Covenants, Leases and Possession - Free Essay Example

Sample details Pages: 5 Words: 1368 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Analytical essay Did you like this example? A. Whether the covenants in the head lease are binding on Jabba. To begin with, it is imperative to note that, once a lease has been assigned to the new tenant, they are liable for their breaches of covenant. However the solution to this query depends on whether the assignment of the lease complies with the criteria stipulated in Spencerà ¢Ã¢â€š ¬Ã¢â€ž ¢s Case (1583) (5) Co Rep 16a[1]. These requirements are as follows: Don’t waste time! Our writers will create an original "Covenants, Leases and Possession" essay for you Create order There must be privity of estate between the parties, that is, a relationship between the current property owner and current tenant. There must be a legal lease. The lease must have been assigned legally. The covenant must touch and concern the land. In this matter, the lease inter alia meets all the above criteria. Consequently, the covenant in the head lease is legally binding to Jabba. Esmeralda has not received any rent from Jabba for at least ten months. The characteristics of a lease were laid down by the House of Lords in the case; Street v Mountford [1985] AC 809.Lord Templeman stated: à ¢Ã¢â€š ¬Ã…“To constitute a tenancy the occupier must be granted exclusive possession for a fixed or periodic term certain in consideration of a premium or periodical payments.à ¢Ã¢â€š ¬Ã‚  However, in yet another case law; Ashburn Anstalt v Arnold [1989], contradictory to Street v Mountford [1985], it was concluded that the payment of rent is not a requirement[2]. This is because it is not contained in the definition in section 205(xxvii), LPA 1925. From that standpoint, the best manner in which Esmeralda can resolve this matter is through the forfeiture of the lease: Forfeiture of Leases When a property owner forfeits his tenantà ¢Ã¢â€š ¬Ã¢â€ž ¢s lease, he effectively revokes the lease, leaving the tenant with nothing. In order for the property owner to forfeit the lease, there has to have been a breach of contract and a forfeiture clause in the lease. It is solely up to the property owner as to whether he/she will forfeit the lease. A lease may be rendered forfeit either for: Non-payment of rent. Breach of other (non-rent) agreements. In this matter, Jabbaà ¢Ã¢â€š ¬Ã¢â€ž ¢s failure to pay rent for ten months is enough ground for Esmeralda to render the lease forfeit. Esmeralda has yet to receive any advertising advice from Jabba. As mentioned in the matter above, for the property owner can forfeit the lease where there is a breach of other (non-rent) covenants. However, we need to consider in what circumstances covenants become enforceable between the old property owner and a new tenant. The answer to this query depends on whether the assignment of the lease complies with the criteria from Spencerà ¢Ã¢â€š ¬Ã¢â€ž ¢s Case (1583) 5 Co Rep 16a. According to the fourth requirement of Spencerà ¢Ã¢â€š ¬Ã¢â€ž ¢s Case (1583), à ¢Ã¢â€š ¬Ã‹Å"the covenant must touch and concern the land.à ¢Ã¢â€š ¬Ã¢â€ž ¢ In a related case, Lord Oliver formulated rules that provide a working test that determines whether a covenant touches and concerns the land. A covenant touches and concerns the land where: The covenant benefits only the reversioner for the time being, and if separated from the reversioner ceases to be of benefit to the covenantee. The covenant affects the quality, mode of user, value, or nature of the land of the reversioner; The covenant is not expressed to be personal. The fact that a covenant is to pay a sum of money will not prevent it from touching and concerning the land so long as the three conditions are satisfied and the covenant is connected with something to be done on, or in relation to the land[3]. According to part à ¢Ã¢â€š ¬Ã‹Å"d)à ¢Ã¢â€š ¬Ã¢â€ž ¢ above, the covenant demanding that Jabba provide Esmeralda with advertisement advice is enforceable considering it does touch and concern the land. Jabbaà ¢Ã¢â€š ¬Ã¢â€ž ¢s failure to comply with the covenant is therefore tantamount to breach of contract. Esmeralda therefore has ground to sue Jabba for breach of contract in this matter. B. Adverse Possession. Adverse possession, commonly known as à ¢Ã¢â€š ¬Ã‹Å"squattingà ¢Ã¢â€š ¬Ã¢â€ž ¢, involves possession of land that is incompatible with the title of the owner. This leads to the adverse possessor gaining title to the land[4]. There are various essential determinants for evidence of adverse possession illustrated as follows: Proof of adverse possession In this matter, Esmeralda, clear to the world and to the exclusion of others, demonstrated her intention to possess the piece of land in dispute. The intention to possess can be demonstrated by conduct provided it is unequivocal and indicates that the squatterà ¢Ã¢â€š ¬Ã¢â€ž ¢s intention to possess the land has been made open to the world[5]. Relevant case law would be; Prudential Assurance Co Ltd v Waterloo Real Estate [1999] EGLR 85[6]. Running of the necessary time period According to section 15 of the Limitation Act 1980, once 12 years have elapsed, the owner is barred by statute from suing the squatter to recover the land. Note that the Land Registration Act 2002 only applies to unregistered land. In this matter, the land in question had been registered under Anakimà ¢Ã¢â€š ¬Ã¢â€ž ¢s ownership. Under section 17 Limitation Act 1980, after 12 years of adverse possession the registered proprietorà ¢Ã¢â€š ¬Ã¢â€ž ¢s title is extinguished. The squatter, at this point is allowed to apply for registration as the registered proprietor of the land at the Land Registry[7]. NOTE: The squatter must prove that he/she has both factual possession and animus possidendi[8]. Esmeralda displayed both when she used the piece of land to plant her crops. Being such a small piece of land, it is reasonable to conclude that she used the land for the same purpose that Anakim would have used it for (Factual Possession). Concurrently she made it known to the world tha t she intended to possess that piece of land (Animus Possidendi)[9]. In addition, Anakim, the registered proprietor, delayed 18 years in making an objection regarding the fence erected by Esmeralda while the stipulated time period within which an objection is allowed is 12 years[10]. Anakim therefore has no legal claim to the land. Esmeralda would be within legal confines applying/obtaining registration for the piece of land at the Land Registry. Section 15 of the Limitation Act 1980 states,à ¢Ã¢â€š ¬Ã‹Å"no action shall be brought by any person to recover any land after the expiration of twelve years from the date on which the right of action accrued to himà ¢Ã¢â€š ¬Ã¢â€ž ¢. On the other hand, Schedule 6 para 5 Land Registration Act 2002 stipulates that: à ¢Ã¢â€š ¬Ã‹Å"Where there is a counter-notice within the specified time limit, then the squatters application for registration will be rejected unless that squatter satisfies one of the three conditions set out in Sch edule 6 para 5 Land Registration Act 2002: Where the registered proprietor is stopped from objecting. In this matter Anakin has been stopped from objecting under section 17 of the Limitation Act 1980; after 12 years adverse possession the à ¢Ã¢â€š ¬Ã‹Å"original ownersà ¢Ã¢â€š ¬Ã¢â€ž ¢ title is extinguished. Where the squatter has some independent right to the land. Where (i) the squatter owns neighboring land and (ii) the boundary is unclear and (iii) for at least 10 years the squatter reasonably believed that the land belonged to him and (iv) the land has been registered for at least a year[11]. Esmeralda meets the first and third criteria. Having established that, the defendant, Esmeralda has the ground to apply for proprietorship over the disputed piece of land. Bibliography Books Martin Dixon, Modern Land Law, 8th Ed A |2012| Adverse Possession. Peter Butt, Land Law, 6th Edition |2009|Lawbook Co., AUSTRALIA. Roger SextonBarbara Bogusz, Land Law |2011|Oxford University Press. Legislation Land Registration Act 2002 Law of Property Act 1925 Limitation Act 1980 Cases J.A.Pye (Oxford) v Graham [2002] 3 WLR 221 Powell v McFarlane [approved in J.A.Pye (Oxford) v Graham [2002] 3 WLR 221 Swift Investments Ltd v Combined English Stores Group Ltd [1989] AC 362 [1] A lease contained an agreement that the tenant would erect a wall. The lease however was assigned twice. The court ruled that the burden of lease agreements that touch and concern are passed to the assignees of that lease. [2]Law of Property Act 1925 [3]Swift Investments Ltd v Combined English Stores Group Ltd[1989] AC 362 [4]Peter Butt, Land Law, 6th Edition |2009| Law book Co., AUSTRALIA. [5]Martin Dixon, Modern Land Law, 8th Ed |2012| Adverse Possession. [6]à ¢Ã¢â€š ¬Ã‹Å"The squatter need not intend to own, only to possess the land.à ¢Ã¢â€š ¬Ã¢â€ž ¢ [7]Sexton and Bogusz, Land Law |2011| Oxford University Press. [8]J.A.Pye (Oxford) v Graham [2002] 3 WLR 221 [9]Powell v McFarlane [approved in J.A.Pye (Oxford) v Graham [2002] 3 WLR 221. [10]Limitation Act 1980.s.15 [11]Limitation Act 1980.s.17.

