Saturday, August 22, 2020

Business Law for Consumer Protection Law - myassignmenthelp.com

Question: Examine about the Business Law for Consumer Protection Law. Answer: Presentation This review will analyze different parts of the law; entomb alia, the law of agreements and the utilization of different standards in the law of agreements. Utilizing the case situations introduced, the essayist will talk about the standard of development of an agreement and all the more especially the part of quick correspondence of acknowledgment and obligation in the event of penetrate. Further, the customary law position of the subject of selectiveness provisos which will in general prohibit the risk of the specialist organization or dealer will be examined and the standards relevance will be assessed according to the arrangements of the Consumer Protection Law of Australia. At long last, the Australian law on rivalry and shopper insurance will be broke down to extrapolate the different assurances stood to purchasers under the law with respect to security against unconscionable direct and out of line contract terms and furthermore the subject of deceptions as respects the source of products. This case situation speaks to parties during the underlying phases of agreement developments participating in exchanges through different methods of correspondence. Tragically, the gatherings various inclinations of various methods of correspondence lead to a significant miscommunication that events the disappointment of shaping an agreement. The issue emerging in this manner is whether there was in truth an agreement in presence which could then qualifies Brenda for Steven for penetrate of agreement. All the more especially, it is critical to decide if the acknowledgment was imparted appropriately. Accepting that the various prerequisites for an officially legitimate agreement were in presence, it is important to decide if the exceptionally essential requirements[1] for the development of an agreement had been satisfied for example offer and acknowledgment. Quilter (2014) composes that an agreement is finished up where one gathering makes (offeror) a proposal to do or give something and the other party (offeree) acknowledges the offer genuinely and conveys that acknowledgment to the offeror.[2] By expressing that the texture was accessible to be conveyed by 12 March and determining the cost at which he would sell it, Steve had made the proposal to Brenda which must be acknowledged before a coupling agreement could really be shaped. In the letter of offer, Steve had indicated the supported method of imparting the acknowledgment yet Brenda selected to react utilizing an alternate method of correspondence. Clarke (2016) has expounded on correspondence of acknowledgment. She propounds that the correspondence of the acknowledgment must be gotten by the offeror for the consent to be successful. In such manner, there are prompt and non-immediate methods of communication.[3] If the offeree imparts the acknowledgment through momentary mode, for example, an email, at that point the correspondence is regarded to have been gotten regardless of whether it isn't perused by the offeror.[4] all things considered, the agreement is esteemed to have been shaped and official and in the event of a penetrate, the offeree can sue the offeror for remuneration. Having sent the email to Steven, at that point Brenda could have effectively brought an activity against Steven for penetrate of agreement. Notwithstanding, for the current case, Steven obviously and unequivocally determined that the acknowledgment was to be made by return express dispatch. On account of Manchester Diocesan Council for Education - versus Commercial General Investments Ltd,[5] the Plaintiff called for tenders for its property, expressing that acknowledgment would be informed by postage of a letter in the location given by the giver. The Plaintiff sent an acknowledgment letter to the Defendants specialist which was not the location given by the Defendant. Given that the Defendant knew about the acknowledgment, it was held that the recommended method of conveying the acknowledgment was not obligatory in light of the fact that the offeror was made mindful by a similarly compelling strategy. From the abovementioned, it is in this way imperative to decide if the correspondence was gotten or whether Steven knew about the acknowledgment. Steven has expressed that he had never gotten Brendas email however he had browsed his email inbox day by day. The Electronic Transactions Act, 1999, gives that an electronic correspondence is regarded to have been gotten when the correspondence gets equipped for being recovered by the addressee.[6] Taking into account that Steven never got the correspondence and that he had determined the method of correspondence, thee just obvious end result is that there was no agreement and in this way Brenda can't effectively keep up an activity against him for penetrate of agreement. Then again, if the conditions could have permitted Brenda to effectively keep up an activity against Steve, the cures accessible would be damages.