Contributory Liability - Free Essay Example

Sample details Pages: 10 Words: 3142 Downloads: 9 Date added: 2017/06/26 Category Law Essay Type Analytical essay Topics: Contract Law Essay Did you like this example? Corporate Laws II Introduction There are several factors makes a company stand apart from any other part of business. A company has separate legal entity, has perpetual succession, limited liability et cetera. All these and many more factors make a company different from any other form of business. Don’t waste time! Our writers will create an original "Contributory Liability" essay for you Create order The topic of this project which relates to the legal status and Scope of contributory under the companies act demands the author to analyse elaborate and enunciate on the contributory liability and the relevance and existence contributories in a company. The term contributory refers to the liability of a person to contribute to the assets of a company. Such a liability is not of relevance when the company is a going concern, it comes into existence or become relevant only when the company ceases to be a going concern that is in the event of the company being wound up. With respect to the liability of a member in a going company that is before the liquidation of a company or before the company ceases to be a going concern the liability of a member as to contribute is measured by the contractual obligation arising from his membership in the company and in case of a company which is limited by shares the liability is measured with respect or in accordance with the amount to be paid w hich is limited by the memorandum of association. The project also tries to discuss the liability and the nature of liability of the contributories in the normal course when the winding up proceedings have been initiated and also in the course when the contributory dies and the legal representative of such contributory are instead made liable to fulfil the liability from the estate of the contributory. The project also discusses about the contributory liability of an insolvent member. Through this project the author has tried to analyse the relevance and the scope of the word contributory in the companies act using various case laws. Scope, Objective and Significance The main objective of this project work is to analyse and enunciate about the meaning relevance and the scope of word contributory in the companies act. The scope of the project has been restricted to the scenario which exists in India and the support of various case laws of the Indian courts has been taken in ord er to do justification with the topic. Knowing about the scope, relevance and meaning of the word contributory is quite significant as it directly relates to the limited liability of a company which is one of the most important feature of a company. For the same the author has relied upon various books, cases, articles (both online and off-line), and online research databases. Research Question What is the meaning of contributory in the companies act? What is the scope and relevance of contributory? Chapterisation Chapter 1 à ¢Ã¢â€š ¬Ã¢â‚¬Å" Contributories This chapter will deal with the different kinds of the contributories and will try to elaborate upon the different scenarios of the contributories. Chapter 2 à ¢Ã¢â€š ¬Ã¢â‚¬Å" Contributoriesà ¢Ã¢â€š ¬Ã¢â€ž ¢ Liability This chapter will talk about the nature and the type of liability of the contributories and will try to elaborate upon the scope of contributory liability. Chapter 1 à ¢Ã¢â€š ¬Ã¢â‚¬Å" C ontributories The term winding up and dissolution differs in the sense that winding up is a means by which the dissolution of a company is brought about and its assets realized and applied in payment of its debts. After satisfaction of the debts, if there is any balance, it is paid back to the members in proportion to the contribution made by them to the capital of the company. Once the process of winding up is completed, the company is dissolved. There can be dissolution without winding up under a scheme for amalgamation where the transferor company can be dissolved by an order of the court, without going through the process of winding up. An order of winding up a company does not by itself put an end to its existence although from the commencement of the winding up, the company ceases to carry on the business except required for beneficial winding up. Insolvency is a stage when a company is unable to pay its debt due to financial incompetency or when debts of the company have exceeded the assets of the company. There are two types of insolvency- personal insolvency and corporate insolvency, but here we are concerned only with the corporate insolvency. Insolvency is one of the grounds for winding up of a company. The relevance of the term contributory refers to every person liable to contribute to the assets of company in the event of its being wound up and includes a holder of any shares which are fully paid-up.[1] The terms contributory and member is not interchangeable. Every member would become a contributory whereas the converse is not true. In the case of Rajdhani Grains and Jaggery Exchange Ltd.,[2]it was said that a legal representative in case of a deceased member becomes a contributory but will not become a member till the name of such representative is entered in the Register of members. à ¢Ã¢â€š ¬Ã‹Å"Memberà ¢Ã¢â€š ¬Ã¢â€ž ¢ as contributory A person other than a subscriber to the memorandum, can become a member only when he agre es in writing, no oral or implied agreement being sufficient. Mere entry in the register will no longer make a person a member. He must have agreed in writing to become a member, and the burden of proving this will be on the liquidator. But a person who has assented in his being treated as a member by attending meetings, receiving dividends, etc., will be estopped. A person whose name is present in the register would have to take steps to raise his objections or to have the register rectified, though the courts are very reluctant to order rectification after commencement of winding up.[3] He must not stand by and wait and then, at a later stage, with knowledge that he has been held out to the public as a shareholder of the company, seek to have his name removed. Thus, where a person who knew that his name was entered in the register of shareholders of a company continued to have it for more than three years and took no action to have it removed from the register till he receiv ed the notice from the Official Receiver after the winding up of the company started, it was held that even assuming that the allotment of shares was void yet his application for excluding his name from the list of contributories was rightly dismissed by the court on the doctrine of holding out. The result of this doctrine of holding out is that if a persons name is on the register with his consent, and he claims to have it removed on some ground or other, he must exercise the right promptly, otherwise, he forfeits it. Even where a name is, pursuant to a void contract placed on the register, delay after knowledge may be fatal.[4] But where the transferor had notified to the company the fact of transfer but the company delayed the matter, he was allowed to have his name removed even when the winding up had commenced.[5] The fact that the name was entered in the register on the basis of an insufficiently stamped transfer form is no defence when the company is in winding up.[6] A pr esumption of continuing membership arises from the fact of the presence of the name in the register even if a name could have been dropped for defaults in payment, etc. in terms of the companys articles.[7]Where the membership was on the basis of an allotment which could have been avoided for misrepresentation in prospectus, etc., it cannot be avoided once the winding up is on.[8] The same result will follow where the contract of allotment is subsequently found illegal or void.[9] An entry in the register need not be substantiated by producing documents such as share scrips or letters of allotment.[10] Subscribers to the memorandum of association automatically become members on registration of the company and therefore liable as such to be placed in the list of contributories whether or not any shares were allotted to them or where shares were allotted but they had not paid for the shares.[11]It was held inModal Bank Ltd. v.Janwi Narain[12]that when the applicant accepted the off er for allotment of shares and consented to act as director, the contract was completed and, without any allotment, the person became a shareholder. The fact that the share application money was paid in the form of a promissory note executed in favour of the bank was immaterial. Accordingly, the shareholder was held to be contribution, when the bank went into liquidation. Where an application for shares was subject to a condition to be accepted by the directors and the directors made the allotment but did not fulfil the condition; consequently therefore the allottee obtained a refund order, it was held that his name could not be entered in the list of contributories.[13] Contributory in case of death of a member On the death of a contributory, either before or after he has been placed on the list of contributories, his legal representatives and heirs shall be liable to contribute to the assets of the company in discharge of his liability, and they shall also be regarded as a contributory accordingly. They shall be liable in due course of administration to contribute to the assets.[14]Where an order of payment was made against a contributory who was dead, the court said that remedy of the liquidator lay against the estate of the deceased in due course of administration.[15] The liability of the legal representative of a deceased contributory is only a liability to pay out of the estate of the deceased and extends only to the extent of the value of the estate coming into the hands of the legal representatives.[16] The liability is co-extensive with the liability of the deceased contributory.[17] Contributories in case of insolvency of member Insolvent contributory or, where the contributory being a body corporate has been ordered to be wound up, not only monies due in respect of the contributorys present liability but his liability for future calls also may be admitted to proof.[18] A member does not become a contributory until the winding up. In such case, his rights as a member will vest in his assignee in insolvency who will be the contributory. A shareholder ceases to be a contributory if he is adjudged insolvent.[19] As, after a contributory becomes insolvent, his estate vests in his assignee in insolvency, the contributory has no personal rights in relation to the company and cannot take any proceedings in his own name.[20] Fully paid shareholder is contributory It is now a judicially well-established position that a fully-paid holder of shares is a contributory.[21] A fully paid shareholder will not, however, be placed on the list of contributories, as he is not liable to make any contribution to the assets, except in cases where on distribution of surplus assets he has received a large sum of money and he should repay a portion of that money where later it was found that a debt due to inland revenue was not paid earlier.[22] It is doubtful whether the holders of new shares floated in winding up shall be t reated as contributories and can be required by the court to pay the money to satisfy the debts and liability of the company in their capacity as contributories.[23] Chapter 2 Contributoriesà ¢Ã¢â€š ¬Ã¢â€ž ¢ liability In a going company,i.e., before liquidation, the liability of a member to contribute is measured by the contractual obligation arising from his membership in the company, and in the case of a company limited by shares; it is measured by the liability to pay the amount limited by the memorandum of association. When a company passes into liquidation, a new liability arises and the shareholder becomes a contributory subject to the statutory liability under respective section and in the manner defined by it.[24] This principle does not apply to liability to pay the premium money on shares because that is a matter for contract between the member and the company.[25] A person who is a name lender only (benami), will be held liable as a contributory, though he i s entitled to be indemnified by the beneficial owner.[26] Position of a nominee-shareholder is also the same.[27] A company cannot relieve a member of his liability by purchasing his shares, such purchase being against the Act.[28] Liability to pay interest on the call amount arises after the call has been made by the liquidator and from the date fixed for payment of the call money.[29] The liability is not taken away by any collateral contract under which payment of calls on the shares might depend on any special conditions which have failed.[30] The contributories may be of one class or of more than one class according as the memorandum and articles of the company have defined and grouped the members. The liability which the statute imposes, affects every member who has not paid the full amount remaining unpaid on his shares and he is required to contribute to the assets of the company to the extent of the amount so remaining unpaid. Section 295[31] provides that after a win ding up order is made, the Tribunal may at any time pass an order requiring any contributory for the time being on the list of contributories to pay any money due to the company, from him or from the estate of the person whom he represents. Any money required to be paid by such representatives shall be out of the estate only. In the case of an unlimited company, the Tribunal may allow the contributory to set off any money due to him or to the estate which he represents, from the company, on any independent dealing or contract with the company. But any money due to him as a member of the company in respect of any dividend or profit cannot be set off. Nature of Liability of Contributory The liability of a contributory extends only to the amount, if any, remaining unpaid on the shares held by him. In the case of a contributory, who holds fully paid shares, there is no liability. There is liability only in the case of partly paid shares, to the extent of share amount remaining unpaid. It was held in the case of In re, Apex Film Distributors, Ltd.[32] that liability can only be extinguished by payment. The liability of the contributories is not affected by the companys articles or any agreement between the company and the members. Though the liability is a debt, the liability to pay the debt arises only if and when calls are made, and even then, only to the extent of the amount called. Where the unpaid share money has been mortgaged, this does not give the mortgagee a direct right to call upon the contributories to pay that money. He has to ask the liquidator to call upon the members to pay and then to handover the proceeds to the mortgagee. In this respect there is no difference whether the call is by directors or by a liquidator.[33] Conclusion The term contributory is basically used for communicating the liability of every member or shareholder to contribute to the assets of a company in case the company ceases to be a going concern. The lia bility is limited and extends only to such amount of share which are unpaid. If a shareholder has fully paid up shares then even if he is in the list of the contributories he is not liable to pay any amount as the shares are fully paid up. It is now a judicially well-established position that a fully-paid holder of shares is a contributory. A fully paid shareholder will not, however, be placed on the list of contributories, as he is not liable to make any contribution to the assets, except in cases where on distribution of surplus assets he has received a large sum of money and he should repay a portion of that money where later it was found that a debt due to inland revenue was not paid earlier. In case of a company which is a going concern, this liability is decided on the basis of the contractual terms on whose basis the membership is granted to the member. The contributory liability shifts can shift like in case of a deceased person, the liability shifts from the deceased per son to the legal representative of that person. Insolvent contributory or, where the contributory being a body corporate has been ordered to be wound up, not only monies due in respect of the contributorys present liability but his liability for future calls also may be admitted to proof. A member does not become a contributory until the winding up. Thus, the liability of a contributory is directly related to the limited liability facet of the company form of business. Contributoriesà ¢Ã¢â€š ¬Ã¢â€ž ¢ existence is a matter of concern only in case of the liquidation or winding up of a company, the liability is primarily on the member but it might shift in case of deceased person. 1 | Page [1] Companies Act 2013 2(26), Companies Act 1956 426 [2] Re [1983] 54 Comp. Cas. 166 [3] Somasundaram Pillai v. Official Liquidator, Madras(1967) 37 Com Cases 440 (Mad) [4] Lakshmi (R.) Narasa Reddy v. Official Receiver Sree Films Ltd.AIR 1951 Mad 890,893,894 [5] Darjeeling Bank Ltd., Re,(1960) 30 Com Cases 50:AIR 1959 Cal 335 [6] Yamuna Das Kanoujia v. Behar Engineers and Contractors Ltd.(1944) 14 Com Cases 163 (Pat). [7] Punjab Flying Club, Re,(1934) 4 Com Cases 206 (Lah) [8] Jagannath Prasad v. Official Liquidator(1938) 8 Com Cases 123 [9] Hansraj Gupta v. Asthana(1932) 2 Com Cases 548 [10] L.N. Reddi v. Official Receiver, Sree Films Ltd.(1951) 21 Com Cases 201 (Mad) [11] Babulal v. Naraina Sugar General Mills Ltd.(1958) 28 Com Cases 155 (Punj) [12] (1932) 2 Com Cases 137 (Lah) [13] Indian Merchants Bank Ltd. v. Joginder SinghAIR 1928 Lah 234. [14] British India Banking and Industrial Corpn. Ltd. v. Shiva Chedambaria(1935) 5 Com Cases 43 ,45 [15] Bose (T.N.) v. Pandit Yogeshwar,(1941) 11 Com Cases 296,297 (Lah). [16] See Bayswater Trading Co.Ltd.,(1970) 1 All ER 608 at 610 [17] Agriculturist Cattle Insurance Co., Re,(1870) 5 Ch App 725. [18] SeeMcMahon, Re, Fuller v.McMahon(1900) 1 Ch 173 [19] SeeWolverhampton Steel Iron Co.Ltd.,(1977) 3 All ER 467 [20] Cape Breton Co. In Re,(1881) 19 Ch D 77. [21] SeeRe, Phoenix Oil and Transport Co.Ltd.,(1957) 3 All ER 218 [22] Re, Aidall Ltd.,(1933) Ch 323 [23] Dulleep Singh v. Official Liquidator, Punjab and Haryana High Court, Chandigarh(1988) 2 PLR 378,379 (PH). [24] Hansraj Gupta v. Asthana,(1932) 2 Com Cases 548 [25] Niemann v. Smedley[1973] VR 769;Vedelago In Re(1992) 8 ACSR 135 (Aust) [26] Murshidabad Loan Office Ltd. v. Satish Chandra Chakravarty(1943) 13 Com Cases 159. [27] Peninsular Life Assurance Co., Re, (1936) 6 Com Cases 32 (Bom). [28] Sabaratnam Chettiar v. Official Liquidator, Travancore National and Quilon Bank Ltd.(194 3) 13 Com Cases 61. [29] Pars Ram Brij Kishore v. Jagraon Trading Syndicate(1936) 6 Com Cases 347. [30] Dehra Dun Mussoorrie Electric Tramways Co. v. Official LiquidatorAIR 1930 All 357 [31] Companies Act 2013 [32] (1960) 30 Com Cases 357 [33] Official Receiver, Link Industries Ltd. v. Ramanathan Chettiar(1962) 32 Com Cases 395 (Mad)

