Structural Position In The Financial Market-Myassignmenthelp.Com

Question: Talk About The Structural Position In The Financial Market? Answer: Presentation The point of this report is to give a comprehension of key examination of aircraft industry just as the chose organizations that are Virgin carrier and Qantas Airways. What's more, the report leads a top-down examination of the general monetary condition of the chose organizations that remembers the basic effect for the exhibition of chose industry and organizations. For this, the report investigation the present Gross residential item, swelling rate, financing cost, swapping scale and individual extra cash in Australia. Then again, the report likewise leads base down investigation of the budgetary circumstance of the organizations and carrier industry. The proportions break down the exhibition of the chose organizations. The base down examination helps in the similar investigation and to discovering the more gainful organization. Brief History of Air Travel Industry One of the solid enterprises is air travel industry in Australia. The air travel industry offices the financial development, worldwide speculation, the travel industry and world exchange and it will increment by 7% every year. Furthermore, business travel has been built up the organizations on a universal level as far as gracefully and creation chain and speculation that will likewise add to the monetary development. As far as worth, aircrafts industry shows an important development with $14.2 billion from 2012 to 2017 and yearly development rate 0.4%. The air travel industry exists in the expanding serious market that was influenced by ongoing pattern by growing local just as global assistance ((IBIS, 2016).). History and Mission proclamation of Companies Virgin Atlantic The Virgin Atlantic was established in 1984 in the UK and headquarter of this organization is in Crawley and England. The organization has an incredible altruism and ubiquity so it delighted in different exchange grants over the world. The statement of purpose of the Virgin Atlantic is to grasp the human soul and let it fly. After the development of the organization, the Virgin Atlantic offered its 49% offer to Singapore Airlines in 600.25 million (Virgin Atlantic, 2016). Qantas Airways The Qantas Airlines is perhaps the most established carrier on the planet that was established in 1920 at Queensland. At first, the Qantas Airways works the administration of Airmails that has been sponsored by the Australian government. It was the biggest organization, which gives transportation administration to the various nations. The organization holds 65% portions of the residential market in Australia (Qantas, 2017). The statement of purpose of this organization is that the organization is committed towards work to being ideal and become an Australian driving premium carrier organization. Furthermore, the organization needs to meet the desire each time when travelers fly. Top-down Analysis Top-down examination is utilized to search for the 10,000 foot view right off the bat and after that it will investigation the other little part in detail. What's more, the financial specialist has determined the offer in the market by deciding the absolute market (Mao et al., 2013). The financial specialist begins the examination with the assistance of monetary marker like loan costs, expansion, vitality value, net residential creation and trade rates, which helps the speculator for picking the correct stock. A portion of the monetary pointers are portrayed as underneath Current GDP rates To gauge the monetary action of the country net residential creation is a successful marker. In June quarter of 2017, the GDP pace of Australian is expanded .80% in contrast with earlier year and more grounded than first quarter of the equivalent monetary year. The commitment of all the administration enterprises remembering the carrier business for total national output is 52% (Trading Economics, 2017). In the monetary condition, the income from the aviation routes is expanding step by step, which implies the Australian financial exercises rises. The discretionary cashflow of the Virgin Atlantic and Qantas Airways is expanded that implies the interest for air travel is increment for business just as relaxation reason. Current Interest Rate The financing cost is a sum that was communicated as a level of head by the advance taker to the borrower for utilizing the advantages. What's more, it was the sum that has been paid by the borrower to a loan specialist for a particular timeframe with the specific rate. The enthusiasm of Australia in 2017 is 1.5%, which is unaltered (Reserve Bank of Australia, 2017). The estimation of Australian dollar is diminished as contrast with 2016 in this manner, the carrier's business take the advantage of the diminished estimation of Australian dollar. In favor to this, because of the execution of current loan cost the expense of proprietorship is decreased by $7.4m. Thus, it bolsters the Australian carriers, for example, Virgin Atlantic and Qantas Airways. Current Value of $AUD In the current setting, the estimation of 1AUD is equivalent to 0.77US Dollar. It examinations that the estimation of Australian dollar is lower as contrast with US dollar (Parliament of Australia, 2016). There is sure and negative effect on the carrier's business with the change in cash. There is a need in aircraft industry to interpret the income in the various monetary standards so it will influence the choice of client, carrier choice and the money related records of the carriers. The lower estimation of the swapping scale has made an issue for the two organizations, for example, Qantas and Virgin carriers identified with fuel supporting. Expansion rate The expansion rate is the estimation of the expansion in the cost of products and administration over a specific timeframe that is repeated as a rate. It is normally estimated on month to month and every year premise in the Australia. The swelling rate in Australia has been expanded 1.9% in the June quarter of 2017 (Trading Economics, 2017). It was expanded the cost of food and lodging counterbalance in Australia. The Airlines business can't take advantage as a result of the high swelling rate. It will affect on the interest for carriers benefits that is given by the aircraft's organizations, for example, Virgin and Qantas Airlines. Individual Disposable Income Individual discretionary cashflow is the measure of cash that has been accessible for family units for spending and sparing that has been determined subsequent to paying annual duty to the administration. It is known as the monetary pointer that is utilized to give a structure the general condition of the economy. Also, the individual removal pay expanded to 287837 AUD million out of 2016 second from last quarter from the second quarter of 2016 that is 287139 AUD million (Trading Economics, 2016). It examined that individual discretionary cashflow of Australian individuals is expanded that has a beneficial outcome on the Airlines business. The oil value conveys a powerful improvement for Airline organizations like Virgin and Qantas Airlines; it will diminish the reasonable of air voyaging. With the expanding individual discretionary cashflow, it will build the spending intensity of clients. Base up Analysis: In fund and bookkeeping, base up examination is a characterized as a speculation approach which is utilized to break down an individual stock based on various elements. These elements include an associations in general fiscal summaries, budgetary quality and other individual pointers of execution (Sternberg, 2013). Along these lines, base up examination of Qantas and Virgin through various proportions is as underneath: Liquidity Ratios These proportions are utilized to examine the capacity of an organization to pay obligation commitments or current liabilities through the computation of current proportion, analysis proportion, and money proportion (Rist et al, 2014). Name of the proportion Equation of the Ratio Qantas (30/6/2016) Virgin (30/6/2016) Industry normal Current proportion Current resources/current liabilities 3458/7028 =.49 656.14/489.27 =1.34 .59 Basic analysis proportion (Current resources Inventory)/Current Liabilities (3458-336)/7028 =.44 (656.14-0)/489.27 =1.34 .54 Income Ratio (Cash+ Marketable protections)/Current liabilities (2209+0)/7028 =.31 (601.09+0)/489.27 =1.22 From the above estimations it is broke down that present proportion is introducing the connection between current resources and current liabilities. It gauges the liquidity of an association and generally used to find the momentary liquidity position of the association. The present proportion of Qantas is .49 and Virgin is 1.34 in 2016. It implies that Virgin aircraft has high dissolvability and utilizing a lot of their assets in correlation of Qantas. Just as, analysis proportion is additionally introducing the connection between fluid resources, for example, current resources and current liabilities of the organization. Just as, analysis proportion is utilized to gauge the capacity to current liabilities of the organization (Fridson and Alvarez, 2011). The above estimations introducing that analysis proportion of Qantas is .44 and Virgin is 1.34. It implies Virgin is a lot of fit to pay current liabilities in look at of Qantas carriers. Besides, income proportion quantifies that ho w well the present liabilities are encased by stream of money from the companys activities. Here, income proportion of Qantas is determined .31 and Virgins income proportion is 1.22. It implies that Virgin has secured its present liabilities well in look at of Qantas. Additionally, the above figurings are introducing that liquidity proportions of Qantas is not as much as industry normal however these proportions of Virgin organization is higher than industry normal. It presents that Virgin is a lot of able in paying obligation commitments in analyze of industry normal and Qantas Company. Productivity Ratio In bookkeeping productivity proportion is utilized to contrast the pay with scopes during a particular time of period. This proportion centers around return of a companys speculation on resources and stock. At the end of the day, gainfulness rati

Modern Marine Management Practice Essay Example | Topics and Well Written Essays - 2000 words

Present day Marine Management Practice - Essay Example In the examination directed, the principle center is the relative investigation of the utilization of the McGregor hypothesis and the Maslow chain of importance of necessities. These hypotheses as considered as two of the fundamental speculations that include the establishment of authoritative conduct and practices. What's more, the fundamental target is to have the option to introduce the use of these speculations in the cutting edge the executives of marine practice. In particular, to have the option to accomplish the aftereffects of the investigation it is critical to the ready to characterize the hypotheses first and decide the strategies for which they can be used in a framework or association. Upon the assurance of the methods of activity of the McGregor and the Maslow Theories, the resulting objective is the chance of use and even the impacts of usage in the marine practice. Consequently, through the course of the examination, the improvement of the idea identified with the application and the accomplishment of the specialty of the authoritative conduct speculations in the down to earth field, for example, current marine administration can be resolved and introduced. To have the option to accomplish the set destinations of the examination, it is imperative to characterize and decide the potential methods for use of the hierarchical speculations under investigation, explicitly the McGregor Theory and the Maslow Hierarchy of Needs Theory. The hypothesis which w... The principle segments of the hypothesis are hypothesis X and hypothesis Y. The primary point of view the hypothesis ventures are the manners in which that a pioneer can lead and deal with the individuals through inspiration. Hypothesis X rotates around a solitary inspiration which is cash and remuneration. The specialist would then be able to be portrayed narrow minded for own pay and money related worth; can even come up short on the duty and the drive to work. At the point when the pioneer perceives the said sort of individuals, it is imperative to consider that such subordinates are needing direction and close bearing (Leonard, 2002; Miner, 2002) Hypothesis Y, then again, is made out of individuals and laborers that are roused by different kinds of components. These variables are elite of fiscal remuneration. In cases actually, the activities of the individuals can be considered accordingly for their devotion and love for the activity and the job that needs to be done. As far as inspiration, ordinarily, they are self spurred, in this manner duties are promptly taken. What's more, dynamic can likewise be an activity. A pioneer with the said subordinates is, best case scenario gives direction while making them free (Leonard, 2002; Miner, 2002). Through the said parts of the hypothesis of McGregor, the pioneer can decide the sort of initiative and the powerful methods of inspiration that can be attempted. Maslow's Hierarchy of Needs Another significant authoritative and social rule is the hypothesis set up by Abraham Maslow. The said hypothesis can be applied to various field of social viewpoint and association. In this manner, the use of the said hypothesis in explicit fields can be considered as one of the most significant