[7] From the realities of the case situation in this, obviously Giovanni couldn't peruse or decipher the significance of the specific provision of the approval. Indeed, even QRZ Motors tow truck driver didn't try to clarify the significance of the specific term of the approval. Subsequently, Giovanni marked the approval without understanding the importance and results appended thereto. In any case, QRZ Motors tries to depend on the condition to vindicate itself from risk for the harm supported by Giovannis vehicle because of a fire brought about by the carelessness of one of the companys mechanics. The issue emerging is whether QRZ Motors can effectively depend on the rejection condition and along these lines excuse itself from obligation. Quilter (2014) appropriately expresses that the law of agreements as it exists today is a result of precedent-based law which has been grown additional time through points of reference rather than legislation.[8] In his book, Quilter examines the principle of eliteness provisions. He propounds that these provisos are frequently utilized to shield the Selectiveness statements exist in records that are either marked or unsigned. In the event that the proviso is in an unsigned record, the specialist organization looking to depend on the statement must demonstrate that the presence of the condition was brought to the consideration of the purchaser. Then again, in the event that the statement is contained in a marked record, at that point it frames some portion of the contact and it gets official on both parties.[10] In this manner, from the perspective extrapolated above, and without offering respects to some other legitimate view, it could then imply that QRZ Motors can effectively maintain a strategic distance from risk for the harm caused to Giovannis vehicle given the way that the approval was agreed upon. Notwithstanding, alluding to the Competition and Consumer Protection Act it is explicitly expressed in that that any individual it exchange must not take part in unconscionable lead while exchanging or offering administrations to another (a consumer).[11] Further, the Act gives the Courts free powers to mull over different issues in deciding if a dealer has occupied with unconscionable conduct.[12] These incorporate, entomb alia, the bartering force or position of the provider/merchant and the purchaser and whether the client had the option to see any reports identifying with the flexibly of services.[13] what's more, the Act makes arrangements for uncalled for contract terms and among them are terms that are not straightforward and those that will in general breaking point the obligation of the supplier.[14] From the previous, the end to be drawn is that under custom-based law, QRZ Motors is just required to demonstrate that the selectiveness condition was brought to the clients consideration or is contained in a marked archive. In any case, under buyer law, QRZ Motors won't dodge risk in light of the fact that the term is viewed as out of line and likewise, QRZ Motors direct will be named as unconscionable. For this situation, it has been uncovered how Gary offered a deceptive expression that the bikes sold by BikeHike Ltd are produced in Australia and they satisfy the set guidelines of the administrative body. The truth, notwithstanding, is that they are imported from China. The issue exuding is whether ToughMount can bring an activity against Gary for the pitched deception and further, regardless of whether BikeHike can be held at risk for Garys activities. Different arrangements of the Competition and Consumer Protection Act prohibit the commitment of people in exchange deceiving and tricky conduct.[15] Under segment 29 (1) (k), it is unlawful to make a bogus or a deceptive portrayal that specific merchandise are of a specific cause when as a general rule the products are from an alternate inception. Further, Part 5-3 of the Act makes specific standards that address the issue of portrayals as to beginning of products which must be submitted to carefully. The instance of ACCC - versus Marksun Australia Pty Ltd[16] is one such comparable case wherein merchandise made in China were distorted as having been produced in Australia. In holding the Defendant subject, the appointed authority expressed that such a distortion hurts purchasers as well as effects genuine dealers and further effects the unwavering quality and estimation of the merchandise really made in Australia. According to the Australian Competition and Consumer Commission, any individual asserting a broker has distorted the inception of the merchandise can prosecute activity for break of the ACL.[17] Therefore, it is definitive that ToughHike has a privilege of activity against Gary under the ACL. Regardless of whether BikeHike can be vicariously obligated for Garys activities relies upon different factors bury alia whether Gary had the power to represent the organization. A business can be vicariously at risk for demonstrations of a representative under the standards of office law.[18] BikeHike Ltd being an organization, it is administered by the Corporations Act, 2001. Under segment 190, executives are considered answerable for the activities of their subordinates.[19] This is so in light of the fact that in organizations, it is chiefs who are viewed as operators of the organization. In this way, BikeHike won't be at risk for Garys activities on the grounds that the deceptive data was distributed without the assent or authority of