Why Employees Are Not Working As A Team - 1184 Words

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A Famous Personality Who Has a Great Influence on Me Free Essays

In the world, most of people need to change themselves. It might be they meet somebody who inspires them to do something that never done before and I am one of those people. I love volleyball so much since I watched SAORI KIMUEA on a TV. We will write a custom essay sample on A Famous Personality Who Has a Great Influence on Me or any similar topic only for you Order Now She is a Japanese volleyball player and very famous because of her beauty, talent, and skills of competition which are reasons for me want to be like her. The previously, I met her. I disliked exercising very much I had never thought that sports were very exciting. I wasn’t interested in any sports. I was very an inert person and didn’t prepare to study, do activities with friends, or the challenging things until I had seen the fierce volleyball game that SAORI KIMURA played, I felt enjoyable and wanted to play, the same time I really admired her smile, beauty, and sweet moving which are the important things for me or can say another way that I want to change myself form an inert person into an enthusiastic person. Initially, I just only watched I didn’t know the rules of volleyball and how to play it. I didn’t have courage I was afraid of the mistakes, but I want to be the best volleyball player, so I decided to play for my dream. I tried to play, but my first time wasn’t easy I began to use my arms to hit the ball, suddenly the ball was backward. In fact, it should be forward, at that time my friends laughed very loud. It was so embarrassing, but I had never surrendered, I tried again I practiced harder and harder. Finally, I can play volleyball better than before, and last year, I became to be a volleyball player of my school team I was very glad. The volleyball taught me many things such as what is the teamwork? Don’t be afraid and technical of doing new things because everything has to practice the same as playing volleyball. For those reasons, I don’t have to worry about mistakes when I do the challenging things. I have to thank Miss SAORI KIMURA who is my inspiration she makes me know the endeavor and have more daring especially, I can play the volleyball like her even thought I haven’t been good enough yet, but I promise that one day I will be the famous volleyball player like SAORI KIMURA. How to cite A Famous Personality Who Has a Great Influence on Me, Papers

