Monday, May 25, 2020

America´s Hostile Response to the Vietnam War and...

How much did America’s generally hostile response to the Vietnam War contribute to the high number of Post-Traumatic Stress Disorder victims? Plan of Investigation In this investigation, the personal side of the soldiers who fought in the Vietnam war will be examined- particularly the symptoms of Post-Traumatic Stress Disorder (PTSD) that were most common in veterans, and the different experiences in the war or after returning home that could have caused them. The types of warfare, deaths, and differences from methods used in the Vietnam War will be discussed. Technological advancements and mindsets of the different times of the wars will be taken into account. The definition of PTSD and descriptions of different general causes will be†¦show more content†¦During the war, Post-Traumatic Stress Disorder was not something commonly understood. An estimation of â€Å"†¦about 85,000 of the more than 250,000 Vietnam veterans [were] discharged under other-than-honorable conditions have PTSD.† There were lawsuits for veterans treated unfairly from the war due to this. The technological advancements, especially aviation advancements, in the Vietnam War have changed warfare as a whole. Weapons became more complex; tactics became more gruesome, bombing became much more frequent and utilizing larger radiuses. Attack and medical helicopters came into play, environmental killers, and more medical advancements. Evaluation of Sources Wounds of War: the Psychological Aftermath of Combat in Vietnam by Herbert Hendin and Ann Pollinger Haas was published in 1984, roughly a decade after the end of the Vietnam War. Its purpose is to inform the public about the trauma, treatment, complications, and other perspectives that the Vietnam War veterans went through. Herbert Hendin is a psychiatrist and Ann Haas is a sociologist. Describing that both the combat experiences and the post-war treatment was cruel, Hendin and Haas came to the conclusion that overall, it was the post-war treatment to the veterans of Vietnam was the biggest cause of the number of Post-Traumatic Stress Disorder victims. A value of the book is that Hendin is a psychologist who has studied suicide and depressionShow MoreRelatedPost Traumatic Stress Disorder ( Ptsd )1386 Words   |  6 PagesPost-Traumatic Stress Disorder, also called PTSD, is when someone witnesses or had a role in a traumatic event that leads to a mental health c ondition. PTSD, is very common with veterans. Statistics, effects on the brain, and effects on relationships show how much this issue desperately needs attention so help can be given to the soldiers. It is suggested that the number of Iraq and Afghanistan soldiers that have PTSD is much higher estimated. â€Å"According to RAND, at least 20% of IraqRead MorePost Traumatic Stress Disorder (PTSD) Essay4334 Words   |  18 PagesPost Traumatic Stress Disorder (PTSD) has been the focus of considerable attention, and some controversy, since it was formally recognised in 1980 by the American Psychiatric Association. This essay will discuss the history of this relatively new diagnosis and its place within the DSM-IV-TR, whilst three perspectives of pathological reaction to trauma, namely, socio-cultural, psychological and biological factors will also be compared. In conclusion this essay will discuss how the three perspectivesRead MoreThe War Had A Deep Impact On The American Veterans And Our Society2096 Words   |  9 PagesApproximately 2,700,000 American men and women served in Vietnam (va.gov). The war had a deep impact on the American veterans and our society. Prior to Vietnam, Americans have traditionally supported the military and have shown respect for soldiers (Moffett). Soldiers were viewed as heroes. Unfortunately, soldiers returned from the Vietnam War were treated with disrespect by the American public. In turn, disillusioned veterans returning from the war developed serious physical and psychological problemsRead MoreAnger and Hostile Behavior as it Relates to PTSD Symptoms in Afghan and Iraq War Veterans2042 Words   |  9 Pages With the United States of America being involved in near constant combat for much of the past decade, there have been an increasingly high number of troops returning home with not just physical injuries, but also injuries of the mind. This research article review will examine the study titled â€Å"Anger, Hostility, and Aggression Among Iraq and Afghanistan War Veterans Reporting PTSD and Subthreshold PTSD† conducted by Matthew Jakupcak, Daniel Conybeare, Lori Phelps, Stephen Hunt, Hollie Holms, BradfordRead MoreThe Population Suffers From An Anxiety Disorder Essay11814 Words   |  48 Pages17% of the population suffers from an anxiety disorder. Are you one of them? Do you struggle with the decision to try supplements or prescription drugs to help relieve your pain? If you answered yes to these questions than you are not alone! I myself was in your shoes not much longer than a year ago, and I had to face these questions. I was diagnosed with Generalized Anxiety Disorder in September of 2008. My life was in shambles and my world was crumbling around me. I needed a way out, so I turnedRead MoreSSD2 Module 4 Notes Essay28478 Words   |  114 Pagesmanagement Impression management is the active process of influencing how one is perceived by others. As a refresher, lets review the key concepts about culture. Culture is the primary determinant of human behavior. Culture determines your emotional responses to social situations. Your culture includes your language, which influences the way you think. You have no choice about which culture programs you from birth. So dont judge others because of their cultural differences from you. All complex societiesRead MoreEssay Paper84499 Words   |  338 Pagesthe confidentiality of survey responses; adds requirement to provide inconspicuous location to submit paper and pencil format; provides guidance on group versus individual reporting (para E-2). o Deletes the tools used for obtaining the command climate surveys (para E-5). o Adds requirement for survey administrator and data collector to protect respondent anonymity and results confidentiality; adds exceptions to the confidentiality of survey responses; prohibits collection of personally Read MoreDeveloping Management Skills404131 Words   |  1617 Pagesbuilt-in pretests and posttests, focus on what you need to learn and to review in order to succeed. Visit www.mymanagementlab.com to learn more. DEVELOPING MANAGEMENT SKILLS EIGHTH EDITION David A. Whetten BRIGHAM YOUNG UNIVERSITY Kim S. Cameron UNIVERSITY OF MICHIGAN Prentice Hall Boston Columbus Indianapolis New York San Francisco Upper Saddle River Amsterdam Cape Town Dubai London Madrid Milan Munich Paris Montreal Toronto Delhi Mexico City Sao Paulo Sydney Hong Kong Seoul SingaporeRead MoreFundamentals of Hrm263904 Words   |  1056 Pagesmoney From multiple study paths, to self-assessment, to a wealth of interactive visual and audio resources, WileyPLUS gives you everything you need to personalize the teaching and learning experience.  » F i n d o u t h ow t o M A K E I T YO U R S  » www.wileyplus.com ALL THE HELP, RESOURCES, AND PERSONAL SUPPORT YOU AND YOUR STUDENTS NEED! 2-Minute Tutorials and all of the resources you your students need to get started www.wileyplus.com/firstday Student support from an experiencedRead MoreStephen P. Robbins Timothy A. Judge (2011) Organizational Behaviour 15th Edition New Jersey: Prentice Hall393164 Words   |  1573 PagesEducation, Inc., publishing as Prentice Hall. All rights reserved. Manufactured in the United States of America. This publication is protected by Copyright, and permission should be obtained from the publisher prior to any prohibited reproduction, storage in a retrieval system, or transmission in any form or by any means, electronic, mechanical, photocopying, recording, or likewise. To obtain permission(s) to use material from this work, please submit a written request to Pearson Education, Inc., Permissions

Thursday, May 14, 2020

The Psychological Positivism Theory On All Of The Mental...

