Analyzing Strengths and Weaknesses of Amazon Free Essays

Strengths Amazon has proven to be a successful and profitable organization in terms of growth, with a current net income in 2008 of 663 million dollars. The company uses Customer Relationship Management (CRM) and Information Technology to record customer buying habits, investing a lot of time and money researching customer trends. Doing this they are able to locate and prepare for sales estimated from previous years. We will write a custom essay sample on Analyzing Strengths and Weaknesses of Amazon or any similar topic only for you Order Now A high percentage of their customers buy during the holiday season; knowing this enables Amazon to offer different promotions and selling strategies tailored to meet the customers demand and needs. Amazon has a huge global brand and is listed as 130 on the Fortune 500 list. Amazon was one of the first companies in e-commerce; which has allowed them to hold a huge percentage of the market share. Amazon recently bought JOYO, Chin’s largest online retailer, creating an even bigger market share in China, but still left with room to grow. Amazon’s Inventory turnover rate is phenomenal, even in the current economy. They have been able to maintain a 34 day inventory to turn over, which equals out to over 10 times a year. This is beneficial, because it allows Amazon to adjust to seasonal products and different product trends, without large amounts of excess inventory. Adding to that; Amazon’s total debt has been decreasing year over to a low of $. 67 in 2008. This means that for every $1 Amazon has $. 7 in debt. This has been declining signaling company growth. Weaknesses Amazon has continually added new products and services to customers; and is known for their great customer service and quality products. Something for them to consider is, when adding new products or categories of products, they could damage its brand. In order to be competitive with other companies Amazon has to broaden the range of products, but cannot become a swap meet either. How to cite Analyzing Strengths and Weaknesses of Amazon, Papers

Business Level Strategy for Starbuck Company - myassignmenthelp

Question: Discuss about theBusiness Level Strategy for Starbuck Company. Answer: Introduction The majority of stores of Starbuck in Australia were closed due to the strategy of transformation undertaken by the company. This was made to bring revival in the performance of the company. The main focus of Starbucks entry in the Australian market is to meet the demand of the customers for premium coffee. The company started its business in Australia first and expanded its stores in other localities. The company owned stores were opened all across the country(Brook, 2016). The company faced issues due to lack of the customisation of product, process and for having no appropriate promotional strategy. The company could not assess the customers culture of Australia. The assignment focuses on the development of the new strategic plan for the company for the customers of Australia. Current Strategies of Starbuck for Australian market The current strategies of the company are to win all the segments of the market in Australia. The target of the company is very specific. The percentage of the coffee drinkers those who prefer to drink at home is 72%. Starbuck Company has grabbed only 72% of the sector. Out of the 72% of this category of coffee drinkers, 67% add creamer. The company may reach 7.3% of the coffee industry if the company only targets this particular segment(digitalsparkmarketing.com, 2017). The market study states that customers between the age group of 35-54 constitute 42% of the coffee market. For this segment of customers, coffee is the important consumption on the regular and daily basis. The customers demand the product and also prefer to pay high for the quality products. Thus it is important for the company to focus on this segment(Nielsen, 2012). The next important target group of the company is the students between the age group of 18 to 24. The research has also found that the consumption of coffee by the students has been grown to 10%. This segment has no intact brand loyalty(Brook, 2016). The company can increase market share by targeting this segment. The focus of the company is to win the market and become the market leader. Major issues faced Starbuck The case study 17 focuses on the major issues faced by Starbuck in order to remain successful in the market of Australia. The company has faced following major issues related to the survival of the company. These issues are: Can the company avoid issues due to economic recession in the future? How far has Starbuck been able to manage to avoid the previous mistakes conducted earlier that have brought a huge loss in Australia? Does the company face issues due to its global expansion plan and consumer packages good? Does it face problem due to tea counteract? Can Starbuck manage to compete with its competitors like McDonalds, Dunkin Donuts etc? How far the multiple stakeholders policy of Starbuck will help the company to avoid dilution from the succession of future leadership? Challenges to resolve by the company The above questions discussed in the case study shows that there are major issues faced by Starbuck in order to remain successful in the market of Australia. The research found the following points that are required to be taken care by the company. These important requirements are: The customers are inclined to the low price products instead of Starbucks products. The rising cost of labour the cost in the operation contribute to the degradation of the profits for the company. The company needs to compromise with the product quality in order to face challenges and to compete with the potential customers. The low price products are required to be supplied in order to target the customers of a particular segment. The company has also environmental issues. It requires resolving the issues in order to enjoy the trust of the customers. The people of Australia are loyal to their local brand and they do not prefer global brand The premium price charged by Starbucks is not accepted by the customers. Starbucks strategy available for Australian market The focus of Starbucks Corporation is to the customers of high class who prefer finest quality coffee. The natural ingredients are accepted and appreciated by this segment of the customers. The premium quality of coffee has attracted all segments of customers such as students, middle-aged customers etc. The companys focus on the target group with quality ingredients, quality service and taste create a brand image among the customers. The company has created brand loyal customers(Forte, 2011). The company has its own marketing strategies. The quality product of the company is promoted with the help of social media and print media. The company also offers quality products and services to the customers of Target Corporation loyal customers in its stores. Strategy suitable for the organisation The company has opened stores with a nautical theme. It follows the tradition of seafaring of the coffee traders. The company focuses on the significant loyal customer base. The focus of each caf is to concentrate on the customers of the limited areas. The