Rotary Rock Tumbler Instructions

Turning Rock Tumbler Instructions The most well-known sort of rock tumbler is a rotational drum tumbler. It shines shakes by reproducing the activity of the sea waves. Turning tumblers clean shakes considerably more rapidly than the sea, however it despite everything requires some investment to go from harsh rocks to cleaned stones! Anticipate that the procedure should take in any event a month through and through. Utilize these guidelines as a beginning stage for your tumbling. Track the sort and amount of rock and coarseness/clean, and span of each progression. Utilize this data to refine your method for the best outcomes. Rock Tumbler Materials List Revolving tumblerRocks (no different rough hardness in a load)Plastic PelletsSilicon Carbide Grits (You may include a 400 work SiC step, whenever wanted, before polishing)Polishing Compounds (for example alumina, cerium oxide)Lots of Water The most effective method to Use a Rock Tumbler Fill the barrel 2/3 to 3/4 loaded with rocks. On the off chance that you dont have enough shakes, you can add plastic pellets to compensate for any shortfall. Simply make a point to utilize those pellets just for coarse cleaning and utilize new pellets for the cleaning stages. Remember that some plastic pellets coast, so ensure you add them to the best possible volume beforeâ adding water.Add water so you can see it between the stones yet don't totally cover the stones.Add coarseness (see diagram below).Make sure your charged barrel falls inside the weight stipend for the rotor to be used.Each step runs for at any rate seven days. For the initial step, expel the barrel following 12-24 hours and open it to discharge any gas development. Resume tumbling. Dont be reluctant to open the barrel intermittently to ensure a slurry is framing and to check the advancement of the procedure. The tumbler ought to have a uniform tumbling sound, not sound like sneakers in a dryer. On the off chance that the tumbling isn't uniform, check the degree of the heap, arrangement of slurry, or blend of rock sizes, to ensure these things are ideal. Keep notes and have a ton of fun! Allow the harsh to pound (60/90 work for hard stones, start with the 120/220 for delicate stones) run until the entirety of the sharp edges have been knocked off the stones and they are really smooth. You can hope to lose about 30% of each stone during the tumbling procedure, with practically the entirety of the misfortune during this initial step. On the off chance that the stones are not smoothed following 10 days, you should rehash the progression with new grit.After a stage has been finished, wash the stones and the barrel altogether to expel all hints of the coarseness. I utilize an old toothbrush to get into the difficult to-arrive at territories. Put aside any stones that are broken or have pits or breaks. You can add them to the initial step of the following bunch of stones, however they will reduce the nature of the entirety of your stones on the off chance that you leave them in for the following step.For the subsequent stage, you again need the stones to fill the barrel 2/ 3 to 3/4 full. Add plastic pellets to compensate for any shortfall. Include water and coarseness/clean and continue. The keys to progress are making sure there is no defilement of steps with coarseness from the past advance and evading the compulsion to proceed onward to the following stage too soon. Barrel Coarseness Mesh 60/90 120/220 Prepolish Clean 1.5# 4 T 4 T 6 T 6 T 3# 4 T 4 T 6 T 6 T 4.5# 8 T 8 T 10 T 10 T 6# 10 T 12 T 12 T 12 T 12# 20 T 20 T 25 T 25 T Accommodating Tips for Perfectly Polished Rocks Try not to over-burden your tumbler! This is a main source of belt breakage and engine wear out. If all else fails, gauge your barrel. A barrel for a 3-lb engine ought not surpass a load of 3 pounds when accused of rocks, coarseness, and water.Oil the tumbler bushings with a solitary drop of oil, yet don't try too hard! You don't need oil on the belt, as this will make it slip and break.Resist the impulse to tumble rocks with splits or pits. Coarseness will get into these pits and pollute ensuing advances, destroying the clean of the whole burden. No measure of scouring with a toothbrush will evacuate the entirety of the coarseness inside a pit!Use a reasonable burden that incorporates both huge and little shakes. This will improve the tumbling action.Make sure all stones in a heap are of the equivalent rough hardness. Something else, the gentler stones will be eroded during the cleaning procedure. An exemption to this is the point at which you are deliberately utilizing gentler ston es to fill/pad a load.Dont wash coarseness down the channel! It will make an obstruct that is impenetrable to deplete more clean. I flush the coarseness ventures outside utilizing a nursery hose. Another choice is to wash the coarseness into a pail, for later removal some place other than your pipes. Dont reuse coarseness. Silicon carbide loses its sharp edges after about a weeks tumbling time and gets pointless for grinding.You can reuse plastic pellets, yet take care to abstain from defiling the cleaning stages with coarseness. Utilize separate plastic pellets for these stages!You can include heating pop, Alka-Seltzer, or a Tums to a heap to forestall gas fabricate up.For smooth waterway rocks or for any gentler stones (for example sodalite, fluorite, apatite), you may overlook the principal coarse coarseness step.For gentler stones (particularly obsidian or apache tears), you need to slow the tumbling activity and keep the stones from affecting each other during cleaning. A few people have achievement including corn syrup or sugar (twice as much as the measure of prepolish and cleaning operator) to thicken the slurry. Another alternative is to clean the stones dry (as in no water) with cerium oxide and oats. Is it true that you are keen on utilizing a vibratory tumbler to clean shakes? At that point attempt these directions.

Vocational Education Vs. Standardized Testing Essay -- Vocational Cour

A lot of schools center around the scores that originate from government sanctioned testing. In spite of the fact that government sanctioned testing won't help an understudy get to where they should be so as to pick up their profession. Truth be told, government sanctioned tests are for the most part being utilized to gauge a teacher’s capacity to educate (Manalo 1). Why are schools putting together their educational plan with respect to state sanctioned grades as opposed to encouraging professional training courses that will help understudies later on in their lives? There are various professional courses which incorporate; nursing, food morals, PC understanding, office the executives, and even cosmetology. Give secondary school understudies professional classes or let the educational system disintegrate. Professional courses better get ready understudies for the years to come. Professional courses plan and educate and make pioneers and are balanced. Each understudy has the r ight to have an open door at progress and professional classes will sort out them in the way they should be readied. These classes slender one’s concentration so they can find what they need to seek after professionally. (Ziliak 1). Professional classes open up â€Å"doors of opportunity.† Cannot utilize the reason that training professional instruction in schools would bring down the odds of getting into school since school credits can be earned through these courses. In 2012 understudies taking part in the Kokomo vocation focus earned 834 credits from Ivy Tech Community College (Ziliak 2). Evidently professional classes get ready understudies for genuine circumstances and put them progressing nicely towards their fantasy vocation. The same number of schools utilize government sanctioned testing to gauge their student’s development they don't understand that state administered tests don't mirror the character of youngsters which will not support succe... ...re a sort of genuine learning. Professional training includes: assortment, importance, and reason. â€Æ' Works Cited James, Howlett. Mechanical Arts: Call It What You Want, the Need Still Exists. Industrial Arts: Call It What You Want, the Need Still Exists. N.p., Mar. 2008. Web. 12 Feb. 2014. Manalo, Taylor. Community Issues. Civic Issues Site Wide Activity RSS. Metro Issues, 1 Apr. 2013. Web. 12 Feb. 2014. Watkins, Bill. Do Standardized Tests Raise Dropout Rates? Newgeography.com. New Geography, 16 Nov. 2011. Web. 12 Feb. 2014. Jorgenson, Olaf. â€Å"What We Lose In Winning The Test Score Race.† Principal 91.5 (2012): 12-15. Instruction Research Complete. Web. 7 Feb. 2014. Ziliak, Lindsey. â€Å"In Vocational Courses, Ind. Understudies Get Early Glimpse Of Careers.† Community College Week 25.14 (2013): 11. Instruction Research Complete. Web. 7 Feb. 2014.

How to Help You Write Research Papers Effectively

How to Help You Write Research Papers EffectivelyIf you are a student or an academic researcher, you probably want to be more effective when it comes to writing research papers. Below are some tips to help you write research papers in a more effective way.The first tip for helping you write research paper is to avoid unnecessary words. You should avoid jargon and avoid using long sentences in your paper. This can confuse your readers and make them lose interest in the paper. Avoid using numbers, which should only be used for numbers you already mentioned.The second tip for helping you write research paper is to give the details of your research well. When it comes to writing a research paper, it is always important to know what exactly the topic is about.The third tip for helping you write research paper is to stay within the limits of your knowledge. Your research papers will not be effective if you assume that everyone knows the information that you write. If you do this, you will get a lot of rejections from people who actually need to read your research papers.The fourth tip for helping you write research paper is to write about topics that you are familiar with. Before writing your research paper, make sure that you know more about the topic than anyone else. This way, you will be able to write your research paper in a more effective way.The fifth tip for helping you write research paper is to avoid using technical terms. Use colloquial terms instead if you think they will better convey your point. Most students are accustomed to speaking in simple terms and are afraid to use technical terms.Writing research papers is one of the most important activities that you will have to do when you are studying in college. This is why you should be careful when writing your research papers and avoid using technical terms and unnecessary wordings.

