Saturday, November 16, 2019

Kelloggs The Market Leader Of Cereals Marketing Essay

Kelloggs The Market Leader Of Cereals Marketing Essay The purpose of this report is that to let the readers know the challenges and competition in Cereal and Snacks of UK and rest of the world. This report is sculptured on Kelloggs the market leader of cereal and breakfast industry of UK. This report consists of detail company analysis using SWOT* analysis, PESTEL** analysis and using Marketing 4 ps*** and Porter Five Forces to highlight the industry. The objective of the report is to outline the marketing plan of Kelloggs and then critically evaluate the plan making the recommendations. Further then this report is going to highlight effects of technology on Kelloggs operations and how Kelloggs is benefiting from new media i.e Internet. The end of the report some focus is upon the Kelloggs Sustainability plan and recommendations for further improvements. Marketing is the management process of Identifying, anticipating and satisfying customer needs and requirements profitably. Chartered Institute of Marketing So the main functions of marketing is to Identify and Anticipate what are the needs and wants of the customer and analysing what the competitors are providing at the moment and what further new and better product and service the Organisation can provide. The Main aim here is to know and understand the customer so well that product or service fits accordingly to customer requirements and sells itself. Secondly the important aim of marketing is to satisfy the customer. So the companies provide the combination of products and services to satisfy the needs and wants of the customers. Kotler describes marketing as the process by which companies create value for customers and build strong relationships in order to capture value from customers in return. To do this successfully, firms need to embrace a culture of market orientation and put the customer at the forefront of everything they do. Communication of the marketing strategy and plan across the organisation plays a vital part in making this happen. Philips kotler There is misconception among the people that marketing is all about advertising and selling i.e. Telling and selling, although they are important but they are only the tip the marketing iceberg. Selling and telling occurs after the product is complete and ready to launch to market, in contrast marketing starts long before the company has a product. Marketing is all about assessing the needs of consumers, measure their extend intensity and estimate whether there is a profit opportunity exist. Marketing is of such importance that is continues from the product development to market withdrawal, and its main function during this period is to acquire new customers and keep the current customers locked in by improving product appeal and performance and giving customer a good after sales service with constant product updates. According to the Marketing guru Peter Drucker, The Aim of marketing is to make selling unnecessary this is done by understanding the customers so well that the product and service sells itself. Marketing is a five step process; Understanding the Marketplace and Customer needs and wants Design Customer-Driven Strategy Construct a Marketing Programme that delivers superior value. Build Profitable relationship and customer delight Capture Value from customer in return. Kotler one of the famous Marketing author describes marketing as a Process by which companies create value to the customers and build a strong relation in order to capture value from customers in return in the form of Current and future sales, market share and profits. Companies should provide good quality service and superior products to customers to satisfy them and in return win customer loyalty and future sales. To create value for the customer the company should have a Customer-driven marketing strategy and the customer driven strategy looks upon two basic questions, What customers will we serve and how can we serve these customers best. The company must first decide who it will serve, for this company divides the market into segments and selects the segment it will go for. After selecting the target customer then company decides how they are going to differentiate and position itself in the marketplace. One important role of marketing is that to lock the customer with continuou s good quality service and to provide innovative products at regular intervals and once the customer is locked in, and then most important step is to build a profitable customer relationship. Kelloggs About Kelloggs: Kelloggs is a prominent player in the world of Breakfast and produces more than three out of 10 packets eaten in UK. Kelloggs has 42% of UK market share, this makes Kelloggs a market leader and in 2009 it was Britains biggest grocery selling brand with sales of  £550 million and global sales of nearly 12 billion. Kelloggs products are manufactured in 18 countries and marketed in more than 180 countries and it employs around 32000 employees. The Company Products including cookies, crackers, toaster pastries, cereal bars, fruit-flavored snacks, frozen waffles and veggie foods. Kelloggs markets its products under a variety of brands include Rice Krispies, Special K and Nutri-Grain. Vision and Mission Kellogg Companys Vision and Mission statements define our focus upon sustainable growth, our broadened definition of social responsibility and the true strength of our company our people and our brands. Our Vision encompasses the full spectrum of our stakeholders including shareowners, employees, customers, consumers and communities.   