company has another growth strategy that focuses on preferences of the customers. The company establishes shopping centres in the locations which are tourist hubs. The destinations are created in order to attract the customers to the stores of the company, relax there and to spend their time with their friends(Peppers Rogers, 2008). The customers can also spend some time quietly. The store of the company in Sydneys northern beaches shows the companys new strategy to open stores in prime tourists location(Gellis, 2001). The company has developed a policy of establishing more stores in Australia. This is meant to establish Starbuck as the successful coffee chain in the country. Recommendation for Starbuck for the marketing plan for Australia The company will plan to establish itself in the market of Australia with a successful action plan. The company will have the following goals for the future. Goals To increase the sale by 20%. Increasing the Gross profit by 20% To establish more stores in the prime locations of the country and in the tourist's hubs. Tobecome the market leader of the business in Australia Introduction the new promotional methods This has been found that the people of Australia are fond of using the products and services of their own country. The demand for the international products is not accepted in the context of coffee stores or coffee business. Thus Starbuck needs to make promotional strategies to attract the different segments of the customers. The word of mouths will be the right way to promote its business. The company will offer discounts to the students and young customers. This will help the company to gain the support of the customers(Brass, 2012). New Target market The study has found that there are different segments of the market for Starbuck in Australia. Each segment has its own perceptions. The coffee shops in the institutional areas will help the company to attract students. It can easily offer them quality products and services. The coffee stores near offices and administrative buildings will help the officials to get the facility. They can come and relax(Coulter Coulter, 2002). Strategy for getting competitive advantages This has been found that people of Australia are fond of the companies they are leading the local market. The local companies are offering coffee at a low price(Lynch, 2015). Customers are not interested in paying premium fees. Thus in order to compete with the local companies and other international companies, Starbuck requires offering discount and quality products and services. Innovation Starbuck knows that its re-entry in the Australian market needs something special attention. Thus it has to establish coffee stores in the prime locations. The tourists' place will be the most advantageous place. The tourists will get the quality coffee and also can stay for some period of time. Enhancing budget The company requires focusing on giving better facilities in comparison to its competitors. The coffee stores should be a very good place to spend some time(panmore.com, 2017). The visitors should stay for some time. Thus the company will increase its budget so that the ambience of the coffee shops will be good. Cost leadership approach Starbuck knows that in Australia it has failed earlier. In order to sustain in the Australian market, it has to employ some new marketing plan. Instead of charging the premium fee the company should low the price of the products. This will encourage the customers to avail the products and services of the company(research-methodology.net, 2017). Focus on the trained employees There is always a need of employing good employees in the organisation. This will help the company to manage the customers well. The trained employees will help the customers to avail the services and this will help the company to grow its business. Capacity of Starbuck to support the strategy The growth of the company shows with its revenue growth. The strategic synergy has been found all across the globe. The company with its diverse portfolio can deliver excellent results. The company has focused more on technology innovation(Gentile, 2012). The company has also focused on the reinvigorated organisation systems that are aligned with the growth strategy of the company. Conclusion The study shows that Starbuck will be successful in the market for its strategies. The company has to capture to market segments and make the customers feel the importance of its quality products. The company needs to promote its products and also requires to increase its budget to win the market. Bibliography Blocker, C. P., Flint, D. J., Myers, M. B., Slater, S. F. (2011). Proactive customer orientation and its role for creating customer value in global markets. Journal of the Academic of Marketing Science, 216-233. Brass. (2012). Information Technology impacts on Human Resource Management (4 ed.). Harlow Press. Brook, B. (2016, 09 30). Starbucks coffee is quietly expanding in Australia after humiliating retreat eight years ago. Retrieved from https://www.news.com.au/finance/business/retail/starbucks-coffee-is-quietly-expanding-in-australia-after-humiliating-retreat-eight-years-ago/news-story/b7f136c4d78f24aaa600a3822b1e31b4 Coulter, S., Coulter, R. (2002). Determinants of trust in a service provider: the moderating role of length of relationship. Journal of service marketing, 35-50. digitalsparkmarketing.com. (2017, 04 10). Starbucks Marketing ... 9 Ways They Employ Social Media Innovation. Retrieved from https://digitalsparkmarketing.com/starbucks-marketing/ Forte, J. (2011). 4 Ways Employees Can Add Value, Every Day. Retrieved 07 31, 2017, from mindflash.com: https://www.mindflash.com.blog/2011/07/4-ways-employees-can-add-value-evry-day Gellis, Z. D. (2001). Social work perceptions of transformational and transactional leadership in health care. Social Work Research, vol.25. no. 1, 17-25. Gentile, M. C. (2012). Values-driven leadership development: Where we have been and where we could could go. Organisation management Journal, 188-196. Heracleous, L. (2007). Strategy and Organization: Realizing Strategic Management. Retrieved 09 25, 2017, from books.google.co.in: https://books.google.co.in/books?isbn=0521011949 Hughes, M., Wearing, M. (2007). Organsiations and Management in Socila Work. Los Angels: sage. Luu, V. T., Kim, S. Y., Huynh, T. A. (2008). Improving project management performance of large contractors using. International Journal of Project Management,, 256(7), 758-769. Lynch, R. L. (2015). Strategic management. Harlow: Pearson Education. Nielsen, K. (2012, 05 03). The importance of employee participation and perceptions of changes .. Retrieved 09 25, 2017, from https://www.ncbi.nlm.nih.gov NCBI Literature PubMed Central (PMC) panmore.com. (2017, 01 31). Starbucks Coffee's Marketing Mix (4Ps) Analysis - Panmore Institute. Retrieved from panmore.com/starbucks-coffee-marketing-mix-4ps-analysis Peppers, D., Rogers, M. (2008). Managing Customer Relationships: A Strategic Framework. John Wiley Sons Inc: New York. research-methodology.net. (2017, 04 02). Starbucks Marketing Strategy Communicating the message of ... Retrieved from https://research-methodology.net/starbucks-marketing-strategy-3/ Warner, A. (2010). Strategic analysis and choice. Nw York: Business Expert Press.