Prostitution in the 19th and 20th Centuries Essays

During the late 19th- and early 20th century, the nature of society forced the working class women of America to take advantage of any means to support themselves, including prostitution. Each woman had to decide herself which work option best supported her financially. During this time, women had limited options as far as work was concerned. As time went on, more and more women were forced to work, because they had no husband and no other means of building up a dowry for a husband. By 1910 the wage labor force was made up of about 20% of women as young as fourteen. The wages these women earned were unbelievably low, and at times as much as 80% lower than the wages men earned. Possible job opportunities for the women included†¦show more content†¦Through prostitution, the women also had more independence. They had the right to control when they worked, and who their clients were. Their health was better protected as well. They weren’t running the constant hea lth hazards that factory working provided. They could also afford clothing, their own rooms, and other luxuries. However, there were also several critical down-falls of prostitution. The higher-class society was hard on prostitutes, claiming they only worked for silly, frivolous reasons. Society began to insist more and more that respectable women have no sexual passion. Most women submitted to this belief in order to be sacrificial and withhold their virtuous reputation. Society assumed that any woman who took part in prostitution enjoyed sex. Working women were also presumed sexual simply because they were involved with the public sphere. Therefore, prostitutes were considered the downfall of women. However, there were others in society who claimed that prostitution was a â€Å"necessary evil† which must be regulated. 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Management Decision Making Free Essays

A Good Decision Making is the advantage of linking with Xiu. com for eBay. They link with each other because they have a common business idea and goal. We will write a custom essay sample on Management Decision Making or any similar topic only for you Order Now However, a good decision making is very important to achieve the business goal. Decision-making are important skills for business. Problem-solving and decision-making are linked. They also require creativity in identifying and developing options. SWOT analysis and PEST analysis are very useful to help decision-making and problem-solving. SWOT analysis can help to assess the strength and weakness of the companies, and opportunities and threats of external factors. PEST analysis can help to assess the potential and suitability of market. Good decision-making requires some skills. For example, creative development and identification of options, clarity of judgement,firmness of decision, and effective implementation. Moreover, Partnership companies need to have consensus in decison-making, workshops can help and include those tools and process. Problem Solving and Decision Making) There are six steps for companies to make deicison. First, define the problems. Second, combine all the facts and understand the reasons. Third, think about some possible solutions. Fourth, consider and compare the advantages and disadvangatages of the possible solutions. Fifth, select the best solution. Sixth, explain your decision to employee sand follow up to make sure the effective implementation. When the partnership companies make the dec isions, Xiu. om and eBay can share the risks,costs and the loss(or profit). Also, they can have more sources of capital to put into the busines and make a better decision to have more potential for growth. They can less their problems in financial investment. They can support each other,make a good decison and solve the problems in business together for the betterment of the company. eBay and Xiu. com the partners have different skills because eBay provides service to US people and Xiu. com provide service to mainland people. When hey work together, their skills and talents compliment each others can make a good business team because they have more information and knowledges to make a good decision. Partnership companies always have delay when they make decision because they need to consider the partners and need to have their partners’ agreement. Also, the most obvious disadvantages of partnership is the danger of disagreements between the partners. The companies will have d ifferent ideas when they make the decisons about how business should run. Disagreements and disputes can harm the business and the relationship of partners. There are many families and friends go into business together and they all ends badly because they have many agruements when they make decisions. (Advantages and Disadvantages of Partnership) The companies need a big amount of capital when they make the decision. However, one of the partners can take all the capital in company. It has a lot of risks to have partnership with others. Recommendation: There has a lot of competitors in e-commerce service provider. For example, Tmall. com is a big competitor to eBay. com and Xiu. com when they link up because Tmall. com is the mainland’s largest business in e-commerence service provider. To solve this problem, eBay and Xiu. com can make a good decison. eBay can connect the online shoppers in mainland to some trusted sellers in the United States and Xiu. com can handle the sales, logistics and customer services to mainland customers. This decision can help them gain more customers around the world, have a larger profit in thir business and fight against the competitiors. To avoid the disagreements and disputes problems, the companies should draft a decision plan during the formation to make sure everyone know the procedures and the information of the decisions. They should have a good communication to help them not to delay and make mistakes when they make decisions. To avoid working with dishonest partners, they should choose a trustworthy partner,plan well and keep a good relationship with your partners. It can help each other to catch up the business and develope the trust. Also, it can help them to have better communication and it can have less agruements when they make the decisions. How to cite Management Decision Making, Essay examples Management Decision Making Free Essays A Good Decision Making is the advantage of linking with Xiu. com for eBay. They link with each other because they have a common business idea and goal. We will write a custom essay sample on Management Decision Making or any similar topic only for you Order Now However, a good decision making is very important to achieve the business goal. Decision-making are important skills for business. Problem-solving and decision-making are linked. They also require creativity in identifying and developing options. SWOT analysis and PEST analysis are very useful to help decision-making and problem-solving. SWOT analysis can help to assess the strength and weakness of the companies, and opportunities and threats of external factors. PEST analysis can help to assess the potential and suitability of market. Good decision-making requires some skills. For example, creative development and identification of options, clarity of judgement,firmness of decision, and effective implementation. Moreover, Partnership companies need to have consensus in decison-making, workshops can help and include those tools and process. Problem Solving and Decision Making) There are six steps for companies to make deicison. First, define the problems. Second, combine all the facts and understand the reasons. Third, think about some possible solutions. Fourth, consider and compare the advantages and disadvangatages of the possible solutions. Fifth, select the best solution. Sixth, explain your decision to employee sand follow up to make sure the effective implementation. When the partnership companies make the dec isions, Xiu. om and eBay can share the risks,costs and the loss(or profit). Also, they can have more sources of capital to put into the busines and make a better decision to have more potential for growth. They can less their problems in financial investment. They can support each other,make a good decison and solve the problems in business together for the betterment of the company. eBay and Xiu. com the partners have different skills because eBay provides service to US people and Xiu. com provide service to mainland people. When hey work together, their skills and talents compliment each others can make a good business team because they have more information and knowledges to make a good decision. Partnership companies always have delay when they make decision because they need to consider the partners and need to have their partners’ agreement. Also, the most obvious disadvantages of partnership is the danger of disagreements between the partners. The companies will have d ifferent ideas when they make the decisons about how business should run. Disagreements and disputes can harm the business and the relationship of partners. There are many families and friends go into business together and they all ends badly because they have many agruements when they make decisions. (Advantages and Disadvantages of Partnership) The companies need a big amount of capital when they make the decision. However, one of the partners can take all the capital in company. It has a lot of risks to have partnership with others. Recommendation: There has a lot of competitors in e-commerce service provider. For example, Tmall. com is a big competitor to eBay. com and Xiu. com when they link up because Tmall. com is the mainland’s largest business in e-commerence service provider. To solve this problem, eBay and Xiu. com can make a good decison. eBay can connect the online shoppers in mainland to some trusted sellers in the United States and Xiu. com can handle the sales, logistics and customer services to mainland customers. This decision can help them gain more customers around the world, have a larger profit in thir business and fight against the competitiors. To avoid the disagreements and disputes problems, the companies should draft a decision plan during the formation to make sure everyone know the procedures and the information of the decisions. They should have a good communication to help them not to delay and make mistakes when they make decisions. To avoid working with dishonest partners, they should choose a trustworthy partner,plan well and keep a good relationship with your partners. It can help each other to catch up the business and develope the trust. Also, it can help them to have better communication and it can have less agruements when they make the decisions. How to cite Management Decision Making, Papers

The church on homelessness Essay Example For Students

The church on homelessness Essay The church on homelessness Essay The view of the church to the homeless is generous and envangelistic commitment. The church also shows a special love for the poor. The church just being there and its charitable help for the homeless shows what God would want the church to do for the homeless. The church is very conscious that the lack of decent housing threatens the poor. The church is grateful for the creation of organizations that help to make the right to housing possible for many homeless people. Examples of such organizations are shelters and witness of the local churches. Pope Paul VI himself personally promoted a program aimed at providing housing for some families who were living in a Roman slum. The concern of the church for housing for the homeless comes from three ideas: 1) Adequate housing is important if a person is to find fulfillment, both as an individual and as a member of a family and society. 2) The witness that the church seeks to give in helping in the search for a solution to the problems of the poor is a sign of the presence of the kingdom of salvation and liberation. 3) The mission of the church also consists in helping to make society more human. The Catholic Church agrees with these three ideas and also makes its own judgement on the suffering of these millions of people. From the time of the earliest Christian communities, the church has always shown a preference for the poor, the needy, and on the outcasts of society. The way that the church insists on reaching out to the poor through mission collections, food pantries, and shelters shows the preferential love that the church has for these people. The church has always appealed to government programs set up to help the poor and has always supported cities to set up housing programs in the poorest areas As long as there are people without housing, Christians who have dwellings are called upon to assist homeless persons to provide for their basic needs. Many church congregations and ministry organizations of the Catholic Church in America offer food, shelter, respect, care, and counseling to the homeless. Many volunteers help in food pantries, shelters, group homes, and other forms of service with the homeless. The Church as a whole has made a very positive impact in the effort to eliminate homelessness. .