The psychological positivism theory concentrates on all of the mental aspects of why an individual commits a crime, and associates it with their intelligence, personality, learning, and criminal behaviour. It looks at the determinations, thoughts, intentions and reactions of criminals and all that contributes in the criminal behaviour. Explanations of criminal behaviour were explained by looking at the work of Sigmund Freud (1956-1939). He established the psychoanalytical model in which he believed that a human progresses, early in life. Freud discusses that the human personality has three sets of interacting forces. These include the id, the ego and the superego. These are three components in a human personality that pledge them to behave in the manner they do and make individuals they are. Firstly Freud believes that humans are born with their id. He suggests that the id holds importance for personality. The id allows a new-born to get its desires met by crying. Freud mentions that the id is set on getting pleasure and the id wants whatever feels good despite the circumstances. In addition to this Freud had mentioned the second component of the personality develops. This is known as the ego, it understands feeling and emotions of others and takes them into account. Freud then suggest that the ego meets the needs of the id, at the same time looking at the reality of the condition. Lastly Freud mentions that when a child is five the development of the third personalityShow MoreRelatedThe Criminal Justice System1700 Words   |  7 PagesCriminal Justice System to effectively deter crime, it is imperative to understand what causes crime, understand why crime exists and why offenders engage in criminal behaviour. In the 18th century criminologists such as Jeremy Bentham, Cesare Bonesana-Beccaria and Cesare Lombroso all established criminological theories, in an attempt to achieve this goal. The most influential theories are known as the Classical and Positivist p erspectives. Both of these theories have had a long-term influence on the currentRead MoreCriminology Theories1039 Words   |  5 Pagesâ€Å"Criminology† is the study of crime from a social perspective by researching the nature and management of crime and the social impact of crime on society involving the causes and consequences behind the matter. This is a generalised explanation of what â€Å"Criminology† involves as it is too difficult to create an exact definition because the topic is so complex from continuous growing historical roots and evolving theories which will be explored within the main body of this essay. It is said by SutherlandRead MoreCesare Lombroso s Role As A Criminology Thinker1115 Words   |  5 Pagesflag bearer of biological positivism and was mainly influential in Europe and North America. His proposition was that there needs to e an understanding of the criminal. This was to be done before we criticize the crime itself. (1912, pg.15). His book Criminal Man was one of his renowned works. His work was greatly influenced by that of Charles Darwin as he was a supporter of the evolution theory as suggested by Newburn (Newburn 2007). Lombroso was and advocate for positivism. He studied the biologicalRead MoreThe Media Coverage Of Oscar Pistorius Case1462 Words   |  6 PagesEssay (CRM 1410) The media coverage of Oscar Pistorius case The theory that I will discuss for my essay is called psychological positivism. Psychological positivism is a theory, which suggest that there is criminal personality that resides in the minds of the criminals. The theory was designed by Austrian neurologist called Sigmund Freud. He believed that some people committed crime due to certain internal factors that one had little or no control over. These internal factors can be formed dueRead MoreThe Case Of Jeffrey Dahmer Essay1377 Words   |  6 Pagesperson and who they are. Does where a person lives and the environment they are in constantly influence them to commit crime? Is it the genetic makeup of the person that makes a more probable chance for them to commit a crime? â€Å"Drilling into the skull of a young man he began to funnel a stream of sulfuric acid into the head of his unconscious victim to create a zombie to fulfill all of his fantasies. Dead within a day, he mummified the head of his victim placing it in the freezer beside the skullsRead MoreCriminal Justice Final Exam2621 Words   |  11 Pagesnecessary aspect of every society since â€Å"Laws are the conditions under which independent and isolated men united to form a society† (Beccaria, 1764: 16). In order words, crime control deals with the methods that are taken by a society to reduce its crime. As a matter of fact, there are various crime control strategies from community policing to risk assessments. In addition to the different tactics for controlling crime, there are several theories that not only attempt to explain the causes of crime, butRead MoreOutline and Discuss in Detail the Various Theories Used by Psychologists to Explain Criminal Behaviour. by Applying Evidence to Support Your Argument, How Relevant Do You Consider These to Be?2397 Words   |  10 Pagesfollowing essay will outline and discuss the various theories used by psychologists to explain criminal behaviour. According to White and Haines 2008 crime was seen as the result of externally caused biological problems or internal psychological factors that were treatable. They believe the criminal was made, not born. Psychological theories tend to focus on how characteristics of an individual lead to criminal behaviour, however these theories may also be irrelevant, challenge existing thinkingRead MoreCrime Is a Social Construct1370 Words   |  6 PagesCrime is a social construct Discuss. This composition will look at crime and its different criminological interpretations. Crime is an umbrella word which covers a diverse range of issues and is dependant upon the theoretical stand point of the writer. Although the wordings of the explanations differ, the implications are consistent (Newburn, 2007. Doherty, 2005). Mclaughlin et al (2006) seems the most relevant for the purpose. They separate crime into three key constituent parts. These are harmRead MoreFemale Juvenile Delinquency Essay2679 Words   |  11 Pagesjuvenile delinquency: What went wrong with â€Å"Sugar and Spice and all things nice†? Ariana Kalaitzaki S2760178 Griffith University Abstract This review addresses major questions around female juvenile delinquency, around which much contemporary research is oriented. These involve which factors are contributing to female juvenile delinquency and what causes female juveniles to display criminal behaviour in the first place. Theories and risk factors will be identified. Although research in the pastRead MoreCore Issues in Crime and Punishment3260 Words   |  14 Pagesinteresting and honest insight into his life of crime and incarceration. The autobiography, written from inside prison, is according to Boyle an attempt to warn young people that there is not anything glamorous about crime and violence. It gives a full narration of his life from a very young age, with a detailed insight into his childhood, experiences of petty crime, approved schools and borstal, right through to his adult experiences of more serious crime, violence and adult prisons, including his interpretation

