Changing an Outdated Policy Assignment Example | Topics and Well Written Essays - 1750 words

Changing an Outdated Policy - Assignment Example This policy stipulates that the tutor must be present during the actual class lesions .The tutor is required to teach, make presentations in class and to evaluate the students. The evaluation is always in either in the form of short questions answered within the class. This policy enables the tutor to get direct feedback from the students on whether the topic or the lecture has been understood. The students are also able to seek clarifications of unclear points. The policy makes the classroom teaching more interactive. The student gets the chance to reason out points among themselves in class. The interactions make learning more fun and interesting. Though this policy has its own advantages, it also has some disadvantages. It has low differentiation level. That is, it does not allow students to move at their own paces. It has lower student attendance and engagement. Once a student misses a lesson, catching up will be difficult hence reduced engagement in the class activities. The stu dent and the tutor will not be about the same topics. The current method that needs to be introduced by educators to make learning more productive is the flipped classroom. ... The flipped classroom has a lot of advantages over the traditional teaching method. It allows for greater differentiation since the students are able to move at their own paces. Improved student attendance and engagement since when the teacher will be present in class, he or she will be dealing with the assignments where everyone is required to participate. It facilitates more proactive interactions between the teachers and the students. This is because both the parties will be engaged in problem solving. The flipped classroom is student centered, more economical on the part of the administrators since it allows them to hire fewer teachers since the teachers do not spend a lot of time in class. Changing the Policy The first , ISLLC standard for school leaders states that a school administrator is an educational leader who promotes the success of all students by facilitating the development , articulation , implementation and stewardship of a vision of learning that is shared and supp orted by the school community. This means that a school administrator should always strive to bring changes that will improve the performance of the students. This includes updating of the out of date policies. The policy that the teacher or the tutor must be present during lesions is out of date and should be replaced by flipping classroom where the teacher’s presentations are recorded on video and the tutor only discusses the assignments the student in class. The selected policy to update or change will benefit the school in many ways. Firstly, it’s economical since the school will not be required to hire more teachers since the teachers will not be required to spend a lot of time in class. Secondly, the policy change will help to improve the grades in the

Multicultural Issues in Counseling Essay Example for Free

Multicultural Issues in Counseling Essay In the field of counseling and psychology, it is always necessary that the counselor understands the predicament that the patient is facing. This is because, this patient is coming for assistance because he or she is not in a position to do his activities right. Therefore in this case it is necessary that the supervisee and in this case Ann has all the attributes that are needed as this is the only way that she will be able to help Donald. As Barratt, E. et al, (1997) in their research found out, it calls for a good rapport between the counselor and the patient for the patient to receive meaningful treatment or help. This is not the case here as Donald is always complaining that Ann is not giving him enough attention. In real sense, it is the broken rapport that exists between them that is the problem. In the content of my informal assessment of Ann’s multicultural counseling skills, I would clearly indicate that Ann lacks the basic and crucial skills that are necessary for a counselor to execute his or her duties. I understand that the main reason for this is the background where Ann has grown. She has grown up in an area where there are no mixed races. This developed in her limited socialization skills when dealing with people. This is her new interaction with a person from a different race and due to this; it becomes very difficult for her to deal with the patient. As Gladwell, (2007) argues, it calls for a counselor to have good communication and socialization skills so that he or she can be able to assist a patient. In addition, the counselor should understand that the patient is not in the right frame of mind. The counselor should not give the comments that the patient gives the same weight as the way he or she would if the person was in the right frame of mind. These are some of the basic attributes, which Ann lacks, and I would include this in my informal assessment report. According to Dinn, W. et al, (2000), gauging the level of awareness has its basis on how well one executes the duties assigned to him or her. In this case, Donald is complaining that he is lacks appropriate attention and therefore he is contemplating on stopping treatment. On the other hand, Ann is claiming that she has done all that she could so to help the patient. This is a clear sign that Ann is giving up. The patient is already hopeless and the doctor or the counselor can only revive his hope. If the counselor loses hope, it means that there is no chance of recovering. It is also a clear indication of lack of commitment and objective by the counselor. The level of Ann’s self- awareness is therefore very low. The reason is that she is not fully aware that she is the counselor and that the patient really needs her assistance. She seems to forget her role in the whole process, which is to help the patient recover. In addition, Ann is complaining that Donald is over-dependent on her. She fully understands that Donald is suffering from Schizophrenia and dependency is expected. This is a clear indication that Ann happen to have very limited knowledge of the appropriate treatment interventions. For instance, it would be absurd for a surgeon to complain that he or she is encountering a lot of blood when he or she fully knows that this will be inevitable. If we receive such a complaint, it is a clear indication that the person has no or limited knowledge of what he is doing and what he is supposed to do. This is the case happening with Ann. At the same time, Ann is complaining of not having a good communication with the patient because he has difficulty expressing himself in English. As she was born and raised in only one region, there are chances that she did not have good socialization and communication skills and probably the problem is not the English but the access which she is having difficulty understanding. In conclusion, in my informal assessment, I would clearly indicate that the problem here is not the patient but Ann. She seems to lack the basic attributes of a counselor. A good counselor should be dynamic in all the activities that he or she is doing. He should not use a universal platform to treat his or her patients. He should take each patient individually, understand him or her and adopt a proper method in treatment. This is something that Ann needs to improve on. She also needs exposure as she has very little experience in dealing with people. For instance, she has very limited if any knowledge and experience with the African-American culture and all this is attributed to the way she was raised. ? References Barratt, E. et al. (1997). Neuropsychological Cognitive Psychophysiological Substrates of Impulsive Aggression. Biological Psychiatry , 1045-60. Dinn, W. et al. (2000). Neurocognitive Function in Antisocial Personality Disorder. Psychiatry Research , 173-92. Gladwell, M. (2007). Blink: Power of Thinking Without Thinking . Irwin: Back Bay Books .