The Marketing Concept †Development, Stakeholders, and Future Directions

Introduction Marketing is a process that involves determining the kind of products and services that interest customers. According to Pride and Ferrell (2006, p.4), â€Å"marketing involves, distributing, promoting and pricing goods, services and ideas to facilitate satisfying exchange relationships wit customers in a dynamic environment.† This process also determines the various strategies used in sales; firms are able to build strong relationships with their customers, hence creating value for their customers and other stakeholders.Advertising We will write a custom essay sample on The Marketing Concept – Development, Stakeholders, and Future Directions specifically for you for only $16.05 $11/page Learn More Marketing enables entrepreneurs to identify their customers, satisfy them, and retain them via achieving customer loyalty. O’Shaughnessy (1995, p.4) defines marketing as the performance of business activities, which are direct ed towards flow of goods from the manufacturer to the consumer. In addition, the main activities of marketing include finding the need of a market and selecting the categories of customers whose needs can be met by the interested firm compared to other rival firms. The kind of offering used should be determined such as product, price, or promotion that meets the needs of a customer. Customers should also be informed about the kind of offering available, as well as how to obtain it (O’Shaughnessy, 1995, p.5). Customers are mainly interested in the value of a product, and how it benefits them; marketing also involves the creation, offering and exchange of products to meet satisfaction. Nevertheless, individuals are associated with various needs which are influenced by social forces. The Marketing Concept and its Development The marketing concept argues that organizational goals can only be achieved via effectiveness of a firm compared to its competitors. This concept lies on fo ur pillars – customer needs, target market, integrated marketing and profitability. A company must identify a target market to operate in, as well as the kind of market that will satisfy customers’ needs. Meeting the customer’s needs is the main aim of marketing, and therefore, a business should understand the needs of customers and work hard towards satisfying these needs. A responsive marketer fulfills a stated need, whilst a creative marketer discovers and produces solutions that his customers did not request for, but which respond to their needs (The Marketing Concept, 2009). Integrated marketing occurs when all the departments of a company work together towards satisfying customers. This can be accomplished by internal marketing, which involves hiring effective employees who work towards serving customers well. Finally, profitability as a pillar of marketing concept is the main aim of any business; value must be provided to customers, while at the same time , the firm should yield to profits. Managers have to evaluate and choose the most profitable decisions that will last long in a company (The Marketing Concept, 2009). The marketing concept involves focusing on satisfying the needs of a customer before developing a product. Thereafter, profits are realized through successful customer satisfaction.Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More This concept involves marketing decision on marketing mix, which involves the 4ps. Shaw (2011, p.4) further elaborates on product, price, place and promotion, where product refers to tangible items as well as services. Here, decisions need to be made on the quality, safety, packaging, warranty and the brand name of the product. Pricing decisions include price flexibility, price discrimination, seasonal pricing, and discounts in pricing. Place concept involves distribution of goods and services to cust omers; the distribution decisions may include distribution channels, warehousing, transportation, distribution centers, and market coverage among others. Promotion in a marketing mix presents communication of information concerning the products; this involves advertising, sales promotion, marketing, and promotional strategies. McDaniel and Gates (1998, p.3) insist that the marketing concept requires a consumer, goal, and systems orientation. Consumer orientation entails that firms strive to identify their customers in the target market, therefore producing goods and services that meet their needs. Goal orientation involves a firm’s striving to accomplish its corporate goals, such as profit making. System orientation involves organizations working in unison; such a firm creates systems, which monitor external environment, such as researching on what customers want in the targeted market (McDaniel and Gates, 1998, p.3). The marketing concept requires a company to research on th e needs and wants of the customers, and thereafter making decisions on what to produce as well as how to satisfy the needs of customers. Today, most companies have adopted the marketing concept; however, this concept has changed with time. In the 1920s, this concept was known as the production strategy, which applied to production companies. It assumed that, once a company produces huge amount of cheap goods, the products would market themselves. The price of these products was mainly determined by the production cost (Net MBA, 2011). In the 1930s, the sales concept took over, and with the level of competition increasing, companies were able to advertise their products. The companies based their production on two questions – could they sell the product? And could they charge enough for the product?Advertising We will write a custom essay sample on The Marketing Concept – Development, Stakeholders, and Future Directions specifically for you for only $16.0 5 $11/page Learn More However, this concept focused on competition and ignored customer satisfaction (Net MBA, 2011). The marketing concept came into existence after the Second World War, since the sales concept had disappointed customers; the marketing concept aimed at fulfilling the needs of customers. It first researched on the customers’ wants before producing a product; therefore putting the customer first. Tesco is one such example, which has value for money; they collect information on customer’s frequent purchases through Tesco club card. Once a customer swipes his card, all the information on the customer’s purchases is saved, and the common products frequently bought. This assists the company in ordering the products that customers need by tracking the customers’ shopping habits (Pearson, 2011). Identify the Key Stakeholder Groups in a Marketing Oriented Organization and How They are Impacted by Marketing A market-oriented company focuses on discovering and fulfilling the needs of customers; it involves the company’s responsiveness to market intelligence (Roll, 2011). Market orientation in organizations aims at focusing on interaction with customers as well as how customer knowledge can be utilized in building organization’s intelligence (Ind and Bjerke, 2007). Market oriented companies are built on three pillars – customer focus, profitability and coordinated marketing. Customer focus enables these organizations to create a strong relationship with customers, whereby, customers are served effectively and not treated as assets. Coordinated marketing occurs when a company acknowledges that customers are the responsibility of the whole company, such that finance and human resources departments among others are involved. Needless to say, when companies focus on short-term profitability, a high cost in involved. Nevertheless, financial measures allow the firm to balance between short term an d long-term profitability, therefore guaranteeing the company’s financial health (Roll, 2011). Organizations must determine their key stakeholders; employees are viewed as stakeholders of an organization, and although they may not have a direct encounter with the customers, they determine a customer’s perception on the company’s products and services. Stakeholder orientation refers to the degree to which a firm understands the demands of stakeholders, and works towards managing their interest (Ferrell and Hartline, 2010, p.80). Customers, employees, and shareholders are some of the key stakeholders of market-oriented firms.Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Ferrell (2005, p.94) adds that a group is considered to be a stakeholder if it is affected by the organization’s activities, either positively of negatively. Customers are affected by the firm’s activities in that, in case the firm produces quality goods, customer will attain money value for those goods. However, if the goods are of poor quality, customers may opt to purchase the same goods elsewhere, hence affecting their relationship with the firm. Needless to say, when a company achieves customer loyalty, these customers market the business to their friends, hence attracting even more clients. Once a customer is pleased with the services of a firm, he/she is likely to tell his colleagues about the services. Havaldar (2005, p.257) further adds that, employees, being stakeholders of a firm, need to be motivated. Once they are motivated, they attain job satisfaction, which in return yields to customer satisfaction. Therefore, the employees are able to contribute to mar keting, which in return yield to repeat purchase that contributes to higher levels of returns. For a market-oriented firm to succeed, it must fulfill the needs of each group of stakeholders. Once a firm starts marketing its goods, it does so via advertising or promotions. Therefore, a firm has the responsibility of fulfilling the demands of its stakeholders in order to retain them; when a firm motivates its employees, they are likely to be motivated and serve the organization for a long time. Moreover, if the customer’s needs are met, such customers are likely to be loyal to the firm, hence enhancing repeat purchase. Needless to say, marketing contributes positively to the customers, as they learn of new products through advertising and promotion, and hence they are able to make a decision on which product and service that they should purchase. Nevertheless, marketing keeps the customers updated and informed of the changes in products and services. Predictions for the Future Direction of Marketing Marketing has acknowledged the importance and need to focus on the customer and also to be attentive to competitor’s activities. However, with the advancing technology, business operation and performance is likely to be affected, either directly or indirectly. Marketing will further face changes, which are inevitable; therefore, its capability to continue fulfilling the needs of the customers is what matters. Due to the change brought about by the future, firms are faced by the uncertainties. However, accounting for change is very important for any firm, as this will ensure that the business stands firm (Kenny and Dyson, 1989, p.23). Nevertheless, as year’s progress, marketing is adapting to technology. Therefore, in the future, firms that will have not embraced technology will be disadvantaged while reaching out to customers. The channels of marketing may change in future, such that the internet will be widely used in advertising and promotions, since customers would easily access the internet via the phone. Therefore, with the changes in technology, marketing forms will have to change in organizations; they will need to adopt and embrace the latest technology in order to excel in marketing. Marketing is likely to change from the monologue state to dialogue state; this is due to the emerging innovations, competition, and the changing consumer behavior. Online branding is one of the emerging trends that have the capability of becoming a central marketing expression for companies. Due to the expanding role of marketing, organizations will find the need to create new incentive structures that will aid in increasing accountability. In the previous years, marketing was a monologue, where marketers used television advertisement to attract customers. In addition, they would also use radios to inform attract customers. Nevertheless, online marketing has brought drastic changes in marketing by transforming it from a monologue to a dialogue. Online marketing enables customers to reveal their tastes and preferences on a product or brand. Such responses enable marketers to improve or change their products, with an aim of fulfilling the customer’s needs (The Economist Intelligence Unit, 2006, p.3). Today, customers are able to compare various products and services online; definitely in the future, marketing will keep advancing. Therefore, the future of technology looks bright, and one that will impact positively on organizations and their stakeholders. Conclusion Marketing is an important aspect in the business world; it contributes to the success of the organization. In addition, it involves advertising, promotions, and sales as ways on introducing the product to the public. The goal of marketing is to make the product widely known and recognized. Therefore, marketers should be creative due to the competitive nature of the market. A market–oriented firm researches on the needs of customers and find s ways to fulfill them. Nevertheless, for a firm to achieve a competitive advantage, it should work towards fulfilling the demands of its customers. Reference List Ind, N., Bjerke, R., 2007. The concept of participatory market orientation: An organization-wide approach to enhancing brand equity. Journal of Brand Management, 15; 135–145. Web. Available at: http://www.palgrave-journals.com/bm/journal/v15/n2/full/2550122a.html . Ferrell, O. et al. 2005. From Market Orientation to Stakeholder Orientation. American Marketing Association. Journal of Public Policy Marketing, 29 (1); 93-96. Web. Available at: http://global.broad.msu.edu/hult/publications/JPPM10.pdf . Ferrell, O., Hartline, M., 2010. Marketing Strategy. Fifth Edition. OH: Cengage Learning Publisher. Havaldar, K., 2005. Industrial marketing: text and cases. Second Edition. New Delhi: Tata McGraw-Hill Education Publisher. Kenny, B., Dyson, K., 1989. Marketing in small businesses. London: Taylor Francis, Publisher. McDaniel, C., Gates, R., 1998. Marketing research essentials. Marketing Research Series. Second Edition. London: Taylor Francis Publisher. Net MBA. 2011. The Marketing Concept. Web. Available at: http://www.netmba.com/marketing/concept/ . Pearson. 2011. Case Study: Tesco. Pearson education. Web. Available at: http://wps.pearsoned.co.uk/ema_uk_he_kotler_euromm_1/126/32286/8265276.cw/content/index.html . Roll, M., 2011. Market Orientation – Essential foundation for a strong marketing strategy. Web. Available at: http://www.venturerepublic.com/resources/Market_orientation_marketing_strategy_brand_leadership.asp . The Economist Intelligence Unit. 2006. The future of marketing from monologue to dialogue. Web. Available at: http://graphics.eiu.com/files/ad_pdfs/Google_Future_of_Marketing_060907.pdf . The Marketing Concept. 2009. Kotler Marketing Article Series. Web. Available at: http://knol.google.com/k/the-marketing-concept-kotler#Marketing_%282D%29_Definition . O’Shaugh nessy, J., 1995. Competitive marketing: a strategic approach. Third Edition. NY: Routledge Publisher. Pride, W., Ferrell, O., 2006. Marketing: concepts and strategies. 13th Edition. OH: Cengage Learning Publisher. Shaw, S., 2011. Airline Marketing and Management. Seventh Edition. NY: Ashgate Publishing. This essay on The Marketing Concept – Development, Stakeholders, and Future Directions was written and submitted by user Ava Becker to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