Wednesday, May 6, 2020

Their Eyes Were Watching God Motifs - 1272 Words

Jessica Vega Mr. McCarthy English 10H-5 31 May 2012 The Journey of Love and Life In the novel Their Eyes Were Watching God by Zora Neale Hurston, Hurston reinforces the idea of understanding oneself by the use of repeating patterns such as the blossom and the bee, and the horizon throughout the novel. The use of these two motifs represents the ideal relationship, an effortless union of individuals and the possibility of change or dreams and wishes. Janie Crawford in the beginning of the novel is a young lady who is naà ¯ve to love and will do anything that is asked of her. She is essentially forced into a marriage that her Nanny set up for her, for her own protection. Janie denies at first but then gives in, believing she will fall†¦show more content†¦Joe forbids Janie from taking part in the conversation with the men about the mule. She reacts strongly one day, when the men mistreat and tease the old mule. â€Å"They oughta be shamed uh theyselves! Teasin’ dat poor brute beast lak they is! Done been worked tuh deat h; done had his disposition ruint wid mistreatment, and now they got tuh finish devilin’ ‘im tuh death. Wisht Ah had mah way wid ‘em ali.† (56) Janie feels sympathy and compassion towards the mule because she has gone through the same difficulties as the mule has. She thinks back when her Nanny referred to black women being the mule of the world. She is amplifying the fact that women in general, are enslaved by the world. After Jody’s death, Janie is alone in Eatonville and meets Tea Cake in the store. He arrives in Eatonville as a fun-loving man who quickly falls for Janies beauty and charm. Although Janie fears that she is too old for Tea Cake, she cannot help but fall in love with this man. Janie leaves behind everything that she has ever known to start a new life with Tea Cake. She adores him, as he adores her. After moving to the Everglades with Tea Cake, she embraces this new life as well as her new friends. Finally, Janie has found the love lik e that between the bee and its blossom. She declares that Tea Cake could be a bee to a blossom — a pear tree blossom in the spring. The horizon representsShow MoreRelatedTheir Eyes Were Watching Who?2015 Words   |  9 PagesOprah’s interpretation of Their Eyes Were Watching God sends multiple important details and significant events on a mass exodus, completely altering the story. With a different title, changing focus, unrecognizable characters, an altered theme, and the absence of symbolism, the entire meaning of the journey skews in this false interpretation of a classic novel. The elements of racial conflict and the purity of relationships are also replaced, removed, and distorted. All of the major details in theRead MoreTheir Eyes Were Watching God, Written by Zora Neale Hurston1374 Words   |  6 PagesTheir Eyes Were Watching God, written by Zora Neale Hurston, is a novel about Janie Crawford, a â€Å"light† african american woman living in the 1930â⠂¬â„¢s. Janie’s life is chronicled as she tells her friend her story: a pear tree, a dead mule, three marriages, and a hurricane later the reader and the listener, Phoeby, feels they had â€Å"‘done growed ten feet higher from jus’ listenin’’† (192) to her story. However, overall Hurston wants the reader to understand that they have to find out about living for themselvesRead MoreThe Sentiment of Oprah, Not Hurston: Their Eyes Were Watching God1502 Words   |  7 PagesOprah took a magnum opus, Their Eyes Were Watching God, and remade it into an entirely different story that did not comply with the book. By altering Janie’s character, moral fiber, relationships, and public acts, it changed the meaning of the novel. The symbolism and the significance of the title varied from the book and the story morphed into a tale of love when made into a movie. Zora Neale Hurston’s book held a disparate meaning before it fell into the hands of Oprah, who annihilated it. Janie’sRead MoreEssay on Love in Zora Neale Hurstons Their Eyes Were Watching God869 Words   |  4 PagesLove in Zora Neale Hurstons Their Eyes Were Watching God The novel Their Eyes Were Watching God by Zora Neale Hurston (1937) is a search for self-fulfillment and true love. On a porch in a small town called Eatonville a story is told about an attractive African American womens journey. Her name is Janie Crawford. Her struggle to find companionship and herself starts as a young girl who had lost both of her parents. She lives with her grandmother who is a nanny for a wealthy white family. JanieRead MoreTheir Eyes Were Watching God Essay724 Words   |  3 PagesTHEIR EYES WERE WATCHING GOD ESSAY  ¬Ã‚ ¬ Janie Crawford is surrounded by outward influences that contradict her independence and personal development. These outward influences from society, her grandma, and even significant others contribute to her curiosity. Tension builds between outward conformity and inward questioning, allowing Zora Neal Hurston to illustrate the challenge of choice and accountability that Janie faces throughout the novel. Janie’s Grandma plays an important outward influenceRead MoreEssay about The Growth of Janie in Their Eyes Were Watching God2970 Words   |  12 PagesTheir Eyes Were Watching God      Ã‚  Ã‚  Ã‚  Ã‚   Human beings love inertia. It is human nature to fear the unknown and to desire stability in life. This need for stability leads to the concept of possessing things, because possession is a measurable and definite idea that all society has agreed upon. Of course, when people begin to rely on what they know to be true, they stop moving forward and simply stand still. Zora Neal Hurston addresses these general human problems in her novel Their Eyes Were WatchingRead MoreExamples Of Greed In The Great Gatsby1195 Words   |  5 PagesGod’s eyes. By utilizing eye motif, repetitions of sight words, and tone changes, F. Scott Fitzgerald justifies that avarice will always end in vain and amoral decisions will always end in regrets. Through the repetition of Doctor T.J. Eckleburg’s eyes, it becomes clear that the motif is a symbol for God’s eyes, taking in account of all unethical decisions one had made in exchange for own benefits. Furthermore, immoral behaviors are extremely common in the Roaring Twenties, when people were fixatedRead MoreFlowers for Algernon Symbols and Motifs1629 Words   |  7 PagesSymbols and Motifs By Amber Wang In Flowers for Algernon by Daniel Keyes, there are many motifs and symbols. According to Dictionary.com (2013), a motif is: â€Å"a recurring subject, theme, idea, etc., especially in a literary, artistic, or musical work.† On the other hand, a symbol is, according to the same website: â€Å"something used for or regarded as representing something else; a material object representing something, often something immaterial; emblem, token, or sign.† However, unlike motifs, it isRead MoreMy Lack Of Knowledge On Vietnam1730 Words   |  7 Pagesor worship our ancestors. We only offer offerings to God, since my family is Orthodox. The concept of offering food to the dead was really intrigue because they believe that not only are they honoring they’re dead but also could potentially get blessings from their ancestors. I questioned how the dead was going to help the living because I believed only God could give you blessings. I thought it was a waste of food since Hang and her mother were struggling to eat. One of the group’s topics was onRead MoreSystematic Blind Man s Bluff : Identity Through Vision2109 Words   |  9 Pages Systematic Blind Man’s Bluff: Identity through Vision in The Invisible Man and Their Eyes Were Watching God In present day American society, African-Americans’ skin color makes them into targets -- of violence, prejudice, stereotyping, and potentially of victimization. Police are trained to racially profile in their work, and the byproduct of this has been devastating; in 2015 alone the police killed about 102 unarmed black people. These happenings have sparked national outcry over institutionalized