My Roots of Fear Essay Example For Students

My Roots of Fear Essay Is fear something bad? Do you think that you’ll look weak to people if you are afraid of something? Well, my own opinion is that’s not true at all: I believe fear is not something evil; it only tells us what our weaknesses and/or insecurities are. And once you know your weakness, you can become stronger as well as kinder. Humans are human because of the capacity of realizing their fears, and so I did. My life has been a roller coaster since I born, so the word â€Å"fear† is one of the words in the top of it – slowing down while it goes to the top until it just goes down flashing over the rails. Different experiences in my life had been a total source of understanding my own meaning of fear. Experience 1: Insecurities, jitters, and panic are some ingredients that often lead people to cook their fears of something, and those ingredients are often found when people get lost and cannot find anyone. When I was little – I suppose when I was around 7 years old – I got lost in the middle of a beach, around night time. I couldn’t help it but to get scared. People walking near me made me feel very unease. But then I realized I was not alone; I was with my loyal dog Pelusa – he would be named Fluff in English. Even if it was impossible for me, I think he was telling me to not be afraid and do not give up hope. So then, I stop feeling lost and hopeless and started to look for my parents with him by my side. Of course, after a while, we could find them and go back home with them. However, I knew then that I could never forget that time, because it was where I knew my own weakness – A weakness of being lost and feeling alone all by myself. But, even when I felt this way, it wasn’t something that bad so I would just give up hopes. This is what Pelusa made me believe in, and I’m grateful for it. Experience 2: New schools in new different countries is a very difficult test for a child like me, who doesn’t want to have a big zero in her â€Å"new friends† grade. So, when a new â€Å"adventure† began in a whole new world, I’ve been always on my own. When people ask me if I’m lonely, I obviously say no. But back then, I would always start crying or sobbing alone somewhere else because I knew I was lonely, and that there was nothing I could do for me not to be it anymore. I was terrified by only thinking of being alone all along in this new environment. Even when I grow up, my loneliness takes over my body and tries to pull me down in the abyss of my fears. I had no idea what to do, or what to think about. But then I realized, that even if my loneliness pulls me down, I still had people who will pull me up again every time I feel like falling. After some days or weeks, I could start talking to other people and make new friends at school. I finally started to stop being afraid, and could find my spot in this new world I came to. Now, I still change of school after some times, but I am not afraid anymore, because I understand that it is not something that only happens to me, but to everyone who have the same experience as me, and decided to stand up. Fears should be avoided, but accepted so you could move a step further. My own fears taught me that: they are nor bad nor evil, but it only depends on how people see them in a situation, whom usually look at them as a bad thing. It probably sounds different from what you’ve heard, but this is my belief basing myself in this experience. .uc83383ef6b9f7987290aa8ee61b38383 , .uc83383ef6b9f7987290aa8ee61b38383 .postImageUrl , .uc83383ef6b9f7987290aa8ee61b38383 .centered-text-area { min-height: 80px; position: relative; } .uc83383ef6b9f7987290aa8ee61b38383 , .uc83383ef6b9f7987290aa8ee61b38383:hover , .uc83383ef6b9f7987290aa8ee61b38383:visited , .uc83383ef6b9f7987290aa8ee61b38383:active { border:0!important; } .uc83383ef6b9f7987290aa8ee61b38383 .clearfix:after { content: ""; display: table; clear: both; } .uc83383ef6b9f7987290aa8ee61b38383 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .uc83383ef6b9f7987290aa8ee61b38383:active , .uc83383ef6b9f7987290aa8ee61b38383:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .uc83383ef6b9f7987290aa8ee61b38383 .centered-text-area { width: 100%; position: relative ; } .uc83383ef6b9f7987290aa8ee61b38383 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .uc83383ef6b9f7987290aa8ee61b38383 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .uc83383ef6b9f7987290aa8ee61b38383 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .uc83383ef6b9f7987290aa8ee61b38383:hover .ctaButton { background-color: #34495E!important; } .uc83383ef6b9f7987290aa8ee61b38383 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .uc83383ef6b9f7987290aa8ee61b38383 .uc83383ef6b9f7987290aa8ee61b38383-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .uc83383ef6b9f7987290aa8ee61b38383:after { content: ""; display: block; clear: both; } READ: Breast Cancer EssayExperience 3: My friend was only 10 years old when her â€Å"change† happened. She was kidnapped in Mexico when, in the city of Juarez, young girls were token away from their families and suffer the greatest of the despairs that they could have in their lives. After this happens, I’ve heard a good news that she was found two years after her kidnapping; they might have been so happy and relieved when they did. I also heard, that when she was found, she changed a little. Not in a bad way, but in a really good way. I was curious, so on day I called her. First of all, I asked her how her experience was at those moments while she was kidnapped. She only told me that all she saw was darkness, tears, and fear spreading all over the place. So I asked her if she still was afraid of going out of the house, fearing of being taken away again. She kept quite a little bit; it was a moment like those seconds that can be felt like hours. After a while, she answered that she obviously was, but she couldn’t just forget about it either. She said that if she hadn’t been taken way, she couldn’t find out that her own fears, and she wouldn’t have the chance to enjoy life again. That she wouldn’t let that stop her of moving on in life, so she did not mind about it and was enjoying life even more than before. I was surprised that after all that she could said that. From that moment, I took her experience as an example of life to look up to. So brave, so full of hopes, so gentle She made me believe that being afraid was something essential in life, like pain or regrets. Now, I’m proud of saying that I believe that we must move forward and reach for what we want, especially when we are afraid. Otherwise, we stand still, we become lazy, we atrophy, and we miss all the wonderful terror of this world. Therefore, I believe fears are essential in life. Human who think they can get rid of it easily haven’t grown or learned enough. If we’re ever afraid, we just have to take action, stand up and move on. We humans have two legs for it, so we can stand and walk. Maybe we can’t help it being scared all alone. There are people who don’t even have their own legs to walk on. However, it is all fine, because they still have people around them who help them to stand up as well. We all have got people who we love and love us close by as well. So, there’s nothing to be afraid of, because we are not alone after all

How far do you agree the lives of black americans did not improve much between 1944-55 free essay sample