Wednesday, July 15, 2020

Wheeler, William Almon

Wheeler, William Almon Wheeler, William Almon, 1819â€"87, American legislator, vice president of the United States (1877â€"81), b. Malone, N.Y. Admitted to the New York bar (1845), he was district attorney of Franklin co., N.Y. (1846â€"49), Whig member of the state assembly (1850â€"51), and a Republican member and president pro tempore of the state senate (1858â€"59). After 1851 he turned from law to banking and railroad finance. He presided over the New York constitutional convention (1867â€"68) and sat (1861â€"63, 1869â€"77) in the U.S. House of Representatives. His most notable service in Congress was devising the Wheeler compromise, which settled (1875) a disputed election in Louisiana. Wheeler was little known when the Republicans nominated him for vice president in 1876. He was elected with Rutherford Hayes in the disputed election of that year. The Columbia Electronic Encyclopedia, 6th ed. Copyright © 2012, Columbia University Press. All rights reserved. See more Encyclopedia articles on: U.S . History: Biographies

Thursday, May 21, 2020

Life Is Beautiful How Can Life Be Beautiful - 1319 Words

Life is Beautiful Part of the human existence is questioning the purpose of our being. Constantly bombarded by emotions of love and joy paralleled by relentless hate and depression may create a war of confusion in our own minds. Though our minds face this confusion in processing these emotions to better understand life in its complexity, there is a common expression stating that life is beautiful. Though, the common expression says that life is beautiful. How can life be beautiful when presenting such tragedy? I faced my own crisis concerning how to hold a perspective on this life when my best friend decided to take his own life. His passing was devastating for me since I had spent an entire day with him and spoke to him moments before he made his decision. After this devastating loss, I had first hand experience questioning how life can be so great as I had been told all my life. As time passed I understood that life is what I decide to make of it, meaning if I want to understand t he beauty of this world then I must allow myself to see it. The reality is that when something agonizing happens in this world, there is typically nothing that is beautiful about what has happened itself, but the act of living as a human being and experiencing life itself creates the beauty. The human mind processes negative emotions and memories much differently than positive emotions and memories. Negative emotions require more thought and it is typically through negative emotions thatShow MoreRelatedHow Can Beauty Effect One s Life, Job And Personal Work?1306 Words   |  6 PagesHow can beauty effect one’s life, job and personal work? â€Å"In today s economy, looking good is no longer something we can dismiss as frivolous or vain† (Bennett). Economists have long recognized about the beauty advantages. The idea that pretty people, whatever their aspirations, they will do better, well, and get almost everything. Nowadays, job seekers who want to get ahead in life a nd succeed in life need to have a somewhat attractive appearance. Beauty in the workplace encourages positive treatmentRead MoreThe Scream, By Edvard Munch Essay1680 Words   |  7 Pagesdisastrous situation. Although he faces disaster, beauty can still be found in the life that he is has lived or is currently living. On the other hand, Alice Walker also shares a story of her disaster in â€Å"Beauty: When the Other Dancer Is the Self.† Walker got her eye shout out by a BB gun and it changed her life forever. Although at first she thought a life of experiencing beauty was impossible, she realized how beautiful the idea of living truly is and how grateful she is to be alive. As shown in â€Å"The Scream†Read MoreAristotle And Jean Jacques Rousseau And Rousseau On The Origin Of Inequality979 Words   |  4 Pagesliving your life as a generous person and practicing self-preservation is virtuous. These two different, yet similar ideas of virtuous living came from the two philosophers known as Aristotle and Jean-Jacques Rousseau and their works in the Nicomachean Ethics and Discourse on The Origin of Inequality. Aristotle believed that the individual had to meet multiple qualifications in order to truly be virtuous; rather than Rousseau who thought a virtuous person simply needed to preserve their own life and haveRead MoreBeauty Definition Essay1411 Words   |  6 PagesThe ways people view beauty have changed over time. Beauty has many definitions, and so many people think about it in different ways. Some people like external beauty and some like internal beauty and many people like both together. Beauty controls how people live and think, but it depends on which definition of beauty they choose to believe in. We live in a world that misunderstands the true meanings of pretty much everything. Thousands of years ago people knew and understood what the true meaningRead MoreShrek Movie Analysis796 Words   |  4 PagesFairy tales don t always follo w the same boring pattern; beautiful princess falls in love with her prince charming and they live happily ever after. The movie Shrek, an ogre and beautiful princess fall in love, though this beautiful princess has a secret; her secret is that by day a beautiful princess, and by night an ugly ogre, at least in her eyes. Shrek thought she was beautiful as a human and as an ogre; this hidden message is shown as beauty is in the eye of the beholder. Also in the movieRead MoreMy Home Congregation Of Beautiful Savior954 Words   |  4 Pageshome congregation of Beautiful Savior in Omaha, which was an interesting challenge. Having grown up in the church as the son of a DCE (now a pastor) there, I was already pretty familiar with the educational opportunities provided, but it was interesting to take a much deeper look at it and evaluate the shortcomings as well. The Dirt on Learning offered a strong basis for the critique of educational ministry from the perspective of the parable of the sower, making parallels with how it relates directlyRead MoreThe Difference Between Tangled and Rapunzel The Short Story1208 Words   |  5 Pagesalways a damsel in distress that is beautiful and the male character always falls in love with her. In Rapunzel the short story, Rapunzel is put into a tower and lives there most of her young life by her ‘mother’ before her prince comes to recuse her. The difference between Tangled and Rapunzel the short story is that, Rapunzel is the princess and her prince is actually a thief, which ends up falling in love with her. Tangled illustrates how a naà ¯ve and beautiful heroine, evil mother figure, and aRead MorePet Shop Boys and Beauty Essay979 Words   |  4 PagesThese two themes can be seen through the two character’s success, jealousy, and a genie. Bethany and Carla experienced success in Beauty. Carla was a famous, â€Å"beautiful catalogue model that was going to become a big time model soon after speaking with Ralph Lauren† (Martin 735). On the other hand, Bethany, the smart one, â€Å"received a $40,000 job offer straight out of college. She also published several short stories† (735). Carla was characterized as the perfect and beautiful success story, whileRead MoreLife Is Not What It Seems1474 Words   |  6 PagesLife is not What It Seems Emily Dickinson, Countee Cullen and John Donne live different lives. Emily Dickinson tells listeners in â€Å"Tell All the Truth but Tell It Slant†, that they should live a happy life, instead of settle for only looking at the negatives. She does tell readers that humans are too infirm and she is absolutely right. Countee Cullen and John Donne are perfect examples of this in â€Å"Incident† â€Å"Yet do I marvel† and â€Å"Holy Sonnet 14† where they are suffering and weak. There is alwaysRead MoreThe Sense Of Fantasy Lifestyles930 Words   |  4 Pagespresent with different everyday life events that we do not necessarily see with our own two eyes. With all of this in mind, it is important to consider the fact that different people appreciate aspects of beauty in different ways from others. In any event, is it beautiful how the sky is blue? Is there beauty in the wallpaper design in a classroom? Is it beautiful how a student is able to learn American H istory? These are all questions that showcase just how beauty can be related to a number of different

