hands of a ruler who cares for the people, not given to a ruler like Antonio, whose main interest is always himself. Prospero may be thinking in terms of self, but as long as he also keeps this lofty purpose in mind, we may say that the world of the mind has more power over him. good Calibans purpose in attaching himself to Stephano and plotting to kill Prospero is almost wholly passionate. The reason that Caliban believes Stephano to be a worthy ruler, indeed, a god, is that Stephano is the custodian of liquor, a substance that appeal s to his senses. His favourable response to Stephano is like his previous response to Prospero that someone who makes him feel good must be good. Likewise, his attempt at achieving revenge on Prospero is largely in retribution for the punishment Prospero has visited upon his senses. well said However, though Calibans desire for revenge is certainly not cerebral, his passions in it are not entirely sensual either. The crafty manner in which he persuades Stephano to aid him in his plan, by mentioning Prosperos riches and Mirandas beauty, shows the presence of some mental ability; as does his attempted tact in trying to keep Stephanos mind upon bloody thoughts. Furthermore, one of his grievances against Prospero is that he stole the island that was, by birthright, Calibans, and imprisoned Caliban upon it. This is part of the little evidence we have that Caliban operates using more than his senses and passions. However, Calibans mind is subject to his senses, much as Prosperos passions are subject to his mind. Calibans underlying motives are still passionate. His indignation at having his inheritance usurped loses its weight when we realise that, of his own free will, he will let Stephano rule showing himself to be naturally ruled, not ruler. At the end of the play, when he recognises that his choice of Stephano as a ruler was foolish, it is not mental reasoning that has led him to this conclusion, but the evidence of his senses and experience. Caliban has mind enough to function as part of society, but training him to become part of that society cannot be abstract, like Prosperos failed attempt at educating him with Miranda Calibans education must be practical and hammered home with his own senses. Neither Prospero nor Caliban cannot be said to be wholly mind or sensual passion, but Caliban does rely largely on his senses, and by the end of the play, Prosperos mind has achieved a great extent of control over his passions. text passage: Act I, Sc ii, lines 79-1 16. From Being once perfected how to grant suits to To most ignoble stooping Paying close attention to tone imagery, comment on the presentation of Prospero and important ideas in the play raised here. We are presented with the highly emotional and angst-filled account of past times in Milan narrated by the main protagonist of The Tempest, Prospero. The turbulence in his tale reminds us of the equally disturbing tempest in the previous scene with its general mood of disorder and destruction. Although there are no physical indication of violence as in the last scene, Prosperos report is coloured with such images. It is here, in Act 1 Scene 2 that we learn that Prosperos art had conjured up the tempestuous storm. Mirandas piteous heart demands a salvation for the poor souls onboard the ship but her father, the great magician, Prospero promises that, theres no harm done. He proclaims, tis time and sets out to explain his motive for raising The Tempest that is the driving force of the entire play. As he speaks of the past, Prospero is no doubt reliving every single detail in the dark backward and absym of time. He seems to have vengeance on his mind right now. Old wounds are cruelly re-opened and he re-experiences the bitterness of betrayal by is false brother and the pain of what had happened twelve year since. At the same time, he is also stirring up lost memories in Mirandas remembrance. We see Shakespeares magic at work as well while he deftly weaves the plot into his audiences mind. Every time Prospero calls Miranda to attention, Shakespeare speaks through the lips of his creation to his audience, Thou attendst not? Taking on the voice of father, magician and prince of power, the bard leads us straight into the crux of The Tempest of Prosperos voice. The usurped Duke of Milan speaks of the usurper, Antonio most vividly, using myriad images. We picture Antonios brilliance in politics as Prospero tells of how his brother being once perfected how to grant suits , how to deny them, who t advance and which to trash for over-topping supplanted him. He presents us with a hunting image as he acknowledges Antonios skill compliments him. Prospero uses a number of images in his speech to let us see Antonio as a political animal. He shows us how having both the key of the officer and office Antonio gained supporters and got rid of opposers. This double image aptly portrayed how he not only secured the authority entrusted to him; he also had the ability to assert that power to his own means set all hearts ith state to what tune pleasd his ear. At the same time, we notice that the play is one that rings of music, this is only one instance where music is mentioned. It is a recurring motif. He maneuvers his way into nature when he informs Miranda (and the audience) of the ivy which hid my princely trunk and suckd my vendure out ont. We see in our minds eye the devious Antonio who sucked the power out of his brothers welcoming hands and so, his life, leaving only a dry shell. Through the use of such imagery, Shakespeare unfolds the passionate tale of usurpation before the wondrous Miranda and us, the audience. The wise Prospero speaks of how he had laid himself wide open to harm in being transported and rapt in secret studies. Neglecting worldly ends, all dedicated to closeness and the bettering of his mind he entrusted Milan into the hands of his treacherous brother and in doing so, awakd an evil nature in his false brother. Not contented with his position, Antonio new created the creatures that were mine, changd em or else new formd em and confederates with King of Naples to bend Milan to most ignoble stooping. It is obvious that Prospero was not conscious of what Antonio was doing and so, we, the sympathetic listeners feel for him although we know that he is partly at fault for his downfall. Prosperos anger and feelings of vengeance is understandable but we know that theres no harm done. At the same time, as we listen to the usurped fling charge after charge at the amoral usurper like the sea waves beating relentlessly at the yellow sands, Shakespeare questions the Prosperos usurpation of the creatures of the island Caliban and Ariel. We find out later that the powerful mage subjects the most delicate monster, Caliban to most ignoble stooping and even the fine apparition, Ariel is not spared from the magic of Prospero who has him at his beck and call. They cry for liberty but do they receive it from the usurped master? This is another of the important ideas raised in the play. Miranda listens attentively to her father as he relives how he had placed his trust mistakenly on Antonio, like a good parent and how it beget of him a falsehood in its contrary. He needs will be absolute Milan. This convoluted image reminds us of how the unknowing Caliban had placed his trust and loved thee and showed thee all the qualities o th isle. The situation of Prospero twelve year since mirrors that of the abhorred slave , Caliban. Meanwhile, it also presents Antonio and Prospero as complex political creatures surviving in the realism of politics. The usurped did not refrain from usurping others in a different place and time. Here, we see the men as truly brothers because they are alike in their usurpation. The only difference lies in Prosperos benevolence in his decision towards reconciliation. We are given enough to be sure that Antonio will never consider the very idea because he made a sinner of his own memory. The man created and shaped his own reality to suit his means and this is another recurring motif in the play. We have seen how the