There is a great deal of evidence to support and argue the statement above regarding the lives of black Americans and whether they did or did not improve much between 1945 and 1955. Black American’s social position, especially in the South, did not improve much, neither did their voting rights. There was also a huge racially motivated backlash to the Brown v Topeka ruling which did not help to improve the lives of black Americans. However in the North there were a number of social, economic and political changes within the education system and other institutions such as the interstate buses, which aimed to improve lives of black Americans. Unfortunately the impact was limited and de facto change did not, in the majority of cases, happen. The social position of African Americans between 1945 and 1955 suggests there was little improvement in their lives. This is because in the Southern states of America, the roots of slavery, there was still a lack of status for black Americans in 1945 and many suffered from poverty. We will write a custom essay sample on How far do you agree the lives of black americans did not improve much between 1944-55? or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page After the Second World War, where black Americans served for their country abroad, many thought this would lead to great social change. However in Washington D. C, for example, black Americans were banned from all restaurants, cinemas and hotels and were not recognised by white people for their achievements in the War. This belief of white supremacy and black inferiority was enforced by the ‘Jim Crow’ laws which intended to ignore de jure rulings by allowing segregation. This suggests the lives of black Americans did not improve due to the legalised segregation still present at 1945 in certain states, especially ones in the South. Another factor that would agree the lives of black Americans did not improve much between 1945 and 1955 was their limited voting rights. There was some improvement in terms of their growing political power, as American politicians such as William Hastie appointed American Americans to political positions so he could appeal to the masses. Black voters in 1945 were beginning to hold greater voting power, as they could sway the election vote either ways. However this political improvement in the lives of black Americans was extremely limited as Southern states found ways to disenfranchise local African Americans. For example a ‘grandfather clause’ was introduced meaning a black American could only vote if their grandfather had been able to vote. This did not improve their lives in any way as it removed many black Americans ability to vote, which in a sense, removed their right to change their country for the better. Another example of this voting manipulation so the government ‘appeared’ to improve the lives of black Americans by giving them the right to vote was literacy tests. Education was extremely unequal between races, with many black Americans illiterate due to inequality in education. This meant many did not pass the literacy tests and were therefore not allowed to vote. Even educated African Americans struggled to pass the literacy tests and state governments did not apply them fairly. Therefore the lack of voting rights for black Americans suggests little improvement in their lives between 1945 and 1955. Lastly, the backlash to the Brown v Board of Education of Topeka (1954) could also be seen as not improving the lives of black Americans. After Brown’s daughter was refused entry to the local school due to racial segregation, the NAACP and Thurgood Marshall, a leading African American lawyer, took the case to the Supreme Court. The de jure ruling stated that segregation was illegal in American schools. However the immediate reaction from white people was not positive but extremely racist, which did not help to improve black American’s lives. Racists, especially in the South, were led by Senator Harry F. Byrd to put up ‘massive resistance’ which would ignore the de rule ruling and defend segregation within schools. In addition to this, middle class whites set up The White Citizen’s Council which promoted the continuation of segregation within schools and funded white state schools that wanted to become private to avoid desegregating. This de facto reality suggests little improvements to education and to the lives of African Americans, as many schools just ignored the de jure ruling and refused to desegregate schools. One of the reasons for this was the Supreme Court failing to put a timescale on when desegregation of schools should occur. Therefore many white schools just chose not to desegregate their schools, continuing inequality within the races and not giving black Americans a better chance of a successful life in the future. This meant the lives of black Americans did not improve as there still was inequality in education with black Americans receiving little improvements by 1955 than what they had in 1945. On the other hand, there was some improvements, although many had limitations, made for black Americans between 1945 and 1955. An example of this was the increased migration to the less segregated Northern states. By 1950 almost a third of black Americans lived in the North. This was because the wartime boom led to increased employment opportunities in the North, reducing the number of African Americans unemployed to 151,000 by 1945 (almost 750,000 less than in 1940). This economic change improved black American’s lives as they had greater job opportunities, which meant there were better paid than they were before. There was also less legally enforced segregation in the Northern states which meant black Americans had a lot more social freedom which improved their lives massively. However these improvements were not present in the South, as highlighted by the death of Emmett Till in 1955. He lived a desegregated life in the Northern city of Chicago, and was visiting family at the time in the Southern state of Mississippi where segregation was still present. Emmett was murdered just for ‘flirting’ with a white woman, which was not an illegal act, however ‘The Segregated Heart’ meant that there was a huge outrage from white racists for his actions. Therefore this suggests a clear North v South division regarding racial segregation, and if a black American lived in the South between 1945 and 1955, you were less likely to have an improved life. These economic and political changes suggests, in the majority of cases, black American’s lives did improve between 1945 and 1955 which was mainly due to living in the North where there was much more liberal attitude. Another factor which did help to improve the lives of black Americans between 1945 and 1955 was the publication of ‘To Secure These Rights’ and direct action taken by President Truman at the time. The report made in 1947 highlighted the problems of lynching, police brutality towards black Americans, voting rights, discrimination in the armed forces, lack of employment and education and finally the discrimination in the area of health. All of these factors showed just how much African Americans were not receiving the equal treatment as white people. However the report was not meant to be negative, as there were many recommendations that federal governments should enforce to ensure equal civil rights for all Americans. Despite this the report was not totally useful, as many of the recommendations did not lead to de facto change, as many local governments were racist and just ignored the report. Instead, President Truman used his government power to oppose new reforms such as the Executive Order 9980 which enforced equal employment opportunities and the Executive Order 9981 which called for racial equality in the armed forces. The report and direct action taken by the President suggested improving the lives of black Americans between 1945 and 1955 was beginning to happen, although the political changes did not successfully improve their lives due to the continuity of racism in all levels of society, especially within governments. The work of the NAACP helped massively to improve lives of black Americans between 1945 and 1955 by taking segregation cases to the Supreme Court. An example of this, as mentioned earlier, was the Brown V Topeka ruling which highlighted racial inequality within education which led to the Supreme Court unanimously deciding segregation within schools should be abolished. Another example of legal case regarding segregation was Morgan v Virginia in 1946. Irene Morgan, a black American was fined for refusing to give up her seat to a white person whilst travelling on an interstate bus, where moving to the different state meant abiding by the segregated rules on that bus services. The NAACP, with the help of Thurgood Marshall, a leading civil rights lawyer, took the case to the Supreme Court and the de jure declared segregation on interstate buses broke the Fourteenth Amendment and must be abolished. Both of these court cases helped to improve lives of black Americans as they were no longer ruled by what the law said and many places were becoming segregation. However this improvement was limited as there was little de facto chance as it was difficult to regulate whether states were enforcing the new laws. Therefore court cases did help to improve the lives of black Americans between 1945 and 1955 however there were limitations to these legal changes. To conclude there is a great amount of evidence that supports and argues whether the lives of black Americans did or did not improve between 1945 and 1955. The lack of social position and voting rights, especially in the South, suggests the lives of African Americans did not improve and they were just as bad as they were in 1945 than in 1955. Also the huge racial backlash towards the Brown case suggested although legal changes were beginning to happen by 1955 in order to improve black American’s lives, the de facto change was unlikely to happen due to the continued racism from many white people. However the social, economic and political changes made between 1945 and 1955 did suggest some improvements were being made by the government in order to improve black American’s lives but many were just not enforced due to racist state governments. Although changes were beginning to happen within America for improving civil rights between 1945 and 1955, it is clear that in 1955 little had changed within society and the lives of black Americans had not improved. This is mainly due to the continuity of racism, especially in the South that occurred at all levels of society, including governments were meant to enforce desegregation.

Health Care Plan Essays

Health Care Plan Essays Health Care Plan Paper Health Care Plan Paper According to the news release in his website, after sixty years of stagnancy of the United State’s health care system, U. S. Sen. for Oregon Ron Wyden has finally revealed to the public his proposal for a better system of health care. The new proposal or the Healthy Americans Act aims to provide every individual high quality, private and affordable health coverage. Included in the act is a guarantee that all Americans will have coverage of private health care. Also, all Americans will be provided with benefits which are equal to the benefits received by the Members of Congress. Moreover, individuals will be provided with incentives and the focus on disease management, wellness and prevention will be insured. Lastly, tough cost containment will also be provided and over ten years $1.48 trillion will be saved. The $2.2 trillion which is currently spent on America’s health care will make the plan fully paid by spending the said money. The said effort of Sen. Wyden is supported by the labor and business sector. Some of the individuals who joined him during a morning news conference were President Andy Stern of SEIU, a labor group with 1.8 million members; CEO Steve Burd of Safeway, a business group with fifty employers; and Ron Pollack of the Families USA, a health care leader for those with low income. During the conference, Sen. Wyden addressed that there will be no increase in the cost of the health care plan. He added that there will be a better security, financial health and care. He furthered that the quality of health care would be improved by eliminating inefficiency and this could be started by signing up of every citizen for the said plan. Moreover, under the said act every American citizen has the right to choose which health care plan he would like to sign up to. Health Help Agencies (HHAs) which are state-based will help and guide every individual. Unbiased information about the competing Private health care plan of the state will be provided so that individuals will have the time and option which plan best suits him. Again, this health care plan by Sen. Wyden should be supported. This plan will bring equal benefits to every individual. One more thing about this plan which deserves commendation is that there is the essence of democracy when the proposal was made. This is because different sectors were involved and at the end they were all in agreement.

Bandung - Promotion Strategy Essay Example | Topics and Well Written Essays - 1000 words

Bandung - Promotion Strategy - Essay Example The report focuses on attracting the Australian outbound tourists and hence data concerned with their characteristics and preferences have been evaluated. Endowed with natural beauty, Bandung is the third city in the world with art decoration architecture. SWOT and PEST analysis attached in the Appendices indicate that Bandung offers tremendous potential to receive more visitors. However, the destination lacks marketing and promotion strategy as well as the infrastructure necessary for the growth of tourism. 2. Marketing Research Marketing research is critical to any decision or strategy in business as it provides relevant, accurate and timely (RAT) information (Aaker, Kumar & Day, 2001). For every decision relevant information is essential and these can be obtained through marketing research. Thus marketing research has been defined as an information input to decision and not simply the evaluation of decisions made. Again, gathering information through market research is not suffici ent; intelligent use of market research is the key to success. Marketing research plays a vital role in destination marketing strategy. It helps to position the tourism destination and positioning for such products is more than just image creation. A destination is a brand, a combination of all products and services, and experiences provided locally. Positioning helps distinguish similar tourism destinations which facilitates the process of selection for the tourists. Therefore, any tourism destination has to be analyzed based on the Six As framework which includes Attractions, Accessibility, Amenities, Available packages, Activities and Ancillary services (Buhalis, 2000). While the destination management is complex the tourist perceives of the destination as a brand and before visiting they develop an image and a set of expectations based on information gathered from the press, the media, word-of-mouth, and common beliefs. They â€Å"consume† a destination as a comprehensive experience (Aaker, Kumar & Day, 2001) and hence it becomes essential to gather information and project the destination based on the Six A’s framework. This is known as marketing research process. The marketing research strategy determines how the information will be gathered. Secondary data is readily available on any destination through different sources such as government statistics, airlines and hotels. Secondary data helps segment the target market and devise the marketing strategy. Thus, secondary data on Bandung as a destination and on the prospective visitors has been gathered and the key findings presented below. 3. Key Findings Currently Bandung receives the highest number of tourists from Malaysia followed by Singapore and China. Bandung being a low-cost destination, mostly the lower to middle-income groups comprise of the visitors. Based on age demographics, secondary research demonstrates that the young adults and the older adults form the main visitor segment wh ich mainly comprises of young singles and young couples or full nest. The purpose of visit is either for a vacation or to visit friends and relatives. While the male tourists focus on sport activities, the female tourists prefer shopping or cultural activities. Overall, the tourists are intellectually curious and hence try to explore new areas and engage in novel activities. Very few tourists demonstrate inclination for nature-based tourism while the destinati