The Victorian Burglary Legislation - Free Essay Example

Impact of Singh v The Queen on the Victorian Burglary Legislation. Introduction The main contentious issues in Singh v The Queen[1] are when should the mens rea element of the crime of burglary be proven to exist for a continuous act or series of acts, should the prosecution prove beyond reasonable doubt the existence of intent to commit the crime of burglary at the time of the first effective entry into the building or part of the building as defined by the Crime Act 1958 (Vic) s 76(1)?[2] And if so, what is the proper interpretation of the phrase à ¢Ã¢â€š ¬Ã‹Å"part of the buildingà ¢Ã¢â€š ¬Ã¢â€ž ¢?[3] To answer these questions, this essay will analyse the current Victorian burglary laws, explore some of the issues which do arise when applying s 76 of the crime act,[4] examine some of the principles formed by various courts during criminal proceedings especially when hearing burglar cases and finally summarise the potential impact of Singh v The Queen[5] case on Victorian Burglary Legislation. Current Victoria Burglary and Aggravated Burglary Laws. Originating from the Common Law and buried at the heart of the Criminal Law is the notion of blameworthiness which states that a criminal conviction connotes a moral evaluation of the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s guilt as deserving sanction.[6] This principle of proving all elements of a criminal offence is referred to as Temporal Coincidence.[7] For the crime of burglary to be established, the current Victorian burglary laws have squarely placed the onus of prove on the prosecution to establish beyond reasonable doubt that the accused had entered a building or part of a building,[8] and at the time of entering the building the accused entered as a trespasser[9] and at the time of entering the accused intended to steal anything in the building or part in question[10] or to commit an offence involving an assault to a person in the building or part in question or involving any damage to the building or to property in the building or part in question.[11] For the aggravated burg lary, the prosecution has to prove that the accused commits a burglary,[12] and at the time the accused has any firearm or imitation firearm, any offensive weapon or any explosive or imitation explosive[13] or at the time of entering the building or the part of the building a person was then present in the building or part of the building and he or she knew that a person was then so present or was reckless as to whether or not a person was then so present.[14] How the courts have formed principle when interpreting burglary laws. The distinctive feature of the criminal law is its dualism in it approach to criminal behaviour.[15] For the accused to be convicted of a criminal offence, the actus reus and mens rea elements must exist at the same time.[16] However, the dualist approach encounters problem in situation where there has been series of act or continuing act. The dilemma is whether a men rea is required for each act. These are the exact issues which exhibited themselves in Singh v The Queen.[17] When deliberating on such cases, judges have apparently applied various approaches which have been categorised into three principles discussed below. Continuing Act and Series of Act Approach When dealing with series of acts, courts tend to treat the accused conduct as one indivisible transaction and that mens rea existed at the time the accused began the series of act.[18] The continuing act approach was clearly displayed in Fagan v Metropolitan Commissioner, [19] where the accused drove his car onto the foot of a police constable. When the victim told Fagan to move his car, he turned off the engine. Fagan eventually moved the car but was convicted for assault. On appeal, Fagan argued that driving onto the constableà ¢Ã¢â€š ¬Ã¢â€ž ¢s foot occurred without mens rea. The question before the court was whether there was a coincident of mens rea and actus reus. . The court held that the relevant act was a continuing one, which started with the wheel being driven onto the constableà ¢Ã¢â€š ¬Ã¢â€ž ¢s foot and ended with removal.[20] Therefore, assault was formed from the moment intention was produced in the apprehension of the continuing act.[21] There are some cases where the court tends to look at the impact of the accused conducts on victim even though the act might have started without clear evidence of mens rea. However, any intention formed later in the process of initial act could satisfy the existence of the mens rea element of the crime.[22] In cases where the prosecution cannot produce evidence that indicates directly that the accused knew that people were living in the building at the time of entry, the court may ask the jury to infer on the accusedà ¢Ã¢â€š ¬Ã¢â€ž ¢s knowledge and intention at the time of entry based on motive evidence provided.[23] In Chimirri[24] the appellate court accepted that the accused was already a trespasser and that it was the formation of the intent to assault on the effective entry into the bedroom that made the accused a burglar on entry into that part of the building.[25] Such interpretation is debatable.[26] The Principle of Temporal Coincidence The doctrine of Temporal Coincidence states that the requisite mens rea of an offence must exist at the time of each and every volitional act or omission upon which it is necessary to rely in order to establish the actus reus of the offence.[27] For the prosecutor to press the charges of the aggravated burglary, the liability of the crime of burglary must first be established.[28] However, establishing burglary require that an accused enters a building or a part thereof and possesses the requisite mens reas of knowledge or recklessness as to being a trespasser and the intention to steal or commit one of the prescribed assault or damage offences at the time of entry.[29] Consistent with this principle, Dawnson J in Barker v The Queen stated that the offence of burglary is committed only if, at the time of entry as a trespasser, the entrant has an intent to steal.[30] This view was later made clearer in Doolan v Eaton[31] than in any other case, where the conviction of the crime o f unlawful entry was successfully appealed and the appeal was allowed. For the aggravated burglary, the prosecutor has to establish beyond reasonable doubt that at the time of entry, the accused had a state of mind whereby the accused knew there were people inside the building and had an intention to commit the prohibited volitional act.[32] Therefore, in accordance with the temporal coincidence principle, establishing the intent at the entry is a central requirement for culpability for the offence of aggravated burglary.[33] Applying Evidence of Premeditation or Plan to prove intend Any proven evidence of premeditation or plan of the assault or burglary makes the accused culpable of the aggravated burglary.[34] In Peter John Gale v R[35] the court expressed the view that a plan with expressed purpose of committing an assault can culminate into a very serious offence of the aggravated burglary. Therefore, the act of planning such assault implied that the accused had knowledge of the victim being present in the building, thus the intention mens rea of the offence is present.[36] Interpretation of the Phrase à ¢Ã¢â€š ¬Ã‹Å"Part of a buildingà ¢Ã¢â€š ¬Ã¢â€ž ¢ in s 76 and Development of the Burglary laws in Victoria. The interpretation of the phrase à ¢Ã¢â€š ¬Ã‹Å"part of a buildingà ¢Ã¢â€š ¬Ã¢â€ž ¢ in s76 has continuously been a subject of debate since the enactment of the Crime Act 1958.[37] It can be argued that the purpose of the à ¢Ã¢â€š ¬Ã‹Å"part of a buildingà ¢Ã¢â€š ¬Ã¢â€ž ¢ in s 76 was not to undermine the principle of Temporal Coincidence but to cover offences of burglary that can occur and do occur in sections or areas of the building where right of entry is limited and the licence of the person is required,[38] especially where a building has been divided into parts with physical partitions or artificially divided with limitation placed and the accused is aware of such limited permission.[39] The Judicial College Victoria in its Criminal Charge Book (2014)[40] has divided the building into two distinctive parts, the part of a building that the accused could lawfully enter, and the remainder of the building.à ¢Ã¢â€š ¬Ã¢â€ž ¢[41] The question of whether a room or an area within a building can be treated as à ¢Ã¢â€š ¬Ã‹Å"part of a buildingà ¢Ã¢â€š ¬Ã¢â€ž ¢ has always been left by judge for jury to decide.[42] However, in many cases, the court interpretation of the Victorian burglary legislation has been purposive rather than literal approach. Potential Impact of Singh v The Queen on the Victorian Burglary Legislation If the appeal is allowed, this case will then set a precedent which may be used as an authority in courts. It may also be used as a defense against aggravated burglary charges in cases where a crime involved series of acts or continuing act. Such an interpretation would be the unintended consequence that was not foreseen by the Victorian Parliament when the legislation was passed. On the contrary, rejecting the appeal will be contravening the principle of the Temporal Coincidence, which is the core of criminal law. This doctrine is imbedded on the question of whether an accused has made an effective entry into a building or part of a building,[43] which then banks on resolving the question of what was the purpose of inserting the phrase à ¢Ã¢â€š ¬Ã‹Å"part of a buildingà ¢Ã¢â€š ¬Ã¢â€ž ¢ into s76 of the Crime Act 1958 (Vic).[44] The verdicts for criminal cases are reached when the whole evidence proves the elements of the offence beyond reasonable doubt.[45] But due to lack o f consensus by various courts and among judges when interpreting the phrase à ¢Ã¢â€š ¬Ã‹Å"part of a buildingà ¢Ã¢â€š ¬Ã¢â€ž ¢ in s 76 of the Crime Act 1958[46] and dilemmas it creates when dealing with a continuing act like the Singh v The Queen [47] case, whichever way the appellate court rule, the Singh v The Queen[48] case has a potential to prompt the Victoria parliament to categorically redefine the phrase à ¢Ã¢â€š ¬Ã‹Å"part of a buildingà ¢Ã¢â€š ¬Ã¢â€ž ¢ in s 76(1) of the Crime Act 1958 (vic)[49] and such change to the legislation is imminent, it is just a matter of time but it is envisaged that the Victorian parliament will eventually amend the legislation. [1] Singh v The Queen [2013] VSCA 300. [2] Crime Act 1958 (Vic) s 76(1). [3] Ibid. [4] Ibid. [5] Singh v The Queen [2013] VSCA 300. [6] Trisca Mann, Australian Law Dictionary (Oxford University Press, 2nd ed, 2013). [7] Arenson, Ken, Mirko Bagaric, Peter Gillies, Criminal Laws in the Common Law Jurisdictions, (Oxford University Press Australia Higher Education, 3rd Edition,2011)(Emphasis added). [8] Ibid s 76(1); Nash, G., M., Annotated Criminal Legislation Victoria, 2013 à ¢Ã¢â€š ¬Ã¢â‚¬Å" 2014, LexisNexis. [9] Ibid. [10] Crime Act 1958 (Vic) s 76(1)(a). [11] Ibid s 76(1) (b). [12] Crime Act 1958 (Vic) s 77(1). [13] Ibid s 77(1)(a). [14] Ibid s 77(1)(b). [15] Lawskool.com.au. [16] Ryan v The Queen (1967) 121 CLR 205; Simon Bronitt and Bernadette McSherry, Principal of Criminal Law (LBC Information Services, 2001) 161; Arenson et al, above 7, 445. [17] Singh v The Queen [2013] VSCA 300. [18] Thabo Meli v The Queen [1964] 1 WLR 22 8. [19] Fagan v Metropolitan Commissioner [1969] 1 QB 439. [20] Lawskool.com.au. [21] Fagan v Metropolitan Commissioner [1969] 1 QB 439; Lawskool.com.au; See also R V Miller (1983) 2 AC 161. [22] The Queen v Dinsley [2013] VSC 631. [23] R v Steve Verde [2009] VSCA 16. [24] Chimirri [2010] VSCA 57. [25] Ibid, cited in Singh v The Queen [2013] VSCA 300. [26] Singh v The Queen [2013] VSCA 300. [27] Arenson et al, above 7. [28] Crime Act 1958 (Vic) s77(1). [29] Ibid s 76; Arenson et al, above 7, 461. [30] Barker v The Queen (1983) 47 ALR 1 (emphasis in original) (citation omitted). [31] Doolan v Eaton [2011] NTSC 52. [32] R v Hilton Munro [2006] VSCA 94. [33] See especially, Joshua Denman v R [2012] VSCA 261. [34] Pryor v Western Australia [2014] WASCA 143. [35] Peter John Gale v R [2014] VSCA 168. [36] Ibid; David Christopher Smith v R [2013] VSCA 219. [37] Crime Act 1958 (Vic). [38] R v Walkington [1979] 2 All ER; Singh v Th e Queen [2013] VSCA 300. [39] R v Walkington [1979] 2 All ER. [40] Judicial College Victoria, Criminal Charge Book (2014) https://www.judicialcollege.vic.edu.au/eManuals/CCB/index.htm#5141.htm.(citations omitted). [41] Ibid. [42] R v Walkington [1979] 2 All ER. [43] Arenson et al, above 7. [44] Crime Act 1958 (Vic) . [45] Douglass v The Queen [2012] HCA 34. [46] Crime Act 1958 (Vic). [47] Singh v The Queen [2013] VSCA 300. [48] Ibid. [49] Crime Act 1958 (vic) s 76.