Tuesday, May 5, 2020

Adoption of Cloud Computing Firms †Free Samples to Students

Question: Discuss about the Adoption of Cloud Computing Firms. Answer: Introduction: This report depicts the importance of incorporating strategic information system in a business organization that helps to build the organizational structure and also helps to gain effective revenue model. The revenue of a business organization is dependent upon its structure but at the same time the organization might positively as well as negatively impacted with the structure. In the first part of the report for representing the organizational structure Woolworths limited is selected. On the other hand, the operational issues experienced by Woolworths are also elaborated in this paper. Additionally, the most likely system acquisition method along with a flowchart will also be prepared for Woolworths Limited. From different analysis it has been found that, Enterprise Resource Planning (ERP) is one of the most efficient system acquisition methods. At the end of the report, different controls problems those are associated to the organizational structure will be identified. Different range of tasks can be estimated and determined efficiently with the help of the developed organizational structure of Woolworths Limited. The management authority of Woolworths Limited has a four level managerial structure and the company uses open communication method to communicate along with the fellow project team members including the finance manager and project sponsor as well (Mortimer, 2014). Apart from this, the Human Resource Management (HRM) system of Woolworths Limited is very much efficient. Operational problems experienced by Woolworths Limited due to its organizational structure After analyzing the current market trends it has been found that the company is facing major challenges due to presence of lack of management strategies. Thus, the organizational structure is unable to serve the required operational and functional capabilities. The operational problems are affecting the general management structure of Woolworths Limited, in terms of supply chain management, customer relationship management and stakeholder management as well (Amos Sullivan, 2016). The different operational challenges faced by the consumers of the business organization are as follows: Human resource issues: The leading role of Human Resource Management team is to manage all the employees rather labor of the business organization. In other words, it can be said that, the organizational goal can be reached after designing the proper job roles of the employees of the business organization (Islam, Jain Haque, 2016). It will help the employees to utilize the resources accurately. Supply chain management issue: It has been found that, the supply chain management system of Woolworths Limited, is considered to be the oversight of different materials, information as well as finance and operational components because all these are becoming procedures from the suppliers to manufacturer and also to the end point of the consumers (Cheng et al., 2014). The integrated activities are required to be transformed for procuring the materials and organizational services as well. However, the company fails to manage such kinds of services and productivity at the same time. Capacity and demand management issues: The Company lacks to fulfill the requirement of the consumers due to lack of capacity and demand management as well. On the other hand, the time management and system management capacity of Woolworths Limited is also not enough appreciable (Arli et al., 2013). Improper communication management: The company uses downward communication it means that only the higher authority are capable to share their views with others and none of the team members are capable to share their views or ideas to the top management authority (Cameron et al., 2015). In order to resolve this issue the organization should adapt open communication approach. Incorrect service process: The service process designed by the business analysts of Woolworths Limited, are incorrect. The main reason behind this is lack of proper management measures. Due to absence of measuring services, the retail outlets of Woolworths fail to meet the requirement of the consumers (Akbar Ahsan, 2014). On the other hand, the performance measuring process of Woolworths Limited uses traditional methodologies and due to this reason the company is also facing major challenges and issues as well. Most likely system acquisition methods Based on the type of business different kinds of system acquisition methods are used by different business organizations. From the market analysis it is found that, one of the most likely system acquisition models is ERP and Woolworths Limited also uses ERP model for their business development. Both the management authority and the consumers of Woolworths Limited can utilize the tools for implementing their business process fluently and accurately (Muthoka and Oduor, 2014). It also helps to establish communication between the different operational departments of Woolworths. Apart from this, the system also provides measureable security to the system to protect the data stored in this server. Due to the security measures none of the external users can access the data from the server. Even the intra organizational conflict can also be avoided with the help of the system. Different business organizations use SAP ERP, commercial software for gaining commercial benefit from the competitive market (Islam, Jain, A., Haque, 2016). The SAP ERP will help the business organization to serve the desired service to the consumers of the company. It is determined that, Woolworths Limited is one of the leading retail industries in Australia that serves on time delivery and quality products to its consumers. Due to affordable price range the company is able to grab large number of consumers regardless of their geographical boundary (Akbar Ahsan, 2014). The sales procedure flowchart of Woolworths Limited helps the organization to provide various opportunities visualization capability as well regarding its sales structure and market revenue. It will help the organization to lead its sales structure towards measurable success. The diagram below represents the sales structure of Woolworths Limited. Identification of the control procedure of the system The company might face different control level issues due to lack of inventory management system. Due to lack of inventory management system Woolworths Limited is also facing major control level issues (Amos Sullivan, 2016). The control level issues identified in Woolworths are as follows: Improper sales and purchase: This is one of the major control level issues that have been identified in Woolworths Limited. The IS of Woolworths should be updated properly, after purchasing or selling any product. As the IS lack this feature thus the system fails to record the sales information accurately. It will lead the system towards measureable failure. The purchase level fraud can also be raised due to improper inventory management system. Security level issue: Security is another issue that the company is facing constantly. In addition to this, the detail processing system used by the organization is very much challenging and the employees and users are unable to maintain this process accurately and this is reason for which the company faces major challenges (Arli et al., 2013). The paper depicts the importance of implementing online accounting software package in a business organization to avoid the issues of traditional data management system. Mainly for managing financial data, online software packages are required to be adapted by the financial institutions. The online software accounting