people are unable to see through the illusion of the tempest and sometimes, they just do not understand their own reality because they do not want to see it. Prospero has made use of that weakness to recover his dukedom as he brings the plotters, Antonio, Sebastian and Alonso to the island for a lesson. We will meet the king of Naples who despairs of ever find ing his beloved son, Ferdinand after The Tempest and refuses to entertain the hope of seeing him again but we know he does in the end. Power, all prerogative had gone into the plotters heads and this veils the actual reality to become another reality in the mind. We encounter another motif in the play, that of fathers. We know that although the fathers (Prospero and Antonio) are enemies, they will forget their differences in the union of their child (Ferdinand and Miranda) eventually. This tale that would cure deafness is the stepping stone of the entire play and we are presented with a multi-faceted Prospero the magician who usurps, the wronged who was usurped, the avenger, the father, the master, the duke. Can we really define him? Shakespeare leaves that intriguing thought in our minds as we take leave of this account full of imagistic qualities and themes. The Tempest, written in 1611, was one of William Shakespeares last plays. It has a combination of superb characters, intere sting settings, and a good plot line—all held together by the running theme of magic, and its ever-present importance. A closer examination of the magic in The Tempest, and the publics view of magic at the time, will give insight as to Shakespeares choice of magic as a theme, and why it has made the play so successful and timeless. Magic presented itself to Shakespeare as a controversial topic, as it had been the persecution of those believed to perform black magic, (witches) that had been at the forefront of societal concerns since 1050. However, after 500 years of witch-hunts, a turning point occurred in 1584, at the publication of Reginald Scots The Discouerie of Witchcrafte (The Discovery of Witchcraft). This book was the first major book to denounce witch-hunts and their ringleaders, and unquestionable the first book in English to actually hypothesize about the methods of these so-called witches. It contained one chapter of approximately twenty pages describing what we m ight view as unsophisticated, old-time magic tricks. One would assume that it was this text, and texts succeeding this (The Art of Juggling, written by Samuel Ridd in 1610 also presented a few how-tos of magic) were probably not only what suggested the idea of using magic as a them to Shakespeare, but in addition, provided methods as to how the magic in the play might be accomplished. Despite the fact that in retrospective analysis it is fairly clear that witches were nothing more that magicians with a slightly different presentation, audiences were not always aware of –and those that were, were rarely convinced by—the two aforementioned texts. Witches were still persecuted and witch-hunts did not actually stop until the end of the seventeenth century. Therefore, Shakespeares use of magic was controversial, compounded by the fact that Prospero was presented in a largely good light—a move probably made as a political statement, as it is known that Shakespeares pl ays were sometimes written to include political suggestions to King James. However, when Prospero relinquished his powers at the end of the play, those that did believe in the witch-hunts were satisfied. Everyone was happy. After considering the contention that the masque scene was added for the purposes of compliment to Elizabeth and Fredericks marriage, one could conclude that Shakespeare learned more about magic after he wrote The Tempest. The reasoning follows. One could only assume that Shakespeare would have tried to make the magic in the play as fooling and magical as possible. Although there were two magic effects in the play, one of them –the spirit music—would not have fooled even the most unsophisticated and nave audiences. Even before the era of Harry Houdini, or even the wandering street magicians of the 1700s, audiences were not fooled by music being played offstage. It is the other effect, that of the banquet disappearance that, well executed, would have fooled Shakespeares audiences, and would even have a shot of passing muster today. However, this banquet sequence was in the masque scene, theoretically added two years after the original writing of the play. The question that begs to be answered therefore, is why didnt Shakespeare fund some other way of including a more sophisticated magic effect into the play? The most logical answer would be that he learned more about magic and witch techniques after he wrote the play. Maybe at first he was unable to grasp the explanations in the Scot text, or maybe he didnt even read it before the original writing—possibly it was just called to his attention, and he was unable to lay his hands on a copy until after he wrote the play Whether or not Shakespeare ever read the Scot text in its entirety, or whether or not the banquet disappearance was added before or after the original writing, neither is relevant to magics central importance to the play. Obviously, magic could grab audiences of Shakespeares time. As it happens, magic had been grabbing audiences since 2500 BC (according to a depiction of a magician on the Beni Hassan tomb in Egypt) and magic continues to grab audiences today. It caught Shakespeares eye, and has made the play timeless, and theatrically entertaining. 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Curcumin Rich Diet Lowers The Incidence Of Breast Cancer - Essay Example Curcumin, (diferuloylmethane), the yellow pigment extracted from the rhizoma of Curcuma longa, has been expected to posses therapeutic or preventive value for several cancers because of its antioxidative, anti-inflammatory, and anticancerous effects (Maheshwari et al., 2006) Cancer incidence rate comparing the breast and prostate cancer incidence in US and India is presented in the Table 1. Date from GLOBOCAN 2000 is a unique software program which provides access to information on the incidence and prevalence of, and mortality from 26 major cancers for all the countries in the world in 2000. Thus, the cancer incidence, in people from US, is for people who don’t consume curcumin, whereas the cancer incidence, in people from India, is for people who consume curcumin.... 2. P (eat curcumin and don't get breast cancer) = P (eat curcumin) P (don't get breast cancer) = 1000000/2000000 999921/2000000 = 0.5 0.4999605 = 0.24998025. The number of people who eat curcumin and don't get breast cancer is P (don't eat curcumin and don't get breast cancer) total number of people = 0.24998025 2000000 = 499960.5 3. P (don't eat curcumin and get breast cancer) = P (don't eat curcumin) P (get breast cancer) = 1000000/2000000 660/2000000 = 0.5 0.00033 = 0.000165. The number of people who don't eat curcumin and get breast cancer is P (don't eat curcumin and get breast cancer) total number of people = 0.000165 2000000 = 330 4. P (don't eat curcumin and don't get breast cancer) = P (don't eat curcumin) P (don't get breast cancer) = 1000000/2000000 999340/2000000 = 0.5 0.49967 = 0.249835. The number of people who eat curcumin and don't get breast cancer is P(don't eat curcumin and don't get breast cancer) total number of people = 0.249835 2000000 = 499670 We place the values obtained in this table: (this is our null distribution) Breast cancer No Breast cancer Total Curcumin Yes (India) 39.5 499960.5 500000 No (USA) 330 499670 500000 Total 369.5 999630.5 1000000 Using the formula, where Oi is observed numbers or frequency and Ei is what we expect if there is no dependence between the 2 variables. we get, 2 = (79-39.5)2/39.5 + (999921-499960.5)2 / 499960.5 + (660-330)2 / 330 + (999340-499670)2 / 499670 = 1000000 The larger the value of 2 , the worse the fit To see whether this number is significant we calculate the p-value. p-value = P(2 > a specific value | model is correct) In this case, the specific value