History of Turkish Occupation of Northern Kurdistan Essay -- Turkey Ku

History of Turkish Occupation of Northern Kurdistan Since 1984, and especially the last few months, the domestic problems of a major N.A.T.O, Middle Eastern, and American ally state have come to the forefront of the international news scene. That state is the Republic of Turkey and it's primary troubles stem from the past seven decades of acrimonious policies directed at the indigenous ethnic Kurds. The main problem, now, is the Kurdish popular insurgency on it's hands, in Turkish occupied Northern Kurdistan. The Kurdish question has long been covered up and denied by the state of Turkey, but recent events has forced Turkey to concede that it has a serious Kurdish insurgency on its hands. Turkey's inability to deal with this situation is the result of the past seventy years of cultural, political, and human rights abuses directed against the Kurdish population. In fact, this "separatism" is so out of hand that the Turkish government has incessantly appealed to it's allies and advisories alike to help counter the escalating Kurdish asperation to succeed from the Turkish republic. Turkey's sputtering and deteriorating economy is directly related to the long Kurdish struggle for independence. Turkey has spent over eight billion dollars or twenty percent of her GDP to combat the ever deteriorating predicament in northern Kurdistan, and should spend more in the future(Laber). Because of the violence, the once prosperous tourist business of Turkey, has now lost about $1.5 billion dollars annually since 1990. Many people now talk openly of another possible military coup, there were three major military coups during the last thirty years (Alister) These circumstances in the state of Turkey have also hurt her chances of ever joining the ever wealthy European Union and battering its ailing economic situation. The depth of Turkey's domestic and ethnic dilemma is one of the many that have arisen after the end of the cold war, yet the cold war is a simple answer to a much more complex one. The factors that have arisen to contribute to this civil war were created far before Capitalism versus Communism, East versus West, or U.S versus the Soviet Union. In order to really comprehend the holistic situation in Turkey one must first be familiar with the complete history of the Turks and Kurds. The Kurds of Turkey constitutes, by far, t... ...even years (Marcus), the army has massacred more then 1,500,000 in the span of sixty years , more the 1,500 villages destroyed, every form of Kurdish identity denied, and their politicians and journalists killed by secret police. After all it is the US constitution that has written: " When in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.....whenever any form of government becomes destructive of these ends, it is the right of the people to alter it, or to abolish it, and to institute a new government.." It is the very example the United States has set, that the Kurdish people wants to declare their independence. For, the only thing different between the Kurdish revolution and the U.S one, is only two hundred and nine years. All oppressions are bad, all occupations are wrong, every nation has the right to decide their own fate. History of Turkish Occupation of Northern Kurdistan Essay -- Turkey Ku History of Turkish Occupation of Northern Kurdistan Since 1984, and especially the last few months, the domestic problems of a major N.A.T.O, Middle Eastern, and American ally state have come to the forefront of the international news scene. That state is the Republic of Turkey and it's primary troubles stem from the past seven decades of acrimonious policies directed at the indigenous ethnic Kurds. The main problem, now, is the Kurdish popular insurgency on it's hands, in Turkish occupied Northern Kurdistan. The Kurdish question has long been covered up and denied by the state of Turkey, but recent events has forced Turkey to concede that it has a serious Kurdish insurgency on its hands. Turkey's inability to deal with this situation is the result of the past seventy years of cultural, political, and human rights abuses directed against the Kurdish population. In fact, this "separatism" is so out of hand that the Turkish government has incessantly appealed to it's allies and advisories alike to help counter the escalating Kurdish asperation to succeed from the Turkish republic. Turkey's sputtering and deteriorating economy is directly related to the long Kurdish struggle for independence. Turkey has spent over eight billion dollars or twenty percent of her GDP to combat the ever deteriorating predicament in northern Kurdistan, and should spend more in the future(Laber). Because of the violence, the once prosperous tourist business of Turkey, has now lost about $1.5 billion dollars annually since 1990. Many people now talk openly of another possible military coup, there were three major military coups during the last thirty years (Alister) These circumstances in the state of Turkey have also hurt her chances of ever joining the ever wealthy European Union and battering its ailing economic situation. The depth of Turkey's domestic and ethnic dilemma is one of the many that have arisen after the end of the cold war, yet the cold war is a simple answer to a much more complex one. The factors that have arisen to contribute to this civil war were created far before Capitalism versus Communism, East versus West, or U.S versus the Soviet Union. In order to really comprehend the holistic situation in Turkey one must first be familiar with the complete history of the Turks and Kurds. The Kurds of Turkey constitutes, by far, t... ...even years (Marcus), the army has massacred more then 1,500,000 in the span of sixty years , more the 1,500 villages destroyed, every form of Kurdish identity denied, and their politicians and journalists killed by secret police. After all it is the US constitution that has written: " When in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.....whenever any form of government becomes destructive of these ends, it is the right of the people to alter it, or to abolish it, and to institute a new government.." It is the very example the United States has set, that the Kurdish people wants to declare their independence. For, the only thing different between the Kurdish revolution and the U.S one, is only two hundred and nine years. All oppressions are bad, all occupations are wrong, every nation has the right to decide their own fate.