Upcoming Contribution And Leasing Standards †Myassignmenthelp.Com

Question: Discuss About The Upcoming Contribution And Leasing Standards? Answer: Introduction Lease is a special contract or agreement in which the lessees has to pay the lessor for the use of his/her assets for a specific period of time. Thus, it can be seen that leases are an important aspect in accounting. In lease agreements, the assets have to be tangible in nature. The Australian Accounting Standard Board (AASB) provides some specific guidelines regarding the recognition and measurement of leases in the business organizations and the companies need to comply with these regulations. The main aim of this report is to analyse and evaluate the various aspects regarding lease agreements in the companies. AASB Lease Recognition Criteria There are two types of leases; they are Financial Lease and Operating Lease. AASB has different recognition criteria for both the leases. They are discussed in the following section: Financial Leases: At the date of the commencement of the financial year, the lessor needs to use the implicit rate of interest in the leases for the measurement of net investments. In case, it is not possible for the lessor to determine the implicit rate of interest, it is required for the lessor to use discounted rate for the heading of sublease (gov.au 2017). At the time of measuring the total amount invested in the financial leases of the company, the lessor needs to include initial direct costs other than the manufacturing costs. In addition, the lessor needs to reduce the recognition of the amount of income. The implicit rate of interest in financial leases includes the initial costs of the new lease investments. The lessor needs to recognise the total amount of investments in financial leases based on the pattern reflecting a constant periodical rate of return of the net investments of the lessor (gov.au 2017). Operating leases The lessor needs to recognize the payments from operating leases, as income and it needs to be done based on either straight line or another systematic basis (gov.au 2017). At the time of the recognition of operating leases, the lessor needs to recognize various costs that include depreciation at the time of earning from leases. The lessor needs to add the initial direct costs of the leases at the time of leases recognition (gov.au 2017). The lessor needs to present the details about all the operating leases in the financial statements at the end of the financial years. Difference between Operating and Financial Leases Operating Lease Financial Lease The risks ands and rewards of asset ownership remain with the lessor (Brealey et al. 2012). The risk and rewards related to the ownership transfer to the lessee. Operating lease needs to be treated as rents and there is no need to show it in the balance sheet. Financial leases need to be treated like loans and thus, it appears in the balance sheet. There is not any purchase option of the asset in the lease period. Financial leases have the purchase option in the lease period. No running costs of the assets need to be borne(Grinblatt and Titman 2016). Running costs need to be borne and it is higher. The lessor cannot claim any amount for depreciation. The lessor can claim the amount interests as well as depreciation. The lessee has to pay only the monthly lease payments. The lessee has to pay tax, maintained and insurance expenses (Vernimmen et al. 2014). Example As per the 2017 annual report of CSL Limited, on 30 June 2017, it can be seen that the company has reported $3.1 million and $2.5 million in 2017 and 2016 respectively as current lease liabilities; and $22.3 million each for 2016 and 2017 as non-current liabilities. As per the earlier discussion, leases under current liabilities are operating leases; and leased under non-current liabilities are considered as financial leases. Thus, from the above discussion, it can be seen that CSL Limited reported both financial as well as operating leases in 2017 (csl.com.au 2017). Implications The new AASB 16 standards help the business organizations in the proper reporting of various financial aspects like leases of assets, liabilities, debts, assets, debt agreements, profits and expenses (kpmg.com 2017). Previously, the accountants of the companies had to face many difficulties in the recognition of leases, expenses, profits and others. However, with the help of new AASB 16 standards, the accountants have become able to maintain proper disclosure of financial aspects. In case of CSL Limited, it can be seen that the company has been able to segregate the amount of operating lease and financial lease in the most appropriate manner. Apart from the leases, in case of the recognition of expenses and debts, the company has adopted the strategy of fair value in which the market value of the assets and loans has been taken into consideration (csl.com.au 2017). Thus, from the above discussion, it can be seen that the new AASB 16 framework has overall effective effect on the finan cial reports of CSL Limited. Conclusion From the above discussion, it can be seen that there are two kinds of leases; they are Financial Lease and Operating Lease. For both these two types of leases, AASB 16has different recognition criteria. In addition, the above discussion shows that in financial lease, ownership does not transfer. However, in operating lease, there is not any transfer of ownership. From the financial report of CSL Limited 2017, it can be seen that the company has shown their operating as well as financial leases on a separate basis and this new AASB 16 standard has overall good implication on the companys financial statements. References Aasb.gov.au. (2017).Accounting standards. [online] Available at: https://www.aasb.gov.au/Pronouncements/Current-standards.aspx [Accessed 22 Sep. 2017]. aasb.gov.au. (2017).Definition and Recognition of the Elements of Financial Statements. [online] Available at: https://www.aasb.gov.au/admin/file/content102/c3/SAC4_3-95.pdf [Accessed 22 Sep. 2017]. aasb.gov.au. (2017).Leases. [online] Available at: https://www.aasb.gov.au/admin/file/content105/c9/AASB16_02-16.pdf [Accessed 22 Sep. 2017]. Brealey, R.A., Myers, S.C., Allen, F. and Mohanty, P., 2012.Principles of corporate finance. Tata McGraw-Hill Education. csl.com.au. (2017).Annual Report 2016/2017. [online] Available at: https://www.csl.com.au/docs/802/1/CSL_AR17%20(secured),0.pdf [Accessed 22 Sep. 2017]. Grinblatt, M. and Titman, S., 2016.Financial markets corporate strategy. KPMG. (2017).Impact of AASB 16: the new Leases standard. [online] Available at: https://home.kpmg.com/au/en/home/insights/2017/04/aasb-16-leases-standard.html [Accessed 22 Sep. 2017]. Vernimmen, P., Quiry, P., Dallocchio, M., Le Fur, Y. and Salvi, A., 2014.Corporate finance: theory and practice. John Wiley Sons. Dakis, G.S., 2016. Upcoming changes to contribution and leasing standards. Governance Directions, 68(2), p.99.