Discussion Questions and Participation Questions Essay - 2

Discussion Questions and Participation Questions - Essay Example Along with English which the universal business language websites must the capacity to translate its material to other popular languages such as Spanish, Portuguese, French, and Japanese. Doing so will increase the reach of the corporate website. Two issues that are important in international transactions are foreign exchange transactions and regulatory compliances. When doing business international companies have to interchange money. Due to the fact that different countries utilize other monetary units other than the dollar the business transactions internationally have to take into consideration the foreign exchange market. A way to protect itself against the risk of a monetary unit going up in the value is to write business contracts in which the parties stipulate the monetary unit that is going to be utilized. Another important issue in international business transactions is the local environmental regulations. Depending on the nation there are different regulations. Performing research on the local laws that apply in international location is the best way to reduce business risk associated with regulatory compliance. You mentioned the importance of knowing the foreign language and the culture of the people. Misunderstanding about cultural issues can lead to major mistakes. For example in India people considered the cow a sacred animal. Fast food chains such as McDonald’s and Wendy’s would be making a major mistake if they tried to penetrate the India marketplace with their traditional products. In some cultures such as the Chinese culture body language is important. Americans are less formal about body language gestures. Professional databases such as CultureGrams provide great information about the cultures of the different countries in the world. The proliferation of online shopping has become a factor companies cannot ignore anymore. In 2009 e-commerce generated nearly $132 billion in sales in the United States

Workers Should Not Be Laid Off Essay Example for Free

Workers Should Not Be Laid Off Essay In the recent past companies have been structuring their management and production processes that has led to massive cut down of jobs. As a result many employees have had to lose their jobs. Though, the companies do this in order to improve their returns that is, reducing production cost, the impact it is creating is far much more than the company can realize. As much as the main objective of the companies is making profit, companies have a social responsibility to ensure they do not impact the society negatively. Lying off of workers leads to untold suffering to the individuals being laid off, the family and the society as a whole. My position on this issue is very clear; companies should not layoff their workers. (Williamson 1985) The issue of lying of employees is both a social and an economic issue that must be observed from several angles before being implemented. Though, the companies have to undertake new technology which leads to improved quality and low cost of production, profits should not be the only driving force of a company. As companies layoff their workers a lot of suffering in many families do occur. Many families who depend on the working member of the family are affected negatively. Many families depend on the head of the family to provide for them, in case he loses a job, then the whole family will have to go without the support of the head of the family, in this case the father. In most cases the father supports around four members of the family and that will mean that five people are going to be affected financial. It is thus, important for the companies to halt this layoff. With high unemployment levels growing, layoff of workers will further complicate the situation. The economy of the country will be affected and also the community as whole will suffer (Williamson 1985). Unemployment is said to be the major reason for high poverty level in any country. It is estimate that currently the level of unemployment is at 12%, if the companies continue lying off their workers then the level unemployment definitely will increase. This of course will increase the poverty levels in the country. As communities and the society try to fight the issue of unemployment, companies should also try and create more job opportunities rather than reduce the existing ones. Unemployment apart from being the main cause of poverty can also lead to social crimes such as prostitution, and theft. This occurs due the fact that those being laid off may not have other means to getting money thus; get themselves in social crimes in order to get money to sustain them such issues affects the community negative and leads to the community having to deal with the social crime and how it can prevent them. Losing a job is very painful and traumatic, the employees who are laid off feel as if they are useless and undergo a lot of pain when adjusting to conditions of being unemployed. Many workers who are laid off end up wasting their skills and experiences that they have gained during their time in the company. Without proper counseling of the laid off workers many end up being social misfits and thus, become a burden to the family and the society as a whole. There are cases where by, the laid off workers has a lot of unsettled debts, such a person at times may end up highly stressed and suffer psychologically, at times such people commit suicide if they can not cope with the stress. Such issues when looked at bring to question the moral issue of companies in lying off workers. It is important for the companies to consider the well being of their workers and how they will survive being implementing such measures. Many people do agree that, the issue of lying off workers do not translate to an improved economy or cost reduction on the side of the company (Williamson 1985).. The company may reduce the workers but, still will lose a lot expertise from the workers being laid off. The cost of installing machines also are high and in many occasion machine breakdowns lead to enormous lose to the companies involved. Besides the innovations and creativity that the human worker has goes with the worker upon the worker being laid off. Machines also at times fail to do the work as a human being could have done it. These limitations when put in consideration suggest that laying off of workers as a negative effect both on the company and also to the worker. In terms of career development, lying off of workers leads to career distractions and career stagnation of workers the affected persons in many occasion loses track of his/her career development when laid off. To the society, it impacts negatively as many of promising society members go to waste when laid off. As it can be seen in many cases getting a similar job is difficult and in most cases it takes a lot of time. Though, the companies are justified to take actions to reduce its production cost, and also improve its service delivery, laying off of workers is the last thing a company should do. Workers who lose their jobs in the middle of their careers end up wasting their skills and experiences and in most cases end up not getting a similar job where they can use their skills and experiences. Unemployment which is on increase is further increased by lying off of workers which leads to poverty and consequently social crimes. It is thus, clear, that companies should not lay off workers at any cost as this brings a lot of miseries to the individuals and the society as a whole. (Gerald and Oliu, 2000)