Begin your Annotated Bibliography Essay Example | Topics and Well Written Essays - 1250 words

Begin your Annotated Bibliography - Essay Example The article also claimed that it has been observed that people in love have a high level of the stress hormone cortisol and lower levels of the neurotransmitter serotonin. This study reported that romance elicits a whole gamut of emotions with varying intensities. An individual in love would experience elation when the romance is at its peak and devastation when the romance ends. The lover also perceives himself differently at different times during the romantic episode. Initially, a person may feel insecure when pursuing the object of his affection, being unsure of how the other feels about him. When he successfully gains the affection of his romantic partner, confidence level is restored or even increased. Furthermore, Slater clarified that love stimulates the production of dopamine. This dopamine is responsible for creating an intense energy, exhilaration, focused attention and motivation to win rewards. Slater explained that dopamine enables the individual to be energetic enough to stay up all night, be bold, bright and risky. He then described that as the relationship between lovers becomes more serious, the hormone oxytocin is released. This hor mone promotes a feeling of connection and bonding. It is mostly associated with feelings of intimacy usually felt when one embraces a long-term spouse. This hormone is also released when a mother nurses her infant. This article assessed that the increased level of self-esteem is a direct benefit of romantic relationships. The article cited the benefits of close relationships. Close relationships encourage the self as it helps one handle the challenges in life such as dealing with failure and setbacks. More importantly, keeping close relationships helps lessen the impact of dreadful life experiences. Close relationships lead to romantic relationships. This article provides the cross-cultural evidence which proves that men tend to place more

Artitic Criticism Essay Example | Topics and Well Written Essays - 750 words

Artitic Criticism - Essay Example The piece of art is characterized by clouds, stars, whirling wind and a sight off hills in the background provides for a larger dimension. Vincent chose a display a dot-to-dot effect on the sky by spacing the stars and providing a curving effect to the sky composition. This was aimed at ensuring the viewers concentrate on specific details of the paint rather than the sky. The technique can be traced to the 1880s where art was influenced by specific details. The painting has a night setting thus the purpose for its name, ‘Starry Night’. The painting displays an isolated night due to absence of night animals and other creators such as the bat. This displays a gloomy night also creates a midnight impression of the area. The whirling winds in the picture try to give the setting life but fails. The only prove of life in the village in the paint is the glowing windows of the cottages. There exist a contrast in the paint, sky above displays a rough and dramatic nature of the setting but the village shows peace and calmness. The hills represents hope, the decision of Vincent to displays two contrasting moods raises questions. Then again, life in the village is minimal as the dead tree on the painting displays death. The purpose of the dead tree and a peaceful village also contradicts the mood. To evaluate the intended purpose of the Dutch, one has to look at his condition while creating the art. At its creation, the painter was on foreign land and was ill. Despite his conditions, he could see a brighter future hence the representation of a lively background and a gloomy sky. The other unbecoming of the paint is the monotony in which the yellow color has been used in that the stars , the moon , the glowing winds and the whirling wind is represented by the yellow color. The idea of Vincent van Gogh is he displays his love for color yellow. However, he tries to balance the sky composition by introducing the white

Why Have Strategic Alliances Grown in Popularity?