The Diagnosis and Treatment of Obsessive

The Diagnosis and Treatment of Obsessive-Compulsiv Essay OCDe DisorderThere are many factors to consider in the evaluation and treatment of Obsessive-compulsive disorder (OCD). This paper will discuss the strategies that have proven most effective in treating the disorder, including: drug therapy, cognitive therapy, and family-based therapy. It will focus on the benefits of flexibility, emphasizing combination therapy, especially with cognitive-behavioral therapy (CBT). Obsessive-compulsive disorder (OCD) has become an increasingly familiar disorder within the world of health and medicine. The recurring obsessions and compulsions associated with the disorder seem quite easy to identify, yet the acknowledgement of OCD in children had been overlooked for quite some time. Many people believe that children have no reason to develop depression or anxiety disorder such as OCD (Wiznitzer, 2003). Diagnoses and treatment of OCD patients has only recently shifted from adults to children. Some of the most important questions facing psychologists studying OCD today are how to determine which children suffer from OCD and what treatments most effectively reduce or eliminate their symptoms. Researchers have offered that by applying some of the information learned from treating adults, our understanding of the disorder in children may improve immensely. We will write a custom essay on The Diagnosis and Treatment of Obsessive-Compulsiv specifically for you for only $16.38 $13.9/page Order now With the majority of psychologists agreeing with this proposal, OCD has gained a large amount of attention in the last couple of decades. Recent studies have estimated that the condition is 2 to 20 times more common than previously thought and has been the catalyst for research activity in the area (Waters, 2000). Though this heightened attention is good news for suffering children, it has not been as helpful as originally expected. A number of unnecessary drug-based therapies have been implemented in an attempt to meet the increasing demand of OCD treatment. Many of these drugs have proved successful in treating anxiety disorders; however, many OCD cases require more complex treatments. Many could benefit from several alternative forms of OCD treatment, such as family oriented treatments and cognitive-behavioral therapy. Unfortunately, the advantages of combining these methods with drug therapy have nearly been overlooked in the scramble for easy answers. Cognitive-behavioral therap y (CBT) has emerged as a safe, viable, and efficient treatment for OCD among children and adolescents (Wagner, 2000). One specific form of CBT that has proven to be quite successful is exposure plus response prevention (ERP). In this method, patients are guided into conscious confrontation with the objects and situations that serve as the triggers of their obsessive fears. Following exposure, patients are taught how to abstain from the obsessive habits that they have constructed to relieve their anxieties. This treatment is quite similar to conditioning in that the response prevention immediately follows the exposure, maximizing the reinforcement effectiveness of the therapy. The idea behind this treatment is that repeated exposure to the anxiety-producing stimulus leads to the patients habituation and progression in overcoming the disorder. Additionally, the realization that obsessive fears do not materialize during ERP appears to reduce the potency of the obsessions (Wagner, 2000) . The second form of CBT that has proven to be successful is the RIDE theory. In this theory, encounters and enactments of OCD symptoms are broken down into four different stages: R, I, D, and E. In the R stage, individuals are taught to recognize OCD thoughts as impractical to the childs normal being. By doing this they could realize their urges and take the necessary steps in dismissing them from their consciousness. Once they have done this they are taught the I stage. In this stage they must insist that they are in fact in control of their behavior. This assertion puts them in the drivers seat where they determine what actions will be taken next. The third stage is the D stage. This is the stage where the actual change of behavior takes place. Children learn to defy OCD, resisting their urges by doing the exact opposite of what they feel. The fourth and final stage of the RIDE theory is the E stage. When the child has learned to successfully complete the first three stages, they ar e taught to enjoy and celebrate their success. By recognizing, insisting, and defying their unusual urges, children have learned to overcome OCD and should be able to appreciate their hard-deserved success. .ua53365449fd915c4dc98d1a41ebc6fce , .ua53365449fd915c4dc98d1a41ebc6fce .postImageUrl , .ua53365449fd915c4dc98d1a41ebc6fce .centered-text-area { min-height: 80px; position: relative; } .ua53365449fd915c4dc98d1a41ebc6fce , .ua53365449fd915c4dc98d1a41ebc6fce:hover , .ua53365449fd915c4dc98d1a41ebc6fce:visited , .ua53365449fd915c4dc98d1a41ebc6fce:active { border:0!important; } .ua53365449fd915c4dc98d1a41ebc6fce .clearfix:after { content: ""; display: table; clear: both; } .ua53365449fd915c4dc98d1a41ebc6fce { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ua53365449fd915c4dc98d1a41ebc6fce:active , .ua53365449fd915c4dc98d1a41ebc6fce:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ua53365449fd915c4dc98d1a41ebc6fce .centered-text-area { width: 100%; position: relative ; } .ua53365449fd915c4dc98d1a41ebc6fce .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ua53365449fd915c4dc98d1a41ebc6fce .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ua53365449fd915c4dc98d1a41ebc6fce .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ua53365449fd915c4dc98d1a41ebc6fce:hover .ctaButton { background-color: #34495E!important; } .ua53365449fd915c4dc98d1a41ebc6fce .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ua53365449fd915c4dc98d1a41ebc6fce .ua53365449fd915c4dc98d1a41ebc6fce-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ua53365449fd915c4dc98d1a41ebc6fce:after { content: ""; display: block; clear: both; } READ: The Explosion EssayThough both the ERP and RIDE methods have proven successful, their effectiveness is both limited and varying. The unfortunate truth is that many children do not benefit from these strategies and many others diagnosed with OCD do not receive CBT at all. A variety of reasons have been offered in explanation to this, the most common being simply that there are not a sufficient amount of clinicians who are trained in managing the challenges expected in this type of treatment. The second is that the disorder itself can be difficult to detect and diagnose in the first place. Many children reason that they either have to or are uncertain why they perform some o f their actions, which has lead others to believe that the obsessive behavior is willful. Although this does pull treatment potential back, it is important to take full advantage of the resources available right now. Among these available resources is the role of