Wilsons Fourteen Points: a Path to Peace or to Renewed Conflict Essay

Wilson's Fourteen Points: a Path to Peace or to Renewed Conflict Wilson's Fourteen Points were a decent attempt at peace and restitution after the Great War; however, there were many inherent problems with the Wilsonian agenda. These problems were caused by many things, including Allied bias, American ambition, and Western European dominance. While trying to fix many problems in Europe, the Fourteen Points mainly concentrated on the things that were important to the Allied powers: France was bent on revenge, Great Britain was looking to further its power over the seas, and America was keen on becoming an even more powerful trade nation. The Allied Powers made it very hard for Germany and Austria and the newly formed countries in Eastern Europe to carry out many of the things set down in the Fourteen points, in particular, the idea of self-determination that is evident in over half of the points. Reading the Fourteen Points might lead a person to believe that the Allies were in favor of all forms of self-determination unconditionally; in fact, just the opposite was true. They used "self-determination as a formula for rearranging the balance of power in their own interests" (Keynes pp. 2). Point Five of the Wilsonian agenda was a testament to this. It called for the "free, open-minded adjustment of all colonial claims." Essentially, what this did was allow countries to practice limited forms of self-determination, mainly by switching European rule from the more obvious direct control method, to indirect European control. Some countries were allowed independence, but those countries that were denied it became mandates; Palestine, Syria, and Lebanon are examples of the ladder. The main thing Point Five accomplished was that i... ...and incomplete" (Keynes pp. 4). Ironically this is just the thing Wilson had set out not to do. In the speech he delivered before he read out the Fourteen Points, Wilson said that there was "no confusion between the Allied powers, no uncertainty of principle and no vagueness of detail." Wilson goes on to say that the "only failure to make definite statement of the objects of the war lies with Germany and her allies," when in fact this failure of definite statement was also true of the Allied Powers. The Fourteen Points did accomplish something in that they set out terms for a treaty, but unfortunately the Points failed because they severely lacked in detail and succinct. Furthermore, if the Points had been written with the sole objective of peace and restitution and not ambition or revenge, the ultimate Treaty of Versailles may have led to a lasting peace in Europe.

Affirmative Action: The Bane of Progress

The Bane of Progress Delimitation Is something any rational member of society would Like to dispel. Discrimination is something that has stunted the growth of the great country of America for a number of years. A policy called affirmative action was introduced to prioritize the Inclusion of minorities in a number of aspects. Affirmative action in university admissions started in the late asses as an effort to Jump-start racial integration. Affirmative action In college admissions decisions has certainly made an Impact, some would argue an Impact for the worst.Through numerous studies and endings, It has been shown that affirmative action does not Increase enrollment of minority students on a large scale or benefit them while in essence it actually hurts members of well represented ethnicities and races. Affirmative action in the college admissions process can be looked at in two ways. Supporters of affirmative action claim that affirmative action is the perfect policy to make up for the racism and discrimination of the past. Dissenters of affirmative action believe that affirmative action actually counteracts what It's trying to do.Affirmative action gives minorities priority over well represented races and ethnicities, despite similar standing. So, it could be understood how this controversial policy could be disliked. Affirmative action bans can and have been enacted by certain states in the US. Affirmative action bans can be perceived in two different ways by minority affiliated prospects. These minority students may decide not to apply to colleges with affirmative action bans because they feel as though they aren't wanted or that the school Is racist and discriminating.The situation can also be looked at In the fact that their admission to the school had nothing to do with their race or ethnicity. This viewpoint allows for a rational understanding as to why one did or did not get into a certain college. The effects of affirmative action are incredibly long withstanding. Affirmative action calls upon one's race in an admissions decision to be a tie-breaker, but racial preferences are far more than tie-breakers. As referred to In â€Å"Mismatch† by Richard Sander and Stuart Taylor, colleges use a sort of â€Å"academic Index† when It comes to determining which students to admit or not.It is a points system based on act/sat scores as well as GAP. These universities that value affirmative action instruct their admissions officers to roughly mirror the racial makeup of the applicants, which is typically 9% black. (Mismatch) So it is in adherence with this policy that the admissions officer will take a minority student with a significantly lower academic index score and add a certain amount of points so that he or she qualifies over a significant white candidate. Almost all colleges that Implement racial preferences have either an explicit or an implicit weight assigned to race.These schools believe that they have to have a ce rtain percentage of the student body be represented by each minority. Thus in theory throwing out any competitive white students who weren't top tier but were academically more successful than their minority peers. These racial preferences lead too â€Å"cascade effect†. The top institutions get their pick better matched at a lower-tier school. The second tier of schools then loses out on students that would have been good matches there thus making them reach for worse matches to compose their student body and so forth.The racial preferences when enacted create a domino effect, causing each school on the chain to have worse and worse student matches. The cascade effect is multiplied by the number of schools using racial preferences. It Just gets worse and worse for every institution as long as affirmative action is enacted. In simplest terms, students chosen by top-tier institutions that weren't exactly qualified begin to fail and suffer. They have been stripped of their oppo rtunities to prosper in that they have been accepted into top- tier institutions which actually aren't best for them.In the vicious cycle of affirmative action, the racial preferences create the mismatch effect. The mismatch effect being that minority students with lower qualifications who get into top-tier schools because f racial preference struggling at the top-tier schools thus creating a mismatch between the student and the institution. All the while that student could have prospered at a lower-tier school where their skills would blossom better. The mismatch effect has many components. A significant study was conducted by Dartmouth College psychologists Rogers Elliot and A.C. Streets. These two psychologists noticed something was wrong with one facet of racial integration. Dartmouth was not producing very many black or Indian scientists. For the study the psychologists gathered the admissions and transcripts data on some five thousand dents form four of the nation's most elite schools. The researchers found out that in high school blacks were actually more likely to major in science, math, engineering, or technology (known as STEM) than whites. The thing that was peculiar about this though, was the students' academic preparation.Students who entered the top higher education institutions with a math SAT score under 550 were only about one- fifth as likely to graduate with a STEM degree as students with a math SAT score over 700. (Mismatch) These minority students who were admitted into the top academic institutions came in with generally less knowledge. This caused these students to become weeded out of the STEM majors group because they simply couldn't handle the course material that they were given that the whites admitted were handling well.These minority students simply weren't a match for the top academic institutions, not because they weren't as gifted but they weren't given a structurally sound previous education in high school like most well repre sented races were. The mismatch effect has entirely led students who have all the potential to prosper and succeed to end up failing or falling behind Just because they weren't previously given he best opportunities. It is by no flaw of their own that minority students seemed to fail in higher academic institutions.Affirmative action and its racial preferences actually diminished their chances of success through its counterproductive methods of implementation. Many began to realize that affirmative action was actually hurting higher education. Once this began getting realized, affirmative action bans began coming into play. Call to play the University of California. In 1995 there was a vote by the board of regents of the university to end racial and gender preferences across the nine-campus system.In 1996 there was a vote by California voters to adopt an initiative called Proposition 209, which affirmed and extended the viewpoints on Prop 209. Those who were against affirmative acti on took it quite well and were quite content with the proposition. Those who were for affirmative action went to great lengths to deter the proposition. Prop 209 was incredibly hated by organizations such as the American Civil Liberties Union (UCLA), The National Organization for Women (NOW), the NAACP, and the feminist majority.Minorities and women alike took Proposition 209 as an assault to them. Proposition 209 outshoot the test though, and it came with many common fears. Many believed the race-blind admissions process would dramatically reduce minority enrollment. (Mismatch) It could obviously be inferred that less minority students would be admitted to the top-tier institutions, but there was also the idea of the â€Å"chilling effect†. Many feared that black and Hispanic students would find institutions with Prop. 209 in effect would be hostile environments for them.They believed the minority students wouldn't choose these schools because they felt unwanted there. This proposition created what would become the â€Å"warming effect†. The announced ending of racial preferences at University of California schools coincided with a Jump in the rate in which blacks and Hispanics accepted offers of admissions from US schools. This warming effect was particularly large at the most elite US schools, which had previously used the largest racial preferences. Minority enrollment seemed largely unaffected at the three elite campuses.The implementation of Prop. 209 actually made the top-tier blacks and Hispanics want to try and attend the elite US schools. This proposition led to an increase in the most elite schools, not Just the lower tier schools. It can easily be inferred that the aura of race neutral admission policies attracted many more minority students than it repelled. Studies ended up showing that Prop. 209 had the effect of raising five-year minority graduation rates from 3 to 7 percent points. (Mismatch) The results on effects of affirmative action bans are quite consistent across the board.A study conducted by Peter Henries, done on the effects of affirmative action bans on college enrollment, educational attainment, and the demographic composition of universities has provided immense proof against affirmative action's claimed benefits. Henries' study found that affirmative action bans had no effect on the common college or the common student. Although the study did find that affirmative action bans decreased underrepresented minorities enrollment and increased Caucasian enrollment slightly over time.A finding of Winch's study even found that â€Å"Alternatively, an affirmative action ban may increase minority graduation rates if it reduces a mismatch between minorities and the type of college they attend. † (Henries) The study goes on to show that though affirmative action bans decrease minority enrollment in selective schools it may actually help them. As a result of Henries' study one can infer quite a few t hings. First, affirmative action bans do have an impact. Not so much of an impact at major public universities, but impacts on minority enrollment at selective universities.These bans have been shown to help, and also to hurt. Affirmative action bans are truly a case by case scenario. The grand outlook though, is one that presents bans as promoting fairness. A study by Ben Backed titled, â€Å"Do Affirmative Action Bans Lower Minority College Enrollment and Attainment? Evidence from Statewide Bans† finds quite similar results as the study done by Henries. Backed' Henries. The most important statement from Backed' study comes in his conclusion/ summary of findings.Backed' ends his study with the line, â€Å"However, the effects of affirmative action?both at top-tier schools and the university system generally?are small relative to the total population of minority students. † (Backed) These studies leave the subject of affirmative action at a moral standpoint. Both studi es show that yes, affirmative actions do effect minority enrollment at selective colleges but the effect is quite small relative to the total population of minority students. It imposes the moral question of whether race should matter when the effects are so relatively small.The evidence shows that statewide affirmative action bans do little to harm minority enrollment or graduation, so in essence race shouldn't be an issue. Affirmative action time and time again has harmed society. Even when numerous studies have been done and been proven to show that affirmative action is indeed unnecessary many argue that it is essential for societal progress. It is essential that countrywide affirmative action bans have to take place. Bans on affirmative action do o harm to minority enrollment and they actually help minority graduation rates.For example, Michigan Just recently banned affirmative action, and this is something which could tremendously help create equality in admissions decisions i n the state. More and more states continue to adopt affirmative action bans, as it becomes more and more prevalent that affirmative action policies are actually against what they are for. These policies create racial segregation and create a divide that is unnecessary. A person's ethnicity or race should have no role in whether or not they get into a college. In today's 21st century society all members are valued equally.