Wednesday, May 6, 2020

Pre Nazi Holocaust And The Civil War - 1181 Words

John Downing asks several tough questions to the believers of more speech: â€Å"What was the ‘healing antibiotic’ [(referring to more speech)] after the 1838 Cherokee Trail of Tears†¦Why will dialogue occur? What kind of dialogue?† (Downing 177), and later, â€Å"..where is the ‘more speech’ during the centuries of slavery†¦Was the Civil War fought simply because Frederick Douglass and Sojourner Truth†¦and their relatively few supporters spoke† (Downing 183). He also gives the example of pre-Nazi Germany, describe by Downing as â€Å"Europe’s paragon of civilization.† He notes how advanced this nation’s economy, sciences and engineering were, and that Jews were represented everywhere. Yet it just took 12 years for the Nazi Holocaust was devised and†¦show more content†¦Leading Nazis such as Joseph Goebbels, Theodor Fritsch, and Julius Streicher were actually prosecuted by the Weimar Republic for th eir anti-Semitic speech (Rose 54). The Weimar Republic had a hate speech ban, and it did nothing to stop the rise of the Nazis. The hate speech ban actually strengthened their cause. By prosecuting and jailing these Nazis, the Weimar Republic turned them into heroes of the Nazi movement. A similar situation happened later as most European countries banned holocaust denial. Those prosecuted for denying the holocaust brought more awareness to their cause and strengthened it. Eric Heinze, in â€Å"Viewpoint Absolutism and Hate Speech,† relates the words of Christopher Caldwell: â€Å"[bans on Holocaust denial provide] a bonanza of easy publicity for extremists who can present themselves as bold, censor-defying non-conformists, merely by brushing up to the law, without quite breaking it†¦Ã¢â‚¬  Implementing a hate speech ban on the internet here in the US would only encourage radicals to challenge these laws, and get all the attention they can. If there is anything we know for sure, it is that the internet will never be the perfect virtual paradise we want it to be. Those who advocate regulating speech on the internet are trying to create an online utopia: a place where all expression is positive and building. But we are humans, and when we desire toShow MoreRelatedHitler and The Nazi’s Victims of Persecution and Murder Essay878 Words   |  4 Pageshis Nazi party targeted not only those of the Jewish religion but many other sets. Hitler was motivated by religion and nationalism to eradicate any threats to his state. It was Hitler’s ideology that his Aryan race was superior to any other. Hitler’s goal was to create a â€Å"master race† by eliminating the chance for â€Å"inferiors† to reproduce. Besides the Jews the other victims of the genocide include the Roma (Gypsies), African-Germans, the mentally disabled, handicapped, Poles, Slavs, Anti-Nazi politicalRead MoreThe Rise Of Nazism And The Holocaust1668 Words   |  7 Pagesto world wars. Historical events have causal factors and in certain instances can be traced to an individual level. Therefore, certain individuals do matter in history directly altering the course the world takes. Adolf Hitler is one of these individuals. Hitler, the figurehead of the Nazi regime that led Germany to World War II, and instigated one of the most infamous genocides in history, the Holocaust. The impact Adolf Hitler had on history, namely, the rise of Nazism and the Holocaust is alsoRead MoreHolocaust Essays1076 Words   |  5 PagesQuestion 1- When did the Holocaust begin? I. January 1933- Hitler sworn in as the chancellor of Germany A. Whereas before it was only a plan (one which people though Hitler would forgo when actually in office) was now set into motion. B. April of the same year would see the beginning of Hitler’s implementation of such anti- Semitic legislation, starting with the prohibition of Jews from the Civil Service. II. November 1935- Nuremberg Laws enacted A. Jews areRead MoreHow Anti Semitism Is Put Forward As The Nazi Regime Gains Power1814 Words   |  8 PagesAnti-Semitism Is Put Forward as the Nazi Regime Gains Power When we look back onto the origins of the Holocaust, we immediately have ideas of what the Nazis might have done, though it might not be exactly correct. We probably think that it was explicitly Nazi hating and targeting Jewish people from the start kind of thing, but there were many layers and events that happened before that point. The Nationalist Socialist German Workers’ Party (NSDAP for short, or the Nazi Party), led by Adolf HitlerRead MoreEssay on Jews in Germany between 1922 and 19451347 Words   |  6 Pagesto wear yellow stars as a symbol that they are a Jew. Holocaust is the term describing the Nazi annihilation of about 6 million Jews (two thirds of the pre-World War II European Jewish population), including 4,500,000 from Russia, Poland, and the Baltic; 750,000 from Hungary and Romania; 290,000 from Germany and Austria; 105,000 from The Netherlands; 90,000 from France; 54,000 from Greece. The Holocaust was unique in its being genocide—the systematic destructionRead MoreEssay on The Mischlinge: The Forgotten Victims of The Holocaust2506 Words   |  11 PagesJewish descent remain largely forgotten in the history of the Third Reich and genocide of the Holocaust. Known as Mischlinge, persons of deemed â€Å"mixed blood† or â€Å"hybrid† status faced extensive persecution and alienation within German society and found themselves in the crosshairs of a rampant National Socialist racial ideology. Controversially, these people proved somewhat difficult to define under Nazi law that sought to cleave the Volk from the primarily Jewish â€Å"other†, and as the mechanizationRead MoreThe Perpetrators : Killers, Victims, Or Both?2367 Words   |  10 Pagesmass genocide came to be known as the Holocaust (a Greek-origin word meaning â€Å"sacrifice by fire†), the Nazi’s Final Solution for the total annihilation of anyone deemed inferior to the Aryan race, including gypsies, homosexuals, and Slavic groups , but most of all, the Jewish people. From 1938-1945 during World War II, before Allied Powers intervened, 10 million victims were murdered; 6 million of those were Jews (â€Å"Holocaust†). 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As pictures of Nazi atrocities like the Holocaust filtered out people were shocked at such brutal mistreatment of their fellow humans. Anger boiled up that moved us to call for a trial specifically for these crimes against humanity. Were it not for these images, leaders of the freeRead MoreWestern Culture : World War 2 : How Has It Affected Our Culture Today?1510 Words   |  7 PagesWestern Culture: World War 2: How has it affected our Culture Today? In the mid-twenties, the world was affected by a numerous amount of significant wars, but the one that I will be focusing on is known as World War 2 (WW2). WW2 started 21 years after World War 1 from 1939 to 1945. It was an extremely deadly war, one of the deadliest wars in war history to be exact. According to the textbook, Handbook for the Humanities during its six-year period the war left over seventeen million soldiers and