Capacity Contract Law

Question 1(i) Phing, 17 years old daughter of a wealthy businessman is currently studying at a University College at Kelana Jaya. She bought a luxury car Audi R8 worth RM 900,000. The car has now been delivered but she is unable to payfor it. Firstly, Phing is a 17 years old teenager which also known as minor. Minor is a person who legally underage; who has not yet attained the age of majority, and which are denied the ability to fully and freely contract. In Capacity of Section 11 define a person who is of the age of majority, sound mind and is not disqualified from contracting under any law.Age of majority is recognized as above 18 years of age as stated in the  Age of Majority Act 1971. Below are similar with the case, which case 1: Ryder v. Wombwell (1868), the defendant, an infant, having an income of only 500 Pounds per year was supplied a pair of crystal, ruby and diamond solitaries and an antique silver goblet. It was held that these things could not be considered to be nec essaries. It was observed that certain things like ear rings for a male, spectacles for a blind person, or a wild animal, cannot be considered as necessaries.For another case which case 2: Mohori Bibee v. Dharmodas Ghose (1903) the plaintiff, Dharmodas Ghose, while he was a minor, mortgaged his property in favour of the defendant, Brahmo Dutt, who was a moneylender to secure a loan of Rs. 20,000. The actual amount of loan given was less than Rs. 20,000. At the time of the transaction the attorney, who acted on behalf of the money lender, had the knowledge that the plaintiff is a minor. The plaintiff brought an action against the defendant stating that he was a minor when the mortgage was executed by him.Held mortgage was void and inoperative and the same should be cancelled. In the Phing case, she is unable to pay for luxury car Audi R8 which is already delivered to her. Under the Sale of Goods Act (1979) Phing is against the section 32 of the Act goes on to say that unless otherwis e agreed, delivery of the goods and payment of the price are concurrent conditions. This means that the seller shall be ready and willing to give possession of the goods to the buyer in exchange for the price, and the buyer shall be ready and willing to pay the price in exchange for possession of the goods.However, before look on the section 32 of the Act we also have to refer the Section 3(2) of the Act. Under this section, necessaries are defined as the goods are suitable to the condition in life of the minor or other person concerned and to his actual requirements at the time of sale and delivery. â€Å"Necessaries† are things which are essential to the existence and reasonable comfort of the infant. Luxurious articles are excluded. Thus, what may be termed as necessaries depends on the nature of goods supplied as well as the infant’s actual needs.In the next case which case 3: Fawcett v Smthurst (1914) the court ruled that a minor is not bound by a contract for the hire of a car, although it was a necessary service, as the contract included the terms which make him liable for damage to the car ‘in any event’, whether or not the damage in his fault. Where there is a binding contract for necessaries, the minor is only bound to pay a reasonable price for them. Next case is relevant with luxury cases, case 4: Chapple v. Cooper (1844) a minor whose husband had recently died contracted with undertakers for his funeral.She later refused to pay the cost of the funeral, claiming her incapacity to contract. The court held her liable to pay the bill. The funeral was for her private benefit and was a necessary as she had an obvious obligation to bury her dead husband. In the next, case 5: Nash v Inman (1908) a Cambridge undergraduate, the son of an architect, was supplied with clothes, including 11 ‘fancy waistcoats’, to the value of $122. The cloth could be appropriate to the station in life of the undergraduate, but the contra ct was not enforceable because the minor was already adequately supplied with clothes.Therefore clothes supplied by the tailor could not be classified as necessaries. As conclusion, in the Phing case, she is only a minor and not has any income when she was studying, therefore, the luxury car may not be the necessaries for her. In conclusion, Phing buy luxury car Audi R8 contract is void, she is not obliged to accept and pay any damages. Question 1(ii) In this case, Phing is a 17 year old student bought a Myvi as a transport to travel back and forth from the college. In the element of contract, Phing is already against with the capacity section 11.In section 11 of capacity say that â€Å"Every person is competent to contract who is of age of majority according to law to which he is subject, and who is of sound mind, and is not disqualified from contracting by any law to which he is subject. † It means that the following three categories of persons are not competent to contract . The position of a minor is a person who has not attained the age of majority is a minor. Section 4 of the age of majority, the minority of all males and females shall cease and determine within Malaysia at the age of 18 years and every such male and female attaining that age shall be of the age of majority.However, some contracts of capacity made by infants are not void there are contract for necessaries, contract for scholarships and contract for insurance. In the case of Phing bought a Myvi may be necessaries for her to travel back and forth from the college. According the section 69 of Contract Act (1950) say that the necessaries supplied to a minor â€Å"should be suited to his condition life† it does not mean the food, clothing, shelter and education, but such things which may be necessary to maintain a person according to his condition in life.Below is the cases that related with contract for necessaries, which case 1: Kunwarlal v. Surajmal (1963) It has held that the house given to a minor on rent for living and continuing his studies is deemed to be supply of necessaries suited to the minor’s conditions of life, and the rent for the house can be recovered. For another good summary case is case 2: Chapple v Cooper (1844) where the court ruled that the funeral service of her husband was a necessary service for the young widow in this case, so she was obliged to pay. In the case of case 3: Clowes v.Brook (1739) where, though the plaintiff Farrier's claim for work done on an infant's horse failed on technical pleading grounds, it would appear clearly to have been accepted by the Court that a horse could be a necessary in certain cases. In the case 4: Mohori Bibee v. Dharmodas Ghose (1903) case, the Privy Council did not consider it necessary to decide whether Section 115, Indian Evidence Act was applicable to the present case, because the money lender was not misled by the false statement made by the minor as has was aware of the real age o f the borrower .Under the Section 3(2) of the Sale of Good Act (1979), provides that if goods are sold and delivered to minors  or those mentally incapacitated  the minor will be liable to pay a reasonable price if the goods are necessaries. The case more suitable for showing this section is case 5: Roberts v. Gray (1913), in this case a minor was held liable for his failure to perform a contract for a tour with the plaintiff, a noted billiards player. It was a contract for the instruction of the minor. The contract was wholly executory and but it was held that the contract was binding on him from its formation. In conclusion, in Phing case to purchasedMyvi, Myvi car is her necessaries good for her to travel back and forth from the college and she is able to afford it, so the contract for her to purchased Myvi car is valid. Question 1(iii) Phing is 17 year old, she is a student which studying at a University College at Kelana Jaya. She now has to take a state loan of RM 20,000 f or her studies in the college. 17 year old is not attained the age of majority, for another word Phing is also call as minor. In capacity section 11 define that a person who legally underage; who has not yet attained the age of majority, and which are denied the ability to fully and freely contract.The similar case that related which case 1: Burnard v. Haggis (1863), there a minor hired a mare. It was expressly agreed that the mare will be used only for riding and not â€Å"for jumping and larking. † The mare was made to jump over a fence; she was impaled on it and killed. It was held that the minor was liable for negligently killing the mare as his act was totally independent of the contract made by him. For another similar case, which case 2: Ballett v. Mingay (1943), there a minor hired a microphone and an ampliphier. Instead of returning the same to the owner the minor passed it on to his friend.It was held that the minor’s act of passing it on was altogether outsi de the purview of bailment and, therefore, the minor could be made liable for detinue. In the Phing case, she unable to have the contract to get the scholarship, but Under the Section 69 of Contract Act 1950, it is said that â€Å"if a person, incapable of entering into a contract, or anyone whom he is legally bound to support, is supplied by another person with necessaries suited to his condition in life, the person who has furnished such supplies is entitled to be reimbursed from the property of such incapable person. Under