Why Have Strategic Alliances Grown in Popularity? Who gains from strategic alliances? â€Å"Google and Lycos Europe Announce Strategic Alliance† (Google press center, 2003), â€Å"Bayer Healthcare and Intendis announce strategic alliance† (Wayne and Montville, 2007), â€Å"Fiat and Chrysler Announce Strategic Alliance† (Car News Gluckman and Kurcezski, 2009), â€Å"City Bank and American Express announce strategic alliance† (Dhaka, 2009). Alliances have become increasingly popular. Over the past years the number of firms forming strategic alliances has risen constantly. â€Å"According to Securities Data Corporation, the number of alliances has increased about 25% per year for the last decade.† In fact some eight out of ten electronics companies now have alliances or are negotiating new ones (Kolasky 1997). The above listed examples show that the trend of forming alliances not only concerns the electronics companies but all business sectors. This essay will critically evaluate on the basis of various examples why strategic alliances have grown in popularity and who gains. Therefore, it is necessary to understand what strategic alliances are and in which types they can appear. A uniform definition of strategic alliances does not exist. Porter (1990, p. ) defines strategic alliances as â€Å"long-term agreements between firms that go beyond normal market transactions but fall short of merger.† According to Dussauge and Garrette (1999, p. ) alliances can be defined as â€Å"a cooperative agreement or association between two or more independent enterprises, which will manage one specific project, with a determined duration †¦ in order to improve their competences. It is constituted to allow its partners to pool resources and coordinate efforts †¦ to achieve results that neither could obtain by acting alone. The key parameters surrounding alliances are opportunism, necessity and speed.† All in all alliances are partnerships, in which merit is combined in order to achieve a mutual goal and to increase sales volume without bearing all the risks. As there are many ways to define strategic alliances there are also many ways of classifying them. To tie in with Dussauge and Garrette (1999) strategic alliances can be divided into partnerships between non-competing firms and alliances between competitors, which are specified in the following. Partnerships between non-competing firms are relationships between companies from different industries, which therefore are not in direct competition with each other. They implicate international expansion joint venture, vertical partnerships and cross-industry agreements. International expansion joint venture opens a new market to the foreign partner and offers the local partner a product to distribute, e.g. Renault and Diesel Naciona, SA (DINA). Vertical partnership is collaboration at two successive working stages within the same production process, e.g. McDonalds and Coca Cola. Cooperations between completely different industries (cross-industry agreements) aspire the diversification of t he activities of companies through a leverage of their abilities, e.g. Philips and DuPont de Nemours produced surface coatings for data storage. Alliances between competitors are divided into three categories, which are shared-supply alliances, quasi-concentration alliances and complementary alliances. Within shared-supply alliances rivals come together to share elements when the display for a particular production process is much greater than for the whole product. The products remain within each company, e.g. Volkswagen and Renault produced jointly automatic gear boxes. In a quasi-concentration alliance just one common product is developed, produced and marketed by all allies, e.g. the collaboration of British Aerospace, DASA and Alenia in the case of the Tornado fighter plane. In the event of complementary alliances a product produced by one company is marketed with the help of the distribution network of another company, e.g. the distribution of Mitsubishi cars by Chrysler. Strategic alliances have gained popularity across many industries. The typification of alliances mentioned above show that alliances are not industry specific, but mostly cross-sectoral. They include amongst others automobile, pharmaceutical and aerospace industries. The reasons for the growing popularity of strategic alliances are quite evident. According to Segal-Horn and Faulkner (1999) one of the primary drivers of strategic alliances is the growing globalisation and regionalisation of markets. Several forces that resulted from the globalisation make the strategy of alliances very important. â€Å"The steady reduction of trade barriers has led to the dramatic growth of cross-border cooperation between companies† (Segal-Horn and Faulkner, 1999, p. 205). The blurring of industry boundaries forces companies to face new rivals. Alliances can provide the companies with capabilities that they need to front global competitors. â€Å"Alliances can provide firms with many benefits such as access to new knowledge, complementary resources, new markets and new technologiesto learn, exploit economies of scale and scope, share risks and outsource various activities along the value chain.† (Gulati et al. 2000 cited in Segal-Horn 2004, p. ) Gulati ´s statement shows that strategic alliances can offer many opportunities and advantages. In respect to technology development the companies can learn from each other as there is an exchange and sharing of technologies, know-how and expertise. This expertise and technology sharing allows the companies to achieve faster the joint aims. To cite Wagonor (2001) manager of GM, â€Å"leveraging on someone who does it better allows you to get there faster.† Canon and HP shared their technologies in copier business. Canon developed the technology for toner and toner cartridges and HP developed the software and computer chips to operate the cartridges (Acredula, 2001). Concerning the market development collaboration can facilitate international expansion and the companies can benefit from a faster entry to new markets. In the case of the alliance between Coca-Cola and Proctor and Gamble (PG), Coca-Cola benefited from a faster entry into the snack and non-carbonated beverage market (Acredula 2001). An alliance partner can also help a company that enters a foreign market with local knowledge, logistics and domestic behaviour as well as with the governmental requirements. Another advantage that an alliance offers the companies is maintenance of the market position and production at lowest cost locations which leads to a very important advantage, cost reduction. Allies in cooperation can for example share costs for advertising and marketing as well as the costs for research and development (RD). In the case of failure the partners of an alliance share the risk as it is spread between all allies and can therefore minimize their damage and losses. This makes the companies more willing to take a risk as they would be alone. Finally, the shrinking product life cycle which cause growing pressure for innovation and growth has forced companies to look outside their own borders for new ideas (Bannerman, 2005). To sum up, strategic alliances allow firms to share risks and resources, gain knowledge and technology, expand the existing product base, and obtain access to new markets. The named advantages of strategic alliances can help companies to keep pace with increasingly complex technologies and constantly changing global markets (Kolasky, 1997). Forming alliances seems to be a useful tool to adopt to the changing market conditions and to stay competitive in a global business world. According to Johnson and Scholes (2008) enterprises sometimes cannot cope with increasingly complex environments only with interior resources and competences. They may see the need to obtain materials, skills, innovation, finance or access to markets through other cooperation s. A single firm is unlikely to possess all the resources and capabilities to achieve global competitiveness† (Dussauge and Garrette 1999, p.). Collaboration is often necessary for the survival and growth of a company. Alliances are a useful strategy to pool competences, technology know-how, skills and resources together to create a new unit (De Wit and Meyer, 1998). Toshiba believes that â€Å"a sing le company cannot dominate any technology or business by itself†. That is why Toshiba chose the strategy of developing relationships with different partners (e.g. IBM, Siemens, GE, Ericsson, Microsoft, Samsung) for different technologies which helped the company to become one of the leading players in the global electronics industry. Toshiba is successful with that strategy because of a thorough alliance partner selection. Toshiba has chosen Apple Computers as a partner to develop multimedia computer. Toshibas manufacturing expertise combined with Apples software technology was an achievement because the alliance allowed both companies to gain from each others competences (Kotelnikov, 2001). However, not only companies come off as winners from strategic alliances but also suppliers, employees, consumers, the government as well as shareholders of the allied companies. It is obvious that companies gain higher sales and therefore higher profits, e.g. the collective revenue for the partnership of the Star Alliance is at more than $63 billion. Furthermore, suppliers gain new clients. The increasing number of clients leads to more orders that in turn lead to more turnovers and more profit. The exchange of know-how and expertise mentioned before benefit the employees. The special knowledge makes them more employable and can assure a safer workplace. As companies are able to produce their products at lowest cost locations, reduce costs and diversify their product range consumers can profit from a wider range of products to more favourable prices. The increasing consumptions and more exports than imports lead to a higher Gross National Product (GNP) in the country of the producin g company. As a positive side-effect the shareholders benefit from higher dividends because increased sales force leads to higher turnover and higher share prices (Acredula, 2001). The last two paragraphs show that strategic alliances present several potentially beneficial advantages. However, alliances also have been criticised. Their high failure rates – half of the alliances fail show the other side of the coin (Acredula, 2001 b). Some organisations may only have one option – namely going it alone. This can be in the case of â€Å"working in a field which is breaking new ground or where there are no other suitable partners available† (Johnson and Scholes, 1999, p. ). The risk of exposing competences and technical know-how to partners who can become future competitors and disputes as well as issues that result from working with other partners, sharing of profits and advantages, less autonomy and control are also significant points that have to be considered. For example, one partner may go into an alliance for short term learning gain, whereas the other partner may see the alliance as more strategic, long term and replacing one area of i ts value chain. Dutch KLM and Alitalia could not avoid the failure of their full merger as partners compatibility did not exist and Alitalia did not come up with arranged expectations. Like most alliances they have failed due to differing objectives or motives of the partners (Witt and Mayer 1998). The companies have to be aware that alliances require a clear strategy and hard work. Careful planning like a clear definition of core competencies, goals and objectives as well as a limitation of the partners role and relationship and a timeline – a deal structure with an exit plan are essential to eliminate or rather to avoid disadvantages as well as to succeed. â€Å"According to a survey of 455 CEOs, the most important factor in designing a strategic alliance is the selection of the right partner (chosen by 75% of the CEOs)† (Holohan, 1998). But one has also have to go beyond the visible peak of the iceberg and consider the main fundamentals of a successful alliance including communication, transparency and trust (Johnson, 2005). Although, alliances are often criticised for being a slower form of development and despite the high failure rate the constant growth of alliances will definitely continue in the future (Johnson and Scholes, 1999). References De Wit, B. and Meyer R.J.H. (1998), Strategy – Process, Content, Context: An International Perspective (2nd edn), London: International Thomson Publishing Dussauge, P. and Garrette, B. (1999), Cooperative Strategy: Competing successfully through strategic alliances, Chichester: John Wiley and Sons Inc. Johnson, G., Scholes, K., Whittington, R. (2008), Exploring Corporate Strategy, Text and Cases (8th edn), London: FT Prentice Hall Porter, M. E. (1998), The competitive advantage of nations: with a new introduction by the author, London: Macmillan Press LTD Segal-Horn, S. (2004), The Strategy Reader (2nd edn)., London: Blackwell Publishing, , p 355-366. Segal-Horn, S. and Faulkner, D. (1999), The Dynamics of International Strategy, London: Thomson Business Press, , p 205-236. Aarons, R. (no date) ‘Ten Reasons to Create a Strategic Alliance, [online] Available from URL: http://www.1000ventures.com/business_guide/strategic_alliances_main.html (accessed 10 November 2009). Acredula Newsletter (2001) `Strategic Alliances Gain Popularity Over Mergers and Acquisitions`, August 2001, Vol. II No.9, [online] Available from URL: http://www.bricker.com/Publications/articles/523.pdf (accessed 14 November 2009) Bannerman, P. (2005), `Strategic Alliances in Education and Training Services ,A Literature Review`, Joan Spiller CORDS Pty Ltd., Australian Graduate School of Management, The University of NSW and the University of Sydney , May 2005, [online] Available from URL: http://www.aei.gov.au/AEI/MIP/ItemsOfInterest/05Interest26b_pdf.pdf Car news Gluckman, D. and Kurczewski, N. (2009), `Fiat and chrysler announce strategic alliance`, January 2009, [online] Available from URL: http://www.caranddriver.com/news/car/09q1/fiat_and_chrysler_announce_strategic_alliance-car_news, accessed on 12 November 2009. Dhaka (2009), `City Bank and American Express announce strategic alliance`, 7 November 2009, [online] Available from URL: http://home3.americanexpress.com/corp/pc/2009/citybank.asp, accessed on 15 November 2009. Google press center (2003), `Google and Lycos Europe Announce Strategic Alliance`, 5 June 2003, Mountain view, California/Gà ¼tersloh, Germany, [online] Available from URL: http://www.google.com/press/pressrel/lycos_de.html, accessed on 12 November 2009. Holohan, M. Paul (1998), `Business alliances: how to find a good partner`,International Journal of Business Performance Management 1998, Vol. 1, No.1, pp.79 – 89, [online] Available from URL: http://www.inderscience.com/search/index.php?action=recordrec_id=4546prevQuery=ps=10m=or Johnson, L. C. (2005) ‘Understanding the Role of Cross-Sector Strategic Alliances in The Age of corporate social responsibility, 12 April 2005, p47-55, [online] Available from URL: http://fletcher.tufts.edu/research/2005/Johnson.pdf, accessed on 10 November 2009 Kolasky, J., William Jr. (1997), `Antitrust enforcement guidelines for strategic alliances`, presented at the Federal Trade Commissions, Hearings on Joint Ventures, Washington, D.C. Kotelnikov, V. (2001) ‘Strategic Alliances: Why and how to build them, [online] Available from URL: http://www.1000ventures.com/business_guide/strategic_alliances_main.html accessed on 10 November 2009 Wayne and Montville (2007), `Bayer healthcare and intendis announce strategic alliance to co promote yaz drospirenoneethinyl estradiol for treatment of moderate acne`, 7 May 2007, [online] Available from URL: http://www.intendis.com/scripts/pages/en/press_amp_media/news/bayer_healthcare_and_intendis_announce_strategic_alliance_to_copromote_yaz_drospirenoneethinyl_estradiol_for_treatment_of_moderate_acne.php, accessed on 12 November 2009. Acredula (2001), Newsletter,  ´Not All Strategic Alliances Are Successful ´, September 2001, Vol. II No. 10, [online] Available from URL: http://www.bricker.com/publications/articles/528.pdf accessed on 14 November 2009 Cartwright, S., Cooper, C. L. (1996) Managing mergers, acquisitions and strategic alliances: integrating people, 2nd edn, Butterworth-Heinemann, Oxford Jarillo, J. C. (1995), Strategic networks: creating the borderless organization, Butterworth-Heinemann, Oxford. Velasquez, M. G. (2002) Business Ethics – Concepts and Cases, 5th edn, Prentice Hall, London. [emailprotected], University of Pennsylvania (2008) `Thought Leaders II: Collaborating To Compete: The Rise of Coopetition and Strategic Alliances, March 2008, http://executiveeducation.wharton.upenn.edu/ebuzz/0803/thoughtleaders2.cfm, accessed on 10 November 2009. Segmentation: E-business market Segmentation: E-business market 1.0 Introduction This report will cover some outlines of segmentation and how to target the potential market for our new E-business in the market it is important that we understand what kind of requirements there are for effective segmentation. I would try to compare and contrast some of the important points give some examples. Also to keep our position safe in market and to keep running a successful business first we need to consider different segmentation processes and then I would define the business model according to our E-Business. 1.2 Identify the target markets for Complete Training Solutions intended expansion. The school will need to consider the demographic, geographical, psychographic, and consumer characteristics of there identified markets. For that school need to understand the market segments which are as follows. 