planes tranes and automobiles essays

planes tranes and automobiles essays Story line: its two day till thanksgiving and Neil page just finish his business trip in new York city and all he wants to do is catch his flight back to Chicago to be with his family for the holiday. Instead, his flight got cancelled and he meets an over friendly guy with a huge blabbermouth and tell to many bad jokes. Pretty much the guy you dont want to get stuck with and the one that would drive you insane. Del Griffith the corky zany shower curtain salesman who always has some kind of advice decided to accompany Neil in the same direction as his home of Chicago. This movie is hilarious comedy that turns into a mini-drama at the middle and at the end of the movie. As for the casting of this movie john candy and Steve martin were perfect for the parts. Especially john candy. He really brought the character of Del to life. They are complete opposites. One of my most favorite scenes was the bathroom scene when they had to share a single hotel room with one bed for the night. You can really learn about there characters in this funny part. Neil page was in the shower and when he went to get out the bathroom was a mess not just a mess but beyond messy. If this were your bathroom your mom would ground you for life. Del left Neil one small face wash clothe and the rest of the towel were on the floor there was socks soaking in the sink all kinds of toiletries open and all over the counter. So basically del was a slob. I think dirty disgusting slob would characterize it. Neil by this point is going to have his second nervous break down. This is whe re he started to verbally assault Del. Neil says; You know I could sit through an insurance seminar and still look happy and the others would say how do you do it? And I would say, because I can take anything, Ive been with Del Griffith... this really shows Neils character. He is beyond annoyed. The camera positioning really makes you feel like you are...

Apple Inc In Malaysia Economics Essay

Apple Inc In Malaysia Economics Essay This stability is an important consideration in these times when it comes to do business. It is part of any business decisions in which a firm operate political landscape makes it an ideal stable country for new business ventures. ( see page ) Malaysia boasts one of south-east Asia’s most vibrant economies, the fruit of decades of industrial growth and political stability. Its multi-ethnic, multi-religious society encompasses a majority Muslim population in most of its states and an economically-powerful. ( see page ) The phenomenon of information sharing is usually associated with social cultural factors beyond information technology. An understanding of information sharing across cultures is still a major challenge and is likely to be more important as global systems are developed. Byars, L.( 1991) In some local cultures the survival of highly competitive organizations is dependent upon having trade secrets. A very good example of this is Malaysia. ( see page ) The technolo gy used within the Malaysia has improved dramatically this has happened especially within the information technology sector with more and more people being trained on how to use these sorts of technology (see page) Apple Inc as a successful company in the world wide market today and the strategies they applied in order to conduct their business smoothly. On which the study details will be based on. SWOT analysis Corporation which is the strength, weakness, opportunity, and threats. and applied to the problems facing Apple Inc, include the Porters five forces (see page ) Introductions Perhaps one of the most observations that grabbed my attention in the world was the phenomenon of the open trade or free trade. The simplest definition of free trade is; Trade between nations without protective customs tariffs. It is largely known that America is the biggest market in the world. Technology is the mother of trade. Where there are a high number of digits in a market, there we see technolo gy and prosperity. Life becomes more easy and safer. This creates Tech-Consumptive generation; a quick look at our recycling pin would proof that. Year after year the technology of the mobile industry has changed our life. We, for example without being completely aware of the social change that happened, became a subject of what the market want. Before, we were the force that lead the market. Now TV commercials, billboards and media bombardment are the ones own our paychecks .( Griffin, 2009) Year after year the technology of the mobile industry has changed our life. We, for example without being completely aware of the social change that happened, became a subject of what the market want. Before, we were the force that lead the market. As I have mentioned before, technology is the master of our life. The world had become small village. Time is the impending master not the distance any more. This constitute a huge change every where we look. My social relations and how it’s s haped is totally different ten years ago. America and Japan were the biggest labs which used to fill the global market with that abundance of inventions. It was G6 then G7 then G8 those are Group of the biggest economies in the world. This tells us that the global economy is boosting so does the individual’s life changes within.( Scholnick,2009)

Solve the questions Essay Example | Topics and Well Written Essays - 250 words - 2

Solve the questions - Essay Example The fact that smaller creatures are able to simulate and identify potential effects of pesticide exposure on humans is most intriguing. Animal testing is an integral part of the product and drug trails before their commercialization. The benefits of testing animals are the fact that it acts as a prototype through which the effects of the drug or product on human life can be simulated. The value of human life cannot be compared with that of animals, for this reason these product or drug trials cannot be tested on humans directly. The research helps increase the yield and betters result. On the negative aspect, the testing exacerbates the animal to early exposure and diseases. Others argue that testing effects on animals do not accurately simulate human’s response to the same drugs. This creates the problem associated with misleading results. Animal testing is essential in order to simulate and understand effects of toxicity in humans. This is proven by vaginal cancer and uterine deformities in offspring’s of rats that were exposed to DES. Offspring’s of humans that had been exposed to DES also developed similar symptoms as those seen in rats. The DES exposure case similarity in rats and humans clearly pointed out that animal testing does give accurate results that can be related to humans. Dr. Tyrone Hayes talks about using rats to simulate effects of toxicity in humans. Dr Hayes argued that effects of toxicity in rats reflect possible effects of exposure in humans. He presented the case of DES exposures in both rats and humans. DES exposure caused vaginal cancer and uterine deformities in offspring’s of those rats that had been exposed. Similarly, DES exposure in humans has caused similar symptoms to develop in offspring’s. Similarly, Atrazine exposure in humans can cause the same effects that it causes in rats. If you were a farmer that dependent on high yield of crops for a living do you think that you would use