the family in childhood obsessive-compulsive disorder. A large percent (67%) of adults suffering from OCD have reported signs of symptoms extending well into childhood memories. One groups of researchers state that OCD is a common childhood onset psychiatric condition (Steinberger, 2002). This information hints that the family may play a critical role in the development and treatment of OCD, both genetically and cognitively. Research on the subject has yielded inconsistent results, but on average, 20% of parents of children with OCD are also diagnosed with the disorder. Cognitively, psychosocial factors have also been acknowledged as important. Although the exact factors are still being investigated, many have already been found. These factors range widely in their influence including high expressed emotion, overprotection, lack of warmth, avoidance, caution, and fearfulness. Each factor is relative self explanatory, though the direct correlation of each with the disorder differs slightly. While in some instances the cause for each factor can be negative, most cases are related in an indirect from. The most common are a result from a feeling of helplessness, generally resulting from a failure to successfully support the family member with OCD in previous situations, or some sort of confusion in actions that were originally made with good intention. For example, a common misconception of people is to accommodate the OCD behavior when in fact, it is widely recognized that accommodation of the OCD behavior through assistance with rituals, giving reassurance, and facilitating avoidance of feared stimuli serves to reinforce and maintain the symptoms (Waters, 2000). There are many different strategies to consider when treating OCD. It is important to realize that OCD varies in type and severity, so treatment will vary in their effectiveness. Whatever is tried, it is important to urge flexibility, as a combination of drug and behavioral treatment may be needed (Rapoport, 2000). Recent studies such as the ERP and RIDE approve and recommend CBT in treating OCD. They also emphasize the importance of flexibility in successfully treating the disorder. Many cases may benefit best from a combination of drug and behavioral treatment. BibliographyRapoport, J., ; Inoff-Germain, G. (2000). Treatment of obsessive-compulsive disorder in children and adolescents. Journal of Child Psychology ; Psychiatry, 41(4), 419-431. Steinberger, K. (2002). Classification of OCD in children and adolescence. Acta Psychiatrica Scandinavic, 106(2), 97-102. Wagner, A. (2003). CBT for Children and adolescents with OCD. Brief Treatment and Crisis Intervention. 3(3). 291-306. Waters, T., ; Barret, P. (2000). The role of the family in childhood obsessive-compulsive disorder. Clinical Child ; Family Psychology Review, 3(3), 173-184. Wiznitzer, M. (2003). Why do psychiatric drug research in children? Lancet, 361(9364). 1147-1148.

Aspects of Contract and Negligence for Business

Aspects of Contract and Negligence for Business Requirements for the formation of a valid contract A contract can be defined as a lawfully binding agreement between two parties. It has consequences on either party. Therefore, as discussed below, a contract has to contain some basic elements that should be used to define it.Advertising We will write a custom report sample on Aspects of Contract and Negligence for Business specifically for you for only $16.05 $11/page Learn More An Offer There should be an offer by the first party to invite the second party into the contract for negotiations purposes. An ascent to the same by the second party will lead to the contract coming into being and becoming legally binding. An offer can be described as an expression of willingness to contract on certain terms (Jalil 2011, p. 110). The offer is usually made to the second party with an intention that it will become binding when accepted. When an offer is declined, it extinguishes the idea of the probable contract. The refore, one cannot be held to account for it. Acceptance The second element of a contract that is very important is the acceptance bit, which should be done within the terms of the contract. A party to the contract will be assumed to have understood the terms of the contract when he or she enters agreement consent to the same (Jalil 2011, p. 110). One is legally bound by a contract once he or she accepts it. He or she has the duty to make sure that he or she understands the terms of the contract before accepting it. Breach of contract after acceptance might lead to legal consequences. Legal purpose/ Objective There must be an intention for the two parties to create a legal relationship between them with the contract. An absence of legal intent will render the contract null and void because social agreements between parties or agreements of a domestic nature are not regarded as legally binding because they do not contemplate legal relations (Jalil 2011, p. 111) as in the case of Balf our vs. Balfour (1919). Mutuality of Obligation Mutuality of obligation can be described in other words as the meeting of minds. In fact, â€Å"parties in the contract must agree to the same thing in terms of the drawn contract, and at the same time† (Jalil 2011, p. 111). Mutuality of obligation can only be achieved when the contract is still on offer. Once the offer has been withdrawn, it cannot happen.Advertising Looking for report on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Lawful Consideration Lawful consideration is an element of the contract that represents either a benefit to the promisor or detriment to the promise (Jalil 2011, p. 112). It denotes the price offered in exchange for a promise, otherwise known as quid pro-quo. Competent Parties A contract can only be made between two legally competent parties (Jalil 2011, p. 112). Therefore, a contract can only be made between people of legal age and sound mind. How the law approach the issues of consideration, intention to create legal relations, and the capacity to contract According to the law, a contract becomes legally binding once the promisee accepts and signs it. The promisee is believed to have read the details of the contract, or is supposed to have read the details of the contract before appending a signature on the same (Jalil 2011, p. 110). In the above scenario, Al has advertised the goods he has on offer to potential buyers thus inviting them to contract. A negotiation occurs between the Al and Bash cars where an agreement is reached through the mode of communication adopted by the two. In this case, an agreement was ostensibly reached when Bash cars wrote back to Al to accept the offer thus providing a green light for Al to deliver the goods, which he did as per the contract. According to the law, several reasons can lead to a contract being voidable, with no party bearing liability. According to Jalil (2 011), under the issue of consideration in a contract, there is either a benefit to the party offering the contract or detriment to the second party concerning the contract (p. 115). In the above case, Al has done his