Operations strategy and competitive advantage Free Essays

Abstract The area of order qualifiers and winners has become a matter of substantial debate. This study will evaluate the factors in the hospitality industry with a focus on the Ritz Carlton. With relevance to the segments of operational strategy and supply chain maintenance this study found the presence of identification and winner creation essential to long term company survival. We will write a custom essay sample on Operations strategy and competitive advantage or any similar topic only for you Order Now This analysis will directly impact the study of operational strategy. Introduction The service industry is constantly looking for methods to improve their products appeal to the consumer. This essay will consider the hospitalities sectors order qualifiers and their ability to choose order winners with a focus on the Ritz Carlton Company. With a direct impact on the underlying revenue stream, this area of study will provide a substantial benefit to the evolving Ritz Carlton operations strategy. Beginning with an overview of the order qualifiers that are common to the industry will allow a clear illustration of the necessary elements that must be present in any effective operational strategy. Following this section with an identification of relevant order winners and the methods used to achieve these objectives will demonstrate Ritz Carlton’s grasp of effective policy. The combination of the evidence obtained during the earlier stages will result in topical assessment of the industry order qualifiers and how well these can be met in the modern and emerging market share. In the end, this study will have considered past practice, present policy and future potential with the stated goal of determining and evaluating the order qualifiers and how the Ritz Carlton achieves order winners. Order Qualifiers In order for a consumer to even consider a product or service there needs to be a specific set of factors in place, these are known as order qualifiers (Drejer 2002, p. 137). Order winners are the segments that make the product or service stand out and cause the consumer to spend money on them. The winners are viewed as the aspects of the company’s offerings that a consumer values above all others (Drejer 2002, p. 137). However, the presence of competition and innovation ensure that the process of evaluating order qualifiers and order winners are in a constant state of flux. Effective operation strategies are created from the competitive priorities that are unique to each organization (Russel and Taylor 2006, p. 32). The hospitality industry touches on several separate sectors of society, ranging from the consumer population to the underlying suppliers and personnel. Examples of competitive priorities that will play a factor in determining the order qualifiers and winners are high quality concerns, low cost, fast delivery, service and flexibility (Russel and Taylor 2006, p. 32). The association of value with a product or service has the potential to yield long term results for any company. As a consumer becomes able to feel a positive perception between the positive and negative elements of a company’s offerings, that feeling of value is established. Segments of the company’s products that were once considered winners will become qualifiers over time as these elements are incorporated into their competitors’ strategies. This fact illustrates the need to review and update the marketing strategy on a continual basis in order to stay relevant in the market (Godsell et al. 2011, p. 296). The hospitality industry possesses several distinct order qualifiers and potential winners. With the inclusion of technology, many in the hospitality industry found that the area of online service is a form of order winner (Drejer 2002, p.137). With the first appearance of this form of there was a significant draw as many in the sector viewed this as a luxury. However, as the era continues to progress and innovation and technology continues to develop, the online presence is now deemed a qualifier rather than a winner in nearly every case (Drejer 2002, p. 137). This illustration of the degradation of winners remains the constant in the drive to establish an effective operational strategy. The minimum level of products that certifies that a product or service is eligible to be bought by the consumer remains the shifting level that each service sector must address (Russel and Taylor 2006, p. 33). These criteria that mark the lowest level of quality to provoke consumer interest serve to establish a range that the company can then create an operation strategy upon. Neely (2007, p. 69) ascribes the performance standards of a company to five separate areas: Quality, which encompasses performance, feature and perceived quality and overall financial value. Dependability rests in the area of schedule adherence, price performance and the ability to keep promises. Speed refers to the overall rate of production and delivery. Flexibility, material and output quality and volume. Cost for manufacturing, selling and service. These five elements can be applied to the hospitality industry in order to assess the qualities that are considered winners in the industry (Neely 2007, p. 69). As the consumer base has a distinct tendency to refine their taste over time, these areas will evolve as the companies brand builds a consumer base (Drejer 2007, p. 138). This fact supports the constant need to revaluate the overall operational strategy. In many cases an effective operational strategy in the hospitality industry will hinge on the location or destination of the offering (Azorin 2010, p. 22). The ease or difficulty of access can become a substantial deterrent to the potential consumer base. It is the firm effect or destination of a tourist spot has been found to be more influential than the location (Azorin 2010, p. 22). It remains the designation of quality and level of service that determine the order winners in the hospitality industry. In order to maintain the cultural perception of order qualifiers it is necessary to move beyond the common assertion that firms in the hospitality sector overuse resources for their own gain (Blanco 2009, p. 112). To this end, an effective branding process will establish a level of trust that will benefit the entire operational strategy. The ability to provide compliant leadership and comprehensive risk management strategies ensures order qualifiers in the human resources arena (Kri shna 2011, p. 789). Coupled with considerate cultural awareness several opportunities can be made available to operations at numerous levels. It is vital that a company support the order qualifiers and winners better than the competition in order to remain viable in the market (Hart 2012, p. 11). The most important criteria for winners in the hospitality industry centre on service, expertise, trust, knowledge, location, quality, price, reliability and speed. Once each company enables a strategy that creates the means to meet these consumer expectations, the level of competitive advantage will have been raised in their favour (Hart 2012, p. 11). The strategy of market penetration employs the relevant qualifiers and winners in order to establish