Historical Sexual Abuse Claims Dating From The 1970 S

Question 4 Explain fully the issues involved in the High Court decision in Stingel v Clark (2006) 226 CLR 442. Did the High Court reach the right decision in this case? Contextual Analysis In Stingel v Clark (2006), plaintiff, Carol Ann Stingel sued Geoff Clark over alleged historical sexual abuse claims dating from the 1970‟s. 1 In this case, the High Court had opted not to follow the earlier House of Lords authority of Stubbings v Webb, 2 â€Å"which had denied that the commencement of a limitation period could be delayed until the date of the injured person s knowledge in the case of an intentional assault†.3 Instead the High Court relied on the interpretation of Section 5(1A) of the Limitation of Actions Act 1958 (Vic), which reads as follows: â€Å"An action for damages for negligence nuisance or breach of duty (whether the duty exists by virtue of a contract or of provision made by or under a statute or independently of any contract or any such provision) where the damages claimed by the plaintiff consist of or include damages in respect of personal injuries consisting of a disease or disorder contracted by any person may be brought not more than six years from and the cause of action shall be taken to have accrued on the date on which the person first knows – (a) That he has suffered those personal injuries; and (b) that those personal injuries were caused by the act or omission of some person.† In handing down the decision, The High Court submitted that Ms Stingel wasShow MoreRelatedGirl Gangs and the Female Crime Wave in America Essay6758 Words   |  28 Pagesbegan to surface as a serious problem in America. 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The doctrine of personality rights in the UK - Free Essay Example