duty to communicate to Bash cars about the final price he is offering. It is the duty of Bash cars to read the communication properly before accenting to it. Therefore, the mistake not to read the reply letter properly from Al is placed on Bash cars because their own negligence made them fail to see the price in the letter. The assumption that the price is 45 pounds is solely made by Bash cars and that they have no reason to back up their assumption. According to the contract law, an objective inference should be made when coming up with a contract in that, when a third party looks at the same contract, they should come up with a conclusion that the contract is meant to achieve (Jalil 2011, p. 113). The mistake in this case is unilateral. It cannot render the contract v oid.Advertising We will write a custom report sample on Aspects of Contract and Negligence for Business specifically for you for only $16.05 $11/page Learn More Therefore, Bash cars plc should be responsible for the fault and that it should bear the consequences as in the case of Storer v Manchester City Council (1974). The law provides for an intention to create legal relations by setting up conditions for the same. The two parties must be ready to enter a legally binding contract for it to become legal. The key problems associated with exclusion clauses and their incorporation into a contract Exclusion clauses in contracts are usually meant to exclude a certain party to the contract from certain events that might happen within the execution of the contract, which the party might be held liable for them in normal circumstances (Maharaj 2012, p. 636). Exclusion clauses are usually made by parties contracted to carry out certain services on behalf of clients . Such services usually have certain risks. It is therefore meant to protect the contractor from carrying the costs that might arise from the risk. Exclusion contracts are governed by the Unfair Contract Terms Act of 1977 and the Unfair Terms in Consumer Contracts Regulations Act of 1999 (Jalil 2011, p. 119). Exclusion clauses become valid as long as they meet several conditions. Firstly, they must have been properly included in the contract and that they do not contravene any law. Some key problems associated with exclusion clauses are evident. For instance, some exclusion clauses are vague. In many instances, exclusion clauses have been vaguely worded in that the reader of the clause might not tell exactly what the scope of the clause is all about. This step is usually accomplished by the drafter of the clause as a way of giving it a wide range in the case of liabilities (Maharaj 2011, p. 636). On the other hand, it confuses the client because he or she will not be in a good posit ion to tell what liabilities the contractor should carry and/or what the client should carry. Invisibility of the clause is yet another problem. Many exclusion clauses are not directly visible to the client taking the service. They are usually not noticeable in the wording of the contract. They can appear at the bottom of the contract, written in very small fonts, or be placed behind the document where many people might not bother to find out (Maharaj 2011, p. 636). Many contractors who might not want to jeopardise their chances of securing the work at hand therefore use this case as a secret weapon. It therefore needs a client to be very careful when reading and signing the contract.Advertising Looking for report on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More How the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contract Regulations 1999 ensure that exclusion clauses are fair and reasonable.  The unfair Contract Act 1977 and the Unfair Terms in Consumer Contracting Regulations 1999 were put in place to regulate the creation, use, and interpretation of the exclusion clause with the sole purpose of protecting the consumer. The two Acts made it easy for judges to make interpretations of exclusion clauses by eliminating ambiguities in the wording as in the case of Houghton v. Trafalgar Inso Co Ltd. 1954. The Acts were meant to protect weaker parties in the contract because the consumers were in most cases disadvantaged by the clause (Maharaj 2011, p. 640). The fact that the clauses were part of the contract regardless of how they have been placed on the document meant that only the drafters of the clause and those who are keen enough would be aware of it thus catching many people unaware of their presence. The Acts regula ted the use of the clauses in that the drafters of the clauses had to meet certain conditions or otherwise the clause would become void (Maharaj 2011, p. 638). The clause in this case has to be introduced to clients’ attention before the signing of the contract, or has to be placed in a very visible place for customers to read before they enter an unwritten contract. The two Acts gave courts the power to nullify any exclusion clauses if they found them unreasonable. This provision usually happens when the terms of the exclusion clause are in conflict with other terms of the contract thus rendering the clause void concerning the repugnancy rule as evident in the case of Mendelson v. Normand 1970. Therefore, all repugnant cases are deemed unreasonable. They can therefore not stand as legal clauses. In the end, they are voidable by the law. Will Move It Ltd be able to rely on this exclusion clause? Move It will not be able to rely on this exclusion clause because it does not mee t the legal requirements for exclusion clauses as per the 1977 Act as well as the 1999 Act. In the first place, clients should be informed about the exclusion clause before they sign the contract so that they are fully aware of the contract they are signing (Maharaj 2011, p. 638). To this effect, Move It failed to notify Cool It of the clause. It can be assumed as well that Cool It was not aware of the clause while entering the contract. Thus, it cannot be held liable by the exclusion clause. Under the nature of the document test, the document does not qualify as a contract document because its original aim is different from the purpose it is being used on by inserting the exclusion clause. The document that the manager was given with the exclusion note was the consignment note, which cannot be deemed as the contract document for the particular work when objectively tested as revealed in the case of Chapleton v. Barry Urban District Council. On the other hand, the notice of the clau se must be made aware to customers before they enter the contract, and not after entering the contract (Maharaj 2011, p. 638). In this case, the clause is believed to have been entered after the entering of the contract because, even if the consignment note is decided to become the contract document, the clause should be on the face of the page where the customer signs. This exclusion clause by Move It is found behind the face of the document where the contract has been signed. A duty of care exists A duty of care in this case can be described as the necessary steps that should be taken in a place to prevent the occurrence