Our Mission articulates where we are as a company today and where we wish to be in the future. Our Vision and Mission do not stand alone.   They are integrated with our focused strategy and operating principles as well as the foundations of our business: our K Values, people and commitment to social responsibility. http://www.kelloggcompany.com Kelloggs Marketing Plan and Strategies The cereal giant Kelloggs being the Market leader in the world of breakfast has plans to further increase its market share with the help of new innovative products and new marketing campaigns. Kelloggs chief marketing officer Mark Baynes said in an marketing Magazine We are aiming to create a team inspired, equipped and enabled to drive stronger returns in this increasingly complex consumer landscape. As per Mark Baynes the company marketing plan is to drive stronger returns in the complex business environment as last year Kelloggs reported six per cent drop in the earnings in the third quarter, which is because of increasing competition in the cereal industry, General mills, Nestle being the biggest competitor of Kelloggs followed by Quaker Oats. So the main Marketing and Business plan of Kelloggs is to Leadership in product innovation Strengthening the companys seven largest market segments Continuing to reduce the Cost and increasing the effectiveness and efficiency of the business processes Investing in new product research and brand building activities Thinking ethically and environmentally. SWOT ANALYSIS The SWOT analysis is an analysis of the companys current position in the light of its strengths, weakness, opportunity and threats. Kelloggs Strengths: Kelloggs biggest strength comes from its 42% market share and being market leader Brand is fully recognised by the customers and the retailers. Providing Quality innovative products with the support of proper marketing campaigns and sound distribution channels. High product demand gives Kelloggs main shelf space in the shops and Retailer like ASDA, TESCO etc. Kelloggs have products targeting childrens, teenagers, adult and even the elders. This gives Kelloggs reputation of proving products for everyone. Social Responsibility: Kelloggs welcomes social responsibility and notes the environment, advocating healthy lifestyles, and promoting diversity as its main responsibilities. Kelloggs Weakness: Slow erosion in Global market share as competitors like Nestle and Wheatabix are providing new and economic valued products. Kelloggs has many demographically different customers which mean many different focuses. This may cause a conflict when it comes to public opinion Kelloggs Opportunities: Kelloggs can slowly diversify and still remain into their core business. This could further increase their profitability and market growth. There can further increase their market share and growth by using better pricing strategy. Major opportunity for Kelloggs is to provide health and more organic products as customers are looking for healthier life-style. Kelloggs Threats: Retailers like ASDA, Tesco are so powerful that they have created their own brand of cereals and corn flakes. Providing cheaper and better quality alternative products. The world economy is suffering, so customers prefer economical n cheap products. Kelloggs charging premium prices can hinder in its growth. Competition in the market is increasing day by day as many companies like Quarters , Nestle wheata bix and other brands are coming with new and healthy breakfast products, this increases pressure on kelloggs to provide even better products with reasonable price. PEST ANALYSIS Political: Social health Conscious†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦fast paced Life style†¦Ã¢â‚¬ ¦ obesity Kelloggs 4 Ps: The main objective of marketing plan is to create a strategy and goals that ultimately satisfy customer needs. The main part of marketing plan consists of its marketing mix, to satisfy customers the company is to provide quality products with suitable distribution channels i.e Place with competitive and reasonable Price with appropriate Promotion. Products: Product is anything that is offered to the market for the attention, acquisition, use and consumption that satisfy the wants and needs of the customer. Kelloggs being the market leader in product innovation by launching new cereals and snacks