Sample details Pages: 10 Words: 3091 Downloads: 6 Date added: 2017/06/26 Category Law Essay Type Analytical essay Did you like this example? The United Kingdom has never acknowledged a specific doctrine of à ¢Ã¢â€š ¬Ã‹Å"personality rightsà ¢Ã¢â€š ¬Ã¢â€ž ¢; the law provides neither coherent nor consistent protection, as the courts are à ¢Ã¢â€š ¬Ã‹Å"sceptical about creating monopoly rights in nebulous concepts such as names, likeness or popularityà ¢Ã¢â€š ¬Ã¢â€ž ¢.[1] Therefore celebrities and other high-profile individuals rely on a combination of passing off, trademark, copyright and privacy laws for protection of the commercial value of their personality. None of these were invented to protect personality rights; however they are gradually developing to adjust to the commercial reality of the value of celebrity merchandising and endorsements. Misleading the public by giving a false impression of endorsement of a product by a celebrity has been to commit the tort of passing off for over a decade.[2] The tort of passing off was traditionally defined as à ¢Ã¢â€š ¬Ã‹Å"nobody has the right to represen t his goods as the goods of someone elseà ¢Ã¢â€š ¬Ã¢â€ž ¢.[3] The à ¢Ã¢â€š ¬Ã‹Å"classical trinityà ¢Ã¢â€š ¬Ã¢â€ž ¢ is necessary to succeed in passing off: à ¢Ã¢â€š ¬Ã‹Å"the goodwill or reputation must be attached to the products or services of the plaintiff, the misrepresentation must lead to the confusion as to the source of the goods and services, and this confusion must cause damage to the claimantà ¢Ã¢â€š ¬Ã¢â€ž ¢.[4] In the case of Fenty Ors v Arcadia Group Brands Ltd (t/a Topshop) Anor,[5] high street fashion retailer Topshop licensed an image of popstar Rihannaà ¢Ã¢â€š ¬Ã¢â€ž ¢s face from a photographer and printed it on a t-shirt without either her permission being sought nor obtained. Don’t waste time! Our writers will create an original "The doctrine of personality rights in the UK" essay for you Create order Rihanna then sued for passing off. Mr Justice Birss applied the doctrine to the dispute. Although on very particular facts, Birss J found in favour of Rihanna and established a general principle that arguably goes against any celebrities who might have hoped to see the creation of a doctrine of personality rights. This decision develops the tort of passing off to small degree whilst emphasising that, in each case, the facts are decisive.[6] The debate about the recognition of personality rights in the UK is gathering impetus in the wake of Fenty with academics like Walsh questioning if à ¢Ã¢â€š ¬Ã‹Å"personality rights are finally on the agendaà ¢Ã¢â€š ¬Ã¢â€ž ¢.[7] In the 1970s the UK courts were regularly unwilling to find false impressions relating to merchandising resulted in misrepresentation because of the need to show that they were engaged in a à ¢Ã¢â€š ¬Ã‹Å"common field of activityà ¢Ã¢â€š ¬Ã¢â€ž ¢. This introduced a somewhat blunt test for confusion and there often wou ld be no proximity between, for example, a radio broadcaster and a cereal manufacturer.[8] Until the test was discarded, at least as an absolute condition,[9] it limited attempts to expand the categories of misrepresentation to cover licensing connections.[10] Where the absence of a common field of activity was not conclusive the court for example held the use of the name of the pop group Abba on merchandise did not amount to passing off on the basis that there was no real possibility that the public would be confused into thinking that Abba had approved the goods merely because their name or photograph appeared on them.[11] Likewise the use of a photograph of the Spice Girls on the cover of a sticker collection was held not to constitute passing off.[12] An important exception came when it was held passing off had been established where cartoon characters, the Teenage Mutant Ninja Turtles, were on clothing without authorisation, since the public did expect the goods to be licensed. [13] This case was distinguished from the Abba scenario on the basis that it was brought in the context of the unauthorised reproduction of images of cartoons in which copyright existed, rather than the image or name of a celebrity. Yet the decision is generally viewed as opening up character merchandising law in the UK. In the seminal case of Irvine Laddie J held passing off covered cases of false endorsement, like where Talksport had altered an image of racing driver Eddie Irvine to have him hold a branded Talksport radio for advertising purposes without his permission. Laddie J considered the increasingly popular marketing practice of personality licensing, including the licensing of a personalityà ¢Ã¢â€š ¬Ã¢â€ž ¢s name or likeness outside a celebrityà ¢Ã¢â€š ¬Ã¢â€ž ¢s area of expertise as a common and lucrative practice for them, to reject the à ¢Ã¢â€š ¬Ã‹Å"common  ¬Ãƒâ€šÃ‚ eld of activityà ¢Ã¢â€š ¬Ã¢â€ž ¢ condition. Laddie J identified the inherent flexibility of passing off by saying à ¢Ã¢â€š ¬Ã‹Å"the sort of cases which come within the scope of a passing off action has not remained stationary over the yearsà ¢Ã¢â€š ¬Ã‚ ¦passing off is closely connected to and dependent upon what is happening in the market placeà ¢Ã¢â€š ¬Ã¢â€ž ¢.[14] Although Irvine was celebrated as a turning point in the protection of personality rights, the important limitation in the judgment was that passing off was limited to false endorsement and excluded merchandising cases. The classic celebrity-merchandising situation seems similar: the celebrity has a reputation and the public knows that it is common practice for celebrities to market their popularity by granting merchandise licenses.[15] Laddie J differentiated between cases of endorsement and merchandising, however in Fenty Birss J approved Laddie Jà ¢Ã¢â€š ¬Ã¢â€ž ¢s reasoning but made it clear there is no difference in merchandising cases and that the legal principles apply equally well in passing off if the public had been deceived into thinking the celebrity had authorised the product. Rihanna easily established sufficient goodwill in the fashion industry, as a style icon because of her à ¢Ã¢â€š ¬Ã‹Å"cool, edgy imageà ¢Ã¢â€š ¬Ã¢â€ž ¢.[16] This was demonstrated in her endorsement contracts with Nike and Gillette, her fashion design and promotion work with rival retailer River Island, and she had worked with HM, Gucci and Armani to collaborate on and design clothing. Birss J therefore stated Rihannaà ¢Ã¢â€š ¬Ã¢â€ž ¢s à ¢Ã¢â€š ¬Ã‹Å"identity and endorsement in the world of high street fashion was perceivedà ¢Ã¢â€š ¬Ã‚ ¦to have tangible value by an organisation well placed to knowà ¢Ã¢â€š ¬Ã¢â€ž ¢.[17] Misrepresentation was the key issue. Topshop argued the clothing was simply a t-shirt bearing an image of Rihanna and the public had no expectation that it was authorised by her, whereas Rihanna contended that the particular facts of the case meant customers were misled into believing she had endorsed the t-shirt herself. The court considered the point in depth, addressing the various circumstances before considering the issue as a whole. Certain evidence considered was found to be neutral to finding a misrepresentation. The fact there was other unauthorised clothing bearing Rihannaà ¢Ã¢â€š ¬Ã¢â€ž ¢s image on sale did not imply that the public would necessarily believe that such clothing was authorised. Topshop had sold both clothing bearing authorised images and clothing, which was approved or endorsed by celebrities. Overall, its customers were neutral: having no positive expectation either way when considering clothing bearing a celebrityà ¢Ã¢â€š ¬Ã¢â€ž ¢s image. Also the t-shirt was fashionable and on sale in a high street retailer. Certain factors indicated finding in Topshopà ¢Ã¢â€š ¬Ã¢â€ž ¢s favour. Some of Rihannaà ¢Ã¢â€š ¬Ã¢â€ž ¢s official merchandise included an à ¢Ã¢â€š ¬Ã‹Å"R slashà ¢Ã¢â€š ¬Ã¢â€ž ¢ trademark logo or her name, the t-shi rt lacked both, and apart from a few days online the word à ¢Ã¢â€š ¬Ã‹Å"Rihannaà ¢Ã¢â€š ¬Ã¢â€ž ¢ was not used at all. There was also no genuine evidence of actual confusion. However on balance, significant factors supported RIhanna. Topshop had made considerable effort to emphasise connections in the public consciousness between the store and celebrities notably Kate Moss, and now more importantly Rihanna. This made it more likely purchasers would conclude that the t-shirt was authorised and being a fashion retailer, consumers would reasonably expect Topshop to publicise and sell products authorised by celebrities. Topshopà ¢Ã¢â€š ¬Ã¢â€ž ¢s prior association with Rihanna was important as Topshop ran a competition in 2010 to win a personal shopping appointment with Rihanna. Rihanna also visited Topshop in 2012 which they chose to publicise by tweeting to their 350,000 Twitter followers, just before the t-shirt went on sale à ¢Ã¢â€š ¬Ã¢â‚¬Å" a significant commercial communication in the eyes of Birss J, to a demographic who valued social media highly. Topshop had therefore repeatedly associated itself and it products with Rihanna in a high-profile manner and this demonstrated Topshop were looking to take advantage of Rihannaà ¢Ã¢â€š ¬Ã¢â€ž ¢s position as a style icon. The image on the t-shirt was taken during the video shoot of RIhannaà ¢Ã¢â€š ¬Ã¢â€ž ¢s single à ¢Ã¢â€š ¬Ã‹Å"We Found Loveà ¢Ã¢â€š ¬Ã¢â€ž ¢ from her 2011 à ¢Ã¢â€š ¬Ã‹Å"Talk that Talkà ¢Ã¢â€š ¬Ã¢â€ž ¢ album. Importantly, it showed Rihanna with the same hairstyle and headscarf as the album cover. This meant that the image was not just recognisably Rihanna but looked like a promotional shot for the music release. The court found that it was entirely likely that, to her fans, the image might be regarded as part of the marketing campaign. This was a critical point in the decision. Although Birss J believed a à ¢Ã¢â€š ¬Ã‹Å"good numberà ¢Ã¢â€š ¬Ã¢â€ž ¢ of purchasers would buy the t-shirt withou t considering the question of authorisation, he concluded that, in the circumstances, a substantial proportion of those judging the t-shirt (specifically Rihanna fans) would be encouraged to think that it was clothing authorised by the popstar. They would have recognised that particular image of Rihanna not simply as an image of her but as a particular image of her connected with the particular context of the album. Many of these purchasers would have bought the product because they thought that Rihanna had authorised it; others would have bought it because of the value of the perceived authorisation itself. In each case, the idea that it was authorised was part of what motivated them to buy the product and in each case they would have been deceived. The test for damage was also easily satisfied. If a substantial number of purchaserà ¢Ã¢â€š ¬Ã¢â€ž ¢s were deceived into buying the t-shirt because of a false belief that it was authorised by Rihanna herself, then that would have da maged Rihannaà ¢Ã¢â€š ¬Ã¢â€ž ¢s goodwill, both by way of sales lost to her merchandising business and a loss of control over her reputation in the fashion sphere.[18] Considering the particular facts, it is not surprising Birss J found in Rihannaà ¢Ã¢â€š ¬Ã¢â€ž ¢s favour. The classical trinity of passing off were fulfilled, however this decision is unlikely to open the floodgates for cases to be brought every time a celebrityà ¢Ã¢â€š ¬Ã¢â€ž ¢s image is used without a merchandising license, as it was made clear à ¢Ã¢â€š ¬Ã‹Å"the mere sale by a trader of a t-shirt bearing an image of a famous person is not without more, an act of passing offà ¢Ã¢â€š ¬Ã¢â€ž ¢.[19] Birss J was eager to emphasise that à ¢Ã¢â€š ¬Ã‹Å"there is today in England no such thing as a free standing general right by a famous person (or anyone else) to control reproduction of their image.à ¢Ã¢â€š ¬Ã¢â€ž ¢[20] The judgment is useful as a confirmation of the general principles of passing off applied to unau thorised use of celebrity images.[21] If the UK is approaching the creation of a doctrine of personality rights in some form, it is necessary to analyse the justifications and gauge whether they are robust enough to validate the subsequent restraints that would be placed upon society. The justifications suggested in support of personality rights fall largely into three groups: moral, economic and consumer protection arguments. The labour-based moral justification is founded on John Lockeà ¢Ã¢â€š ¬Ã¢â€ž ¢s theory of property.[22] Essentially, itprovidesthat an individualhasamoralrightintheobjectofvaluetransformedbecauseoftheir efforts. Nimmer supported this point by contending that the person who has à ¢Ã¢â€š ¬Ã‹Å"long and laboriously nurtured the fruit of publicity valuesà ¢Ã¢â€š ¬Ã¢â€ž ¢ and has spent à ¢Ã¢â€š ¬Ã‹Å"time, effort, skill, and even moneyà ¢Ã¢â€š ¬Ã¢â€ž ¢ in their creation, is presumably allowed to enjoy it.[23] Professor McCarthy feels personality rights are à ¢Ã¢â€š ¬Ã‹Å"a à ¢Ã¢â€š ¬Ã…“common-senseà ¢Ã¢â€š ¬Ã‚ , self-evident right needing little intellectual rationalisation to justify its existenceà ¢Ã¢â€š ¬Ã¢â€ž ¢.[24] However, Madow deconstructs these arguments by contending that fame is something à ¢Ã¢â€š ¬Ã‹Å"conferred by othersà ¢Ã¢â€š ¬Ã¢â€ž ¢ and is not necessarily down to the efforts of the individual.[25] Moreover according to Madow the labour argument ignoresthe fundamentalrole themediaplayinthecreationofcelebrities.He uses the example of Einstein andobservesthatthemedia selectedhim becausehedidinterviews, wasquotable and hehadtherightà ¢Ã¢â€š ¬Ã‹Å"lookà ¢Ã¢â€š ¬Ã¢â€ž ¢.[26]TheimageofEinsteinthat is familiar today,what itmeanstothe pubic themadbutpleasant scientistwith bushywhitehairandmoustache wasa personality createdby themedia. Therefore only when the media and public take notice and attach importance to a personal image can it fully enter into the market place.[27] Thus contrary to the statement by McCarthy, i t would appear a celebrity cannot justify that they solely created their public image and consequently cannot stake an indisputable moral claim to the exclusive ownership or control of the economic value that comes with it. Personality rights can also be justified on economic arguments. Economic theory proposes persons should be economically incentivised into à ¢Ã¢â€š ¬Ã‹Å"undertaking socially, enriching activitiesà ¢Ã¢â€š ¬Ã¢â€ž ¢ such as creating a persona that benefits society culturally,[28] and this creativity can only be encouraged if the person is given exclusive right to control their creations, because this à ¢Ã¢â€š ¬Ã‹Å"provides incentive for performers to make economic investments required to produce performances appealing to the publicà ¢Ã¢â€š ¬Ã¢â€ž ¢.[29] However Carty doubts whether personality rights would produce increases in à ¢Ã¢â€š ¬Ã‹Å"economic activityà ¢Ã¢â€š ¬Ã¢â€ž ¢ or à ¢Ã¢â€š ¬Ã‹Å"innovationà ¢Ã¢â€š ¬Ã¢â€ž ¢.[30] Following Madowà ¢Ã¢â€š ¬Ã¢â€ž ¢s ideas, the UK is currently without a personality right, yet celebrities still gain significant income from their publicity values and failure to introduce such a right in the future will not stop individuals profiting from the income already gained through endorsements and merchandising officially authorised by them.[31] According to Madow such protection also has à ¢Ã¢â€š ¬Ã‹Å"distributional consequencesà ¢Ã¢â€š ¬Ã¢â€ž ¢,[32] whereby personality rights elevate the price of merchandise and advertising in general, placing more wealth in the hands of a select few, who already derive significant income, and away from the mass of consumers making up society.[33] Another justification for personality rights is the consumer protection argument focusing on the idea that without protection, the public will be misled about the authorisation of a celebrityà ¢Ã¢â€š ¬Ã¢â€ž ¢s association with a product or service. At first sight the consumer protection argument appears advisable, joini ng protection of the celebrityà ¢Ã¢â€š ¬Ã¢â€ž ¢s success with protection of the consumer, and it mirrors the traditional rationale for trademark and passing off.[34] However personality rights would allow celebrities to stop commercial uses of their personas that are not fraudulent or deceptive, and Professor Shiffrin states personality rights give celebrites power à ¢Ã¢â€š ¬Ã‹Å"to control the dissemination of truth for his or her own profità ¢Ã¢â€š ¬Ã¢â€ž ¢.[35] On another level, Madow argues the degree to which personality rights would stop the consumer being misled is generally superfluous,[36] because in situations where there is a realistic chance that, consumers will be deceived or confused about a celebrityà ¢Ã¢â€š ¬Ã¢â€ž ¢s association or endorsement, legal mechanisms better adapted for that reason already exist, notably passing off. In conclusion, the extent to which Fenty constitutes a creation of a doctrine of à ¢Ã¢â€š ¬Ã‹Å"personality rightsà ¢Ã¢â€š ¬Ã¢â€ž ¢ is limited. In the words of Roberts à ¢Ã¢â€š ¬Ã‹Å"this judgment does not change the law; and it does not create an à ¢Ã¢â€š ¬Ã…“image rightà ¢Ã¢â€š ¬Ã‚ . It simply applies the existing doctrine of passing off to the evolving commercial reality of the value of celebrity endorsementsà ¢Ã¢â€š ¬Ã¢â€ž ¢.[37] The decision is important as it improves a flaw in the Irvine verdict,[38] in the same way that Irvine marked the first time that passing off was applied to false endorsement, Fenty is the first time it has been applied to false merchandising featuring a real person, with merchandising claims having only previously succeeded in relation to fictional characters,[39] and indicates that UK courts are slowly recognising the need to protect the commercial value of celebrity merchandising. It is clear from the case that the result was carefully balanced on particular facts and that if for example Rihanna had not been a fashion icon or the image was different she would have less chance of being successful. Fenty highlights the issue of misrepresentation is however always one of fact, and the false belief of the purchaser is key: to constitute passing off, a false belief incited in the mind of the prospective purchaser must play a role in their choice to buy. Although there are persuasive advocates of the creation of a doctrine of personality rights,[40] and there is also no definite rationale for an absolute rejection,[41] it would seem the decision in Fenty should be welcomed because there are substantial drawbacks in the moral, economic and consumer protection justifications put forward. The decision develops passing off to a small degree to keep up with modern business practice without creating personality rights, which are not necessary as celebrities are already sufficiently protected. The tort of passing off has again demonstrated its inherent flexibility and that it is à ¢Ã¢â€š ¬Ã‹Å"closely connected to and dependent upon what is happening in the market pl aceà ¢Ã¢â€š ¬Ã¢â€ž ¢. To sum up, à ¢Ã¢â€š ¬Ã‹Å"without an element of consumer deception, English law in this area remains characteristically cautiousà ¢Ã¢â€š ¬Ã¢â€ž ¢,[42] and this should be welcomed. [1] J. Klink, à ¢Ã¢â€š ¬Ã¢â€ž ¢50 years of Publicity Rights in the United States and the Never Ending Hassle with Intellectual Property and Personality Rights in Europeà ¢Ã¢â€š ¬Ã¢â€ž ¢, (2003), 4 IPQ 363, p.366. [2] Irvine v Talksport Ltd [2003] EWCA Civ 423 [3] Reddaway v Banham (1896) 13 RPC 218 at 244 per Lord Halsbury [4] Reckitt Colman v Borden [1990] 1 WLR 491 at 499 per Lord Oliver [5] [2010] EWHC 2310 (Ch) [6] D. Meale, à ¢Ã¢â€š ¬Ã‹Å"Rihannaà ¢Ã¢â€š ¬Ã¢â€ž ¢s face on a T-shirt without a licence? No, this time ità ¢Ã¢â€š ¬Ã¢â€ž ¢s passing offà ¢Ã¢â€š ¬Ã¢â€ž ¢, (2013) 8(11) JIPLP 823, p.823. [7] C. Walsh, à ¢Ã¢â€š ¬Ã‹Å"Are personality rights finally on the UK agenda?à ¢Ã¢â€š ¬Ã¢â€ž ¢, (2013) 35(5) EIPR 253, p.253. [8] McCulloch v Lewis A May [1947] 2 All ER 845 [9] Lyngstad v Anabas Products [1977] FSR 62 at 67; [10] Wombles Ltd v Wombles Skips Ltd [1975] FSR 488 Ch D; [11] Lyngstad v Anabas Products [1977] FSR 62 [12] Halliwell O rs v Panini Ors (6 June, 1997, unreported) [13] Mirage Studiosv Counterfeat Clothing [1991] FSR 145 [14] [2002] FSR 60 at para 13-14 [15] J. Klink, op.cit., p.375. [16] Fenty v Topshop [2013] EWHC 2310 (Ch) at [46] [17] Ibid at [42] [18] Ibid at [72] [19] Ibid at [75] [20] Ibid at [2] [21] H. Beverley-Smith and L. Barrow, à ¢Ã¢â€š ¬Ã‹Å"Talk that tortà ¢Ã¢â€š ¬Ã‚ ¦of passing off: RIhanna, and the scope of actionable misrepresentation: Fenty v Arcadia Group Brands Ltd (t/a Topshop), (2014), 36(1) EIPR 57, p.61. [22] J. Locke, The Second Treatise of Government, (New York: Liberal Arts Press, 1952) [23] M.B. Nimmer, à ¢Ã¢â€š ¬Ã‹Å"The Right of Publicityà ¢Ã¢â€š ¬Ã¢â€ž ¢, (1954) 19 Law and Contemporary Problems 203, p.216. [24] J.T. McCarthy, The Rights of Publicity and Privacy, (New York: C.Boardman, 1987), s.1.1[B] [2] at 1-5; s.1.11[C] at 1-46. [25] M. Madow, à ¢Ã¢â€š ¬Ã‹Å"Private Ownership of Public Image: Popular Culture and Publicity Righ tsà ¢Ã¢â€š ¬Ã¢â€ž ¢, (1993), 81 CLR 125, p.182. [26] Ibid, p.190 [27] J. Fowles, Celebrity Performers and the American Public, (Washington D.C.: Smithsonian Institute Press, 1992), p.84. [28] J.T. McCarthy, à ¢Ã¢â€š ¬Ã¢â€ž ¢Melville B. Nimmer and the Right of Publicity: A Tributeà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1987) 34 UCLA LR1703, p.1710. [29] D.E. Shipley, à ¢Ã¢â€š ¬Ã‹Å"Publicity Never Dies: It just Fades Away, (1981) 66 Cornell LR 673, p.681. [30] H. Carty, à ¢Ã¢â€š ¬Ã‹Å"Advertising, Publicity Rights and English Lawà ¢Ã¢â€š ¬Ã¢â€ž ¢, (2004) 3 IPQ 209, p.251. [31] M. Madow, op.cit., p.211 [32] Ibid, p.218. [33] Ibid [34] H. Carty, op.cit., p.252. [35] S. Shiffrin, à ¢Ã¢â€š ¬Ã‹Å"The First Amendment and Economic Regulations: Away from a General Theory of the First Amendmentà ¢Ã¢â€š ¬Ã¢â€ž ¢, (1983) 78 NW ULR 1212, p.1258. [36] M. Madow, op.cit., p.233. [37] J. Roberts, à ¢Ã¢â€š ¬Ã‹Å"Face off: Rihanna wins à ¢Ã¢â€š ¬Ã…“image rightsà ¢Ã¢â€š ¬Ã‚  ca seà ¢Ã¢â€š ¬Ã¢â€ž ¢, (2013), 24(8) Ent LR 283, p.285. [38] A. De Landa Barajas, à ¢Ã¢â€š ¬Ã‹Å"Personality rights in the United States and the United Kingdom à ¢Ã¢â€š ¬Ã¢â‚¬Å" is Vanna too much? Is Irvine not enough?à ¢Ã¢â€š ¬Ã¢â€ž ¢, (2009) 20(7) Ent LR 253, p.258. [39] J. Roberts, op.cit., p.285. [40] S. Bains, à ¢Ã¢â€š ¬Ã‹Å"Personality rights: should the UK grant celebrities a proprietary right in their personality? Part 2à ¢Ã¢â€š ¬Ã¢â€ž ¢, (2013) 18(6) Ent LR 205 [41] [42] H. Beverley-Smith, op.cit., p.61.