package selected to represent this report is named as Xero. The paper elaborates the development and adaptation of Xero in Australian financial industry. In addition to this the report also illustrates the current market size of Xero in the competitive market including the leaders and the competitors of the company. Apart from this the report will also elaborate the current challenges or gaps that the users of the company are facing continuously. Xero is referred to as one of the most widely used online accounting software packages used in Australia. This online accounting software package is mainly used by small to medium organizations, and the system runs over cloud server (Hingorani, Beasley Bradford, 2015). It means that, the users of Xero online accounting software package can avail high storage and security at the same time. The users of this software can access the storage regardless of their location and time. The system cannot be used in large organizations because it is specially designed for small businesses. This system can be run in real time. It implies that the users will be able to access up to date data from the server and due to the presence of single version, the users can connect the system from office and desktop also. It provides unique and single platform to the users where the small businesses can collaborate all the activities very easily. This system provides enough security to the server it means t hat only the authenticated users will be able to access and utilize the system efficiently (Walther et al., 2013).). As, the data holds different kinds of financial information thus, security is one of the major concern that is required to be considered by the system developers. The features of Xero include bank reconciliation, online invoicing, purchase orders, expense claims unlimited email support, financial reporting, bank feeding and world class security. The current market size of Xero From the current market analysis it has been found that, Xero is one of the leading online accounting software packages widely used and served in Australia. The numbers of users are growing rapidly due to its market presence and operational and functional features. It is found that, the annualized committed monthly revenue at the end of March 2016, is around $257.9 million. The number of paying subscriber at the end of 31st March is 717, 000 million. The cash and the cash equivalents and the short term deposits at the end of 31 March are around 207.1 Million (Treves, 2017). The strong global revenue and subscriber growth of Xero is continuing to execute on a global basis and it is found that the number of paid subscriber hit over 717,000 and the annualized monthly revenue is $256.90 Million and it is increased up to 65% from the previous time (Walther et al., 2013). From the market analysis it is determined that the operating and investing cash usage for the second half of the year i s around $ 39.90 million (Erturk Fail, 2015). Depending upon the current projection and the growth plan of the business organization it has been found that in order to drive the business towards cash flow break even, Xero has a sufficient amount of capital. The company is purchasing large market of around ten millions of small businesses and most of them are well experienced in the cloud usage. In order to continue the business process properly Xero has the resource and substantial revenues for continuing with the long and short term both focuses (Hingorani, Beasley Bradford, 2015). After the market analysis it is found that the company has a least amount of financial support to improve the existing performance of the system. MYOB and Reckon are the biggest competitors to Xero. Both Reckon and MYOB is user friendly it means that the users can use the software packages, without any sort of professional training and development program (Ma, 2015). Even the essential subscription price is also less in case of these two service providers. Identification of the current gaps and challenges encountered by the users of Xero Security: Security is one of the major issues that the organization is facing. It is found that Xero is eager to subscribe these software packages for entering to the system or into the financial and personnel information in the server (Walther e al., 2013). On the other hand due to lack of security, the sensitive information stored are getting hijacked by the external users. Cost: Cost is another challenge that the company is facing. It has been found that, among all the software packages the price of the trial version of Xero is highest. Apart from this, in order to implement the system the technical requirements those are needed, very much costly (Treves, 2017). Encryption: In order to increase the system security encryption key is needed to be adapted to overcome the data theft issues. Technical advances: The Company is required to implement different technical advances, for improving the overall system capacity. Experienced users implementation: The Company should hire experienced users for handling the complexity if the system. References Akbar, S., Ahsan, K. (2014). Analysis of corporate social disclosure practices of Australian retail firms.International Journal of Managerial and Financial Accounting,6(4), 375-396. Amos, N., Sullivan, R. (2016). The Business Benchmark on Farm Animal Welfare 2015 Report.Browser Download This Paper. Arli, V., Dylke, S., Burgess, R., Campus, R., Soldo, E. (2013). Woolworths Australia and Walmart US: Best practices in supply chain collaboration.Journal of Economics, Business Accountancy Ventura,16(1). Bailey, M. (2016). Absorptive Capacity, International Business Knowledge Transfer, and Local Adaptation: Establishing Discount Department Stores in Australia.Australian Economic History Review. Cameron, A. J., Sayers, S. J., Sacks, G., Thornton, L. E. (2015). Do the foods advertised in Australian supermarket catalogues reflect national dietary guidelines?.Health promotion international, dav089. Cheng, M. M., Green, W. J., Ko, J. C. W. (2014). The impact of strategic relevance and assurance of sustainability indicators on investors' decisions.Auditing: A Journal of Practice Theory,34(1), 131-162. Erturk, E., Fail, D. (2015). Information technology in New Zealand: Review of emerging social trends, current issues, and policies.arXiv preprint arXiv:1504.07012. Hingorani, K., Beasley, B., Bradford, J. (2015). Enhancing student learning of erp configuration through a quickbooks tutorial.Issues in Information Systems,16(1). Islam, M. A., Jain, A., Haque, S. (2016). A Preliminary Analysis of Australian Governments Indigenous Reform Agenda Closing the Gapand Corporate Accountability. InKey Initiatives in Corporate Social Responsibility(pp. 341-354). Springer International Publishing. Ma, X. (2015). The adoption of cloud computing for small and medium accounting firms. Montiel-Reyes, F., Maldonado, J. E., Del Real-Monroy, M., Martinez-Mendez, N., Ortega, J. (2014). Non-invasive sampling reveals fine-scale genetic structure in black bear Ursus americanus populations from northeastern Mexico.Endangered Species Research,26(2), 179-188. Mortimer, G. (2014). Mt Isa Shopping Precinct Survey Report: Consumer Attitudes towards Proposed Extended Trading Hours at Mt Isa. Muthoka, M. and Oduor, P., (2014). Effects of strategic alliances on organizational performance: supermarkets and their alliances in Kenya.European Journal of Business and Management,6(34), pp.75-89. Treves, L. (2017). The maturity of United Kingdom (UK) accounting actors in Software as a Service (SaaS) and their readiness for automated integrations. Walther, S., Sedera, D., Sarker, S., Eymann, T. (2013). Evaluating Operational Cloud Enterprise System Success: An Organizational Perspective. InECIS(p. 16).