a foothold in the market, making this evaluation critical. Market development uses the qualifiers to expand the reach of the parent company by addressing the emerging wants of the consumer base (Hart 2012, p. 11). The product expansion strategy utilizes the qualifiers and winners to build and expand on the foundation of the existing product line. In each case the operational stra tegy is dependent on the consumer assessment. The areas of cost, flexibility, service and delivery have a tremendous impact on each strategy (Rhee 2009, p. 30). The type of order qualifiers and winners are heavily influenced by the expectations of the consumer (Victorino and et al 2005, p. 555). In the areas of luxury travel and hospitality the focus is on the innovative nature of the qualifiers such as inclusive child care. Lower economic competitors are less susceptible to service qualifiers as the desire to save money and capitalize on available finance asserts itself (Victorino and et al 2005, p. 555). With the lower level of spending the nature of the expectations turns to the facilities, including features such as kitchenettes and balconies, rather than the additional services. Associated industries such as the upscale and luxury wine industry base their qualifiers on variety (Verma and et al 2002, p. 11). This approach is not available to the lower end suppliers that must rely on other incentives to match the resources of the upper tier. In this case, winners in the economy sector of the hospitality industry will differ from the wi nners found in the luxury setting (Victorino and et al 2005, p. 555). Hassin (2009, p. 48) describes the area of human resources as a viable segment of order qualifiers and winners for the hospitality industry. Utilizing a series of multi skilled human resources adds a valuable layer of expertise and personal understanding to the operational strategy, ensuring a high level of service. This area of order qualifiers is supported by the Stanley and Wisner (2001, p. 287) study that confirms that the supply chain benefits through the implementation of internal qualifiers. By building on the foundation of good communication with the internal personnel, the perception of an inclusive and effective demeanour is transmitted to the consumer base, benefiting the entire strategy (Hassin 2009, p. 48). Further, the continuous training and development of these personnel will serve to cement their loyalty and skill set, thereby adding to the functional assets of the company. It is vital that the areas of human resources be included during the evaluation of any operati onal strategy (Hassin 2009, p. 48). Lacking this key area of consideration will diminish the capacity to reach the expected goals. An evolving order qualifier is the application of mass customization based on the utilization of technology (Kumar 2007, p. 1). The ability to tailor a stay or service in the hospitality sector to an individual’s desires has the potential to become a order winner. This form of qualifier has been made available through the inclusion of online technology that has come about due to the near universal reach of the Internet (Kumar 2007, p. 1). Yet, while in the beginning this form of service would have been deemed an all-around winner, the sheer availability of it has caused the consumer base to expect nothing less, making what was once considered a winner now a qualifier. The strategy of mass personalization has given many companies in the service industry a potent tool with which to attract the constantly shifting consumer base (Kumar 2007, p. 2). With the primary factor of the hospitality service industry being personal service, the only sure way to create order winners is t o possess a product or service that the consumer absolutely must have above all others. Verma and et al (2002, p. 470) assert that the area of customer choice provides a wealth of order qualifiers in the hospitality industry. The sophistication of technique and opportunity serves to draw in a substantial consumer base. Utilizing a consumer choice modelling method enables a tailored approach to each market, providing more relevant qualifiers to the operational strategy (Verma and et al 2002, p. 470). Ritz Carlton Order Winners â€Å"the most important element of their [Ritz Carlton] hotel stay is being pampered† (Wyle 2009, p. 8). This Ritz Carlton experience is designed to enliven the senses, instil wellbeing and fulfil expectations. The hotels approach to the hospitality industry rests in the upscale, luxury avenue (Wyle 2009, p. 6). With a world renowned reputation to maintain, the leadership utilizes the expectation factor to manufacture order winners. The effort to maintain a superior level of customer satisfaction through the anticipation and provision for each need is a long time avenue to meet this goal (Wyle 2009, p. 3). However, this very element can also serve to create obstacles that can serve to slow down consumer acceptance. Alongside the effort to establish a very high threshold of service, the Ritz Carlton is open to the magnified perception of failure when their service fails to meet the consumer perceptions (Drejer 2002, p. 65). With a very real appreciation of the factors that com bine to create order winners, such features as the doorman meeting each and every customer with an open door only serves to frame the offered package. For the Ritz Carlton Company, order winners are centred on the consumer’s perception of efficient and all inclusive service (Wyle 2009, p. 9). Utilizing a process centred approach featuring the Gold Standard, management takes extra care to create and preserve the feeling of being completely taken care of. Consumer appreciation to this offering can be found in the very high return rate of satisfied customers. Another example of their willingness to meet the needs of the consumer through service was found in the staff ordering specific glass ware for a specific client (Wyle 2009, p. 4). This attention to detail adds value to the consumer which creates a clear order winner for the Ritz Carlton. With this approach it is the area of quality control, human resources and consumer satisfaction combining to create a process that provides a method for qualifiers to become winners. In order capitalize on the potential to identify internal winners; the Ritz Carlton institutes a Total Quality Management process, with the goal of strengthening the employees (Wyle 2009, p. 4). This approach to order qualifiers provides a well-educated staff to the consumer base, which responds by recognizing the capacity of the talent and purchases the service. This human resource approach to order winners lays out a specific process for each consumer interaction which establishes a baseline for operations (Wyle 2009, p. 7). With additional features including a personal walk to the room as opposed to pointing, or a smile from each employee, the recognition of the value of the personnel to win continued patronage is apparent. In the case of the Ritz Carlton, which holds the international reputation as the ‘Hotelier to the Kings’, it is necessary to maintain the very highest standard of personnel (Wyle 2009, p. 8). Coupled with this approach to a human resource centred order winners, is the annual