Coperate strategy Essay Example | Topics and Well Written Essays - 1500 words

Coperate strategy - Essay Example From 1988 to 97, it grew from a Uk/European food company into one of world's largest producers of sweeteners and starches in the world. With globalization, profits were expected to soar. However, inspite of the major expansion programme, profits were down by 60million from 1991 to 97.This made the company think of new products, which could give them an edge over the competitors. Sucralose, which is marketed under the trade name SPLENDA, was the result of over 30 years of research by Tate and Lyle and is now the subject of over 30 patents, which describe its manufacture. The sweetener is not manufactured under license by anyone else and is only produced at Tate and Lyle's two sites - in the US, and now in Singapore too. The sweetener has found use in over 4,000 products including drinks, breakfast bars and ice creams. To combat the risks associated with demand downturn for sweeteners and sugar products, Tate and Lyle moved to higher-value-added products, which would help them increase their margins. Today, they are the sole producers of Sucralose in the world. Sucralose is a low calorie /zero calorie sugar alternative used in a wide range of zero-sugar drinks and food products. According to research by The Freedonia Group1 "Increased food production and gains in value-added sweeteners, nutraceuticals and natural additives will drive US food additive demand up 4.8 percent annually through 2008. Flavors and flavor enhancers will remain the largest segment, while alternative sweeteners will grow the fastest. Grain mill products, pet food and snack food show best market prospects." Expansion in Production Capacity To double production capacity and meet the demand of sucralose, a 42m ($75m) expansion project was completed in June 2006 in the US. To help Tate and Lyle meet the global demand for Sucralose, another plant was opened in Jurong Island, in Singapore in April 2007. Utilization of Local resources The new facility at Singapore is expected to cater to the Far Eastern markets, which is predicted to be a lucrative one. Availability of skilled workers, cheap labor and tax breaks by the government are other factors, which led to the setting up of this unit in Singapore. Key Factors of success in Food Additives Industry Sucralose, the sweetener has been passed as fit for use in over 80 countries around the world and has been found to be more stable than Aspartame, the previously favoured sweetener for food manufacturers. Though derived from sugar, Sucralose is 600

Argument Against Universal Health Care in the Us Essay Example for Free

Argument Against Universal Health Care in the Us Essay Argument Against Universal Health Care in the Us BY shaker71493 Jacob Nieuwenhuis Contemporary Issues MSR 10 March 2010 Universal Health Care in the United States Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber barons cruelty may sometimes sleep. His cupidity may at some time point be satisfied; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience. -C. S. Lewis (1898 1963) The issue of universal health care taking over the present health care system has become a heated topic all over America. With President Obamas promise to pass a bill that will give government coverage to all Americans, most people were happy that health care would become more affordable for them. But is this the case? There has been a stiff opposition to the passing of any bill of this kind throughout the entire process, but the longer a bill stays in circulation the more time people have to form an opinion on the issue. With the law in effect now the issue now turns to if this will e better off for America in the long run, and if there is any good to such a system. History has a lot to say about socialized medicine. There have been many countries, not only socialistic countries which have used a public method of offering medicine. A few of these countries are Great Britain, Canada, France, Australia, and also the European system. These systems will be analyzed from their roots up i n order to see whether they were successes or failures. The National Health Service (NHS) of Great Britain, which was created on July 5, 1948, is the worlds largest publicly funded health service ever. As can be seen on the diagram, the NHS is divided into two sections: primary and secondary care. Primary care is the first point of contact for most people and is delivered by a wide range of independent service providers, including general practitioners, dentists, pharmacists and optometrists. Secondary care is known as acute healthcare and can be either elective care or emergency care. Elective care means planned specialist medical care or surgery, usually following referral from a primary or community health professional such as a general practitioner. In this system there are a lot of different trusts (refer to iagram). These trusts are where the money is sent for certain types of care. The main trusts are the Primary care trusts. Primary care trusts (PCTs) are in charge of primary care and have a major role around commissioning secondary care, providing community care services. They are the main core to the NHS and control 80% of the NHS budget. Green, did a report on the effects of preventive care in Great Britain for diseases such as circulatory disease and cancer. His main focus was on the circulatory system and the conclusion of his reports states that: The main findings can be summarized as follows. The I-JK has a poor record of preventing death from diseases of the circulatory system. After allowing for the different age structure of each country in the European Union, the I-JK death rate from circulatory diseases for persons aged less than 65 was ranked thirteenth out of the 15 countries studied. There are many negative aspects of the NHS. There are stunning reports of people who didnt get care, or who waited for months in order to get prevented care. One example of a terrible thing that happened recently in Great Britain was a cancer patient who had to wait for 62 weeks before starting treatment. Patients were outraged by this. They said that for some cancer patients with slow growing tumors could wait that long but that it is atrocious that someone would have to wait that long to receive any type of care at all. It was compared side by side with a case from 20 years earlier, when Heather Goodare was diagnosed with the same problem and eceived treatment within two weeks after first being diagnosed. The European system has run into a lot of obstacles over the years, mostly financial. There is currently a 5 percent to 8 percent increase in expenses per year in real terms, resulting in enormous deficits and even greater problems when the rate of unemployment rises. When employment rates improve, the deficits are eased be cause more taxes come in to pay for care. But as soon as employment falls again (which is common everywhere right about now), deficits come back. A common method used for getting over this deficit is rationing care and restricting use of high ost preventive cares such as CAT scans. Sometimes this is only towards people who meet a certain criteria, e. g. the elderly. This can only be bad for the consumer. Michael Tanner sums this up nicely in his article condemning socialized medicine in the U. S. : The Europeans have run into a very simple economic rule. If something is for it. Think of it this way: if food were free, would you eat hamburger or steak? At the same time, health care is a finite good. There are only so many doctors, so many hospital beds and so much technology. If people over consume those resources, it drives up the cost of health care. All the countries in Europe have this health care system. There are, however, three countries in Europe that allow their citizens to opt out of the official system and to take with a tax credit for the money they paid to the official system, to purchase private insurance in the health market. These countries are Germany, the Netherlands, and Switzerland. In those countries, citizens do not have to pay twice in order to acquire private health insurance. The systems of these three countries are important in that they may point the way to a solution for the current financial problems Western health care systems are experiencing. This private plan is more expensive but reachable for at least a third of the population. For the most part, people in Europe are happy with the health care they receive. In the Netherlands there is a basic plan that everyone can buy (it is not a government mandate). This covers things such as broken limbs, emergency room visits Oust the visit), and seeing general practitioners. On top of this, a person may buy whatever premium add-ons they want. An example of an add-on is dental and orthodontic care. With this add-on all the people in the household of the insurance buyer receive ull dental care as well as braces for all the children of the family. Trudy Rubin, who is a Philadelphia Inquirer opinion columnist, says that the United States is not learning valuable lessons from the European system of healthcare. She addresses the three myths that she thinks are thought to be believed as fact. She takes these myths from an excerpt from T. R. Reid. The three myths are as follows: Myth No. 1, he says, is that foreign systems with universal coverage are all socialized medicine. In countries such as France, Germany, Switzerland, and Japan, the coverage is universal while doctors and insurers are private. Individuals get their insurance through their workplace, sharing the premium with their employer as we do and the government picks up the premium if they lose their Job. Myth No. 2, which is long waits and rationed care is another whopper. In many developed countries, Reid writes, people have quicker access to care and more choice than Americans do. In France, Germany, and Japan, you can pick any provider or hospital in the country. Care is speedy and high quality, and no one is turned down. Myth No. 3 really grabs my attention: the delusion that countries with universal care are wasteful systems run y bloated bureaucracies. In fact, the opposite is true. Americas for-profit health insurance companies have the highest administrative costs of any developed country. Twenty percent or more of every premium dollar goes to nonmedical costs: paperwork, marketing, profits, etc. If a profit is to be made, you need an army of underwriters to deny claims and turn down sick people, says Rei d. Canada is another place where health care is run by the government. This came into effect when the parliament unanimously passed the Canadian Health Act in system. Under this law, provinces must ensure that their health care systems respect ive criteria: The first is public administration. This means that the health insurance plans must be administered by a public authority who is accountable to the government. The second is comprehensive benefit. The plan must cover all medically necessary services prescribed by physicians and provided by hospitals. The third is universality. This means all legal residents of the province must be covered. The fourth criterion is portability. Under this, residents continue to be covered if they move or travel from one province to another. And the final criterion is accessibility. This means that services must be made available to all residents on equal terms, regardless of income, age, or ability to pay. The process which a patient goes through to receive health care is very simple. When a person goes to a doctor for any kind of medical treatment they have to present what is called a provincial health card. This is a credit card-looking piece of plastic that lets your physician know you are a legal user of the system

Gay, Lesbian and Bisexual Issues - The Struggle of Sexual Minorities Es

The Struggle of Sexual Minorities Explaining how to challenge the discriminatory attitudes that remain rampant throughout the world, Mary Robinson, UN High Commissioner for Human Rights, in a recent article, quotes the incisive words of Archbishop Desmond Tutu: "We are all of equal worth, born equal in dignity and born free and for this reason deserving respect. . . . We belong in a world whose very structure, whose essence, is diversity almost bewildering in extent, and it is to live in a fool's paradise to ignore this basic fact." The archbishop's words lay bare an essential, wonderful truth about humanity, ignorance of which continues to create suffering for people everywhere. One group of people for whom the question of respect for diversity and individual freedoms comes into stark relief are those belonging to so-called sexual minorities. The struggle for acceptance by sexual minorities is almost universally undertaken in the face of strong and often even violent prejudice and misunderstanding. This year, from March 8--11, SGI-USA held its first Gay, Lesbian, ...