necessaries a minor can enter into valid contract if only it is the basic need of the minor and suitable of his or her station in life or lifestyle. The similar cases that related with, which case 3: Mohori Bibee v. Dharmodas Ghose (1903) case, the minor misrepresented his age while taking loan, but the fact that the person taking the loan is a minor was known to the money lender.The Privy Council did not consider it necessary to decide whether Section 115, In dian Evidence Act was applicable to the present case, because the money lender was not misled by the false statement made by the minor as has was aware of the real age of the borrower. Contract of Scholarship between a minor and the government or non government organization is also under Section 4 (a) Contracts (Amendment) Act 1976 â€Å"the scholar entering into such agreement is not of the age of majority†. Next similar case, which case 4: Government of Malaysia v.Gurcharansingh & ors (1971) say that when the award, bursary, loan or scholarships granted by the federal or state government, a statutory authority, or an educational institution such as a university. Thisis a good example case to show the contract of scholarship, in this case Gurchran is a student who had received a government scholarship to undergo teacher training and was bonded to serve the government. However, Gurcharan left the service before completing his 5 years bond. When the Government sued Gurcharan f or breach of contract, he contended that he had no capacity to contract.The court, never the less, held that education was a necessary. For another good case is case 5: Harnedy v National Greyhound Racing Co. Ltd, where the contract does not appear to have had any connection, whether by way of analogy or otherwise, with contracts for the education or employment of children or contacts for personal services. The distinction between trading contracts and contracts for apprenticeship and education and analogous contracts may often be difficult to draw. Treitel has commented that, an infant haulage contractor is a trader, but probably an infant driver would not be.An infant house painter probably be regarded as a trader, but not an infant portrait painter. In conclusion, Phing have to take loan of scholarship to continue her study, so the scholarship will be the necessaries for Phing, so the contract for her to get scholarship is valid. Question 1(b) Johnny is an old man. He has childre n, Joe and Victoria. Johnny has informed everyone that when he dies, the property is to be shared equally among Joe and Victoria. He stays with Victoria and is totally dependent on her to look after him. Johnny loves Victoria and does whatever she tells him to do.Two months ago, Johnny transferred all his property to Victoria. In this case, Victoria take care of her father is her responsibility, but Johnny should not transfer all property to Victoria although he loves Victoria so much. Johnny should be fair for Joe too. On the other situation, Victoria maybe said something or persuades her father, Johnny to transfer all property to her. If this situation become true, Victoria is against vitiating factors, Section 10 – Contracts must be entered into with free consent of the parties and Section 10(1) – all agreements are contracts if they are made by the free consent of parties competent to contract.Section 14 Consent is free when it is not caused by Section 16(1) undue influence – Undue influence occur where there is a relationship between the parties and one party is in the position to dominate the will of the other. The dominant part uses that position to obtain an unfair advantage over the other. The word â€Å"undue influence† has the tendency to make people feel that it would include situations where one party is about to persuade the other through some kind of influence in a general sense ands. Undue influence can divide into actual undue influence and presumed undue influence.Actual undue influence as the name suggests, requires proof that the contract was entered into as a result of actual influence exerted. The claimant must plead and prove the acts which they assert amounted to undue influence. This may include such acts as threats to end  a relationship, continuing to badger the party where they have refused consent until they eventually give in. For presumed undue influence is no automatic presumption arising as a matte r of law. Here it must be established that there is a relationship of such a kind that one party in fact placed their trust and confidence in the other to safeguard their interest.Any relationship is capable of amounting to this examples include husband and wife, cohabitees, employer and employee. In Section 16(2) – person is in a position to dominate the will of another where he holds a real/apparent authority over the other, or where he stands in a fiduciary relation to the other, he makes a contract with a person whose mental capacity is temporarily or permanently affected by reason of age, illness or mental bodily distress. Next, in Section 16(3) – where a person who is in a position to dominate the will of another, enters into a contract ith him, and the transaction appears, on the face of it or on the evidence adduced, to be unconscionable, the burden of proving that the contract was not induced by undue influence shall lie upon the person in a position to domina te the will of the other as the case 1: Re Craig (1971) C, an old man of 84 years whose wife had died, employed Mrs M as secretary/companion. From the beginning she occupied a position of trust, and in addition to running the house she took a confidential part in running C's affairs.From the time of Mrs M's employment and C's death (January 1959 – August 1964) he gave her gifts worth ? 28,000 from his total assets of ? 40,000. It was held by the Chancery Division that All the gifts complained of where such as to satisfy the requirements to raise the presumption of undue influence, namely, that they could not be accounted for on the ground of the ordinary motives on which ordinary men act, and secondly, that the relationship between C and Mrs M involved such confidence by C in Mrs M as to place her in a position to exercise undue influence over him.Mrs M failed to discharge the onus on her of establishing that the gifts were only made after ‘full, free and informed discu ssion' so as to rebut the presumption of undue influence. The gifts would, therefore, be set aside. Other similar cases, which case 2: Williams v Bailey (1866) – A son forged his father's signature on promissory notes and gave them to their bankers. At a meeting of all the parties at the bank, one of the bankers said to the father: â€Å"If the bills are yours we are all right; if they are not, we have only one course to pursue; we cannot be parties to compounding a felony. The bank's solicitor said it was a serious matter and the father's own solicitor added, â€Å"a case of transportation for life. † After further discussion as to the son's financial liability the bank's solicitor said that they could only look to the father. The father then agreed to make an equitable mortgage to the bank in consideration of the return of the promissory notes. The father succeeded in an action for cancellation of the agreement.It was held by Lord Westbury that the security given fo r the debt of the son by the father under such circumstances was not the security of a man who acted with that freedom and power of deliberation that must be considered as necessary to validate a contract to give security for the debt of another. Besides that, in the Singapore High Court case, which case 3: che Som bte. Yip & Ors. V. Maha Pte. Ltd. & Ors. ( Maha Pte. Ltd. & Anor. , Third Parties) a mortgage deed was set aside in so far as it affected the plaintiff over whom undue influence was exercised.In this case the relationship was that of brothers. This relationship does not per se (That is, on the face of it) give rise to a presumption of undue influence. However, the court found as a fact that undue influence was indeed exercised. In the next similar case, which case: 4 Inche Noriah v. Shaik Allie Bin Omar (1929) case, an old and illiterate Malay woman executed a deed of gift of a landed property in Singapore in favour of her nephew who had been managing her affairs. Before executing the deed the donor had independent advice from a lawyer who acted in good faith.However, he was unaware that the gift constituted practically he whole of her property and did not impress upon her that she could prudently, and equally effectively, have benefited the done by bestowing the property upon him by a will. Held the gift should be set aside as the presumption of undue influence, which is raised by the relationship proved to have been in existence between the parties, was not rebutted. A plea of undue influence can only be raised by a party to the contract and not by a third party, this have been show in the case, which case: 5 Malaysian Freach Bank Bhd. V. Abdullah bin Mohd Yusof & Ors.It was held that in order to establish undue influence, the defendants have to prove that the plaintiff was in a position to dominate their will and thus obtained an unfair advantage by using that position. In this case, there is undue influence involving family members or friends. O ften cases arise that involve family and friends who become parties to a