Friday, April 10, 2020

Fashion Blogging - the Impact on Sales free essay sample

Thus, we first investigate whether blogging activity leads to (differential) market outcomes. We then examine whether managerial communication (magazines advertising) and blogging are synergistic. We assemble a unique data set from fashion containing market outcomes (sales), new media (blogs) and traditional media (magazines advertising) for a brand of clothing, and a brand of shoes. Each category has at least one product launch during the duration of our sample periods. We specify a simultaneous equation log-linear system for market outcomes and the volume of blogs. Our results suggest that blogs are predictive of market outcomes, new and traditional media act synergistically, pre-launch magazines advertising spurs blogging activity but become less effective post-launch and that market outcomes have some effect on blogging. We find detailed support for some of these findings via a unique and novel text mining analysis. We discuss the managerial implications of our findings. I-Introduction Consumer generated media (CGM) such as blogs (a contraction of the term â€Å"Web logs†) have witnessed explosive growth in the last few years. We will write a custom essay sample on Fashion Blogging the Impact on Sales or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page For example, the number of blogs worldwide is estimated to be 184 millions with a readership of 346 million (March 2010). In contrast, in March 2003, the number of blogs was essentially zero. Other types of CGM have also seen similar growth patterns, e. g. , Facebook, which started in February 2004, now has about 400 million members worldwide (February 2011). There are also indications that blogs are now being seen as similar to mainstream media sites – the number of blog sites in the top 100 most popular sites (blogs and mainstream media) worldwide was twenty-two in 2008 and blogs were being viewed by consumers as â€Å"sites for news, information, gossip etc. † (2008). In 2010, four of the top ten entertainment sites were blogs (March 2010). It is clear from these statistics that there is considerable activity (multi- media posting, blogging, visits, traffic etc. ) on the part of consumers. However, an important question, from a managerial perspective, is whether this activity leads to (differential) business outcomes such as sales or profits. In addition, little is known about the relationship between traditional or old media (where the company creates content and delivers it to consumers) and consumer generated, or new, media (where consumers create content and there in an exchange of this content between other consumers and potentially, the company). That is, are there any synergies between new media and old media? In this research, we take the first step towards answering these questions. Blogging is perhaps the most established and largest form of consumer generated media at this point in time. The total worldwide viewership of blogs is estimated to be about 346 million (March 2010). Wikipedia defines as a blog as â€Å"a Web site, usually maintained by an individual with regular entries of commentary, descriptions of events, or other material such as graphics or video. Entries are commonly displayed in reverse-chronological order. Blogging is a worldwide phenomenon with the two biggest blogging markets being the United States and Japan. The number of blogs in the United States is about 23 million (about 12% of all US Internet users) and about 8 million in Japan (about 5% of all Japanese Internet users) in 2009. However, if one examines the total number of posts by language, Japanese language posts account for 37% of all posts worldwide followed closely by English language posts at 36%. Fina lly, readership of blogs in these two markets is ery high about half of all Internet users in the US and about one-fifth of all Japanese Internet users have read a blog in the past year. While there are many informal opinions on the effectiveness of CGM in general (and blogs in particular) vis-a-vis market outcomes, there is limited empirical research that sheds light on this issue, especially for the launch of new products. The majority of the existing research has focused on online chatter (newsgroup postings, reviews and ratings) and its effect on market outcomes. There is some evidence that volume of online user ratings is positively correlated to sales. Blogging, on the other hand, has been seen as a unique type of user generated content as being a highly personal, non-directed communication tool. As Kumar (2005) note, blogs are unique for sociological reasons – they comprise a â€Å"highly dynamic, temporal community structure† that â€Å"focuses heavily on local community interactions† and for technical reasons – blogs â€Å"offer us a ready-made view of evolution (of content) in continuous time. † In addition, blogging activity was probably the most pervasive CGM activity on the web during the time of our data. Given these unique characteristics of blogs as opposed to reviews, it is not obvious that bloggers’ activity should affect market outcomes. Surprisingly, there is very little research that has tried to quantify the effect of blogs on market outcomes, especially in the presence of traditional media and/or an examination of pre- and post-launch changes in the role of old and new media. Two recent empirical papers have focused on blogs and market outcomes. Dhar and Chang (2009) explore the relationship between music album sales (imputed via sales ranks on Amazon. om) and online chatter (as seen in blogs and on social networks). Using 108 music albums in early 2007 (before four weeks and after four weeks of their release), they find a positive correlation between both the number of blogs and Myspace member intensity with future music sales. Gruhl (2005) propose a new methodology to automatically generate a query of blog keywords to detect spikes in Amazon. com’s book sales rank. They conclude that their new algorithm could adequately predict the changes and spikes of future sales ranks. Thus, while these two studies suggest that there may be a correlation between blogging activity and market outcomes, they do not use actual sales data but only sales ranks from Amazon. com. To the best of our knowledge, the second issue that we outline above the positive relationship between traditional media and new media has not been investigated in the literature. Our expectation is that there will be a positive correlation between the quantity of traditional media and new media as traditional media is likely to provide discussion materials for bloggers. From a managerial perspective this issue is crucial, as managers have no direct control over CGM (blogs in our case). However, if there is indeed a synergistic relationship between traditional media, which are under managerial control, and new media, which are outside managerial control, then managers can leverage this relationship. Specifically, they can carry out â€Å"better† resource allocation and media planning (to traditional media) as they can take the spillover effect (from traditional to new media) into consideration. We examine the role of new media with respect to market outcomes as well as the relationship between new media and traditional media using data of two different clothing and shoes brand that are both promoted in fashion blogs. We consider the number of units sold, customers or subscribers (all a proxy for demand) as market outcomes, blogs as representations of consumer generated media and magazines advertising as traditional media. We specify a simultaneous equation model that links sales to advertising and blogs as well as a model that links blogs to advertising. Our results, after controlling for many temporal and cross-sectional factors, suggest that first, the volume of Blogstock (cumulative sum of past blog posts) is positively correlated with market outcomes (volume of clothing sold, and the volume of shoes sold) post launch. Second, the interaction between blogs and magazines advertising has a positive effect on market outcomes. Third, we also find that traditional media (magazines advertising) positively affects new media (the volume of blogs) pre launch. In other words, bloggers consume advertising, independent of the product, and this ncreases their blogging activity. Finally, we find that the effect of blogs varies between pre and post launch. In general, the positive relationship between magazines advertising and the volume of blogs pre-launch becomes weaker after launch. This result suggests that while magazines advertising can independently increase blogging pre-launch via the provision of information and content, post-launch (i. e. , once the product is available), consumers may rely less on traditional media, leading to a much weaker relationship between new and old media at that point. These last three sets of results shed light on the possibility that, broadly speaking, advertising and blogs act synergistically (with the relationship changing somewhat post-launch). The process explanations for our findings is not obvious. We take the first step in eliciting process explanations by carrying out a novel text mining analysis of the blog posts for the two markets (shoes and clothing) for which we have access to the textual content data. The findings from the text mining analysis suggest that blogs may affect market outcomes as they represent a rich source of product information and consumer opinion for other consumers. Also, bloggers do use advertising as a subject for blogging pre-launch but turn their attention to product attributes post-launch. II-Data Our data come from fashion market. We consider data from two brands – clothing and shoes. We first describe the market outcome data for each product market and then we describe the measurement of traditional and new media. III-Market Outcomes The daily sales of clothings were made available for the total fashion market based on a nationally representative consumer panel. The data include daily sales of two new pieces of clothing introduced in the period from