of an accident. A duty of care comes in the form or rules, structures, and steps that have been put in place to prevent any probable accident from happening (Gray 2011, p. 68). A duty of care’s responsibility falls within the ambits of authority in charge of a particular facility that is being used by people. Thus, the authority has the duty of putting up m easures that would ensure the facility is running according to the law concerning safety measures. Was a Duty of Care was breached In proving that a duty of care was breached, claimants have to prove that they did not act negligently for the occurrence to happen. They also have to show that they were within the rules and regulations of the given facility during the happening of the accident thus blaming it on authorities owning the facility (Tan 2012, p. 93). In proving that a breach of care was breached, the claimant has to refer to what the law provides for in terms of how the facility should be managed, and what rules the facility has put in place to secure its clients from injury. The Damage is Both Direct and Foreseeable A claimant should be in a position to prove that the damage is both direct and foreseeable. In this case, an occurrence of a certain event should be linked directly as the cause to a damage that might have occurred by showing successive events that led to the o ccurrence (Burns 2011, p. 658). On the other hand, the damage can be deemed foreseeable if certain acts of negligence will lead to an accident. Thus, failure to take reasonable steps is what should be attributed to the accident as in the case of Hughes v. Lord Advocate 1963.  Under the rule of vicarious liability, employers are legally responsible for commissions and omissions of their employees, regardless of whether the employees were acting under instructions or on their own (Tan 2012, p. 93). Vicarious liability can also be referred to as an imputed negligence, since a liability can be assigned to an individual who did not cause a certain injury, but by virtue of the individual being related to the person who caused it in a given way. The employer under this case is burdened with the liability because it is assumed that the employee is the agent of the employer and that he or she was working in the interests of the employer when the accident happened. Tan (2012) states that vi carious liability goes beyond employer-employee relations. It can also be applied in the case of a car accident when the liability is put on the owner of the car even if the proprietor of the car was not in it when the accident occurred (p. 94). In deciding whether the blame should be shifted from the employee to the employer, the court has to establish the following facts. The court has to establish whether a tort has been committed. In doing this, court will be establishing grounds for the case because the establishment of the tort will be the basis for the case (Gray 2011, p. 69). Secondly, the court has to establish if the cause of the tort is due to the employee because only when the mistake is attributed to the employee is when the tort can qualify for a vicarious negligent consideration. Thirdly, the court has to determine if the tort was caused by the employee in the act of employment and specifically during his or her scope of work. An employee’s mistake away from du ty cannot be laid on to the employer. How the legal relationship between the parties in tort differs from the relationship in contract law The difference in parties in a tort law and those in a contract law is not usually very distinct although the two laws have different tenets. In a tort law, it focuses on the foreseeable ability of an event happening (Burns 2011, p. 658). In this case, one party should have been in a position to foresee the event happening. Thus, he or she should have taken an action to stop it from happening. Failure to do this can be described as negligence to which the negligent party is liable to pay an amount as determined by the court. The legal relationship between two parties under a tort law comes into existence after an event that leads to some form of damage occurs (Burns 2011, p. 658). The court then has to determine if it is a tort or not before the damage can be computed or not. On the other hand, a contract is entered between parties once the value of the goods or services has been determined. A contract legally binds two parties once they have signed it. It is meant to secure the party’s interests in case there are losses coming out of breach of the contract (Jalil 2011, p. 110). Whereas a contract is binding only to the parties signing it, a tort can become binding to parties who are not directly related to it, but who can be held responsible under the law. The tort law is legally hinged on negligence on one party, which leads to the damage of another party while the contract law is hinged on the failure of a party to the contract to meet their obligation.  Applying the rules on both negligence and vicarious liability to consider whether Sheila and Karen would be able to claim for the injury and damage. Under the rules of negligence and vicarious liability, employers are held liable for the negligent acts of their employees as long as the acts happen in the employees’ cause of duty (Tan 2012, p. 96). In the first case, Manjit is regarded as an employee of Hurryhaste and hence an agent for Hurryhaste. He is therefore covered by the vicarious liability rule. Though Manjit is a casual worker with the company, it does not disqualify him from being regarded as an employee by the company. Therefore, he is regarded as one. The accident occurred during Manjit’s cause of duty hence perfectly fitting in the vicarious liability bracket. On the other hand, Karen has no contributory fault to the accident because she had parked her car properly. During Manjit’s negligent driving, her car was hit. Karen therefore qualifies for compensation from Hurryhaste who is the employer of Manjit in this case. Hurryhaste should pay Karen. If it so wishes, it can surcharge Manjit for his negligent acts. On the other hand, Dave was within his employment duties when he hit Sheila’s car because the accident happened when he was coming from making a delivery. To this extent, he had to make his wa y back from the point of delivery. He is thus deemed to be within his duties. The basis of vicarious liability is simply to shift the liability of an employee to the employer. In this case, the liability shifts from Dave to Hurryhaste (Tan 2012, p. 96). Although Dave is seen to have breached certain rules with regard to using the vehicle improperly, it does not take away Sheila’s right to be compensated by Hurryhaste because her fault did not lead to the accident. Although Sheila did not have her seat belt on when the accident occurred, the blame for the accident does not fall on her. At the same time, it is not the purpose of vicarious liability to prove that she was not having her belt on at the time of the accident. In the case of Dave, as the statement goes, he has been highlighted as having been the one on the wrong. One