Analysis Of Nothing Gold Can Stay - 1355 Words

Robert Frost wrote Nothing Gold Can Stay in 1923. Frost wrote this poem out of fear the world would end. He did not publish the entire poem and modified the first section. The first section is what is featured in print. By not publishing the entire piece, this leads me to believe he was going to publish the whole piece for a different reason than the reason he only published part of it. He may have targeted one audience with all of the piece, but then another audience with only part of the piece. Although Nothing Gold Can Stay has rhyming and emotions, it is a narrative, a poem that tells a story. It is a story of the seasons. It starts with spring and summer, and then it transitions into fall. To others, it could be a story that†¦show more content†¦Although it is a passage of time through the seasons, it could also be a passage of time throughout life, like I mentioned previously. Whenever we start as a baby, that is like spring. As we start aging, we also start dying, which is like fall. Nature is the name of the character in Robert Frosts, Nothing Gold Can Stay. Since Nature is the name of the character, it does suggest extra meaning to the poem. Provided that Nature is the character of the poem, the poem is definitely about the coming and going of the seasons. Rather than Robert Frost deliberately concealing information from the readers, he lets the readers imaginations float free by providing them with just enough information. The only thing that he doesnt tell us is what the gold symbolizes, which is up to us to decide. For the poem to have meaning to the reader, the reader has to have something that the gold symbolizes. The poem doesnt stress cultural ideas, such as the behavior, dress, or speech habits of a particular group or a historical period or event, whereas other poems about life and death could stress cultural ideas with ease. Robert Frost doesnt use any dialect, slang, or foreign words, provided that he is talking about nature and the seasons, which is everywhere in the world. Because Nothing Gold Can Stay talks about real things, it is an obvious reality; it is about the changing of seasons and the passing of a lifetime. The poem doesnt mention anything that is unrealistic orShow MoreRelatedAnalysis Of Nothing Gold Can Stay937 Words   |  4 Pagespolitical climate. This piece is a collection from 20th century poetry. This poem is a narrative about how nothing gold can stay. It is telling about anything perfect and beautiful and how they end up not staying. For example, when a baby is born and a mother gets to see her child for the first time, that is gold. Once it grows up it will not be innocent and perfect. The title Nothing gold can stay is relatively self explanatory with a little help from someone who knows a little about the poem. I didntRead MoreAnalysis Of Nothing Gold Can Stay1440 Words   |  6 PagesNothing Gold Can Stay was written post-World War 1, even though the poem was actually originally written in fear of the world ending. Eventually, however, the original poem did not make the mention to the Garden of Eden and rather expressed the poets fears of the world ending. Nothing Gold Can Stays style is a narrative, telling the story of natures or humans gold in a very musical and lyrical way, one where you could almost sing it as a song, should there be more lines of verse, like how itRead MoreAnalysis of Nothing Gold Can Stay2767 Words   |  12 PagesNOTHING GOLD CAN STAY Robert Frosts poem, Nothing Gold Can Stay, although quite short, contains powerful images that provide a unique insight to one of the many cycles of life. The title of the poem infers that the subject of this poem is something that was once beautiful and pure, but cannot remain so. On the surface, it seems the speaker of the poem is referring to Natures beauty can never remain. The first couplet Natures first green is gold/Her hardest hue to hold could represent theRead MoreAnalysis Of The Poem Nothing Gold Can Stay756 Words   |  4 Pagespoem, ‘Nothing Gold Can Stay’, by Robert Frost is an important part of S.E. Hinton’s The Outsiders. Explain how the poem relates to the key events in the novel. The Outsiders, a coming-of-age novel written by S.E.Hinton, tells the story of the loss of innocence due to violence and grief through fourteen year old Ponyboy Curtis’ eyes. Robert Frost’s 1923 poem, Nothing Gold Can Stay, is referred to in the novel. The author deliberately includes the poem to reject the idea of Nothing Gold Can Stay; showRead MoreAnalysis Of The Poem Nothing Gold Can Stay1262 Words   |  6 Pagesonce the poem was published the author of the poem Nothing Gold Can Stay was Robert Lee Frost. I think Robert frost based his poem on things he has seen in his life and based it off of nature. the poem was written in 1923. the poem was one of many poems the author robert frost wrote, its own poem but has the same author of multiple poem the main style of this poem is narrative. I think its narrative because the poem tells a story and digs deep into things found in nature. its not focused on a personRead MoreAnalysis Of Nothing Gold Can Stay By Robert Frost742 Words   |  3 Pagespoems story behind it. The title Nothing Gold Can Stay gives us a mood of sadness and loss. The title is not representing a contrast between two things, it is simply giving you an idea of the poems meaning. When you hear Nothing Gold can stay you think of loss and something precious being lost. Repetition in the Poem Even though the poem is rather short and doesnt contain much repetition; the word gold is used frequently because gold is what is symbolizing somethingRead MoreLiterary Analysis Of Robert Frosts Nothing Gold Can Stay970 Words   |  4 Pagespoetry. The style of Roberts Frosts poem Nothing Gold Can Stay, is a little bit of a confessional poem. I think this because it is maybe reflecting someones memories or experiences from the past about creation. As well as talking about seasons changing. An example of this is in the poem when it says But only so an hour. is talking about how our memories and life experiences are short. I think the title of Robert Frosts poem Nothing Gold Can Stay is not completely obvious. I know this becauseRead MoreEssay on Analysis of Robert Frosts Poem, Nothing Gold Can Stay707 Words   |  3 PagesAnalysis of Robert Frosts Poem, Nothing Gold Can Stay Robert Frost has a fine talent for putting words into poetry. Words which are normally simplistic spur to life when he combines them into a whimsical poetic masterpiece. His Nothing Gold Can Stay poem is no exception. Although short, it drives home a deep point and meaning. Life is such a fragile thing and most of it is taken for granted. The finest, most precious time in life generally passes in what could be the blink of an eye.Read MoreLiterary Analysis : Nothing Gold Can Stay By Robert Frost975 Words   |  4 Pagesbecause it is short and rhymes. There is a longer verision that has more stanzas. That poem would be a narative because it was long and told a story. Frost had intence feelings in Nothing Gold Can Stay. Nothing Gold Can Stay by Robert Frost was not obvious the reader had to make inferences of what the phrase nothing gold can stay is talking about. Since Frost was taking a political and dark view on might assume he would be representing how he believed the world was ending and being changed. In the 1920sRead MoreLiterary Analysis Of Robert Frosts Nothing Gold Can Stay893 Words   |  4 PagesThe author of Nothing Gold Can Stay is Robert Frost. He wrote the poem in 1923. Frost was born March 26, 1874 in San Fransico. His parents were William Prescott Frost and Isabelle Moodie. When he was in high school he started to get intersed in reading and writing poetry. After leaving school, Frosthad jobs as a teacher, a cobbler, and the editor of Lawrence Sentinel. His first poem published was My Butterfly, on Nov. 4th 1894 it appeared in the New York newspaper The Independent. And in 1895