Preliminary Ruling under Article Essay

Question 1. EC legislation and the national legislation of the Member States were integrated by the European Community Treaties. As such the national courts act in accordance with Community law and refer cases to the European Court of Justice. National judges play a key role in implementing Community law in their Member States. The preliminary reference system thus enables the national courts to comply with Community law and maintain cooperation with the European Court of Justice. Under this system the national courts refer cases for a preliminary ruling to the ECJ, in accordance with the provisions of Article 234 EC . Article 234 EC contains the jurisdictional requirements for a preliminary reference. First, the referring institution has to be a court or tribunal of a Member State. Second, the referral should be in respect of Community law’s validity or interpretation and finally, the referring court or tribunal should determine whether at all there is a need to deliver a judgment, by the ECJ. In Bosman it was opined by the Advocate General Lenz that the ECJ can refuse to consider a preliminary ruling request, if such a request apparently bears no relation to the main action . The European Court of Justice is an autonomous body that is independent of any Member State or institution of the European Union. The major function of the ECJ is to interpret the Community Treaties and Community law in accordance with the spirit of the EU, and to implement the EC law, throughout the EU. Therefore, the ECJ shoulders the responsibility of uniformly applying the EC law in all Member States. It constitutes the judicial pillar of the EU . While hearing cases, if a conflict arises between the national legislation and the EC law, with regard to the application of the Community law; the national courts should not declare the EC law to be inapplicable. It is the duty of the ECJ to resolve such situations through its case law. Article 234 EC contains the procedure to be adopted when national courts refer cases to the ECJ for a preliminary ruling. A wide range of jurisdictional requirements have to be met by the ECJ in order to give a preliminary ruling. However, the ECJ can refuse to entertain a preliminary reference if it is satisfied that Community law is not invoked in these referred cases . In the Meilicke case, the issue was the right of shareholders to obtain information from the company management, as per the provisions of Directive 77/91/EEC. The Directive requires certain safeguards to be implemented by the Member States, so as to protect the interests of shareholders and others. The Member States have to act in accordance with the second paragraph of Article 58 of the EC Treaty. The national court referred the case to the ECJ on the compatibility of the German Aktiengesetz with the Directive with regard to the process of forming public limited liability companies, their maintenance and changes in their share capital . The national court was required to interpret these safeguards in accordance with the Second Directive. The ECJ keenly looked into the facts of the case. Its objective was to determine whether the German legislation, in the context of treating certain cash contribution preceded or followed by the company’s transactions of payment of amounts to shareholders, so as to offset the debts of the company to the shareholders or subscribers, violated Community law. The national court had held that Community law had been violated, because these amounts had been in the form of disguised contributions in kind . However, the ECJ refused to respond to the referral, as it felt that it would be exceeding the scope of its jurisdiction . The underlying principle involved is that the national courts have to refer novel and subtle questions, regarding the application and interpretation of EC law, while making a reference for a preliminary ruling. Subsequently, the ECJ would develop new case law, which would serve as a guideline to national judges and other legal professionals in the EU. National courts are expected to develop a pan European perspective and thereby contribute to the integrity of the Union. As such the ECJ does not compel the national courts to refer cases for a preliminary hearing. Though, the ECJ cannot force national courts to submit cases for preliminary reference, Article 234 EC imposes such a requirement in some cases. In some other cases it requires national courts to directly refer the cases to the ECJ by suspending the cases in the first instance itself . Article 234 EC differentiates between lower courts and national courts of last instance. The lower national courts have discretion, whether to make a reference or not. The national courts of last instance are obliged to refer cases for preliminary reference, if the interpretation of Community law was such that referral was warranted. Most of these cases originate in the lower national courts. Hence, they possess the discretion to refer the cases to the ECJ. The courts of last instance are under an obligation to make such a reference, however, they possess some discretion in this matter and this has been specified in Article 7 EC . If a national judge has to deal with cases in which the validity and applicability of the EC law is challenged, or if the application of EC law is argued to be illegal; then the national judge is under an obligation to make a referral to the ECJ for a preliminary reference. However, national judges are not competent to declare EC law invalid or unlawful. This is because, if a provision of EC law were to be declared as unlawful, then its application would have to be declared invalid in the entire EU. Therefore, it is unacceptable to declare a provision of the EC law invalid in a particular Member State; while it is valid in other Member States, without any dispute or conflict with national legislation . In the Foto – Frost case, the ECJ held that the national courts are under an obligation to refer questions regarding the applicability and validity of EC law to it. The ECJ held that national courts could only consider the applicability and legality of Community legislation. A national court cannot declare that a piece of Community legislation is invalid. Hence it only the ECJ that can invalidate Community legislation or an act of an EC institution . In Gaston Schul Douane-expediteur and International Air Transport Association the ECJ reiterated that the national courts were under an obligation to seek a preliminary reference from it. In Gaston, ECJ ignored the subject matter of the case and only considered the preliminary reference made by the national court. Afterwards, the ECJ held that the referral had been incorrect, because in an earlier decision on a similar subject, it had given the same decision, due to the fact that a specific piece of EU legislation would be declared invalid. Question 2 [a] The Employment Tribunals are competent to refer cases, under Article 234 EC, to the ECJ, whenever a clarification is needed regarding an EC Directive. This is exemplified by Coleman . In this case it was held that the ET was well within its powers to make a referral to the ECJ. This is provided for in Rule 58 of the ET Rules of Procedure 2004. Question 2[b] A disciplinary committee is neither a court nor a tribunal. Therefore, it is precluded from referring to the ECJ for a preliminary hearing. Moreover, a disciplinary committee, though a quasi – judicial body, is all the same dependent on the administrator; hence, the   ECJ will not accept a preliminary hearing referral from it. This is on the basis of the ruling in Corbiau . Question 2 [c] The Appellate Court had deemed the issue to be irrelevant and unarguable and consequently, unfit to be referred to even the House of Lords. Therefore, the issue is definitely not to be referred to the ECJ.   In the Max Mara Fashion Group case, no questions had been submitted for a reference. Further the case was so ambiguous that the ECJ refused to have anything to do with it. It was also unclear as to why the case had been sent for reference and there were no provisions of EC law that had been violated . Question 2 [d] The House of Lords need not refer to the ECJ, because it is fully convinced that it has comprehended the piece of legislation under consideration. Since, there is no breach of EC law by the national law, nor is there any difficulty in interpreting EC law, there is no necessity to approach the ECJ for a preliminary reference. Question 2 [e] In the Nolle case, the ECJ held that a referral would not be entertained, if its purpose was only restricted to fact finding . As such the ECJ requires a verification of all the facts before filing a reference with it. Moreover, the Home Office is not a judicial body. Therefore, the Home Office cannot refer to the ECJ, in order to ascertain whether the Iranian student is to be deported or not. Bibliography Case 314/85, Foto-Frost v Hauptzollamt Là ¼beck-Ost (1987) . Case C – 16/90 Nolle v. Hauptzollamp Bremen – Freihafen (1991) ECR I – 5163. Case C-83/91, Wienard Meilicke v ADV/ORGA FA Meyer AG, [1992] ECR I-4871. Case C – 24/92, Corbiau v. Administration des Contributions, (1993) ECR I – 1277. Case C-307/95 Max Mara Fashion Group (1995) ECR I-5083. C – 415/93 Bosman v UEFA (1995) ECR I – 4921. Case C-461/03, Gaston Schul Douane-expediteur BV v Minister van Landbouw, Natuur en Voedselkwaliteit, (2005). Case C-344/04, R (International Air Transport Association and European Low Fares Airline Association) v Department for Transport, (2006). C – 303/06, S. Coleman v. Attridge Law, Steve Law, (2006). The Relation Between National Courts and the European Court of Justice in the European Union Judicial System: Preliminary Ruling Regimes According to Articles 234 EC, 68 EC, and 35 EU. February 2007. 3 February 2008.