Wednesday, November 13, 2019

The Numerous Themes in Othello Essay -- Othello essays

The Numerous Themes in Othello  Ã‚        Ã‚   The Shakespearean tragedy Othello contains a number of themes; their relative importance and priority is debated by literary critics. In this essay let us examine the various themes and determine which are dominant and which subordinate.    A. C. Bradley, in his book of literary criticism, Shakespearean Tragedy, describes the theme of sexual jealousy in Othello:    But jealousy, and especially sexual jealousy, brings with it a sense of shame and humiliation. For this reason it is generally hidden; if we perceive it we ourselves are ashamed and turn our eyes away; and when it is not hidden it commonly stirs contempt as well as pity. Nor is this all. Such jealousy as Othello’s converts human nature into chaos, and liberates the beast in man; and it does this in relation to one of the most intense and also the most ideal of human feelings. (169)    Helen Gardner in â€Å"Othello: A Tragedy of Beauty and Fortune† sees that sexuality is also involved:    Othello is not a study in pride, egoism, or self-deception: its subject is sexual jealousy, loss of faith in a form which involves the whole personality at the profound point where body meets spirit. The solution which Othello cannot accept is Iago’s: ‘Put up with it.’ This is as impossible as that Hamlet should, like Claudius, behave as if the past were done with and only the present mattered. . . . (144)    Of course, jealousy of a non-sexual nature torments the antagonist, the ancient, to the point that he ruins those around him and himself. Francis Ferguson in â€Å"Two Worldviews Echo Each Other† describes:    On the contrary, in the â€Å"world† of his philosophy and his imagination, where his spirit lives, t... ...en. â€Å"Othello: A Tragedy of Beauty and Fortune.† Readings on The Tragedies. Ed. Clarice Swisher. San Diego: Greenhaven Press, 1996. Reprint from â€Å"The Noble Moor.† British Academy Lectures, no. 9, 1955.    Heilman, Robert B. â€Å"Wit and Witchcraft: an Approach to Othello.† Shakespeare: Modern Essays in Criticism. Ed. Leonard F. Dean. Rev. Ed. Rpt. from The Sewanee Review, LXIV, 1 (Winter 1956), 1-4, 8-10; and Arizona Quarterly (Spring 1956), pp.5-16.    Jorgensen, Paul A. William Shakespeare: The Tragedies. Boston: Twayne Publishers, 1985.    Mack, Maynard. Everybody’s Shakespeare: Reflections Chiefly on the Tragedies. Lincoln, NB: University of Nebraska Press, 1993.    Shakespeare, William. Othello. In The Electric Shakespeare. Princeton University. 1996. http://www.eiu.edu/~multilit/studyabroad/othello/othello_all.html No line nos.       The Numerous Themes in Othello Essay -- Othello essays The Numerous Themes in Othello  Ã‚        Ã‚   The Shakespearean tragedy Othello contains a number of themes; their relative importance and priority is debated by literary critics. In this essay let us examine the various themes and determine which are dominant and which subordinate.    A. C. Bradley, in his book of literary criticism, Shakespearean Tragedy, describes the theme of sexual jealousy in Othello:    But jealousy, and especially sexual jealousy, brings with it a sense of shame and humiliation. For this reason it is generally hidden; if we perceive it we ourselves are ashamed and turn our eyes away; and when it is not hidden it commonly stirs contempt as well as pity. Nor is this all. Such jealousy as Othello’s converts human nature into chaos, and liberates the beast in man; and it does this in relation to one of the most intense and also the most ideal of human feelings. (169)    Helen Gardner in â€Å"Othello: A Tragedy of Beauty and Fortune† sees that sexuality is also involved:    Othello is not a study in pride, egoism, or self-deception: its subject is sexual jealousy, loss of faith in a form which involves the whole personality at the profound point where body meets spirit. The solution which Othello cannot accept is Iago’s: ‘Put up with it.’ This is as impossible as that Hamlet should, like Claudius, behave as if the past were done with and only the present mattered. . . . (144)    Of course, jealousy of a non-sexual nature torments the antagonist, the ancient, to the point that he ruins those around him and himself. Francis Ferguson in â€Å"Two Worldviews Echo Each Other† describes:    On the contrary, in the â€Å"world† of his philosophy and his imagination, where his spirit lives, t... ...en. â€Å"Othello: A Tragedy of Beauty and Fortune.† Readings on The Tragedies. Ed. Clarice Swisher. San Diego: Greenhaven Press, 1996. Reprint from â€Å"The Noble Moor.† British Academy Lectures, no. 9, 1955.    Heilman, Robert B. â€Å"Wit and Witchcraft: an Approach to Othello.† Shakespeare: Modern Essays in Criticism. Ed. Leonard F. Dean. Rev. Ed. Rpt. from The Sewanee Review, LXIV, 1 (Winter 1956), 1-4, 8-10; and Arizona Quarterly (Spring 1956), pp.5-16.    Jorgensen, Paul A. William Shakespeare: The Tragedies. Boston: Twayne Publishers, 1985.    Mack, Maynard. Everybody’s Shakespeare: Reflections Chiefly on the Tragedies. Lincoln, NB: University of Nebraska Press, 1993.    Shakespeare, William. Othello. In The Electric Shakespeare. Princeton University. 1996. http://www.eiu.edu/~multilit/studyabroad/othello/othello_all.html No line nos.      