Downsizing Essay Research Paper In today s free essay sample

Downsizing Essay, Research Paper In today s universe retrenchment has become good known in the corporate and concern universe. How do we as directors handle the effects of retrenchment, and is it ethical to downsize? These are two really of import inquiries and must be given a great trade of idea and consideration to all of those who are affected when it comes to downsizing in the corporate and concern universe. Over the last few old ages in organisations all around the universe we have seen phenomenal retrenchment. If you had drawn the typical organisation five old ages ago it would hold looked like a Christmas bar, today it looks more like a battercake ( Garters, Reg 4 ) . Corporations announced 677,795 occupation cuts in 1998, the highest figure of the decennary ( Hoffman, 1 ) . This is a really high figure for 1998, how will it be in the new millenary? The one chief inquiry is, is downsizing ethical? That is a difficult inquiry to inquire. We will write a custom essay sample on Downsizing Essay Research Paper In today s or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Some say it is, where others say it is non, and is necessary for a corporation to maintain bing in to twenty-four hours s market. When it comes down to downsizing I found it interesting from one writers position of the values to hold on a set of values to utilize as a mention point. Kenneth W. Johnson uses the acronym EPIC to specify the values set: E=Empathy- caring about the effects of 1s picks as they affect others. Bing concerned with the consequence one s determinations have on those who have no say in the determination itself. P=Patience- taking clip to see and consider the long-run effects of a pick before doing that pick and moving upon it. I=Integrity- devising picks that are consistences with each other and with the stated and operative values on empress. Endeavoring for ethical congruity in one s determinations. C=Courage- choosing to make what one believes is right even if the consequence will non be to everyon # 8217 ; s wishing or may take to personal loss. As directors how do we pro tect ourselves lawfully and with every bit much easiness as possible of the hurting of downsizing? One manner is to do certain you have a concern justification. The company establishes credibleness with both the departing and staying staff by holding a well-communicated consolidation program. A written statement that explains the concern grounds for the staffing alterations is imperative ( Hoffman, 1 ) . Review plant-closing ordinances to guarantee conformity with presentment Torahs for employees, province and local authorities functionaries. The written presentment should include the day of the month of the layoff, the justification, name and reference of unemployment, and the name of the province authorization you will be advising ( Hofffman, 1 ) . Measure the different occupations and see if they can be combined and so look at the employee s and see if they besides can be combined to those occupations. Most directors like to maintain the most productive employee s than those who are non. Before you do this do certain you have public presentation reappraisals on all employees or it could come back at you, because it is difficult plenty to put off employees. To do things a little easier the employees should hear of the downsizing signifier you every bit early as possible. That manner they can get down the procedure of looking for another occupation. The chief thing is to maintain in head is to handle those, as you would desire to be treated, that type of regard can travel a long manner. There are many more Hagiographas on this type of subject and others when it comes to concern, and I myself found it interesting, and at times a small frustrating to read what some concerns can or wont do for their employees. I know I will make every thing in my power to make right even if at times they may believe it is non. As for the category it would be wise to cognize the Immigration and Naturalization Services and outs of downsizing for legal proposes and for personal proposes. The cognition can travel a long manner and do it a small better for all of those concerned.

My Favorite Room (528 words) Essay Example For Students

My Favorite Room (528 words) Essay My Favorite RoomMy Favorite RoomCreated By My Recreation room is an excellent place to lounge; it is the den in my home. Where my family can listen to music, or just getaway from the rat race of society. This den offers superior comfort and entertainment. It is a â€Å"no work area†, which creates a soothing and peaceful environment. This room represents total rest and relaxation for the whole family. My family enjoys the den, because the air is cool with the slight fragrance of lemon pledge. The floors are of very thick soft carpet, for walking or lying. The ceilings are a mere six-feet, and walls of paneling in light colored oak. There is one window on each side of the room and one entrance door. The room has soft wall lighting and a comfortable living room suit for watching movies. The furniture is large and of contemporary styling. The couch has all the lazy boy features and is made of the finest soft Italian leather. In front of that is a large coffee table of thick glass supported by thick gray marble and end tables that match. The entertainment center is a full wall unit made of red oak. The entertainment center offers a wood bound big screen television. It has awesome surround sound and complete remote features. It is equipped with a digital videodisc player, that adds to the televisions’ clarity for life like action movies. The center also houses a full collection of digital videodisc movies for the families’ viewing pleasure. The stereo is located in the top of the wall unit. It consists of a high-end receiver, a digital optical compact disc player, and the traditional double cassette player. These items allow very high quality music to be played at high and low volumes. The speakers are carefully placed to allow my family and guest to hear real quality surround. On the sides of the center are CD racks that have a wide array of music. There are two types of games available, a Nintendo 64 and a pool table. The pool table is a Brunswick Bristol with a slate top and quiet rubber pockets. This table and Nintendo allows for the family to enjoy a friendly game during the day for stress relief and recreation. A refrigerator is available with soothing refreshments and hardy snacks for family and friends to enjoy. A few other features have been added to create an environment with reduced stress and enhanced relaxation. The installation of soundproofing was added to the walls for reduction of outside noise and greater acoustics. Some rules were put in place to maintain a peace of mind, Music must be at low volumes at night, and Games will only be played during the day. These rules will allow the preservation of the rooms serenity. This den has the properties of rest and relaxation for the whole family. It would be almost impossible not to enjoy this room. This room may not be the dream of everyone, but it is one of mine. It allows the family to sit and rest and enjoy life together in peace and harmony. English Essays

Psychology A Science Essays - Behavioural Sciences, Psychology

Psychology A Science annon In order to answer this question it is important to understand the definitions of both psychology and science. The word 'psychology' comes from the Greek 'psyche' (or soul) and 'logos' (or study), which came to be known as the 'study of the soul'. The American Heritage Dictionary defines psychology as: 1. the science dealing with the mind and with mental and emotional processes 2. the science of human and animal behavior. In its pure definition the dictionary has provided us with a clue to the answer, it describes science as: 1. systematized knowledge derived from observation, study, etc. 2. a branch of knowledge, esp. one that systematizes facts, principles, and methods 3. skill or technique In order to prove this claim we have to look at whether or not psychology can fill this definition above. Scientific study is a valid way of coming to an understanding of life, and can be very useful in every area of life. Science develops theories based on what is observed. It examines each theory with rigorous and scrupulous tests to see if it describes reality. The scientific method works well in observing and recording physical data and in reaching conclusions which either confirm or nullify a theory. During the mid-19th century, scholars (although at that time probably termed philosophers) wanted to study human nature with the aim of applying the scientific method to observe, record, and treat human behavior that was deemed as unnatural. They believed that if people could be studied in a scientific manner, there would be a greater accuracy in understanding present behavior, in predicting future behavior, and, most controversially, in altering behavior through scientific intervention. There are many areas of psychology, each attempting to explain behavior from slightly different perspectives; Social psychology is concerned with the effects of social situations on human behavior. Personality theorists study individual behavior. Comparative psychologists study animal behaviors across the range of species Physiological psychologists are concerned with the biological basis of behavior. Developmental psychologists study principles and processes responsible for change throughout life. Cognitive psychologists investigate memory, thought, problem solving, and the psychological aspects of learning. Analysis of behavior studies the conditions under which a behavior can be learned and the situations that cause that behavior to occur. Learning is an area of psychology exploring how new behaviors are learned and maintained. Clinical psychologists study ways to help individuals and groups of individuals change their behavior. Industrial and organizational psychologists are concerned with the physical and social aspects of people's work environments as they affect work output. Community psychologists use scientific methods to study and solve social problems. As Western describes, the psychological paradigm is a collection of assumptions used to make sense of a subject area or experience, this can be applied to psychology itself. Psychology lacks one unified paradigm but has four perspectives that search for its understanding; The pyschodynamic perspective believes that behavior is a result of unconscious processes, personal motivation and early childhood experiences. It's most famous advocate was Sigmund Freud. Its method of data collection rely heavily on interpreting discussion, dreams and fantasies, actions, case studies and a limited amount of experimentation. The behaviorist perspective believes that behavior is learned and selected by environmental consequences. Its method of data collection relies heavily on experimentation conducted in the scientific laboratory where the factors studied can be controlled; or it may take place in a real life setting where more natural behavior is studied and far more variables exist. The cognitive perspective believes that behavior is a result of information processing, storage in the brain, transformation and the retrieval of information. The methods of data collection used are again experimentation but with much use of computer modeling. The evolutionary perspective believes that psychological processes echo the evolutionary processes of natural selection. Its method of data collection includes the deduction of explanations for behavior, and comparisons between species and cultures. It also involves a limited amount of experimentation. Of these four perspectives all lend common similarities to the traditional sciences. All have elements of controlled experimentation, as does physics or chemistry. Cognitive perspectives use computer modeling, as does mathematics. There are similarities, but there are also differences to any other sciences, such as the study of dreams and fantasies. The methods of experimentation and research in psychology is completed on a scientific basis. Psychological experimental research would involve the manipulation of a situation to examine the way in which the subjects of an experiment react, in order to observe cause and effect. The experimenter manipulates independent variables and the subjects responses would prove the dependant variables. By measuring the subjects responses, the experimenter can tell if the manipulation has had an effect. Psychological hypotheses are sought to operationalise - to

What Is It?