Bloodlines Chapter Twelve

WHEN WE LEFT on our group date or family outing or whatever it was, Lee couldn't stop apologizing for his father. â€Å"I'm sorry,† he said, slumping miserably in the backseat of Latte. â€Å"There's no reasoning with him anymore. We tried to tell him that Tamara was killed by Strigoi, but he won't believe it. He doesn't want to. He can't take revenge on a Strigoi. They're immortal. Invincible. But some human vampire hunter? Somehow, in his head, that's something he can go after. And if he can't, then he can focus his energy on how the guardians won't go after these nonexistent vampire hunters.† I just barely heard Eddie mutter, â€Å"Strigoi aren't that invincible.† In the rearview mirror, I saw Jill's face filled with compassion. She was seated between Lee and Eddie. â€Å"Even if it's a fantasy, maybe it's better this way,† she suggested. â€Å"It gives him comfort. I mean, kind of. Having something tangible to hate is what gets him through. Otherwise he'd just give in to despair. He's not hurting anyone with his theories. I think he's sweet.† She caught her breath in that way she did when she'd said a whole lot all at once. My eyes were back on the road, but I could swear Lee was smiling. â€Å"That's nice of you,† he told her. â€Å"I know he likes having you around. Turn right up here.† That was to me. Lee had been giving me directions ever since we left Clarence's. We were just outside of Palm Springs proper, nearing the very impressive-looking Desert Gods Golf Course and Resort. Further guidance from him led us to the Mega-Fun Mini-Golf Center, which was adjacent to the resort. I searched for a parking spot and heard Jill gasp when she caught sight of the golf course's crowning glory. There, in the center of a cluster of gaudily decorated putting greens, was a huge fake mountain with an artificial waterfall spouting from its top. â€Å"A waterfall!† she exclaimed. â€Å"It's amazing.† â€Å"Well,† said Lee, â€Å"I wouldn't go that far. It's made of water that's been pumped over and over and has God only knows what in it. I mean, I wouldn't try to drink or swim in it.† Before I even had the car to a stop, Adrian was out the door, lighting a cigarette. We'd gotten in an argument on the way over, despite me telling him three times that Latte was a strictly no-smoking car. The rest of us soon got out as well, and I wondered what I'd signed up for here as we strolled toward the entrance. â€Å"I've actually never been mini-golfing,† I remarked. Lee came to a halt and stared. â€Å"Never?† â€Å"Never.† â€Å"How does that happen?† asked Adrian. â€Å"How is it possible that you've never played mini-golf?† â€Å"I had kind of an unusual childhood,† I said at last. Even Eddie looked incredulous. â€Å"You? I was practically raised at an isolated school in the middle of nowhere Montana, and even I've played mini-golf.† Saying I was homeschooled was no excuse this time, so I just let it go. Really, it just came down to having a childhood more focused on chemical equations than on fun and recreation. Once we started playing, I soon got the hang of it. My first few attempts were pretty bad, but I soon understood the weight of the club and how the angles on each course could be maneuvered. From there, it was pretty simple to calculate distance and force to make accurate shots. â€Å"Unbelievable. If you'd been playing since you were a child, you'd be a pro by now,† Eddie told me as I knocked my ball into a gaping dragon's mouth. The ball rolled out the back, down a tube, bounced off a wall, and into the hole. â€Å"How'd you do that?† I shrugged. â€Å"It's simple geometry. You're not that bad either,† I pointed out, watching him make his shot. â€Å"How do you do it?† â€Å"I just line it up and putt.† â€Å"Very scientific.† â€Å"I just rely on natural talent,† said Adrian, strolling up to the start of the Dragon's Lair. â€Å"When you have such a wealth of it to draw from, the danger comes from having too much.† â€Å"That makes no sense whatsoever,† said Eddie. Adrian's response was to pause and take out a silver flask from his inner coat pocket. He unscrewed it and took a quick drink before leaning in to line up his shot. â€Å"What was that?† I exclaimed. â€Å"You can't have alcohol out here.† â€Å"You heard Jailbait earlier,† he countered. â€Å"It's the weekend.† He lined up his ball and shot. The ball went directly for the dragon's eye, bounced off it, and shot back toward Adrian. It rolled and came to a stop at his feet, nearly where it had started. â€Å"Natural talent, huh?† asked Eddie. I leaned forward. â€Å"I think you broke the dragon's eye.† â€Å"Just like Keith,† said Adrian. â€Å"I figured you'd appreciate that, Sage.† I gave him a sharp look, wondering if there was any hidden meaning behind that. Mostly, Adrian seemed amused by his own wit. Eddie mistook my expression. â€Å"That was inappropriate,† he told Adrian. â€Å"Sorry, Dad.† Adrian shot again and managed not to maim any statues this time. A couple more shots, and he sank the ball. â€Å"There we go. Three.† â€Å"Four,† said Eddie and I in unison. Adrian looked at us incredulously. â€Å"It was three.† â€Å"You're forgetting about your first one,† I said. â€Å"The one where you blinded the dragon.† â€Å"That was just the warm-up,† Adrian argued. He put on a smile I think he hoped would charm me. â€Å"Come on, Sage. You understand how my mind works. You said I was brilliant, remember?† Eddie glanced at me in surprise. â€Å"You did?† â€Å"No! I never said that.† Adrian's smile was infuriating. â€Å"Stop telling people that.† Since I was in charge of the scorecard, his play was logged as four, despite his many further protests. I started to move forward, but Eddie held out a hand to stop me, his hazel eyes gazing over my shoulder. â€Å"Hold up,† he said. â€Å"We need to wait for Jill and Lee.† I followed his gaze. The two of them had been in deep conversation since we arrived, so much so that they'd slowed and lagged behind the rest of us. Even during his bantering with Adrian and me, Eddie had continually checked on her – and our surroundings. It was kind of amazing the way he could multitask. Thus far, Jill and Lee had only been one hole behind us. Now it was nearly two, and that was too far for Eddie to keep her in his sight. So, we waited while the oblivious couple meandered their way toward the Dragon's Lair. Adrian took another drink from his flask and shook his head in awe. â€Å"You had nothing to worry about, Sage. She went right for him.† â€Å"No thanks to you,† I snapped. â€Å"I can't believe you told her every detail of my visit that night. She was so mad at me for interfering behind her back with you, Lee, and Micah.† â€Å"I hardly told her anything,† argued Adrian. â€Å"I just told her to stay away from that human guy.† Eddie glanced between our faces. â€Å"Micah?† I shifted uncomfortably. Eddie didn't know about how I'd gone proactive. â€Å"Remember when I wanted you to say something to him? And you wouldn't?† I proceeded to tell him how I'd then sought out Adrian's help and found out about Lee's interest in Jill. Eddie was aghast. â€Å"How could you not tell me any of this?† he demanded. â€Å"Well,† I said, wondering if everything I did was going to result in the wrath of a Moroi or dhampir, â€Å"it didn't involve you.† â€Å"Jill's safety does! If some guy likes her, I need to know.† Adrian chuckled. â€Å"Should Sage have passed you a note in class?† â€Å"Lee's fine,† I said. â€Å"He obviously adores her, and it's not like she'll ever be alone with him.† â€Å"We don't know for sure that he's fine,† said Eddie. â€Å"Whereas Micah's a hundred percent okay? Did you do a background check or something?† I asked. â€Å"No,† said Eddie, looking embarrassed. â€Å"I just know. It's a feeling I get about him. There's no problem with him spending time with Jill.† â€Å"Except that he's human.† â€Å"They wouldn't have gotten serious.† â€Å"You don't know that.† â€Å"Enough, you two,† interrupted Adrian. Jill and Lee had finally reached the start of the Dragon's Lair, meaning we could move on. Adrian lowered his voice. â€Å"Your argument's useless. I mean, look at them. That human boy doesn't enter into it.† I looked. Adrian was right. Jill and Lee were clearly enthralled with each other. Some guilty part of me wondered if I should be a doing a better job of looking out for Jill. I was so relieved that she was interested in a Moroi that I hadn't stopped to wonder if she should even be dating anyone. Was fifteen old enough? I hadn't dated at fifteen. I'd actually, well, never dated. â€Å"There is an age difference between them,† I admitted, more to myself. Adrian scoffed. â€Å"Believe me, I've seen age differences. Theirs is nothing.† He walked off, and a few moments later, Eddie and I went to join him. Eddie maintained his simultaneous vigil of Jill, but this time, I got the impression the danger he was watching out for was right beside her. Adrian's laughter rang out ahead of us. â€Å"Sage!† he called. â€Å"You have got to see this.† Eddie and I reached the next green and stared in astonishment. Then I burst out laughing. We had reached Dracula's Castle. A huge, multi-towered black castle guarded the hole some distance away. A tunnel was cut out through the center of it with a narrow bridge meant for the ball to go over. If the ball fell off the sides before getting through the castle, it was returned back to the starting point. An animatronic Count Dracula stood off to the castle's side. He was pure white, with red eyes, pointed ears, and slicked-back hair. He jerkily kept raising his arms to show off a batlike cape. Nearby, a speaker blasted eerie organ music. I couldn't stop laughing. Adrian and Eddie looked at me as though they'd never seen me before. â€Å"I don't think I've ever heard her laugh,† Eddie told him. â€Å"Certainly not the reaction I was expecting,† mused Adrian. â€Å"I'd been counting on abject terror, judging from past Alchemist behavior. I didn't think you liked vampires.† Still grinning, I watched Dracula raise his cape up and down. â€Å"This isn't a vampire. Not a real one. And that's what makes it so funny. It's pure Hollywood camp. Real vampires are terrifying and unnatural. This? This is hilarious.† It was clear from their expressions that neither really understood why this would appeal to my sense of humor so much. Adrian did, however, offer to take a picture with my cell phone when I asked him. I posed by Dracula and put on a big smile. Adrian managed to snap the shot just as Dracula was raising his cape. When I viewed the picture, I was pleased to see it had come out perfectly. Even my hair looked good. Adrian gave the picture a nod of approval before handing me the phone. â€Å"Okay, even I can admit that's pretty cute.† I found myself overanalyzing the comment. What had he meant in saying even he could admit it? That I was cute for a human? Or that I had just met some kind of Adrian hot-girl criteria? Moments later, I had to forcibly stop thinking about it. Let it go, Sydney. It's a compliment. Accept it. We played through the rest of the course, finally finishing off with the waterfall itself. That was a particularly challenging hole, and I took my time lining up the shot – not that I needed to. I was beating everyone pretty handily. Eddie was the only one who came close. It was clear Jill and Lee didn't even have their attention on the game, and as for Adrian and his natural talent†¦ well, they were very solidly in last place. Eddie, Adrian, and I were still ahead of the other two, so we waited for them by the waterfall. Jill practically ran to it when she had the chance, gazing up at it with enchanted eyes. â€Å"Oh,† she breathed. â€Å"This is wonderful. I haven't seen this much water in days.† â€Å"Remember what I said about the toxicity,† teased Lee. But it was clear he found her reaction endearing. As I glanced at the other two guys, I saw that they shared the same feelings. Well, not exactly the same. Adrian's affection was clearly brotherly. Eddie's? It was hard to read, kind of a mix of the other two. Maybe it was a kind of guardian fondness. Jill made a gesture to the waterfall, and suddenly, part of it broke off from the tumbling cascade. The chunk of water shaped itself into a braid, then twisted high into the air, making spirals before shattering into a million drops that misted over us all. I had been staring wide-eyed and frozen, but those drops hitting me shocked me awake. â€Å"Jill,† I said in a voice I barely recognized as my own. â€Å"Don't do that again.† Jill, eyes bright, barely spared me a glance as she made another piece of water dance in the air. â€Å"No one's around to see, Sydney.† That wasn't what had me so upset. That wasn't what filled me with so much panic that I could barely breathe. The world was doing that thing where it started to spin, and I worried I was going to faint. Stark, cold fear ran through me, fear at the unknown. The unnatural. The laws of my world had just been broken. This was vampire magic, something foreign and inaccessible to humans – inaccessible because it was forbidden, something no mortal was meant to delve into. I had only once seen magic used, when two spirit users had turned on each other, and I never wanted to see it again. One had forced the plants of the earth to do her bidding while the other telekinetically hurled objects meant to kill. It had been terrifying, and even though I hadn't been the target, I'd felt trapped and overwhelmed in the face of such otherworldly power. It was a reminder that these weren't fun, easy people to hang out with. These were creatures wholly different from me. â€Å"Stop it,† I said, feeling the panic rise. I was afraid of the magic, afraid it would touch me, afraid of what it might do to me. â€Å"Don't do it anymore!† Jill didn't even hear me. She grinned at Lee. â€Å"You're air, right? Can you create fog over the water?† Lee stuffed his hands in his pockets and looked away. â€Å"Ah, well, it's probably not a good idea. I mean, we're in public†¦Ã¢â‚¬  â€Å"Come on,† she pleaded. â€Å"It won't take any effort for you at all.† He actually appeared nervous. â€Å"Nah, not right now.† â€Å"Not you too.† She laughed. Above her and in front of her, that demon water was still spinning, spinning, spinning†¦ â€Å"Jill,† said Adrian, a harsher note in his voice than I'd ever heard before. In fact, I couldn't recall him ever addressing her by her actual name. â€Å"Stop.† It was all he said, but it was like a wave of something went through Jill. She flinched, and the water spirals disappeared, falling away in droplets. â€Å"Fine,† she said, looking confused. There was a moment of awkwardness, and then Eddie said, â€Å"We should hurry. We're going to be pushing curfew.† Lee and Jill set out to make their shots and soon were laughing and flirting again. Eddie continued watching them in his concerned way. Only Adrian paid any attention to me. He was the only one who really understood what had happened, I realized. His green eyes studied me, with no trace of their usual bitter humor. I wasn't fooled, though. I knew there had to be some witty quip coming, mocking my reaction. â€Å"Are you okay?† he asked quietly. â€Å"I'm fine,† I said, turning from him. I didn't want him to see my face. He'd already seen too much, seen my fear. I didn't want any of them to know how afraid of them I was. I heard him take a few steps toward me. â€Å"Sage – â€Å" â€Å"Leave me alone,† I snapped back. I hurried off toward the course's exit, certain he wouldn't follow me. I was right. I waited for them to finish the game, using the alone time to calm myself down. By the time they caught up to me, I was fairly certain I had wiped most of the emotions from my face. Adrian still watched me with concern, which I didn't like, but at least he didn't say anything else about my breakdown. Surprising to no one, the final score showed that I had won and Adrian had lost. Lee had come in third, which seemed to trouble him. â€Å"I used to be a lot better,† he muttered, frowning. â€Å"I used to be perfect at this game.† Considering he'd spent most of the time paying attention to Jill, I thought third was a pretty respectable performance. I dropped him and Adrian off first and then just barely got Eddie, Jill, and me back to Amberwood on time. I was more or less back to normal by then, not that anyone would've noticed. Jill was floating on a cloud as we went into our dorm room, talking nonstop about Lee. â€Å"I had no idea he'd traveled so much! He's maybe been more places than you, Sydney. He keeps telling me that he'll take me to all of them, that we'll spend the rest of our lives traveling and doing whatever we want. And he's taking all sorts of classes in college because he's not sure what he wants to major in. Well, not all sorts this semester. He's got a light schedule so that he can spend more time with his father. And that's good for me. For us, I mean.† I stifled a yawn and nodded wearily. â€Å"That's great.† She paused from where she'd been searching her dresser for pajamas. â€Å"I'm sorry, by the way.† I froze. I didn't want an apology for the magic. I didn't even want to remember it had happened. â€Å"For yelling at you the other night,† she continued. â€Å"You didn't set me up with Lee. I should never have accused you of interfering. He really has liked me all along, and, well†¦ he's really great.† I let out the breath I'd been holding and attempted a weak smile. â€Å"I'm glad you're happy.† She returned cheerfully to her tasks and to talking about Lee until I left to go down to the bathroom. Before brushing my teeth, I stood in front of the sink and washed my hands and arms over and over, scrubbing as hard as I could to wash away the magical drops of water I swore I could still feel on my skin.