recognition of the best performing employee, which in turns adds gravitas and confidence in the staff and underlying management (Wyle 2009, p. 8). Each of these areas create avenues to order winners for the Ritz Carlton management and is achieved through the recognition of process design, quality, innovation and human resources. The Ritz Carlton recognizes the area of quality as high on their list of competitive priorities (Russel and Taylor 2006, p. 2). In order to capitalize on the full range of opportunities, the leadership has developed a much targeted set of standards (Russel and Taylor 2006, p. 2): Each and every employee is trained and enabled to satisfy any guest’s wish. There is a process in place that creates teams at every level that creates objectives and devises the quality action plans. Each and every hotel has a quality leader. The creation of quality report tracks: Track guest room maintenance Percentage of consumers that do not have to wait. The time spent to achieve the industry best clean room appearance. A guest preference report which is then put into a working database. Utilizing this approach to quality management coupled with comprehensive training serves to create a steady stream of order winners for the Ritz Carlton Company. This process of customization to meet consumer need is achieved by changing the service or the product designs (Krajewski and Malhota 2010, p. 14). The Ritz Carlton considers a range of factors in order to create the best possible strategy: Low volume Close customer contact Easily reconfigured processes. The very high standards that are illustrated by the Ritz Carlton are the result of a very well developed, long term strategy (Drejer 2002, p. 61). This strategy has solid basis in theory as the concept of the hybrid model of combining approaches to find order winners is found viable in the research of Hallgren (2011, p. 511). There is a need to balance between the factors of cost efficiency and overall flexibility. This can be achieved through the utilization of delivery and quality process performance (Hallgren 2011, p. 511). Conclusion This study has assessed the area of order qualifiers and order winners to determine their characteristics in the hospitality industry. The strategies that the Ritz Carlton employs to first identify order qualifiers and their subsequent ability to choose order winners is a demonstration of effective long term strategy coupled with a diverse support infrastructure. This area of study has a direct impact on the entire service industry by demonstrating the very real potential to be found in recognizing the value of identifying qualifiers and winners. Order qualifiers are the criterion that provides the consumers the incentive to buy the offered service or product, with the winners being the methods that have deemed successful. There is the recognition that there is a limited life span of the winners in the hospitality industry, and the rapid evolution of technology and innovation will continue to provide means for competitors to find a way to appeal to consumers. The Ritz Carlton utilizes the quality and human resources approach to provide their consumer base with a comprehensive, in depth experience that is credited with the creation of a steady stream of order winners. With specialized training that excels at providing the staff with both the authority and the education to complete the entire range of necessary services, the Ritz Carlton has recognized that to survive and excel in the luxury service industry requires a very high standard of operation. As the evidence in this study revealed, the expectations for the Ritz Carlton are going to be much higher than for more economical competitors, making the segment of training and customer service absolutely essential to progressive operation. Through the advent of positive branding and long term success, the Ritz Carlton has established a high threshold of expectation that requires a strong effort to maintain. Yet, this achievement has been credited with maintaining the profile of the company. In each segment of the hospitality industry, the opportunity to generate order winners is found most often in the positive interaction with the clientele. In the end, it will be a combination of practice, policy, experience and resources that will determine the effectiveness of any operational strategy. References Azorin, J., Pereira-Moliner, J. and Claver-Cort’Es, E. 2010. The importance of the firm and destination effects to explain firm performance. Tourism Management, 31 (1), pp. 22–28. Blanco, E., Rey-Maquieira, J. and Lozano, J. 2009. Economic incentives for tourism firms to undertake voluntary environmental management. Tourism Management, 30 (1), pp. 112–122. Byrd, E., Canziani, B., Hsieh, J., Debbage, K. and Sonmez, S. 2012 . Predictors of Repeat Winery Visitation in North Carolina. Drejer, A. 2002. Strategic management and core competencies. Westport, Conn.: Quorum Books. Godsell, J., Diefenbach, T., Clemmow, C., Towill, D. and Christopher, M. 2011. Enabling supply chain segmentation through demand profiling. International Journal of Physical Distribution Logistics Management, 41 (3), pp. 296–314. Hallgren, M., Olhager, J. and Schroeder, R. 2011. A hybrid model of competitive capabilities. International Journal of Operations Production Management, 31 (5), pp. 511–526. Hart, M. 2012. Prevention is better than cure: increasing sales revenue by identifying order-winning criteria. University of Twente. Hassin, A. 2009. The link between operations strategy and human resource management for NGOs working in unstable environments. Journal of Business Systems, Governance and Ethics, 4 (3), pp. 43–49. Krajewski, Ritzman and Malhota. 2010. Operations Management. 9th ed. Pearson: Pearson Education. Krishna, A. and Dangayach, G. 2012. Service operation strategy: a developing country perspective.Production Planning Control, 23 (10-11), pp. 789–800. Kumar, A. 2007. From mass customization to mass personalization: a strategic transformation.International Journal of Flexible Manufacturing Systems, 19 (4), pp. 533–547. Neely, A. 2002. Business performance measurement. Cambridge: Cambridge University Press. Rhee, B., Verma, R. and Plaschka, G. 2009. Understanding trade-offs in the supplier selection process: The role of flexibility, delivery, and value-added services/support. International Journal of Production Economics, 120 (1), pp. 30–41. Russel, R. and Taylor, B. 2006. Operations Management. 5th ed. Chattanoga: University of Tennessee. Stanley, L. and Wisner, J. 2001. Service quality along the supply chain: implications for purchasing.Journal of operations management, 19 (3), pp. 287–306. Verma, R., Plaschka, G. and Louviere, J. 2002. Understanding customer choices: a key to successful management of hospitality services. The Cornell Hotel and Restaurant Administration Quarterly, 43 (6), pp. 15–24. Victorino, L., Verma, R., Plaschka, G. and Dev, C. 2005. Service innovation and customer choices in the hospitality industry. Managing Service Quality, 15 (6), pp. 555–576. Wylie, K. 2009. Total Quality Management – A Case Study of a Quality Award Winning Organization. Munchen: GRIN Verlag GmbH. How to cite Operations strategy and competitive advantage, Essay examples