contract. In general, family relationships, such as between husband and wife or parent and child, are confidential relationships. These relationships, like fiduciary relationships, have at their crux a history of â€Å"informal† trust and confidential dealings.In cases that arise where a family member gains a profit or distinct advantage through dealing with a weaker party, the courts have looked to see if the weaker party is very old, mentally incapacitated, suffering from debilitating sickness, or otherwise physically or psychologically impaired. Such physical or psychological impairment combined with a lack of independent advice and a contract giving an obvious advantage to a family member would force the stronger party to prove the contract's fairness. The cases of undue influence, which case:6 Allcard v.Skinner – Miss Allcard was introduced by the Revd Mr Nihill to Miss Skinner, a lady superi or of a religious order named â€Å"Protestant Sisters of the Poor†. She had to observe vows of poverty and obedience. Three days after becoming a member, Miss Allcard made a will bequeathing all property to Miss Skinner, and passed on railway stock that she came into possession of in 1872 and 1874. She then claimed the money back after she left the sisterhood. Held: Lindley LJ, held that she was unduly influenced but barred by laches from getting restitution.And in any case she would only have been able to recover as much of the gift as remained in the defendant’s hands after some of it had been spent in accordance with her wishes. Another next case, which case 7: In Royal Bank of Scotland v Etridge 2001, the House of Lord indicates that, in normal circumstances, a wife’s agreement to charge the matrimonial home as security for her husband’s business debts is not a transaction that calls for explanation. Undue influence connotes impropriety, and should o nly be found where the husband’s influence has been ‘misused ‘.Then, the other case, which case 8: Lloyds Bank Ltd v Bundy  (1974) – Herbert James Bundy was a farmer. His son, Michael, formed a MJB Plant Hire Ltd and it was in financial trouble. Mr Bundy had already guaranteed the business with a ? 7,500 charge over his only asset to Lloyds. This was his farmhouse at Yew Tree Farm,  Broadchalke, and Wiltshire. Michael's company got into more trouble still, and needed more money. Bundy's solicitor said not to put on any more money, but they went up to ? 11,000.The assistant manager of Lloyds, Mr Head explained the company's position to Bundy (i. e. a conflict of interest) but neglected to say the company was in serious trouble. Bundy signed the guarantee and charge form. Lloyds foreclosed on the house when the money was not paid, and Bundy had a heart attack in the witness box. The question was whether the contract leading to the repossession of the hous e was voidable for some iniquitous pressure. The held is that the contract was voidable due to the unequal bargaining position in which Mr Bundy had found himself.He held that undue influence was a category of a wider class where the balance of power between the parties was such as to merit the interference of the court. It was apparent that Mr Bundy had, without independent advice entered the contract and it was very unfair and pressures were brought to bear by the bank. Another similar case, which case 9: National Westminster Bank v. Morgan (1985) Mrs Morgan jointly owned the family home with her husband. As a result of his business problems, their mortgage payments fell into arrears, and the bank started to seek possession.Mr Morgan approached the bank to arrange a refinancing loan (this work as follows: if Mr Morgan’s original mortgage was for ? 50,000, and he owed arrears of ? 5,000, he could replace the mortgage with a refinancing loan of ? 55,000, and start afresh). Mr s Morgan’s signature was required to use the house as security for the extended loans. The bank manager went to see her, in the presence of Mr Morgan; she made it clear that she had little confidence in her husband’s business and wanted to talk to the manager alone, but this did not happen, and she eventually signed to prevent the house being repossessed.The loan was not repaid, and Mr Morgan later died. When the bank tried to take possession of the house, Mrs Morgan pleaded undue influence. Next, the case which case:10 CIBC Mortgages v Pitt  (1994) Mr Pitt wished to purchase some shares on the stock market. He pressured his wife into signing a mortgage of ? 150,000 securing the family home. The stated purpose of the loan was to purchase a holiday home and pay off the existing mortgage. The husband used the money to purchase shares and then used those shares as collateral to purchase further shares.For a time the shares did very well and he was a millionaire on paper . The wife saw no benefit from these shares as any income was always used to purchase more shares. In 1987 the stock market crashed. The bank sought to enforce the security under the mortgage which at the time exceeded the value of the home. The wife raised actual undue influence in defence. The judged is the Overruling BBCI v Aboody – it is not necessary for a claimant to demonstrate manifest disadvantage where a defence is based on actual undue influence.However, as the transaction on its face did not seem to the manifest disadvantage of the wife, because the stated purpose was to purchase a holiday home, the bank was not put on enquiry and therefore could not be fixed with constructive notice. In the case:11 Bank of Credit and Commerce International v Aboody  (1990) A husband exerted actual undue influence over his wife in order to get her to sign a charge securing the family home on the debts owed by the company in which the husband and wife owned shares. The couples we re unable to repay the mortgage and the bank sought to repossess the home.The wife sought to have the mortgage set aside on the grounds that it was procured by actual undue influence of the husband. Held the husband had exerted actual undue influence on the wife. However, the transaction was not to the manifest disadvantage of the wife since she owned shares in the company. In considering whether a transaction was to the manifest disadvantage the court was to have regard to any benefits received in addition to the risks undertaken. Therefore the banks were granted possession. Furthermore, in case:12 Credit Lyonnais Bank Nederland NV v Burch  (1997) Miss Burch started working for her employer at the age of 18.She became close to the director, Mr Pelosi, who was an Italian business man 10 years older and trusted him implicitly. She often visited his home to do babysitting and went on holiday with the family to Italy. At the age of 21 she purchased a flat. 5 years later, she was stil l working for him but the company was experiencing financial difficulty. Mr Pelosi asked her to put her flat up as security for a loan taken out by the company. He told her that his home and villa in Italy were also secured on the debt but they would not accept 100% mortgage on these properties and needed another ? 0,000. She agreed to allow her home to be used as security believing that it was only ? 20,000 and that Mr Pelosi's properties would first be sold which would release the debt so that there was no risk to her. The bank had written to her and informed her that the charge was unlimited in amount and time and advised her to seek independent advice. She at no time was told of the extent of the company's borrowings which stood at ? 270,000 neither did the bank satisfy themselves that she had in fact received independent advice.In the case: 13 UCB v Williams  (2002) The Williams family (Mr & Mrs Jack Williams and their three grown up children) ran a garage business as a partn ership with the benefit of a franchise from Toyota. Toyota threatened to withdraw the franchise unless the showrooms were extended and improved. The cost for this was ? 500,000. The Williams approached the bank for a loan which asked for security by way of a charge on the three showrooms in addition to a charge on each of the partner’s home. The defendant, Mrs Williams, was the wife of one of the sons.She had signed the charge without having been told the full extent of the liability. The signature was executed in the presence of all the other partners and witnessed by Mr. Howells, the solicitor of the partnership. The charge secured all debts present and future of the partnership and provided for joint and several liabilities of all the partners. The business was unable to repay the loan and became bankrupt. UCB sought to enforce the charge and Mrs Williams raised undue influence and misrepresentation in her defence. The trial judge, HHJ Hickinbottom, held that undue influen ce and misrepresentation were established.However, he held that Mrs Williams would have signed the charge in any event had she known the full facts and also that UCB were not fixed with constructive notice as a solicitor had witnessed the signature therefore they could assume Mrs Williams had been advised accordingly. Mrs Williams appealed to the Court of Appeal. Held Mrs Williams was successful on both grounds. In conclusion, Joe still can voidable the contract about the Johnny transferred all his property to Victoria. If the contract is void, property Johnny will use back the contract in early to share equally among for Joe and Victoria.