January 2013 to March 2013. For shoes, the outcome variable we use is based on the same principle. We have data of two new models that were released (launched) in the period from January 2013 to March 2013. IV-Traditional Media The traditional marketing variable we use is magazines advertising. This was measured in units of daily or monthly Gross Rating Points (GRPs). There are some differences in the patterns of magazines advertising pre and post launch across the two brands. For clothing, most of the advertising is post launch. Typically, commercial ads in this market begin to air about five days pre launch and then the heavier advertising kicks in post launch. In contrast, for shoes, pre-release magazines GRPs are larger (on average) than the post-release magazines GRPs. Specifically, peak advertising for shoes was, not surprisingly, a week before its launch date in order to generate high demand at the time of the opening. V-New Media We obtain blogging data from blog 1 (www. leblogdebetty. com) for clothing data and blog 2 (www. sorayabakhtiar. com) for the shoes data. Both the brands scan and index the two blogging sites on a daily basis using keywords with coverage of about 64% of all blog articles. They then aggregate the data and provide the count of the daily number of blogs that mention a particular keyword on a specific temporal period such as day or month (multiple mentions in the same temporal unit are counted as one). As is typical for most blogs, its contents appear in a reversal chronological order and also include the blogger’s profile, â€Å"trackbacks† (links showing other websites, typically other blogs, that a blog is linked to), and comments. Buzz Research archives the contents of all blog posts. It also carries out lexical analysis of the contents of each tracked blog by using a proprietary text- mining method and classifies each blog as positive, negative and/or neutral with respect to a given keyword. We therefore have access to the actual content of all posts as well as the daily percentage of positive, negative and neutral blogs for the movies and cellular phone service markets. There is big increase in the average number of blogs per period post launch in all two brands. Interestingly, for the two brands markets where we have valence data, the biggest growth is in the percentage of neutral blogs post launch. To illustrate the relationship between marketing outcomes and both traditional and new media, we pick a product across our two brand markets. The figure suggests that magazines advertising, blog volume and shoes buyer are temporally correlated. Dividing the data temporally at the date of release we see that magazines GRPs and the number of blogs exhibit an increasing trend pre-release, but a decreasing one post-release. While we illustrate a typical data pattern through this example, the pattern is not identical for all brands across product markets. In conclusion, these data are novel in the sense that they combine marketing data for both traditional and new media along with market outcomes from a market where new media have proven to be important (at least in terms of activity). Our data are also novel in the sense that they enable us to focus on new product launches. In addition, the fact that we have data from two different brand markets (frequently purchased consumer goods) with varying characteristics (e. . , more versus fewer new product launches) will help us determine if the relationship between market outcomes and new media as well as the relationship between new media and traditional media generalizes across product markets. Finally, the availability of the actual blog post text (for two categories) opens up the possibility to conduct a deeper text-mining analysis. VI-Managerial Implicati ons So far, we have discussed the findings purely from a statistical point of view. However, it may be useful to translate these findings in a manner that uantifies the effect sizes from a managerial point of view. We therefore ran two experiments – the first to get a sense of how managers could change resource allocation and the second to see how managers could use blog data to improve sales forecasts. In the first experiment, we use the estimates from the clothing market data. To illustrate short-term effects, in the experiment, we assumed there were only three periods, two in the pre-release and one in the post-release. Recall that blogging is outside the control of managers. We therefore used the marketing instrument under managerial control in our data set – traditional magazines advertising. In the experiment, we increased the Adstock by one percent in the first pre-release period. The output we measured was the percentage increase in the size of the daily volume sold in the post-release period. A ten percent increase in the Adstock results in a 3. 3 percent increase in the number of blogs at the second pre-release period. As a result of this increase in the Adstock, we find that the net increase in the sales volume is 2. 1 percent. A decomposition of this overall increase due to traditional media versus new media suggested that the increase in the Adstock directly enhances the sales by 0. 13 percent while the interaction between blogging and advertising increases the sales by 0. 1 percent. Furthermore, the largest and most significant increase in the sales volume at post-launch is led by the indirect impact from advertising via blogging activity, which accounts for 1. 9 percent. Similar experiment for the other product markets also support these findings with the overall effect being slightly smaller for shoes (0. 4%). In addition to simulating the short-term effects of advertising, we use a simulation setting similar to the above experiments and expand the time horizon from one period to ten periods. The largest indirect effect of the ten percent increase in Adstock decays slower than do the other two effects across two product categories. The peaks of the indirect effects are located at the third period for t he clothing and at the second period for the shoes. These are resulted from the larger estimates of the carry-over constants of Adstock and Blogstock at post-launch in the blog equations. In the second experiment, we hold out the last observation from each brand and re-estimated the model. We then use the model estimates for prediction and computed the difference in the predicted value and the actual data across all the held out observations. We do this for the full model and a restricted version of the full model where the response coefficients for the number of blogs and the cumulative number of blogs were set to zero. Thus, the difference in prediction (based on the Root Mean Square Deviation) between these two models shows the extent to which the use of blog data can improve sales forecasts. The improvement in RMSD is very high for shoes, and modest for clothing. VII-Conclusion, Limitations and Directions for Future Research This paper adds to the very limited, but rapidly growing field of research into the effectiveness of new media, especially in the case of new product launches. Using a unique dataset from two product markets (a major new media market), we are able to combine into a single source, data on market outcomes, traditional media (magazines advertising) and new media (volume and content of blogs). We used a simultaneous equation model to capture the effect of new media on market outcomes and the effect of market outcomes on new media. While this in itself is somewhat novel, we were also able to include the major marketing activity (mgazines advertising) in both equations, both directly and via interactions. Thus this allows us to investigate two open questions in this domain (a) whether new media (blogging activity in our case) leads to (differential) market outcomes and (b) whether traditional marketing actions (i. e. , magazines advertising) and new media act synergistically. We also make a first attempt, to the best of our knowledge, to use the content of the blog posts to shed â€Å"process† light on our econometric findings via a careful and methodical text mining analysis. Using data from clothing, and shoes brands, we find that patterns across the two categories showing clear linkages between traditional media, new media and market outcomes. In general, we find that cumulative blogs (Blogstock) are predictive of market outcomes, blogs and magazines advertising act synergistically, pre-launch advertising spurs blogging activity (that is predictive of marketing activity) but becomes less effective in inducing blogging activity post- launch and market outcomes also do have some effect on blogging activity. Our text mining results provide additional support for some of these findings. From a managerial point of view, in the experiment using clothing estimation results, we find that a one percent increase in the traditional marketing instrument (magazines advertising) leads to a median increase in market outcomes of 0. 2%, with a majority of the increase coming from the increase in blogging activity generated by the advertising pre-launch. Our analyses do also have a few limitations (driven mostly by the nature of the data). First, as noted earlier, the aggregate nature of our data makes it very hard to offer micro-level causal explanations of the effectiveness of new media and the synergistic relationship between new and traditional media. While our text mining analyses shed some light on our findings, it would be very beneficial to obtain datasets that link individual activity to market outcomes for a larger variety of new media. Second, our measures of new media are at present limited to blog content volume – and in two product markets, keywords and valence. ). Third, our model could be improved with the potential use of non-parametric models to model the effects of both old and new media and the associated interactions. Finally, our data do not contain information on all marketing instruments and hence we use proxies (such as lagged sales in the case of distribution). We hope that with better data, future research will be able to address these limitations.