What Do We Do with Howard

â€Å"What do we do with Howard? † Synopsis:Tad Pierson had recently been appointed as a project engineer. As project engineer for one of Agrigreen’s plants, he is responsible for the operation of the plant surveying group. For some time now Tad had been aware of some performance, safety, and conflicts with personnel within the group. These issues appear to be escalating in frequency and are causing Tad concern regarding the safety of the employees, the production schedules, and possible actions that he might need to take. Agrigreen, Inc. s a company that manufactures a verity of agricultural fertilizer. With plants located in the western United States and Canada, Agrigreen employs certified surveyors to ensure quality and safety of each project. Eighteen years ago, Agrigreen’s survey crew was composed of part-time drafting personnel or project engineers. Howard Lineberry, a lead surveyor had been employed with Agrigreen for eighteen years. Over his tenure he had been supervised by five different managers, and had three surveyor’s helpers. Howard’s work over the years has caused multiple safety and production issues.He has also had conflicts with the engineering staff, his managers, and almost everyone he worked with. Mel Cutler, a surveyor’s helper, after being employed by the company for only a few years was assigned to assist Howard. Five years into this assignment, Mel began to notice problems due to Howard’s note keeping method. These problems contributed to the production and safety issues with several projects. Later Mel began to notice that Howard was taking an excessive amount of snack breaks, coming to work late and leaving early.He also noticed Howard taking naps on the job. When the opportunity presented itself, Mel accepted a part-time assignment away from Howard. This reassignment resulted in a new surveyor’s helper being assigned, Vince Adam. Vince, an impressible young high school graduate, took on several of Howard’s inappropriate habits. Tad is concerned that the performance, safety, and personnel issues in the plant surveying group is getting out of control and is considering what action(s) that he should take, if any, at this point to intervene and correct the situations.Finding of Fact #1:One of the key issues of concern that Tad faces is the escalating quality of work being performed by Howard. Howard’s inefficient work processes in his note keeping and time management has caused issues in both production as well as safety violations on the job sites. These continual issues have cost Agrigreen in both extra man power to rebuild and delays in production. By examining Howard’s work process Tad can better understand what needs to be done and work toward eliminating these errors. Recommendation #1:Howard’s performance at work is a product of miss management and poor attitude.When Howard was first employed, his manager, Jerry Givens [now r etired], supervised with an iron hand. His management style can best be described as Theory X. Jerry took a command-and-control approach to management based on a negative view of Howard’s knowledge, skills, and ability. [ (Hellriegel & Slocum Jr. , 2008) ] He told Howard what to do and how to do it. Upon Jerry’s retirement, the next manager, Paul Jackson, used the Theory Y approach to management. He took on an empowering approach with Howard. This is where the problem truly began.Howard, with his new found freedom took it upon his self to improve the process by working directly with the project engineers. Howard’s efforts increased the pace of the work which called for a number of last minute requests and frequent changes in work schedules. By not having an establish plan of action in place, errors were made which cost the company time and money. Over the years, Howard’s performance issues escalated and upon several attempts by different managers, he refused to change. Tad has his work cut out for him.Regardless of how Howard may feel, Tad is still his boss and he is there to work for Agrigreen. Howard’s performance is not acceptable in any manner. While the failures of the previous managers to confront Howard about his performance problems have cost the company money it is now up to Tad to correct this issue. In doing so, there are a few things Tad should keep in mind. First, Tad should have a plan of action as to how he is going to confront this issue. With this plan of action, Tad should set define time as to the expected behaviors and outcomes expected in Howard’s performance.Next, Tad needs to meet with Howard and be specific in defining the poor performance that occurred in the past, and remind Howard when each error occurred. Tad also needs to be specific as to the plan of action and the established time frame to correct these errors as well as the consequences of non conformance. Tad needs to focus on the p erformance required for the job and make sure that he reiterates the guidelines that have been outlined for the workplace. Tad should consider Howard’s personality and how he handles feedback.Regardless of how Howard has been performing, Tad should always be clear and straightforward during his communication with Howard. He needs to focus on the performance which Howard has control. At the conclusion of this meeting, Tad should check Howard’s understanding to avoid any miss communications. After the meeting with Howard, Tad should document this meeting from his notes. He should document the issue and the action that has been taken to correct or eliminate the problems. After summarizing this meeting a copy of Tad’s report should be given to Howard and the original placed in Howard’s file.Finally, timely feedback should be given to Howard as Howard works on improving his performance. Should Tad note that Howard needs additional training, he should check wit h the human resource department for additional training classes, or set Howard with a mentor. Tad should realize that confronting Howard about his poor performance is not going to be easy. But once he has a plan of action in place, he will fine getting Howard back on track is far better for the company than having to replace him. [ (Busines & Legal Reports, 2006) ]The above action is how we handled an employee in our office who was a poor performer. I was set as her mentor, and working one-on-one with her I had to re-train her in our processes to ensure that she had a full understanding as to what was required in performing our job. After a brief three months, she is now producing high quality of work. As a reviewer, this young lady’s work is â€Å"spot on. † She is now off corrective action and is no longer in jeopardy of losing her job. Finding of Fact #2:The next issue Tad faces is Howard’s attendance.Over the years of Howards’ tenure, he had becom e complacent. He has been increasingly taking additional snack breaks, arriving to work late, leaving work early, as well as fall asleep on the job. For years, under the previous management, Howard’s actions have been over looked. Tad had witnessed several of these company violations, and has also noticed Vince; Howard’s assistant has been following the same pattern as Howard. Recommendation #2:Identifying attendance issues are not a simple process. There may be underlying issues which could be the driver of Howard’s absenteeism.Tad needs to first research the company’s policy