2.0 What are the market segments are? Market segmentation may be defined as Jobber says that â€Å"the identification of individuals or organistaions with similar characteristics that have significant implications for the determination of marketing strategy†. â€Å"Where segmentation is the first and one of the most important steps† (Yan, 2008). Where as according to Lancaster Reynolds market segmentation is defined as â€Å"the process of breaking down the total market for a product or service into distinct sub-groups or segments where each segment may conceivably represent a separate target market to be reached with a distinctive marketing mix. 2.1 Market segmentation A segment is a unique group of customers or potential customer who share some kind of common characteristic that make them different from other groups. Proctor thinks that different segments may have different needs, they may ask for different versions of the same product, pay different prices, buy in different places and they may be reached by different media. Every one has the own opinion and own choices. It is very important for us to keep a healthy relationship with the customers and to do this they need to understand their customers demand. According to Proctor in consumer markets customers and prospective customers can be grouped together or segmented by attitude, lifestyle, age, gender, stage in the family, lifecycle, job types, level of earnings and many others relevant variables. These things should be kept in mind whenever introducing any new brand because if we want to maintain our image in the market then we need to fully understands the logic of customers and their purchasing behaviours. It is very important for us to identify what each segment wants, what it can afford, whether it is loyal to a particular competitor and how it might respond to an offer is vital information. As mentioned by Proctor that market segmentation and accurate targeting keeps a firm close to the market. It reduces waste, finds the best customers and helps to keep them satisfied. Segmentation is very useful tool. But it is necessary for us to understand each and every sub-group in order to get the positive result from customers and to compete with competitors in the market. As mentioned by Croft the methods of separating the market according to similarities that exist among the various subgroups within the market. Characteristics, needs and desires may be the common similarities. Market segmentation comes about as a result of the observation that all potential users of a product are not alike, and that the same general appeal will not interest all prospects. Therefore, it is essential to develop different marketing tactics to effectively cover the entire market for a particular product. There are four basic market segmentation strategies: behaviour segmentation, demographic, geographic, and physiographic segmentation. 2.2 Demographic segmentation Involves dividing the market on the basis of statistical differences in personal characteristics, such as age, gender, race, income, life stage, occupation, and education level (Anon 2002) We could focus on customers age because user needs and wants change with their age although they still want to learn the same types of courses. In order to introduce the new ideas in market and we should look at the design of the courses and what will be the learning outcomes we could meet the user demands of different age group. Income is another popular basis of segmentation. Customers will be more attractive towards the less income. We need to understand this point that in marketing the courses that appeal directly to the customer is relatively low prices. So therefore other variables of demographic are as important as mentioned above and they should not be neglected. 2.3 Psychographic segmentation It is based on the assumption that the types of products and brands an individual purchases will reflect that person personality and patterns of living. Generally to promote the product marketers are using celebrities, such as football team. If we use this technique for her new courses then we could create a big image in front of users. As it mentioned in the definition that every one has different life style, they have there own opinions but it could be influenced by other people personalities. This is benefit for us because for example if David Becham is learning the team building strategies from our institute then the user influencing his fans to join in the same course. 2.4 Geographic segmentation Lancaster Reynolds said that geographic is consists of dividing a country into regions that normally represent an individual sales persons territory. This is mostly suitable for broad companies and these massive regions are then broken down into areas with separate regional manager controlling salespeople in distinct area. This will help only if we expand our company our institute international, so far there is need of geographic segmentation. The geographic segmentation method is useful where there are geographic locations differences in consumption patterns and preferences but in our case we need to think about that because our institute is more about online courses so we have to consider about that. 2.5 Behavioural segmentation As stated by Lancaster and Reynolds behavioural segmentation is based on actual customers behaviour towards products. It has the advantages of using variables that are closely related to the product itself. Such as: brand loyalty, benefits sought, occasions (holidays, events which stimulate point for marketing) etc. As Lancaster Reynolds stated that the customers that can be divided into number of groups according to their loyalty, or their propensity to repurchase brand again is called brand loyality. Actually we have to think about if we will provide the those learning facilities are those are enough for the learner requirement with that they can bring some more students for the reappearing in the same courses or tell others to participate in those courses those are good and according to the your standards this is some sort of the advertisement when any costumer tell other customer for the same product just we need to think about if, if the user doesnt like our learning style then what will be our next plan to satisfied the learner. 3.0 Effective segmentation The needs of customers should be central to all business decision making so therefore Effective segmentation can be achieved by solving the problems of users. The major dimensions are price, service, product and quality for example an image of institute. Therefore it is necessary to identify all the requirements of user so realistic segments could be targeted. Kotler said that, â€Å"A customer orientation toward marketing holds that success will come to organizations that best determine the perceptions, needs, and wants of target markets and satisfy them through the design, communication, pricing, and delivery of appropriate and competitive viable offerings†. According to Xu, Jianfeng â€Å"An accurate and effective segmentation technique is the basis of the ideal dynamic heart modeling†. One author state that effective segmentation is about customer needs, demands and other is telling the importance of effective segmentation. Each segment should be evaluated in terms of its overall size, projected rate of growth, actual and potential competition and customer needs. According to the targets we need to decide which criteria is appropriate for assessing different bases. 3.1 Measurable According to Recklies it has to be possible to determine the values of the variables used for segmentation with justifiable efforts. This is important especially for demographic and geographic variables. For an organisation with direct sales the own customer database could deliver valuable information on buying behaviour (frequency, volume, product groups, mode of payment etc. 3.2 Accessibility Lancaster Reynolds researched that accessibility base used should ideally lead to the company being able to reach selected market targets with their individual marketing efforts. 3.3 Validity Reynolds and Lancaster mentioned the extent to which the base is directly associated with the differences in needs and wants between the different segments. Given that segmentation is essentially concerned with identifying groups with different needs and wants, it is vital that the segmentation base is meaningful and that different preferences or needs show clear variations in market behaviour and response to individually designed marketing mixes. 3.4 Substantial According to Lancaster Reynolds substantial is the base used which lead to segments which are sufficiently enormous to economically and practically worthwhile serving as discrete market targets with a distinctive marketing mix. If we need to make segmentation effective it is important that we know that where and who we targeting. Segmentation is the basis for developing targeted and effective marketing plans. 4.0 Targeting Lancaster Reynolds mentioned that after market has been separated into its segments, the marketer will select a segment or series of segments and target them. Each segment has different tastes and demands unique marketing mix in order to make the product or service more attractive to those customers who occupy that market segment. The process of manipulating the marketing mix in terms of differentiating products, methods of communication and other marketing variables is known as ‘target marketing. After the process of segmentation the next step is for us to decide how it is going to target these particular group(s). There are three options Undifferentiated marketing Differentiated marketing strategy Concentrated Marketing We should use differentiated marketing because we can use several segments and develop distinct courses with separate mix strategies at the varying groups. Mr Jobber stated that â€Å"When market segmentation reveals several potential targets, specific marketing mixes can be developed o appeal to all or some of the segments†. As Siklos and Abel says that â€Å"Thegiving inflation targeting an additional credibilityboost many emerging markets†. Comparing these two definitions of different authors its becoming noticeable that targets play an important roll to achieve goals. It would allow us to identify specific customers groups with different needs and wants and also the unfilled gaps in a market can be apprised and then satisfied through unique product or promotional offering (Lancaster Reynolds 1999). Target marketing can thus be said to be the process of identifying market segments that will be the most likely purchasers of a companys products, and devising inventive marketing approaches to suit these specifically distinguished needs (Lancaster Reynolds 1999). After segmentation process has taken place as Lancaster and Reynolds mentioned that each segment should be identified and must be assessed in order to decide whether or not it is worthwhile serving as a potentially profitable target market with its own distinctive marketing mix. Where there is good sales and profit potential the favourable attributes of a target will include segments. If competition is not too intense and where the segment might have some previously identified requirements we should able to serve them. 5.0 Mix marketing As mentioned by Lancaster and Reynolds that the marketing mix describe the functional aspects of marketing over which the company has control. This includes what E Jerome McCarthy dubbed the ‘four Ps in 1960, namely, Product, Price, Promotion and Place. In addition to these four Ps, is sometimes added a fifth P People, which includes the people who mainly carry out the function of marketing and who interface with customers. These have been described as the key elements of the marketing function. There are two further Ps that specially relate to the service industry because of its tangible nature. These are Process and Physical evidence. These are called the seven Ps of service marketing. However we should understand the notions of four Ps which are still prevails in marketing litre. The elements of marketing mix are all related in terms of how they combine in the marketing planning process. Lancaster Reynolds pointed out that it is the skill of marketing management to ensure that the combination chosen is a successful one. â€Å"Marketing is seen as a strategic management activity aimed at developing customer relationships. Concepts such as the four Ps (product, price, place and promotion), marketing plans, the marketing mix, segmentation, promotion and evaluation are identified and discussed in relation† (Wakeham, Maurice 2004). According to these authors we can see that with marketing mix we could raise the strong relationship with users and with the concept of 4 Ps we can identified and evaluate the segmentation. Lets expand on these 4 Ps and see how we can link them with our new online learning facilities of Team Building, Assertiveness, Coaching Skills and Delegation Skills for the Busy Professional. Mission statement draft: A learning experience that prepare students to contribute in a dynamic, global, and diverse business environment. Our mission is to provide training to all level of the users who ever is connected with their business, Including team building, assertiveness, coaching skill and delegation skill for the busy professionals. Objectives Aim Our school of intelligent learners is for the users who wants to build up there extra qualities for to compete the new era requirements. And our aim is to provide them up to date training which is purely concerned for the business levels. Our school is one of the best schools in Bradford. Currently we are struggling for more students that is why we are moving online and we will provide online courses for the relevant business. That was the our main reason to be online but there is one more reason to be online is that before we were enable to mark the global market now we can mark the global market by choosing online learning facilities now we can provide our service across the glob where ever any one and any type of user can access us and learn what ever they want from our main courses. We will provide online video and audio conferencing which is the solution to save the cost of the booking hotels and halls. Our main concern is to think about the user from different back ground from any part of the world we can arrange there course in any language. Our basic and main aim is to provide them solution for their problems. Value proposition: For the learners satisfaction school has to think about the language, course compatibility, learning facilities for the disable people which we dont have at the moment so we have to concerned about those problems and we have to satisfy the learner needs by that as a distance training provider we will have to save their time and they can chose there own learning style and they can manage their staff as possible as they want they can call more people if they want they can organize big halls for more people and they can provide the requirements for the disable peoples as well by using the our video and audio libraries. Product and services: The school will provide Team Building, Assertiveness, Coaching Skills and Delegation Skills for the Busy Professional. That will be a complete training for the bingers as well as for the expert. Expert can learn new techniques and binger can develop some skill too for the requirements of the new era. School will also provide some extra courses as well whoever will join the school for instance, web development in visual basic oracle it is good for the companies for there advertisement and for account as well. Learning on internet is the best learning style then old time styles you can learn while sitting at home at your own pace. The school will provide you the services of all the documentation and applications with which the students and companies can enable to access the schools resources. Business models: There could have been taken several attempts to categorize all the business models emerging with the coming new economy in order to understand how e-companies are making money or not making money. Some of are the company see there business model highly exposed such as the reverse action model of Priceline or online grocery model of shield. But still, is at all so clear so far? For instance, ebay.com might be typical of an Agora B-web like in Chicago but all the same as ebay.com and the main function is to be a online merchandiser. All of them have the same object but the different perspectives. Is there any better or could be worse way to explain or justify the business models? Are those comparing with each other or allowing comparisons? Do they help customer to categories the different actors in the same category, for instance online grocery shop? Do they explain why some of them benefits from the financial figures? Nowadays new business models do not finish emerging in electronic c ommerce and can become a major stake in the e-business game ((Maitre and Aladjidi (1999), Kalakota (1999)). It is even possible to patent them in some countries (Pavento (1999)! Research issue is important to understand the new business for to helping to design but not covered so well until now. E-business modelling has similar as to enterprise modelling in general. Modelling helps the companies to develop their business visions and strategies, redesign and align business to operations, share knowledge about the business and its vision and ensure the acceptance of business decisions through committing stakeholders to the decisions made (Persson, Stirna , 2001). A business model is nothing else than the architecture of a firm and its network of partners for creating, marketing and delivering value and relationship capital to one or several segments of customers in order to generate profitable and sustainable revenue streams. The E-Business Model framework is therefore divided into four principal components. The products and services a company offers, representing an ample value to a target customer (value proposition), and for which he is eager to pay. The relationship assets the firm creates and maintains with the customer, in order to suit him and to generate sustainable revenues. The communications and the network of partners that is necessary in order to create a good customer relationship. And last, but not least, The financial aspects that can be found throughout the three previous components, such as cost and revenue structures. If we think in depth how the school is related to the business models and how it will work to generate the more revenue. Basically the intelligent learners is associated with several business models. The main models include business-to-business (B2B) and business-to-consumer (B2C). B2B consists of companies and school doing a business with each other, whereas B2C involves selling directly to the end consumer (students). When intelligent learners first began, the B2C model was first to emerge. B2B transactions were more complex and came now. Conclusion: some of the benefits associated with online intelligent learners are include the availability of information 24/7. Students and companies can log onto the Internet and learn about products, as well as purchase them, at any hour. Intelligent learners can also save money because of a reduced need for a sales force. Overall, intelligent learners can help you to expand from a local market to both national and international marketplaces. And, in a way, it levels the playing field for big and small players. Unlike traditional marketing media (like print, radio and TV), entry into the realm of Internet marketing can be a lot less expensive and offers a greater sense of accountability for advertisers.