Monday, March 9, 2020

Explain and critically discuss by reference Essays

Explain and critically discuss by reference Essays Explain and critically discuss by reference Essay Explain and critically discuss by reference Essay Explain and critically discourse by mention to the construct of builder s liability in carelessness, with full and appropriate treatment of instance jurisprudence, the intents and map of and practical justification for indirect guarantees in the building industry: The liability of a builder and their sub-contractors can be seen in regard to basic carelessness jurisprudence, the JCT and indirect guarantees with interested 3rd parties. This treatment will discourse the basic carelessness and contract rules under the JCT and how this applies to the builder, sub-contractors and the proprietor of the edifice. It will so concentrate on indirect guarantees and how these protect interested 3rd parties, in regard to carelessness and contract rules. The JCT has a double function in building and planning jurisprudence, the first to guarantee that sub-contractors do non mistreat the rights of the original contract between the building house and the proprietor of the belongings. The other function is to guarantee that the sub-contractor or contractor do non conflict the demands as set by the planning section, every bit good as planning and environmental ordinances. The undermentioned treatment will see the recent alterations in the JCT, every bit good as protecting the environmental and planning ordinances. One of the chief jobs when covering with sub-contractors is who is apt for defective work, the contractor or sub-contractor? In relation to the original contract between the proprietor of the belongings and the contractor the contractor is apt because they have employed the sub-contractor to make the specified work and if it is defective the owner’s contract is with the contractor and can non action a 3rd party, i.e. the sub-contractor. However the contractor will hold the ability to action the sub-contractor for defective work, as they have made a direct contract with the sub-contractor. However in relation to breaches of environmental or planning ordinances the path for departmental action is non so convoluted, because the planning and/or environmental sections can action the sub-contractor straight. The indirect guarantee, which has been strengthened with the protection of 3rd party to contract Torahs will exemplify a instance when the proprietor can be protected against the sub-contractor if this is signed between the two parties. This is because the collateral guarantee binds the sub-contractor to a party outside the contract. In add-on the contractor and sub-contractor can be bound to renters of the edifice, by indirect guarantees, if an interested 3rd party. Then the regulations of carelessness and contractual responsibilities are merely the same as between the contractor and the proprietor o f the edifice or in the instance of a sub-contractor and contractor. The footing of utilizing of a indirect guarantee to adhere 3rd parties in the edifice industry was with the determination of Woodar Investment Development Limited V Wimpey Construction UK Limited [ 1 ] , Lord Scarman stated that he hoped the instances which stand guard over this unfair regulation would be reviewed, where indirect guarantees were seen as valid contracts. Yet without this the 3rd party is non bound and it indicated the demand for legal reform, which occurred in 1999. In add-on action can be taken against the contractor for the actions of the sub-contractor because they employed them to execute the work ; therefore a causal nexus can be created to the direct breaches or negligent breaches of environmental or be aftering jurisprudence. The contracts between contractors and sub-contractors are regulated by the JCT, whereby specific signifiers and information, every bit good as mediation and actions are taken through this organic structure. The formation of this organic structure was to make a cohesive construction for traffics between contractors and sub-contractors. The instances that have been expeditiously been dealt with have included deceit [ 2 ] ; arbitration by an adept [ 3 ] ; contract disputes [ 4 ] ; 3rd party differences [ 5 ] ; environmental issues [ 6 ] ; amendss between the parties and 3rd parties [ 7 ] ; negligence [ 8 ] ; and the inquiring of a nexus between the contributory carelessness between contractors and sub-contractors. [ 9 ] In the instance associating contractor’s liability with sub-contractors it was found that it did non do concern sense to happen both parties liable merely those who had straight contributed to the leaks ( the sub-contractors ) these leaks caused considerable harm to the belongings every bit good as environmental harm. However because the individuals apt for the leak were sub-contractors and non employees therefore the contractor played no direct nexus to the harm caused. This makes really small sense because if the sub-contractors were direct employees so the contractor would be apt ; how different is this for a sub-contractor, because the contractor in world employs them? The undermentioned subdivision is traveling to see some recent developments in environmental jurisprudence, which ensures that all parties involved are someway apt for environmental harm, hence making a possible case in point in associating contractors to the sub-standard work of sub-contractors. However u nder traditional JCT jurisprudence a contractor would non be found apt for defects in a edifice unless physical hurt is evident and merely hold to transport out fixs to a point where the edifice is equal for its intended usage: A builder is non apt in civil wrong for the cost of rectifying defects in a edifice constructed by him if the defects do non present an at hand menace of physical hurt to the edifice s residents and the lone intent of the remedial plant is to render the edifice tantrum for its intended usage[ 10 ]. This seems to be the present tendency in English tribunals, nevertheless to supply a nexus from the liability of a sub-contractor to a contractor may turn out to be a spot excessively far for the English tribunals, particularly if there is no governing from the European tribunals because a batch of the consumer and occupier protection determinations have originated from Europe. However without the opinions coming from Europe there is the possibility that there will merely be enforcement for the sections of planning and the environment against the sub-contractor and non the contractor, which is the antonym for the proprietor of the edifice. The JCT creates comprehensive protection for the contractor, sub-contractor and proprietor of the belongings, but is less equipt to guarantee that all environmental and planning ordinances are adhered to. If there is a breach of planning and environmental ordinances, either by the contractor or sub-contractor the appropriate section has to acquire involved and the assorted countries of jurisprudence for action may do confusion whereby there is inefficient protection for the environment, dwellers and concerns of the community. Therefore this trumpeters that building, planning and environmental jurisprudence is non sufficient in its protection, hence either at that place needs to be a individual bureau covering with contractors and their possible breaches of different countries of jurisprudence. This seems to be the initial ground for the JCT but this seems to be focused on the contractual demands of the sub-contractor and contractor and breaches in the contract. The recent alterations in the JCT that have been made focal point on guaranting that the rights of the sub-contractor and contractor are upheld and there is no confusion in the contracts. This seems to be the focal point of the Major Project Form which outlines the responsibilities of the sub-contractor and contractor whereby: The JCT Major Project Form was launched last twelvemonth and prepared to react to the specific demands of those Employers who have in-house contractual processs and on a regular basis undertake major undertakings, and the Contractors with whom they work.The Sub-Contract reflects the format and attack of the Contract and anticipates that the Sub-Contractor will be likewise experienced in set abouting work on major undertakings and have the direction anvitamin D other resources necessary for the successful executing of this type of work.[ 11 ] The basic principles of contract jurisprudence hold that a contract is a adhering understanding between undertaking persons. The job with contract jurisprudence is when there are 3rd parties that could be affected as this means that perchance the contract is more than the understanding between the catching parties. Traditionally 3rd parties can non action against a contract ; nevertheless in the modern epoch when contracts are going wider this is non needfully the right method. An illustration is in consumer jurisprudence whereby an point is bought as a gift and because the individual having the point is non party to the contract the actions taken was limited. To counter this consumer protection Torahs were brought into drama, but this is non plenty because rental understandings or house gross revenues may besides impact 3rd parties. Therefore reform was necessary, which were cemented in theContracts ( Rights of Third Parties Act 1999 ( CRTPA ). The CRTPA 1999 appears to hold fulfilled the reforms and precautions of protecting involvement 3rd parties. In Section 1 ( 1 ) where purpose of confabulating a contract on a 3rd party is present or a term purports it is valid, which the footing of a indirect guarantee is. In Section 1 ( 2 ) it is held that if there is no original purpose so the contract will non be conferred on the 3rd party. In Section 1 ( 3 ) it is held that if the individual ( s ) is non identified by name, category, or description so no benefit can be conferred ; hence making the demand for there to be express purpose and designation of those 3rd parties that can action on the contract. The usage of the indirect guarantee holds those who have contracted to the edifice work to guarantee the safety and involvements of the 3rd party. This means that the sub-contractor may hold to subscribe a indirect guarantee with the proprietor and all renters, which means they are bound under the CRTPA 1999. It is possible to rea son that with the CRPTA that the collateral guarantee is no longer needed ; nevertheless there needs to a contractual indicant of including the 3rd party, which indicates that the collateral guarantee has merely been strengthened by the CRTPA 1999. Therefore with the JCT, CRPTA and the collateral warranty the 3rd party is protected if involvement is sufficient, which is of import for the liability between groups such as sub-contractor and proprietor of the edifice or builders and renters. Bibliography: J. Beatson, 1998,Anson’s Law of Contract ( 27ThursdayEdition ), Oxford, Oxford University Press Chappell, 2003,Understanding JCT Standard Building Contracts ( 7ThursdayEdition ), Taylor A ; Francis JCT,hypertext transfer protocol: //www.jctltd.co.uk JCT, 2004,The Sub-Contract for usage with the Major Project Form is published for JCT by RIBAE and is now available,hypertext transfer protocol: //www.jctltd.co.uk/stylesheet.asp? file=23032004120803 Lunney A ; Oliphant, 2000,Tort Law: Text A ; Materials, Oxford Uni Press J. Poole, 2000,Casebook on Contract ( 4ThursdayEdition ), London, Blackstone Prosser A ; Keeton, 1999,The jurisprudence of Tort 5ThursdayEdition, West Law Swarb, UK Law online,Construction,www.swarb.co.uk/lisc/construction Teubner G. ,Law as an Autopoietic System, ( 1993, Oxford, Blackwell ) Uff, J, 2002,Construction Law ( 8ThursdayEdition )London, Sweet A ; Maxwell Stephen Weatherill ( 2000 )Cases A ; Materials on EC Law ( 5ThursdayEd ), London, Blackstone Press

Saturday, February 22, 2020

International Crime Witness Assignment Example | Topics and Well Written Essays - 1000 words

International Crime Witness - Assignment Example The country follows a bicameral system in terms of political domain. The responsibilities of the central government and state are segregated apparently. The federal government controls the legal functions of the entire nations through legal policies and numerous regulations (Tatsachen, 2014). Germany is the largest among of the economies in the European Union (EU). A constant increase in GDP has been witnessed by the country in the recent past. It is considered as a global hub of business sector with special inclusion of the automobile sector. A considerable percentage of the employment is provided by the SMEs (Tatsachen, 2014). Regulations for the criminal act in Germany are deemed to be quite certain. However, with the passage of time, certain amendments have been brought in the legal structure, which has further provided systematic rules for contemplating the witnesses in crime scenes. As per Subsection 6 of the Criminal Code, a witness is seen as a contributor towards the preventer of any particular offence or crime. The regulation depicts that the primary responsibility of any witness is to stop crime voluntarily in the first place. The Criminal Code of Germany also depicts that crime witness needs to voluntarily depict his/her knowledge about the crime to the concerned authorities as early as possible so that proper measures can be taken. However, this particular aspect of the law is only limited towards witness of the criminal offence and not for any other legal scenario. Article 5 of the Principal Witness Act is also an important decree that specifically determines the process followed to deal with t he criminal witness. As per this particular code of the German criminal law, a witness should not intend to misguide the case with their information or else they might be liable to get imprisonment of 1 year (Hilger, n.d.). Criminal suspects in the US are liable to enjoy certain individual rights. As per the fifth amendment of the federal law of the US, all criminal defendants will have the right to get free trial along with certain rights relevant to search and seizure.     Ã‚