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. These members thought that in order for the men to distinguish between a â€Å"good† woman, and a wretch of a woman, prostitution was necessa ry. Men were expected to marry respectable women. Perhaps, these members of society also thought it necessary for the entertainment of men when they were away from home on business trips. In other words, the men may haveShow MoreRelatedA Society By Fyodor Dostoyevsky1075 Words   |  5 PagesThe 19th Century Russian author Fyodor Dostoyevsky once wrote that a society can be judged by the conditions within its prisons. In that same vein, you can determine the strength of a society by how it treats those living on the outskirts of society, the most vulnerable and stigmatized citizens. Prostitutes are nearly at the bottom of the American social hierarchy, just above pedophiles, rapists, and violent criminals. Prostitutes are vilified in a way suggesting that they’re somehow victimizingRead More Role of Women During and After the Age of Revolutions Essay1727 Words   |  7 Pagesvery important document then and today, as one of the first women’s civil rights and priv ileges act that influenced for further reform in the 19th century. The declaration opened many doors to women’s rights that account for many future changes as the time line moved from the French Revolution to the Industrial Revolution. In the early 19th century Flora Tristan a feminist wrote the â€Å"The London Laboring Classes† in the London Journal, describing the conditions of factory workers afterRead MoreThe American Criminal Justice System873 Words   |  4 Pagestopic. â€Æ' History of Prostitution Prostitution has been a controversy issue since the beginning of the 13 colonies and it still happens to be an issue until today. According to Jackson, prostitution was brought over with the early European settlers, and there was no Native American counterpart to the purchase of sexual favors. In the beginning years prostitution was not illegal it wasn’t until years later that the United States wanted to regulate the issue. Recently prostitution is illegal in allRead MoreSex, Prostitution, And The Production Of Sex Toys Essay1687 Words   |  7 PagesSex work, consisting of prostitution and the production of sex toys, has been implemented in the United States since the 18th century. Through red-light districts, street prostitution, escort or out-call prostitution, brothel prostitution, and child prostitution, prostitution still thrives in the United States despite legality. Sex toys has become increasingly more available on shelves but still primarily stay in the e-commerc e realm. Sex work has struggled to stay in the United States becauseRead MoreThe Brothels And House Of Ill Fame1440 Words   |  6 Pages1880 to 1920 depended on industry in Eau Claire, particularly the lumber industry. The success of the prostitution can be known by studying the number of brothels throughout these decades. Author examines the relationship between the lumber industry, and the working class in Eau Claire to make this argument. This article talks about how increase in lumber industry lead to increase in prostitution activity. After civil war the industry expanded dramatically and Eau Claire was a wealthy lumber townRead MoreFemale Criminality And The Criminal System1368 Words   |  6 Pages(Gibson, 1982). Most research and documentation on female criminality was linked to prostitution evading many other aspects of women criminality such as hysterics, infanticide and shoplifters, which were generally the stars of the tabloid press but not of criminological studies (Bronfman, 2007; Rodrà ­guez, 2006). Throughout this essay I will present various facets of female criminality and delinquency, including prostitution, and the many issues faced by women in the criminal system, as well as the forensicRead MoreProstitution And Women s Rights Essay1084 Words   |  5 PagesProstitution and Women Rights in Chicago. This research paper discusses social issues related to prostitution in Chicago, a city along route 66 and is divided into four sections. In the first section, definition of prostitution is discussed. Also different forms of prostitution are listed. It should be clearly stated there s no one accepted definition of prostitution. The term prostitution is controversial. Sociologists are still debating on how prostitution should be defined. Moreover, prostitutionRead MoreRealism in Arms and the Man1527 Words   |  7 PagesRealism was a general movement in 19th-century theatre that developed a set of dramatic and theatrical conventions with the aim of bringing a greater fidelity of real life to texts and performances. It shared many stylistic choices with naturalism, including a focus on everyday (middle-class) drama, colloquial speech, and mundane settings. Realism and naturalism diverge chiefly on the degree of choice that characters have: while naturalism believes in the overall stren gth of external forces overRead MoreWomen s Rights Of The New Zealand822 Words   |  4 Pagesand also known as a notorious character in Melbourne, Australia. (Hutchison, 1990). She moved to Dunedin, New Zealand by early 1863 when gold was discovered in the West Coast and work as a prostitute for her living. By the time in 19th centuries, prostitution was not in itself a criminal offense. However, She finally received a one-way ticket to Hokitika from Dunedin Resident Magistrate s Court on charges of drunkenness and disorderly conduct. She was die in 1882, her body was found lying amongRead MoreComparing the Approaches of the Progressive and Populist Movements893 Words   |  4 PagesPopulism vs. Progressivism Essay During the late 19th century and early 20th century the progressive movement and populist movement were groups and organizations getting together to resolve social, economic, and political problems occurring in the United States. Both movements had different approaches to what was more important and how to deal with problems. Progressivism was mainly for the betterment of cities while populism is for agrarian section of farmers. First of all there were social failures

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)