Monday, November 11, 2019

American Alligator Primary Habitats

Alligator mississippiensis is in the family Crocodylidae. This family has existed since the upper Triassic period, but the modern family members appear in the fossil record as little as 80 million years ago. There are three subfamilies, Alligatorinae, Crocodylinae, and Gavaialinae. Some people also include a fourth subfamily, Tomistominae, which contains a single species, the False Gharial. Alligatorinae includes the American and Chinese alligators and the caimans. Crocodylinae includes the crocodiles. Gavaialinae contains the gharials (or gavials). The alligators are unusually tolerant of cold and have been found frozen in ice at the most northern parts of their ranges (Beck). All of the family Crocodylidae is endangered. However, the American alligator has undergone a dramatic population resurgence because of human protection. Restrictions are still in place on capturing alligators from the wild (Beck). Studies have shown that using hormones such as norethindrone can be used to feminize alligator embryos at the male producing temperature (Lance, 79). This could lead to a way to help alligators increase in numbers of both sexes as well as help other members of the family Crocodylidae. Alligators are important ecologically and are dependent on the spatial and temporal patterns of water fluctuations. Patterns of courtship, mating, nesting, and habitat use are all dependent on marsh water levels. Alligators are a great study organism to study the adaptations and responses to the seasonal changes to the hydrological conditions in the everglades. Alligators seem to be able to adjust the height of the nest egg cavity based on the spring water levels, which historically indicated the water levels later in the nesting season. Water levels also determine the availability of food therefore affecting the patterns of growth and survival. Alligators are most abundant in central sloughs, which is probably due to recommendations regarding managing hydrological conditions for alligators focused on maintaining alligators in central slough habitats (Mazzotti, 485). The American alligator is one of the keystone species in the Florida everglades and other marsh systems. It is the only large, abundant, widespread nonmarine carnivore left in the southeastern United States (Mazzotti, 485). They are spread as far west as reserves in Texas, and their northern boundary is in South Carolina. The interesting thing about alligators is the temperature determination of sex. At 29? C all females will be produced. At 32? C all males are produced. Temperatures in-between will produce mixed sets of young. The lower the temperature the less yolk there is for the young, there fore the young turns out smaller and female (Allsteadt, 76). It would be the opposite for warmer temperatures. The female alligator chooses the nest site, which in turn determines the sex of the young. The sex of the young is determined in the first two-thirds of incubation. During the final third of incubation the quality of the young is determined. Snout length, carcass lean dry and lipid mass, and yolk sac lean dry and lipid mass are determined by the final third of the incubation period (Congdon, 497). These characteristics could affect the vitality of the young in competition after they hatch. In South Carolina growth rates of alligators were thought to be slower, but it seems that alligators reach sexual maturity at a later age and larger body size than alligators elsewhere. It is assumed that the delayed breeding of alligators in South Carolina may be related more to social dominance than to growth rates. It is essential that age and size relations need to be understood better if alligators are to be managed effectively (Wilkinson, 397). All alligators, caimans, gavials, and crocodiles are carnivorous. In the wild, each depends upon a somewhat different selection of prey from its local fauna. For captive specimens, diet should vary with the size of the animal and the availability of prey. Small captives will do well on small animals (e. g.. goldfish, insects, or mice. ) As the reptile grows, its diet should change from mice to rats to rabbits, chickens, and other suitable larger prey. It's prudent to supplement meals with added calcium. Reptiles are susceptible to a variety of cutaneous and deep mycotic infections, however relatively few cases are reported in the American alligator. A juvenile alligator in Texas was captured that was covered with a fungus-like material, which was a dermetophillic fungus (Foreyt, 530). This could indicate that alligators are becoming more susceptible to cutaneous infections. Since alligator's sex is determined by temperature there is a problem with primarily one sex being born. This causes a major problem since you have to have both male and female to produce young in alligators. Many surveys of juveniles and adults show a male-biased ratio, although a female-biased ratio exists in Louisiana. From a study of 25 nests with 778 hatchlings a ratio of 1 male to every 3. 8 females was determined (Rhodes, 640). However since sex ratios vary temporally and spatially, long tern studies in representative habitats would be required for adequate ratios. Hypoxic incubated alligator eggs temp to hatch later and produce smaller young. Their hematocrit was significantly higher after hatching. Alligators exposed to 20% Oxygen maintained oxygen consumption relative to their normoxic siblings despite their lower mass (Warburton, 44). Obviously being in hypoxic conditions wouldn't be life threatening to a certain point, but in future competition being smaller than the rest of the alligators is not a good quality. Humans as usual are a threat to any type of wildlife including alligators. Thirty farms in Florida's swampland are currently raising an estimated 100,000 alligators. They sold nearly 26,000 adult skins in 1995. The price for skins has increased 67% since 1993, and 30 % from 1995 to 1996 (Good). With skins being worth more each year, $150. 00 in 1996, more people may decide to take a risk in capturing alligators from the wild to sell skins. This could be detrimental to the wild population of alligators. However in 1998 trappers reported a decline in the demand for alligator skins resulting in a decrease in the price for skins. This helps slow programs where alligators that frighten people are killed (Falling, 6). If skins become popular again programs like these would hurt the population. This program has flaws because most alligators are relatively calm. The psychological orientation of alligators is interesting. It appears that alligators tend to regard humans as animals larger than themselves and thus will not generally attack a human without provocation. However, they will certainly look after their interests, and a small number of accidents have occurred when their predatory or protective instincts were inadvertently triggered. Crocodilians will attack in self-defense, to obtain food, and to protect their young up to two years after birth. Indeed, the outstanding parental care they afford is unique among herps and (along with certain anatomical features) illustrates the close alliance of this family to birds and, ultimately, dinosaurs (Beck).