Constitution

CONSTITUTIONAL LAW TUTORIAL DISCUSSION 2 a) Discuss the fundamental difference between the provisional organic law and the ruling under Kaseng v Namaliu. The provisional laws are organic laws that were enacted before the constitution came into operation. The organic laws were enacted by the National Constituent Assembly before the Independence. According to section 266 of the constitution it states: (1) If before Independence Day the constituent assembly has made an instrument expressed to be a provisional organic law, the instrument takes effect, on Independence Day, as if it were an organic law made and coming into effect on that day. 2) If before Independence Day the constituent assembly has made an instrument expressed to be a provisional act of parliament made for the purpose of bringing any provision of this constitution into effective operation on Independence Day, as if it were an act of parliament made and coming into effect on that day. Therefore the provisional organic law s take its effect on the independence day of Papua New Guinea on the 16th of September 1975. The organic laws were adopted into the constitution and ‘force of laws’ were given to these provisional laws.Thus the provisional organic laws were enacted and came into operation together with the constitution since the constitution has to come into power first before it expressly authorised the organic laws as stated in section 12(1) (a) where it state; â€Å"an organic law is a law made by the Parliament in respect of a matter of provision for which by way of an organic law is expressly authorised by the constitution. † However in the case of Kaseng and Namaliu [1995] PNGLR 481 the premiere for western province Isidore kaseng on behalf of all premieres is arguing against the passing of constitutional amendment No 16.In this case the authorising law which is the constitutional amendment No 16 is not yet being enforced when they propose to amend the organic law on provin cial government, thus the passing of the OLPGLLG was referred to as void by kaseng because it is inconsistent with the constitution under section 12(1) (a). Therefore the fundamental difference between the situation in the ruling of kaseng v Namaliu and the provisional organic laws is that on the former case the enactment of the provisional law takes place at different times while the proposal law and constitutional Amendment 16 occur at the same time on the latter case. ) Discussion Discuss the case of NTN pty v The State [1986] PNGLR 167 In this case the contract was between the NTN pty the applicant and the State. Here the state went into an agreement with the NTN pty to start a commercial television station to an existing one. They agreed to start their broadcasting according to clause 4. 2 of their contract on 14 July 1986. The NTN pty limited then got itself a licence and venture into the business. However there was a change in the government on July 10 1986.The new government through the parliament exercised its legislative power under section 109(3) (b) and enforced a new parliamentary act the radiocommunication (television) regulation in 1986. This act prohibits the broadcast of television until 31st January 1988. Thus, from this cause the NTN pty filed a case against the validity of the act. The state claim that the electromagnetic spectrum is within the borders of PNG and so no one has the right to access it since it’s the property of PNG unless given permission.The state further on to claim that the act made is not against the fundamental right to freedom and expression and publication. Therefore the NTN pty applied to the national court pursuant to section 57 of the constitution claiming its right to the freedom of information under section 46 of the constitution. Thus the situation went into appeal to the Supreme Court and the Supreme Court held that the Act was unconditional since it did not comply with section 38 and it also violet the a pplicant’s right to publish and broadcast information under section 46 of the constitution. (c) Discussion i) How the constitution can be altered as specified under section 13 According to section 13 of the constitution it states â€Å"this constitution may be altered only by law made by the Parliament that- (a) Is expressed to be a law to alter this constitution; and (b) Is made and certified in accordance with section 14 (making of alterations to the constitution and organic laws). Therefore section 13 clearly state that to make alteration to the constitution the law must be expressly authorised by the constitution and also it must in accordance and certified with section 14 of the constitution.Section 14 provides with the steps to follow before a proposed law is introduced into the parliament. When it enters the parliament the speaker will then certify that law in the parliament. Thus to alter the proposed law to the constitution by the parliament that same formality must be followed with the support of the majority of votes as stated in section 17 of the constitution. (ii) In the making of alteration of the constitution and the organic laws under section 14 and 17 of the constitution, the procedure the parliament has to follow is firstly to propose a law to alter the constitution or organic law.Since these are no ordinary laws the laws must be carefully supported by a majority of vote as stated in section 17 of the constitution whereby it states â€Å" subject to this section, in relation to a proposed law to alter a provision of this constitution the prescribed majority of votes for the purpose of section 14 ( making of alterations to the constitution and the organic laws) is the majority of votes prescribed by this constitution in relation to that provision, or if no majority is prescribed a two third majority vote. However the parliament must debate this proposed law during different meetings of the parliament and separated in time by at least two months as stated in section 14 (2) (a) (b). further on section 14 (2) (b) state â€Å"†¦the proposed law must be published by the speaker in full in the National Gazette, and calculated, in accordance with the standing of the parliament, to all members of the parliament not less than one month before it is formally introduced into the parliament. When the proposed law finally circulated to all members of the parliament then the speaker will announce under the National seal and according to the parliament standing orders section 100, when the procedure is complete the new law will then come into operation. Therefore the alteration to the constitution and organic law can be done at this stage. Bibliography Kwa E . L, 2008, Constitutional law of Papua New Guinea, UPNG Press, PNG, p. 27. Kwa E .L, 2001, PAPUA NEW GUINEA CONSTITUTIONAL LAW, UPNG Printery, PNG, p. 10. PNG Law Report. UNIVERSITY OF PAPUA NEW GUINEA CONSTITUTIONAL LAW TUTORIAL TWO NAME: LETIARA PELLIE ID NUMBER: 2 0131227 PROGRAM: LLB 1 TUTORIAL DAY: WEDNESDAY 5-6PM TUTOR: LECTURER: AFREN MENEI DUE DATE: 22/03/13 ——————————————– [ 1 ]. Kwa E L 2008 Constitutional Law of Papua New Guinea UPNG press PNG p27 [ 2 ]. PNG Law report [ 3 ]. Kwa L E 2001, PAPUA NEW GUINEA CONSTITUTIONAL LAW, UPNG Printery PNG p, 10.

Law And Society Essays - Lawlessness, Law, Anarchy, Canon Law

Law And Society Essays - Lawlessness, Law, Anarchy, Canon Law Law And Society Law and Society The function of law in a society is more or less universal. It acts as a deterrent to control the evil and treacherous behavior of humans, to maintain discipline and imposes restrictions on some freedom. We live in a chaotic and uncertain world. Without an orderly environment based on and backed by law, the normal activities of life would be lacerated with chaos. Law is a social norm, the infraction of which is sanctioned in treat or in fact by the application of physical force or by a party possessing the socially recognized privilege or so acting. It provides a society with order and predictability, resolving disputes, protecting individuals and property, providing for the general welfare and protecting individual liberties. Law and the predictability it provides cannot guarantee us a totally safe world, but it can create a climate in which people believe it is worthwhile to produce, venture fort, and to live for the morrow. It prevents the state of nature, which would be total anarchy had there been no laws. Societies today are more complex and interacting. Maintaining good order and discipline have far reaching implications on a societys prosperity. Laws are in acted daily through out different societies for the protection and security of individuals, property, businesses and states. It permits an orderly, peaceful process for dispute resolution and provides us with the programs to establish and enable corporately, what would be impossible, or at least prohibitive, to do as individuals. Laws should be designed to protect the individual personal and civil rights against those forces, which would curtail or restrict them. Some examples of this are freedom of speech, religion, the press, the right to a fair trail and the freedom from cruel and unusual punishment. In the United States the respect for the law is paramount and disobedience to the law is punished. The Constitution, acts of Legislative bodies, orders of Rulings of Political Executives, Judicial Decisions and Decisions of Quasi-Legislative and Quasi-Judicial Bodies enact laws in the United States. Many societies have law and rules to prevent lawlessness and anarchy. With out it, most societies would succumb to disorder.