What Is It?Gmat argument essay sample is an online test, which gives students a chance to polish their writing skills by addressing various issues. Students in the course have to take the test using either their own computer or the internet. The format of the online test consists of five written sections which students can choose from. Each section has its own objectives and sample questions.Gmat argument essay sample presents students with many problem-solving tasks. All students are asked to write a research paper on the topic of their choice, as well as the corresponding summary. The research paper should contain a thorough analysis of the same. Students are required to follow the objectives of the essay and write a two-page summary based on that.The Gmat argument essay sample makes use of four paragraphs. The first paragraph is the introduction, while the second one contains the key ideas, and the third one is the conclusion. The fourth paragraph provides suggestions for the rest of the paper. As the name suggests, the fifth paragraph contains the reasons why the conclusion is the case. This will help students understand the overall structure of the paper.The number of characters used in the body of the essay shouldn't use keywords and this rule is followed by all the paragraphs. Words in the first, second, third, and fourth paragraph must not be capitalized. Students also have to be careful about using the passive voice in this section, which is where they simply sum up previous ideas without actually providing any new facts.Gmat argument essay sample helps students write a paper based on a particular topic. Most of the questions in the sample are from hypothetical questions, but some are designed to test more advanced skills. The sample has multiple-choice questions for students to answer, and written and oral exams for them to pass.Students are given individual results based on their essays. Their marks are provided after they have taken the tests. Stude nts can earn more points for their oral skills when they can successfully deliver their research paper. Other parts of the test include description writing, arguments, persuasive writing, and persuasive presentation.An essay sample has no connection with the student's school, but this doesn't mean that students can't take the exam. However, students need to be aware of the fact that they need to pass the exams to get the certification. In other words, they need to achieve the required score to be allowed to take the certification. To do this, they have to practice and hone their skills. Gmat also gives every student with a free exam and practice test to help them practice the concepts needed in this exam.Before taking the test, it is always a good idea to prepare your essay by reading the samples and taking the practice tests. Knowing how to write well and how to read a text is important when working on a persuasive essay. Once you know the basics, taking the written exam will be mu ch easier.

Free Essays on Charles Manson

Charles Manson is known as one of the most sinister and evil criminals of all time. He organized the murders that shocked the world and his name still strikes fear into American hearts. Manson's childhood, personality, and uncanny ability to control people led to the creation of a family-like cult and ultimately to the bloody murders of numerous innocent people. Charles M. Manson was born in Cincinnati, Ohio on November 11, 1934. His mother, Kathleen Maddox, was a teenage prostitute. Manson's father walked out on the still pregnant Maddox, never to be seen again. In order to give her bastard son a name, Ms. Maddox married William Manson. He soon abandoned the both of them. Manson's mother often neglected Charles after her husband left her. She tried to put him into a foster home, but the arrangements fell through. As a last resort she sent Charles to school in Terre Haute, Indiana. Mrs. Manson failed to make the payments for the school and once again Charles was sent back to his mother's abuse. At only fourteen, Manson left his mother and rented a room for himself. He supported himself with odd jobs and petty theft. His mother turned him into the juvenile authorities, who had him sent to "Boys Town," a juvenile detention center, near Omaha, Nebraska. Charles spent a total of three days in "Boys Town" before running away. He was arrested in Peoria, Illinois for robbing a grocery store and was then sent to the Indiana Boys School in Plainfield, Indiana, where he ran away another eighteen times before he was caught and sent to the National Training School for Boys in Washington D.C. Manson never had a place to call "home" or a real family. He spent his childhood being sent from one place to another, and trouble always seemed to follow him. His mother's negligence left Manson without a home and without much of a future. Manson turned to crime to support hi... Free Essays on Charles Manson Free Essays on Charles Manson Charles Manson is known as one of the most sinister and evil criminals of all time. He organized the murders that shocked the world and his name still strikes fear into American hearts. Manson's childhood, personality, and uncanny ability to control people led to the creation of a family-like cult and ultimately to the bloody murders of numerous innocent people. Charles M. Manson was born in Cincinnati, Ohio on November 11, 1934. His mother, Kathleen Maddox, was a teenage prostitute. Manson's father walked out on the still pregnant Maddox, never to be seen again. In order to give her bastard son a name, Ms. Maddox married William Manson. He soon abandoned the both of them. Manson's mother often neglected Charles after her husband left her. She tried to put him into a foster home, but the arrangements fell through. As a last resort she sent Charles to school in Terre Haute, Indiana. Mrs. Manson failed to make the payments for the school and once again Charles was sent back to his mother's abuse. At only fourteen, Manson left his mother and rented a room for himself. He supported himself with odd jobs and petty theft. His mother turned him into the juvenile authorities, who had him sent to "Boys Town," a juvenile detention center, near Omaha, Nebraska. Charles spent a total of three days in "Boys Town" before running away. He was arrested in Peoria, Illinois for robbing a grocery store and was then sent to the Indiana Boys School in Plainfield, Indiana, where he ran away another eighteen times before he was caught and sent to the National Training School for Boys in Washington D.C. Manson never had a place to call "home" or a real family. He spent his childhood being sent from one place to another, and trouble always seemed to follow him. His mother's negligence left Manson without a home and without much of a future. Manson turned to crime to support hi...

Apple Inc., 2008 Case Study

Executive Overview Apple has been established for over 30 years since Steve Jobs and Steve Wozniak founded Apple Computer in 1976. During Steven Jobs’s tenure as CEO, Apple’s mission was to bring an easy-to-use computer to market. However, Apple was not performing as good as Jobs projected, so he resigned in 1985. In the following 12 years, Apple experienced three different CEO’s and still could not be brought back to life. Under John Sculley, Apple worked to drive down costs by switching much of its manufacturing to subcontractors. But these efforts were not enough to sustain Apple’s profitability. During the Michael Spindler years, international growth became a key objective for Apple. Yet despite Spindler’s efforts, Apple lost momentum. Soon after Gilbert Amelio replaced Spindler as CEO, he proclaimed that Apple would return to its premium-price differentiation strategy. Despite some austerity moves, Apple lost its competitiveness and could not regain its share in the market. In 1997, Steve Jobs came back again as the CEO of Apple. This time he had a new game plan, and Apple started to focus on the digital lifestyle for consumers. Internally, Jobs worked to streamline operations and to reinvigorate innovation. This proved to be Apple’s most successful business strategy to date because a once ineffective company now has ruled the computer world. In order to understand this situation, Apples competitive advantages and industry forces must be analyzed. Competitive Advantages Apple has been in business since 1976, and has built quite a few competitive advantages along the way. Obviously, innovation has been at the forefront of Apple’s ability to compete in the world market. Other than that advantage, brand loyalty, product differentiation, superior quality, and retail strategy are also its advantages when competing with other brands. Innovation Steve Jobs and Steve Wozniak sparked the PC revolution, making the world of computers on Apple’s head. The Apple II launched in 1978 drove the PC industry to $1 billion in annual sales in less than three years. Even if initially regarded as a toy by many other businesses, Apple soon revealed itself as a feasible substitute to the traditional mainframe. It continued to demonstrate its ingenuity. For example, it was the first to introduce a computer with color, a graphical interface, and many other firsts. These inventions defined Apple and its business strategies. On the basis of its all bundled package of hardware and software, Apple became synonymous with usability. Brand Loyalty In 1998, Jobs recognized that customers really wanted a Macintosh. Apples brand commitment is strong. Since 1970s, Apple user communities have been founded to connect together with enthusiasms. One of the main reasons to this is Apples ease of use. Adding extra hardware and software to a Mac is almost as easy as plugging speakers into a stereo system. Due to this advantage, Apple forms a strong relationship with its consumers, especially within the education and desktop publishing industries, which accounted for 60% and 80% of its market position respectively during the Spindler years. Product Differentiation Apple’s system continues to be one of the advantages because its closed operating system is not subject to the computer viruses and hacking that often destroy the Microsoft Windows operating system. In marketing its Mac products, Apple stressed characteristics that differentiated them form other PCs while also highlighted their interoperability with other machines. Apple trumpeted the Mac as an â€Å"Everything-ready† device that worked well with other devices. The feature of the closed system while incorporating well with other devices makes Apple more unique than other PCs. Superior Quality Apple’s high-quality bundled software distinguished the Macintosh line, such as iLife suite and iWork. In 2001, Apple introduced MAC OS X, offering a steadier environment than previous Mac platforms. In addition, Apple always urged its users to upgrade OS X every 12 to 18 months, with the aim of always providing a stable operating system to its users. Retail Strategy After Jobs returned to Apple, he revamped Apple’s distribution system, removing relationships with many smaller outlets and extending its presence in national chains. In 1997, Apple also started a website to sell its products directly to customers. Its retail strategy was regarded as a huge success. More importantly, people who visited the stores for iPod products usually checked the Mac too. This â€Å"halo effect† greatly benefited Apple’s Mac business. Porter’s Five Forces Analysis of Apple Current Competition Apple’s current rivalry is very competitive and intense. The PC industry has quite low switching costs, so the current competition is pretty high. Apple confronts tough competition from IBM, Dell, HP, and etc. Threat of Substitute Products The more differentiation of the product, the less likely the change to a substitute will happen. Apple’s operating system differentiation can always require higher pricing. However, owing to technology improvement, the â€Å"digital convergence† of PC and CE (consumer electronics) products has become more substantial in the PC market. Many different alternative devices have started to replace PCs. Therefore, this threat is becoming higher to Apple. Threat of New Entrants This threat is low since the existing companies have established powerful brand awareness. The computer industry is very saturated and new entrants would be reluctant to enter this industry. Bargaining Power of Suppliers There are two types of suppliers: microprocessors and operating systems with few sources as well as memory chips, disk drives, and keyboards with many sources. The bargaining power of the former one is high since there are mainly two sources: Intel and Microsoft. The bargaining power of the latter one is low since numerous suppliers exist in this industry. Bargaining Power of Customers As mentioned earlier, the switching costs are low. Such situation places the customers in a strong position that only companies with high product differentiation could increase the switching costs. Since product differentiation is one of Apple’s advantages to compete in this market, the bargaining power of buyers is not high to Apple. Conclusion Generally speaking, the PC industry is an intensely competitive segment. With technology undergoing paradigm changes, it could make life hard for Apple to deal with these shifts. These dynamics does not seem advantageous for Apple but simultaneously Apple has been able to maintain its technological brain and designer approach to walk away from this difficult position. Actually, Apple could transform some of these problematic features into opportunities. We all know that a key factor in bringing people into the stores is the popularity of the iPod. Most of the time, the purpose of People coming to the stores is not for Mac. No matter what brings customers to Apple stores, Apple should take advantage of this chance. This halo effect needs to be capitalized to the maximum extent. In addition, although some people complain Apple’s closed operating system, it is still seen as a secure, safe, and reliable system. Apple should try to make its system less closed, incorporating more other devices. Thus, people can use Apple more easily without too much restriction.