element of the tort law is to establish if there was negligence on the part of an individual party in a case and the predictability of the same (Gray 20 11 p. 70). In the case of Dave, he was aware of traffic rules, which are to guide him in his driving. However, due to his negligence, he failed to observe traffic rules thus leading to the accident. The law is meant to prove that the person lacked reasonable care hence leading to a likelihood that the person’s negligent acts would lead to harm (Burns 2011, p. 665). Therefore, according to the rules of negligence and vicarious liability, Sheila and Karen should claim for injury and damage because, were it not have been for the carelessness of Dave and Manjit, the accident would not have happened. Their failure to observe rules and caution while driving was the sole reason for the accident’s happening. If Dave’s daughter had been injured in the accident, chances are that the law on vicarious liability would still have applied because the van was not supposed to carry unauthorised passengers under traffic law. Dave’s daughter was one. Therefore, Dave’ s daughter as an individual party could claim for damages because Hurryhaste’s agent would have injured her due to negligence (Tan 2012, p. 96). This case though would become complicated because Dave would be required by the company to reimburse it the expenses. On the other hand, the argument that might arise about Manjit’s employment status might be if a casual employee is regarded by the terms of the vicarious liability. By virtue of Manjit being a casual employee, it qualifies him to become an agent for Hurryhaste because he does duties on its behalf (Gray 2011, p. 69). Vicarious liability does not define an employee’s status, but simply addresses any person working as an agent for the employer. Negligence on the part of an agent is what leads to a tort. The claimant does not have the duty to find out the employment status of the offender before he or she can lay claim for damages that have occurred. On the other hand, breach of working rules does not affect the claimant’s pursuit of compensation because it is not within his or her jurisdiction to determine whether the offenders were following rules when they caused the accidents. Therefore, Sheila and Karen are legally in order to claim compensation for both injury and damage from Hurryhusttle. References Burns, J 2011, ‘Respondeat Superior as an Affirmative Defence: How Employers Immunise themselves from direct Negligence Claims’, Mitchigan Law Review, vol. 109 no. 4, pp. 657-681. Gray, A 2011, ‘Why Vicarious Liability Must be Abandoned’, Australian Business Law Review, vol. 39 no. 2, pp. 67-84. Jalil, M 2011, ‘Clarification of Rules of Acceptance in Making Business Contracts’, Journal of Politics Law, vol. 4 no. 1, pp. 109-122. Maharaj, K 2012, ‘Limits on the Operation of Exclusion Clauses’, Alberta Law Review, vol. 49 no. 3, pp. 635-654. Tan, C 2012, ‘Authority, Vicarious Liability and Misrepresentation’, Sing apore Journal of Legal Studies, vol. 1 no. 1, pp. 92-111.

Is employment the solution to end child poverty Essay

Is employment the solution to end child poverty - Essay Example In essence, poverty is judged in relation with society. This means that even though someone is earning enough money to provide for his basic needs, he would still be poor, if his income falls short of what the society around him is earning. (Galbraith, 1998) The instruments to judge poverty are as widely differing as the debate on the definition of poverty itself. Where some people measure poverty according to the household income, others measure poverty by understanding the concept of depravity and the basic needs lacking in any person’s life. In Britain since the year 1999, the government has been measuring poverty using a criterion of sixty per cent of the existing average income level adjusted according to the size of the household. Studies about poverty suggest that the population demographic is hit by poverty across different age-groups, ethnicities and nationalities. Where some individuals feel that poverty is experienced by those who are involved in double-crossing either the state or the society, other believe that the concept of a ‘welfare-state’ is what breeds poverty among masses. Such critics are of the view that the idea of welfare-state itself is responsible for higher rates of poverty; when individuals are aware that they will be able to obtain a decent amount of the basic necessities that they require, even if they do not work, such individuals might be tempted to stop working and rely on the state instead. â€Å"The persistence of child poverty in rich countries undermines both equality of opportunity and commonality of values. It therefore confronts the industrialized world with a test both of its ideals and of its capacity to resolve many of its most intractable social problems.† (Centre, 2000) The key findings of the Innocenti Report Card show how child poverty is still very much a relevant issue in the developed world, whereby

Analyse and evaluate contemporary marketing practice Assignment

Analyse and evaluate contemporary marketing practice - Assignment Example As such, the study of the factors which has created the competitive advantages for the company over the years of its operations seems to be a relevant and challenging topic in the arena of contemporary marketing. This report aims at studying the contemporary marketing practices of Zara that has been used by the company for creating a strong position for the company in its industry of operation. For this purpose, the sources of competitive advantage for the company has been identified and studied in depth. The business model followed by Zara is considered to be highly innovative and unique in nature/ the business model of the high street fashion retailer is built up on the vertical; integrations between the different levels and departments of the business including manufacturing, procurement, delivery and sale of the products. The business model is characterized by a unique flexible structure which helps the business to modify it according to the suitability and needs of the external environment and the business requirements at a particular point of time. The business model of Zara is identified to be one of the key drivers of the competitive advantage of the company. The vertical integrations within the business and with the external partners of the business like the suppliers and distributors and the use of advanced information and communication technology are the two main strengths of the business model of Zara. Additionally, the time factor and the use of the stores of the company as important sources of information make the business and with the external partners of the business like the structure of the company much unique and advanced as compared to the other fashion retailers. The ability of the fashion retailing company to design the products and deliver new lines of products in frequent intervals also acts as a major strategy of the company which enhances the competiveness of the company