Friday, November 8, 2019

Prentice Hall Literature Poetry Collection 7 and Dust of Snow Poem Essay Example

Prentice Hall Literature Poetry Collection 7 and Dust of Snow Poem Essay Example Prentice Hall Literature Poetry Collection 7 and Dust of Snow Poem Paper Prentice Hall Literature Poetry Collection 7 and Dust of Snow Poem Paper Essay Topic: Poetry Dust of Snow- Poem Type Lyric No Thank You- Poem Type Lyric Parade- Poem Type Lyric Wind and Water and Stone- Poem Type Lyric Lyric poem a highly musical verse that expresses the observations and feelings of a single speaker Dust of Snow- Basic Idea to describe winter snow falling on a persons head and changing their day for the better No Thank You- Basic Idea a person being offered a kitten, but wont take it because every of the many kittens she has taken in have grown in to cats that cause her problems, but eventually gives in and takes the kitten Parade- Basic Idea Describing a circus parade in town and everything going on around it Wind and Water and Stone- Basic Idea Comparing, contrasting, and telling how wind, water, and stone effect one another. Sound Elements Repetition, Alliteration, Onomatopoeia, and Rhyme (ROAR) Repitition The use, more than once of any element of language Example of Repetition ONE day ONE night Onomatopoeia the use of words that imitate sounds Example of Onomatopoeia Boing! Alliteration repetition of initial consonant sounds Example of Alliteration Super Salad Rhyme the repetition of sound at the ends of words found at the ends of lines Example of Rhyme She talked, He walked Figurative Language Simile, Metaphor, Personification and Hyperbole (SMurPH) Simile a figure of speech that uses like or as to make a direct comparison between to unlike ideas Example of Simile Its like a lamb to the slaughter Metaphor a figure of speech in which something is described as if it were something else Example of Metaphor Its a lamb to the slaughter Personification a nonhuman subject is given human characteristics Example of Personification The bear danced around his cave Hyperbole exaggeration for the purpose of a literary effect Example of Hyperbole Im so hungry I could eat a horse!