Meiosis - Definition and Examples in Rhetoric

Meiosis s in Rhetoric (1) To belittle, use a degrading epithet or nickname, often through a trope of one word. A concise form of invective. (2) A kind of humorous understatement that dismisses or belittles, especially by using terms that make something seem less significant than it really is or ought to be.Plural meioses; adjectival form, meiotic. See Examples and Observations, below. Etymology:From the Greek, diminish Definition #1: Examples and Observations Meiosis, often achieved through a trope of one word, may range from bitter scorn to light derision.​(Sister Miriam Joseph, Shakespeares Use of the Arts of Language, 1947)The unspeakable in full pursuit of the uneatable.(Oscar Wilde on fox hunting)rhymester for poetgrease monkey for mechanicshrink for psychiatristslasher for surgeonright-wing nutjobs for Republicans; left-wing pansies for Democratspecker checker for urologistambulance chaser for personal injury lawyershort-order chef for morgue workertreehugger for environmentalistKing Arthur: The Lady of the Lake, her arm clad in the purest shimmering samite held aloft excalibur from the bosom of the water.Peasant: Listen, strange women lying in ponds distributing swords is no basis for a system of government. Power derives from the masses not from some farcical aquatic ceremony.King Arthur: Be quiet!Peasant: You cant expect to wield supreme power because some watery tart threw a sword at you.King Arthur: Shut up!Peasant: If I went around saying I was an emperor because some moistened bint had lobbed a scimitar at me . . ..(Monty Python and the Holy Grail, 1975) Definition #2: Examples and Observations Meiosis is a statement that depicts something important in terms that lessen or belittle it. [Woody] Allens fictitious graduation speech . . . alternated between hyperbole and meiosis. Discussing the crisis of alienation in society, Allen remarked. Man has seen the ravages of war, he has known natural catastrophes, he has been to singles bars. Commenting on the benefits of democracy, Allen observed, In a democracy at least, civil liberties are upheld. No citizen can be wantonly tortured, imprisoned, or made to sit through certain Broadway shows. The pattern in each case was the same. Allen introduced a serious topic, began to treat it in a dignified and elevated manner, but ended on a note of understatement.(James Jasinksi, Sourcebook on Rhetoric. Sage, 2001)In The Black Cat [by Edgar Allen Poe] the narrator . . . wants desperately to believe that the narrative he is about to relate is not one of supernatural vengeance on the part of demonic cats and punishing gods; rather, he calls itagain using meiosisa homely narrative. By homely he means ordinary. Through meiosis he attempts to downplay the events and their possible implications for his soul. When he mentions the apparent shape of the white fur on the second cat as resembling a gallows, he again tries to deemphasize the significance of the phenomenon by referring to it as one of the merest chimeras it would be possible to conceive. He frantically wants to believe that the gallows on the cats fur is a mere trick of the imagination and not a supernatural portent of his doom.(Brett Zimmerman, Edgar Allan Poe: Rhetoric and Style. McGill-Queens University Press, 2005) Pronunciation: MI-o-sis Also Known As: diminutio, minution, extenuatio, figure of extenuation, prosonomasia, the disabler, the nicknamer

How To Pitch Using CoSchedule To Organize Your Marketing To Your Boss

How To Pitch Using To Organize Your Marketing To Your Boss Alright. So you’re convinced is THE tool for you. You’ve done the research†¦ You’ve set up your calendar†¦ You’ve got your team fired up and now you’re ready to get some REAL work done. Only problem: convincing your boss to hand over that company card willingly :) While you might see as your personal LIFESAVER, convincing your boss that it’s worth the coin, may take a bit more finesse. Thankfully, as a marketer†¦. You have a KNACK for selling (like it or not, it’s what you do) and this scenario is no different. In order to sell to your boss†¦ You gotta’ speak in terms they care about:  money, time, and results. So, from one marketer to another, here are three key talking points to get your boss onboard. SAVES You Time Your time is valuable, and as a savvy marketer with intelligent, creative, and highly sought after skills, energy spent on mundane, repetitive tasks are a time suck. According to Mckinsey reports, the average worker spends 28% of their work week managing emails, plus an additional 20% looking for internal information or tracking down colleagues who can help with specific tasks. That’s nearly HALF of your week spent trying to coordinate on a project!? Time you could’ve spent actually moving forward on your projects...driving traffic to your blog...generating leads for your company...anything! Mini Exercise for Your Boss: Imagine a world where.... You eliminate information silos (and hours of unnecessary meetings)†¦. You easily share files, comments, and project details with everyone on the team (never missing an important detail because someone forgot to hit â€Å"reply all† or the file simply â€Å"disappeared†)... And you get projects done wicked fast, driving TONS of traffic, and LEADS to your website†¦ Too good to be true?... think again. With , all your collaboration happens in ONE PLACE. You can eliminate the email threads, multiple files shared in multiple areas, and keep everyone on the same page... ...literally saving you 20 hours, EVERY week. That’s 20 hours you can be utilizing to: Write a 2000 word blog post that generates 20% more subscribers Publish and manage FB ads that drive the RIGHT leads back to your site Write a landing page that spreads the NEWS about your podcast series Host a webinar teaching your audience â€Å"How to Market Your Business on X Topic† Create a mini-video series to share (and nurture) your email list Or build out a promotion plan for your NEXT ebook The point is... By saving time on the mechanics, you give yourself (and your team) the ability to work on what MATTERS, move projects forward, and SHIP faster.

Policies to reduce negative externalities Essay Example | Topics and Well Written Essays - 500 words

Policies to reduce negative externalities - Essay Example Also such a tax tries to compensate the situation where the cost to the society is more than the cost to the producer. This tax will ensure that the producer bear the full burden of the market decision taken by him. Such a tax might urge the plant to reduce its production or improve methods to contain pollution which might involve technological upgradation. Hence in case of such a policy the company bears the cost. This policy was practiced earlier with success but later replaced by pollution rights which ensure that the firm does not lose profits but can trade their pollution rights. However in such cases the gains to the environment is not much compared to the effect it has on minimizing cost to the firms. This policy has worked in case of Kyoto Protocol where the carbon taxes imposed is targeted at the producer causing the negative externality. Such taxes on emissions also encourage the development of alternative and renewable energy sectors. Also when a large organization is forc ed to cut down production it gives relief to the smaller organizations from a competitive pressure. Hence this tax can also help in bringing about a balance in the market to reduce inequalities. (Hackett 2001) The second policy that the company can adopt is that of setting caps and baselines.