and gain a full understanding of what he can and cannot do to resolve the issue. Tad also needs to consult with the human resource department as well as the legal department to understand and educate himself on the potential legal issues that also are involved. Once Tad had educated himself, he needs to approach Howard to determine if there are underline reasons for the continuing a ttendance issues. It depends on why the Howard is late, absent, or taking frequent breaks will drive the action that Tad needs to take.During Tad’s conversation with Howard, if it is determined that the reason for this attendance problem is caused by some type of stress issues, violence and or family problem Tad may need to refer Howard to the Employee Assistance program (EAP) for assistance. If the reason is medical, Tad may suggest Howard use the benefits allowed to him under the American’s with disability Act (ADA) or the Family and Medical Leave Act (FMLA). Should the outcome be something else, Tad may need to take a different approach. (Vikesland) ] A good approach is to counsel with Howard of the important of keeping time and punctuality while driving down the corporate policy and procedures. A â€Å"carrot-and-stick† approach is a time-tested method of dealing with attendance issues. Through this approach, Tad can use a combination of reward and punishmen t. As with the plan of action, Tad created for the production issue, he may wish to either add the attendance issue to the original plan, or write a separate plan of action. Also, Tad should use the same method of communication, documentation, and feedback with this issue as e does with the production issue. [ (Nayab, 2010) ] I work with a person who appears to have an attendance problem. This person comes in at various times during the day. I cannot a test to when she leaves as I’m already on my way home while she is still in the office. At times, I’ve noticed that she takes two sometimes two and a half hour smoke breaks. The issue here is we are exempted employees. Since this person sits next to me I talk with her a great deal, so I know her attendance problem is mostly stress related. I have told her about our EPA program, but she has opted not to take advantage of their services.Finding of Fact #3:The final issue may appear to be one of the hardest for Tad. This is the moral of the plant’s surveying group. For years, Howard’s continued errors and attendance has caused issues with the other employees. Mel Cutler was originally assigned to work with Howard as a surveyor’s helper. A few years ago Mel began working on other projects away from Howard. Now that the temporary assignment is reaching its conclusion, Mel had expressed his concerns with working with Howard. Tad appears to understand, since he has known the original surveyor’s helper Dan Richards and the same concerns were expressed than.There also appears to be concerns being expressed by the engineering crews. It appears that they do not trust the work that Howard produces, and takes additional time (which cost extra money) to verify Howard’s findings. As Howard’s new supervisor, Tad needs to get a clear view of the situation from different perspectives and act on them accordingly. Recommendation #3:The plant surveying group at Agrigreen works closely with the project engineers. For some time now, anxiety, frustration, and resentment has been building in reference to the growing problems with Howard.This appears to be the major cause of the low morale and high levels of employee dissatisfaction within the plant. If left unchecked this issue will only accelerate the problem and the company will lose key personal. When Tad was assigned the group, he knew that there was a continual conflict brewing. He needs to confront this issue head on. This can be accomplished by fostering interpersonal communication within the group. Tad needs to become an active listener by paying attention to the concerns of the group withhold holding judgment on those who chose to share their thoughts.He needs to develop open communication between this cross-functional team. He need to develop clear and specific goals for the team to work through their concerns. As Howard’s performance and attendance issues are protected by employment laws and regulations as well as corporate ethical policies, the solutions to those issues cannot be shared with the team. For this reason, the team must learn to work past these issues knowing that Tad is on top of those concerns. [ (Hellriegel & Slocum Jr. , 2008) ] Conflict at times can be a good thing.However this is not the case with the plant surveying group. Tad will have his work cut out. He not only has to resolve the conflict within his team, but he also need to understand his own personal issues with Howard. Tad needs to get his team together to work through these concerns. He needs to set the stage by working on an agreement within the team that the conflict is a mutual problem for all and that it can best be resolved through open communication rather than allowing the issues to fester. Next, Tad needs to get to the underlying issues and/or concerns of the team.He should ask each team member for their view points and respect their opinions and feelings. He also should express that he will need their cooperation in solving the problems. If the team cannot reach a common perception of the problem, than the team needs to try to see the problem from the other members view point. Sometimes brainstorming sessions are a great way of getting to the key factors of the conflict. This session if worked correctly, is a great tool at working through these conflicts and reaching a viable solution. (Conflict Resolution) ] As for Tad and his interpersonal conflict in reference to Howard, Tad needs to keep his concerns in check while on the job. Now that he is Howard’s boss, additional training may be needed to improve his interpersonal skills. This is what I believe my former manager should be doing. In working with her for the past two years, it has become apparent that she lacks interpersonal skills. Another lady I work with who trained the major of the staff when we first was awarded our contract has more than ten years of experience.When our former manager t alks with her, she comes across as demeaning and at time condescending. It is no wonder why she is no longer a manager. I personally feel that she needs to re-educate herself on how to deal with people.Works Cited Busines & Legal Reports, I. (2006, October 12). 8 Rules for Dealing with Poor Performers. Retrieved December 5, 2010, from HR. BLR. com: http://hr. blr. com/shitepapers/Performance-Termination/Performance-Employee-Appraisal/8-Rules-for-Dealing-with-Poor-Performers/ Conflict Resolution. (n. d. ). Retrieved December 5, 2010, from Mindtools. om: http://www. mindtools. com/pages/article/newLDR_81. htm Hellriegel, D. , & Slocum Jr. , J. W. (2008). MGMT 362: Organizational Behavior Columbia College. Mason, Ohio: Cengage Learning. Nayab, N. (2010, October 10). Strategies for Dealing with Employee Time & Attendance Problems. Retrieved November 5, 2010, from brighthub. com: http://www. brighthub. com/office/human-resources/articles/90380. aspx Vikesland, G. (n. d. ). Ho w to Deal with Employee Absenteeism. Retrieved December 5, 2010, from Employer-Employee. com: http://www. employer-employee. com/absent. html