Dime Store :: essays papers

Dime Store I Can’t Hear a Damn Word You’re Saying â€Å"‘Those who deprecate the free supply of such ficticious works as the public demands, are generally in favor of the entire exclusion of fiction of a sensational cast, a course which will unavoidably result in alienating from the library the very class most needing its beneficial influence’† (Denning, 49). It is obvious here that William Fletcher attached more significance and importance to dime novels than most â€Å"serious intellectuals† did in the late 1800’s. In fact, most people, particularly in the middle class, thought dime novels were vulgar and that they caused young children to imitate the actions of the likes of Buffalo Bill and Deadwood Dick. But both the production and the popularity of dime novels (especially) among the working class suggest that something more profound than cheap entertainment compelled them to read these works of fiction. Contrary to what many literary scholars and those in the middle class believed--and perhaps as indicated by the various reactions to them, these plotlines and characters were appealing to the working class on more than just one level. The rate at which dime novels were produced is astounding. â€Å"William Wallace Cook began by receiving a title and synopsis for a serial, and would then write, adapt and revise installments to meet the ever-changing specifications of the publisher. Almost all the accounts tell the story of novels written at exceptional speed in marathon sessions, and all emphasize the sheer quantity of writing† (Denning, 21). It was not uncommon for authors to write entire pieces in one week or less, some not bothering to edit their work. Many admitted that their motivation for writing stories at such a pace was money, but most maintained that the material contained in their stories was not immoral or vulgar, but rather, useful. It is interesting to note here that, while the adverse reaction against dime novels eventually became a reflection of the class that was supposedly reading them, the authors themselves were not from the working class. In fact, the dime novel â€Å"was a commercial product of a burgeoning industry employing relatively educated professionals--writers who also worked as journalists, teachers, or clerks† (45). The judgments passed on those reading the dime novels was limited to the working class; but the very material that was thought to be immoral was invented in the minds of middle class people.