Friday, April 24, 2020

The Lion King Character Analysis free essay sample

Curious Simba is very curious about the world and wants to know everything that is happening. He also asks his father what it is like to be king. When Scar mentions the graveyard he is also very curious to find out what is out there. 2. Ambitious/ Cocky/ Confident/ Adventurous Simba is very ambitious because he wants to be king as a cub. When he finds out that he can rule all the land he sees he becomes determined and excited to be king. This is shown in the musical number I just cant wait to be king. . Naive Hes very naive (refering to the scene in the graveyard), cause he doesnt realize that his actions have consequences. Also, he doesnt realize that Scar is out to get him, he just follows Scars ideas (temptation) and doesnt second guess if its wrong or not. So he is very immature, because he is only a cub. We will write a custom essay sample on The Lion King Character Analysis or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page After his father was killed simba thinks he is the one that killed him, he runs away in to the jungle. Simba really doesn’t care for anything until he meets Timon and Pumba. They tell simba to not worry and live his life without worries. . Ignorant of his resposibilities. During the scenes with Timon and Pumba, Simba forgets who he is, who his father was and he forgets his responsibilities (of being the king). 6. Determined and passionate After Nala finds him, Simba starts thinking of what he should have become, the king. Rafiki finds him, and leads him to a vision of his father. Here, Simba starts to remember his responsibilities and wants to go back to fight for his home land. He learns that the past may hurt, but that you have to live on. He finds his responsibility and goes to pride rock to fight scar and retake what was really his. 7. Mature/Responsible As Simba grows to be an adult; he takes on his responsibilities and holds the title of king again. Also he has a daughter, which makes him grow even more. Growth: Simbas growth is definitely due to various characters in the story: 1. Mufasa: Simba definitely shows growth when he learns that all consequences have actions. The scene in the graveyard for instance, when he realizes that being brave is more then just being a lion. Being brave is about knowing what you are up against and knowing how to handle the situation. 2. Timon and Pumba: When he meets Timon and Pumba, he learns another way of life which he is not used to. This is a carefree life without any worries. He learns that he doesnt have to be responsible and that he can also have fun while living his life. Its not necessarily good growth, but growth nonetheless. 3. Rafiki: After refusing to go back home, he encounters the mystic babboon one night and follows Rafiki when he says he knows who Simba is. He leads him to a water hole, where he sees his reflection. Rafiki instructs him to look closer and he will see Mufasa. This is when he realizes that Rafiki means that he is the next Mufasa. He is the next king and he should go back to fulfill his duties. PART B: These are some examples of binary oposites: Levi-Strauss: universal conflicts Emotion vs Rational, Illustion vs. Reality, Order vs Chaos, Inside vs Outside, Culture vs Nature, Past vs Future, Human vs God We chose two out of these binary oposites: Inside vs. Outside. There are different opposing characters that draw a conflict. First of all there is conflict between Simba himself. He has to choose between staying in the jungle, carefree and doing what he always has been doing or being Simba, the future king, filled with responsibilities and power. In the end only one person can win, and Simba has to decide if he is going to take on his resposibilities, or stay back in the jungle. His reaction to this is to grow up and take on his responsibilities. Past vs. Future One of Simba’s biggest conflicts is how to deal with his past. From the moment mufassa gets killed, simba lives in agony that he is the one that is responsible for the death of his father. When Simba gets found by Rafiki, Rafiki shows Simba that you should live towards the future and learn to live with the past. Because he says the past can hurt, but you will learn from it. Simbas reaction is to immediately go to pride rock to find out that scar killed his father. The protagonist, antagonist and tritagonist Protagonist: Simba Tritagonist: MufasaAntagonist: Scar The first triangle refers to the first part of the story, where Simba is a little cub that gets into problems and doesn’t realize the danger of some situations. He is not ready to become a king, but his father helps him to understand what he has to do, and what his tasks will be. Scar, being the antagonist, attempts to kill Simba in the elephant gravejard, but mufasa saves him. Protagonist: Simba Tritagonist: Timon and PumbaAntagonist: Simba This triangle refers to Simba forgetting who he really is. He flees from home and goes into the jungle where he meets Timon and Pumba. He wants to forget about his fathers death and has an overwhelming feeling of guilt. He wants to forget about it and live a different life and Timon and Pumba definitely help. Protagonist: Simba Tritagonist: SimbaAntagonist: Scar This triangle refers to the fight between Simba and Scar for the Kingdom. Simba will fight scar and his tritagonist (Simba as king/mature) helps him. He is motivated and determined to defeat Scar. In this last scene the protagonist defeats the antagonist, and there is no antagonist anymore. The Portagonist is the hero and the story has a happy ending.