Torts; CyberTorts; Strict Liability; Products Liability; Consumer

Torts; CyberTorts; Strict Liability; Products Liability; Consumer Torts; CyberTorts; Strict Liability; Products Liability; Consumer Protection – Essay Example TORTS Cyber Torts, Strict Liability, Products Liability, Consumer Protection Introduction The business world is governed largely by 2 types of law, contract law and tort law. Contract law pertains to the specific terms and conditions involved in the supply of a particular product or service. On the other hand, tort law governs all business practices (Cornell 2011) It is based on unwritten common law, although it can be reinforced by statutes passed by the legislature. Aside from these statutes, court decisions are based on precedent, that is, previous cases involving similar facts. Torts are wrongs committed against individuals and groups and can be intentional or unintentional. Intentional torts are wrongs done deliberately and therefore criminal and dealt with by criminal law and are uninsurable. On the other hand, unintentional torts are those committed inadvertently often due to negligence or carelessness and are therefore usually insurable. Examples of torts are cyber, strict li ability, and product liability, for which consumer protection is required. Cyber Torts Cyber Torts are simply wrongs committed over the internet which cause some kind of harm to the internet user. (Talbot 2010) Examples include identity theft, illegal piracy of electronic property, arranging meetings for criminal transactions, false impersonation to obtain information and sending out vast amounts of e-mails containing harmful data or spam. As it is often difficult to determine who is responsible protective software is being developed. The most common cyber tort is identity theft followed by home shopping catalog sales. Other examples are trespass to chattels, conversion, cyber stalking/harassment and defamation. An example of the latter is a case where a female teenager befriended a male counterpart on My Space who made nasty comments about her resulting in her suicide. In defamation the negative comments must be false as truth is an absolute defense. They must involve the unprivile ged publication of a statement to third parties (internet users) by at least the negligent acts of the publisher and cause perceivable damage to a perspective plaintiff. They are considered especially dangerous because of the global reach of the internet and the potential for source anonymity. Conversion is the unlawful application of the personal goods of another by the taker or a third party other than the owner and/or destroying or altering its’ nature. The required elements for a lawsuit are ownership or right of possession by the plaintiff, the defendants’ conversion by a wrongful act and causing harm to the plaintiff. Similarly, trespass to chattels requires meddling with a chattel in possession of another resulting in a) dispossession of the chattel, b) deprivation of the use of the chattel, c) impairment of the condition of the chattel and d) harm to the legal possessor of the chattel. Strict Liability Strict liability differs from ordinary liability in that a plaintiff does not have to prove the defendants’ negligence caused them harm, only that they sustained damage or injury resulting from an appropriate use of the defendants’ product or service.(Cornell 2011) For example, an employer may be held liable for the torts of an employee, unless the employer can demonstrate that the employee performed contrary to the employers’ instructions. In a products liability case where strict liability has been imposed by legislation because the product is inherently dangerous, purchasers of the product and injured others only have to prove the item was defective, that the defect caused the injury and the defect rendered the product inherently dangerous, even if the defendant exercised utmost care and was not negligent. The only defenses in such cases would be if the defendant could prove the plaintiff misused and/or tampered with the product causing it to become dangerous. In cases of harm caused by animals, strict liability is n ot usually imposed on owners unless by legislation or it can be shown the owner knew of the animals’ propensity to cause harm or it is considered a wild animal or did not take appropriate steps to restrain them. Another situation that could attract liability is the operation of an explosives factory in an urban area. Products Liability Products liability law is derived mainly from tort law although it can be codified by statute. (Cornell 2011)For example, regardless of any warranties supplied by the manufacturer products must be reasonably fit for the purpose intended and free from defects which could cause harm to the consumer and others. Assuming defects are caused by unintentional torts, they are generally insurable. Strict liability is usually applicable because it is often difficult for a consumer to determine whether the cause of the loss is a design, manufacturing or marketing defect, that is failure provide the consumer with accurate and complete instructions. Therefo re all parties involved in the manufacture and sale of the product are jointly and severally responsible for damage and injury caused although insurance companies under a liability policy are required to pay only for resulting damage and injuries, not replacing the defective product itself. While strict liability may apply, there are defenses available. For example, if it can be shown that the consumer caused the damage themselves by dropping,, abusing or otherwise misusing the product, all defendants could escape liability, If a retailer can show that the product was received and sold in a sealed container they avoid liability. Generally, if any party can show that it would have been impossible for them to have contributed to the loss in any way, they can escape liability but the onus is on them to prove that. Consumer Protection The US Federal Trade Commission publishes various articles to educate the public on how to avoid scams or rip offs in different types of purchases and how to optimally exercise their rights.(Federal Trade Com.2009)Various jurisdictions have government consumer protection departments and organizations such as the Better Business Bureau and trade associations for the product involved can investigate on behalf of the consumer and assist in resolving legitimate complaints without litigation. Conclusion Aside from contractual obligations, tort law imposes requirements on the design, manufacturer and distributor of products. It is up to consumers to educate themselves on their rights if they feel they have been victims of tort infractions and to seek appropriate assistance when necessary. References1) Talbot, Jonathon Tyler† Cyber Crimes† Penn State April 19, 2010 retrieved from https://webspaces.psu.edu (1ST432_SP10_TEAM4_CyberCrimesand Torts.2) â€Å"Products Liability Law† Legal Information Institute Cornell University Law School Aug. 19. 2011 retrieved from law.cornell.edu.3) â€Å"Strict Liability† Legal Inf ormation Institute Cornell University Law School Aug. 19. 2011 et al.4) â€Å"Tort Law an Overview† Legal Information Institute Cornell University Law School Aug. 19, 2011 et al.5) â€Å"Protecting America’s Consumers Federal Trade Commission Feb. 18, 2009† retrieved from www.ftc.gov/bcp/consumers.htm.