Wednesday, November 6, 2019

Getting That Memoir to Pay

Getting That Memoir to Pay Youve published your memoir and now its not bringing in the kind of money you expected? Its disappointing, but its not unusual. Turning your memoir into a money-maker is one of the greatest challenges in writing and publishing. But dont be too quick to round-file your book and abandon the life-long dream of writing your story. There are other fairly simple ways of bringing in extra cash from your labor-of-love. 1.   The biggest step in earning more money from your memoir is 2.   Try submitting snippets of your memoir to various publications. My best example is the Chicken Soup for the Soul series, which is basically a collection of mini-memoirs. They pay $200 per story plus 10 copies of the book in which youre to be published. 3.   Sell portions of your memoir to magazines. Womans World Magazine publishes a weekly magazine that offers opportunities for earning money for true stories written in the first person. They pay $25, $100 and $250 for non-fiction stories. Or, pluck a section from your memoir, change the names, embellish it and then submit it as fiction, which pays $800 for romances and $500 for mini-mysteries. 4. Newspapers are always looking for quality human interest stories for their hard copy and on-line publications. For seven years I was paid to write a nostalgic cooking column for a newspaper where I drew fully from my early-life experiences. Pay depends on the individual publication. 5.   Consider speaking engagements. Ive spoken at senior centers, churches, womens groups and military organizations. Network or go on-line to find groups with interests that align with your memoir. The larger the organization the more theyre able to pay. 6.   Enter contests. Contests accept fiction and nonfiction pieces; heres another place where you can take a slice of your memoir, fictionalize it and enter it in a contest, or write a piece of it as creative nonfiction. Entry fees vary, as do winning prizes. 7.   Teach a class. I contacted the Continuing Education Department of our local college and was hired to teach adult cooking, cooking for kids, memoir writing and publishing classes. 8.   Craft shows and farmers markets offer a relaxed, country feel that can set the mood for memoir sales. Bring along your gift-of-gab. Ive sold more books at craft shows than through any other venue. Earning additional funds from your memoir is entirely doable. The key is to think outside the box. Stay focused, flexible, and above all, creative.  