Anglo Saxons essays

Anglo Saxons essays According to the Venerable Bede, the first significant body of Germanic settlers in England had been hired as mercenaries by the British Prince Vortigern during fifth-century struggles for power among British Celts that broke out when Roman colonial troops were withdrawn. After a falling-out with their employer, these Germanic warriors seized British territory in the south of England for themselves and brought their families over the English Channel to settle it. Archaeological evidence also reveals a gradual infiltration of Germanic peoples into England along the rivers of east central England, then a low-lying bayou country that would have been impossible to police. Bede tells us that the Germanic settlers came from Anglian and Saxon regions of continental Europe, within the modern territories of Holland, Southern Denmark, and Western Germany. The settlers brought with them, in their heads, an extensive body of lore encoded in alliterative verse, including versified laws as well as historical and legendary narratives. Some of the settlers could use a runic alphabet to carve brief messages, mostly on wooden sticks, but writing was not used for Old English historical or literary material until the conversion to Christianity, when manuscript technology entered from Rome and Ireland. Old English literature includes a number of works based on native Germanic legend, including the remarkable Beowulf, a complete epic peopled by half-Christian Germanic warriors. The interweaving of Christian elements with native Germanic materials in this work is so thoughtful and intricate that the two cultural strands are very difficult to unravel. Other epic poems in native style use imported Christian narratives. Two of the best, by a poet named Cynewulf, have heroic female protagonists. As in Celtic saga, representation of gender roles in Old English narrative may seem quite strange to a modern reader. In Beowulf, for example, Queen Wealhth...

Analyze and research 2 original works of art Paper

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