SAM 344 UNIT 6 Essay Example | Topics and Well Written Essays - 250 words

SAM 344 UNIT 6 - Essay Example Nike manufactures shoes of various shapes, styles, and sizes as per the preferences and tastes of every buyer. Therefore, customers have the opportunity to choose from a variety and thus, not limited to one product type (Pitts, & Stotlar, 125). However, the market for shoe products is segmented since customers have varied preferences and tastes that the product meets. Therefore, Nike strives to ensure that its customers derive the best from the product as per the market segmentation (Carbasho, 12. I think the shoe products from Nike continue to evolve and pass through various stages as it grows to meet the ever-evolving needs of the customers. This is to ensure that the products do not become out of date and irrelevant to customers as well as to their needs at different periods. Nike Company provides a variety of sport products; a variety of shoe, equipment products and sport attires. For instance, one of the company’s brands, Cole Haan has a range of casual footwear, a lineup of dress and as well as various accessories for women, men, and children (Carbasho, 14). Furthermore, it markets headgear and sells small plastic products to various manufactures and through Nike IHM Inc. Other products produced and marketed by Nike include skate blades, protective gear, hockey sticks, and hockey jerseys among other accessories. Nike’s pricing is designed in a manner that is competitive to that of other rival firms dealing with shoe products. Moreover, its pricing is on a basis of quality segment as target buyers. Its pricing strategy uses vertical integration in determining price as they control and engage participants at various levels or channels of operations. This aids in controlling costs and thus influences product pricing (Carbasho, 14). The shoes produced by Nike are distributed to the exclusive Nike stores as well as multi – brand stores all over the globe. It sells the shoes to over 20,000 retail accounts within

Marketing of services Assignment Example | Topics and Well Written Essays - 1500 words

Marketing of services - Assignment Example In today’s uncertain and competitive environment the travels whether leisure or business looks for maximization of the value they receive for the money they have paid. At the same time the service providers in the hospitality industry are looking at optimisation of working capital, faster flow of cash and increase the revenue they earn from each room (Genpact Limited, 2012). In this context the paper focuses on the marketing of their service, service guarantee and how to improve the same. Figure 1 (Source: Genpact Limited, 2012) The Strand Palace Strand Palace is the hotel that is located at London. This hotel is considered to be catering to every visitor such as visitors on a city break, foreign tour group and business travellers. The hotel consists of eleven meeting rooms and this is the major venue for organizing events and conferences. The prime locations of London that a tourist wishes to visit are all near to this hotel such as the theatres, restaurants and shops of the Covent Garden lies in the north with the Thames, Charing Cross and Waterloo Bridge on the south (Strand Palace Hotel, 2013a; 2013b; Tisdall, 2013). Thus, this makes it attractive to the visitors who have planned for partying and sightseeing. This hotel started its operations in the year 1909 and was an art deco gem of that time. The treasure and glamour of the hotel is still prevalent and is preserved in V&A museum as a memento. The hotel has got nine floors that comprises of total 758 rooms. These rooms are constructed around the inner courtyard. The hotel is quite big where the visitors can consider themselves as on another planet separated from the rest of the world. Evaluation of the services In the hotel industry service quality occupies a very important place as it has high level of contact with the customers. In order to evaluate the service quality of the hotel, five dimensions are required to be considered. They are as follows: Tangibles refer to the appearance of the perso nal who is interacting with the customer or providing services, physical facilities of the hotel and the equipments that is related to the delivery of service. Reliability: This indicates the ability of the hotel staff to perform or provide the promised service in an accurate and dependable manner. Responsiveness: This indicates the willingness of the staff to provide services to the customers and the promptness in their service delivery. Assurance: This indicates the courtesy and knowledge of the employees that provides them the confidence and trust to deliver properly. Empathy: This signifies the caring and individualised attention towards the customer’s requirement (Antony, Antony and Ghosh, 2004). Service evaluation is highly important in a hospitality industry. The main reason behind this is that it reveals the weakness and the drawbacks that are present in the services delivery of the hotel. The management of the hotel can consider these drawbacks and weakness carefully such that they can take preventive and serious measures to eradicate these problems. For a hospitality industry, the service quality directly impacts the customer’s satisfaction, which in turn impacts the profitability and the business performance. If the service quality is good, then the customers are satisfied and loyal and this loyalty is measured in form of customer retention and business performance. Therefore, in the evaluation of the s