Monday, November 4, 2019

The RelationShip between Forensic Experts to Their Stakeholders Essay

The RelationShip between Forensic Experts to Their Stakeholders - Essay Example Influence of Forensic Expertise on the Society Forensic expertise affects many people in the society with regards to the needs presented to them by the society. Through this, a good relationship is born between the experts and the society especially the stakeholders. Due to the strong relationship made by the society and forensic science especially the citizens perceive forensic evidence as a much more trusted form of testimonial evidence than others do. The role of the media educating the public more about the forensic technology through television programs that contain forensic evidences makes the way the public relies on quality evidences on cases. Prosecutors depend on the results obtained by the forensic experts in order to plan on the next step in the case. Studies have shown that prosecutors take forensic evidence as a central pillar of plea and trial conviction (Peterson & Murdock, 2009). Furthermore the law society especially the lawyers use the results in order to represent their clients with facts to the courts in case the client is a complainer. Forensic technology has a vital aim in the examination and trial of criminal activities. Forensic science brings things to broad light by retrieving out facts before a case in a court of law, which influences the way, the jury and the judge will make the judgment. The stronger the forensic evidence the more likely the suspect to be fairly prosecuted according to the facts brought forward to the courtroom. Forensic evidence can be vital in a broad range of cases ranging from the study of the blood of a driver alleged of driving while under the control of alcohol drink or drugs. The good thing about the evidence produced through forensic science is that the evidence can be reexamined later using new techniques in the field. Even though the way forensic science provides reliable evidences in cases the activity of collecting the specimens for the laboratory tests is tricky and it needs a lot of concentration (Pe terson, J. et al. 2010). Obstacles facing forensics One of the obstacles facing the forensic science is the chain of custody and the preservation of evidence after obtaining them. Evidence acceptability needs lawful investigation and the severe loyalty to the chain of custody regulations including evidence collection, evidence preservation, analysis, and reporting which is difficult to be done by an officer while gathering evidence. The level by which the information technology is spanning the globe makes it difficult for the forensics make sure security is maintained. For example hackers and fraudsters use the internet to pose threat to the people using the internet (Adrian & Vorster, 2005). Solutions Relevant government should come up with laws, which will deal with the evolving computer crimes. The laws need to evolve around forensics ways of investigating of crime in order to give way to the transformation in technology. These laws should provide judgment to be given to computer criminals. Furthermore, new techniques of auditing should be introduced to cope up with the high rising of techniques used by hackers (Adrian & Vorster, 2005). References Adrian C. & Vorster, W. J. (2005). Legal Challenges Facing Forensic Auditing. Johannesburg: University of Johannesburg. Peterson, J. et al.(2010). Role and Impact of Forensic Evidence in the Criminal Justice Process. School of Criminal Justice and Criminalistics. California State University, L A Peterson, J. L. & Murdock, J.

Saturday, November 2, 2019

Business law Assignment Example | Topics and Well Written Essays - 750 words

Business law - Assignment Example Was there any due diligence conducted by the owners of the establishment to ensure that the walk way was safe for its customers. In personal injury cases, normally the lawyers get paid from a percentage of the amount won by the lawyer. The type of damages that the business would likely pay are the actual damages which would include the cost of hospitalization, the compensation the brain surgeon would have likely earned from the time he was injured up to the remaining years of his productive life, exemplary damages and moral damages. However, these types of cases will be paid for by the insurance and whatever money the business has. The liability of its partners would be limited to the investment that they have put in. The possible defences that can be raised are the following: Contributory negligence of the brain surgeon at his age he should not be walking much less traveling during a snow storm. The place where the brain surgeon was injured is not part of the property of the busines s. The accident was predicated from an act of god which is the snow storm, without the snow storm there would not have been any accident. Therefore the accident can be considered as an act of god and therefore cannot be blamed on anybody. Answer to Question 3 The alleged crime is punishable by 1 year or more due to the length of time and the amount involved. The crime is considered a felony due to the amount involved. There will be an indictment because embezzlement is considered a public crime. Yes, I would expect the grand jury at the state level to get involved. The grand jury will determine if a crime has been committed that would warrant a trial. After you have informed or complained to the police, the police will look for evidence that would prove the existence of a crime and possible suspects. As soon as a crime has been proven to exist a prosecutor will be assigned to your case. In order for a case to be filed in court, the prosecutor will present the case to the grand jury to get an indictment. The indictment would then be used to acquire a search warrant to search the personal laptop of the accountant. The only protection the accountant has is the presumption of innocence until he has been proven to be guilty. If there is strong evidence that links the accountant to the crime, search warrants can be issued to gain access to the laptop. No, the judge is conferred the sole power and authority to mete the appropriate penalty against the accountant. The jury is empowered to award damages only in libel cases. Question 3 The case would definitely be sexual harassment. Sexual harassment exists when a female employee is subjected to unwanted conduct by her superiors. Sexual harassment is a personal crime and if the victims felt that she is being victimized then she can file a complaint or an administrative case against her superiors for acts that violate her dignity. If the action of her superiors create a hostile environment that would intimidate or humilia te her and more importantly, if her superiors would make unwanted advances which are sexual in character intended to violate her dignity or create a hostile environment that would intimidate or humiliate her a formal complaint is warranted. Another case that maybe filed collectively by the women in the work place is sexual discrimination. A defence that comes to mind is to immediately fire the erring manager. A case against the manager