The Presidents of the United States Movie Review

The Presidents of the United States - Movie Review Example His entry in the office is in a period when the country is facing crisis over the question of expansion of slavery into new western territory. Southern extremists threaten succession if the rule is in favor of the Northern evolutionists. The passing Bills to link California as a free state with slavery measures favorable to the South does not please everyone; including President Taylor. He passes on from an inflation of the intestines (David). In 1991, his descendants gave a green light towards exhuming his body. Forensic analysis reveals no signs of foul play and determines cholera as the likely cause of death. His vice president assumes the presidency. He is Taylor’s opposite and a tool to balance the ticket geographically and politically. He is a Northerner, who aims to please and appease rather than lead. He reverses the policies of his predecessor by signing the compromise of 1850 into law, supporting slavery. He believes its abolishment will give rise to the collapsing of the southern economy; with slavery as an accelerator. He believes the constitution protects slavery issues. He hopes to please everyone for his support for the compromise but fails in 1852 presidential elections (David). A Northern Democrat with strong political ties to the South. He is a social and political butterfly. His election to the presidency is poor timing. He seems to be emotionally unstable after the loss of his only son in a train wreck shortly after his election. He is a troubled man who seeks the approval of others. His vice president William passes within two weeks after the inauguration. He defends slavery as an admitted right to favor Southerners (David). In 1854, he twisted arms to win passage of Kansas-Nebraska act. It repeals the ban on slavery and allows the people to make an informed choice concerning the issues. This result produces much blood shade, and the democrats drop him from the

Apple computers inc Essay Example | Topics and Well Written Essays - 3500 words

Apple computers inc - Essay Example m 1978 to 1983, the company had many successful breakthroughs such as replacing the cassette drive with a floppy disk drive and VisiCalc as well as Lisa and generating sales of over $700 million. The years between 1989 till 1991 are known as the â€Å"golden ages† for the apple company by introducing the â€Å"PowerBook† technology. The company also presented three new products (i-mac, i-pod and i-store) between 1998 and 2005 which were new beginnings for the company. The company’s main target is to establish their brand name and become internationally diversified. The company plans to achieve this target by putting the effort and having the ability to constantly innovate their products and believes that it needs to be successful in product differentiation in order to maintain and satisfy the needs of loyal customers. The ipod product, has contributed the most to establishing the company’s brand name worldwide and this product has become an international phenomenon. Apple has an everyday operation and the actual performance of the company is in very good shape. The company adopts different competitive strategies depending on which market it is operating in. The company targets many segments in the market and operates in international markets. The company mainly adopts either the market leader or market challenger strategies and has also made some use of the niche player strategy. This has been highly determined by the product they are delivering to each market segment. However, there are weaknesses, treats and challenges in front of any company which apples would not be an exception too. The apple company is well known for producing the easiest products to use in the workplace and the weaknesses are the simplicity in the use of the product provoked an image problem, lack of capability to make Predictions of demand, pricing strategies and being not IBM compatible. The treats are also considerable for apple company.As a result of the new window NT that

Nursing research Essay Example | Topics and Well Written Essays - 250 words - 30

Nursing research - Essay Example On the hand, reading a report and critically assessing it will help an organization identify whether the research was evidence-based before utilizing the report. In effect, an organization will only implement a research report that was peer reviewed and its utilization will promote positive outcomes in an organization. The fundamental role of nursing research is to provide evidence-based practice that aims at improving the quality of care that an organization provided. However, improving the quality of care in a healthcare organization is only possible if an organization’s process of research utilization is in an approach that was both effective and efficient. To achieve a successful research utilization process, an organization should use the most effective research utilization model to turn the knowledge in research into practice. In line with this, nurses should identify a model that fit into an organization’s culture and structure in order to maximize the knowledge from research into practice. On the other hand, evidence based practice provide the approaches that the findings and knowledge from research will be utilized in an organization

Science, Health, and Environmental Issues Research Proposal

Science, Health, and Environmental Issues - Research Proposal Example These disposable products become quite hazardous in terms of the toxins they release to the oceans. The toxins are also pumped into the atmosphere which contributes to the depletion of the ozone layer and loss of marine life. The better way to do business is to make use of packages which can be recycled. New government regulations should be developed on how to choose green products and materials which are easily decomposable (Geier 20). The environmental hazards caused by the disposal products are not overstated, they are a reality. The US environmental policy should focus more on the development of renewable energy sources as these resources have the capability of supplying the energy needs of the country and has many benefits like ensuring a clean environment, increased national security and fuel diversity as well as economic and regional benefits. The developed nations pollute less as compared to developing countries. Industrial pollution is a problem which is faced by developing countries than the developed ones since they lack the basic services and facilities to prevent the pollution. The United States does is the only first world nation which does not have a universal health coverage as it believes that Universal Healthcare would lead to a poor performance in its health service and that a Universal Healthcare is a kind of socialism (Geier 30). US also thought that the Universal Healthcare would lead to a socialist control over its

Nursing research Essay Example | Topics and Well Written Essays - 250 words - 30

Nursing research - Essay Example On the hand, reading a report and critically assessing it will help an organization identify whether the research was evidence-based before utilizing the report. In effect, an organization will only implement a research report that was peer reviewed and its utilization will promote positive outcomes in an organization. The fundamental role of nursing research is to provide evidence-based practice that aims at improving the quality of care that an organization provided. However, improving the quality of care in a healthcare organization is only possible if an organization’s process of research utilization is in an approach that was both effective and efficient. To achieve a successful research utilization process, an organization should use the most effective research utilization model to turn the knowledge in research into practice. In line with this, nurses should identify a model that fit into an organization’s culture and structure in order to maximize the knowledge from research into practice. On the other hand, evidence based practice provide the approaches that the findings and knowledge from research will be utilized in an organization

International Negotiations (Lansa and Newco Case) Essay

International Negotiations (Lansa and Newco Case) - Essay Example The government partially regulates Lansa (Brett 33). The Argentine Ministro de Industria Tecnologica serves on the Board of Directors. Lansa’s headquarters is in the outskirts of Buenos Aires; however, all the manufacturing and distribution comes out of Mexico. Newco’s CEO, Mr. Abercrombie, has the mandate to expand into South America with a new product line called â€Å"infomatrix†. Infomatrix is a remarkable telemetry unit that facilitates voice and data communication between all types of vehicles such as automobiles, boats, helicopters. Since Newco had previously approached Lansa at an international Telecommunication convention in London, Newco’s CEO decides to try again. On the other hand, Lansa is doing well. The CEO, Mr. Lopez, has also heard about infomatrix. He decides to approach Newco having seen that a joint venture can further boost the success of his company (Rubin 14). Objectives Newco’s objective aims at raising the value of the stock . Their main concern is to get a written document that would permit public disclosure. Lansa’s concern is dealing with an American company. It believes it has something to offer and its willingness to carry what it can understanding (Rubin 45). Lansa would also like to have a document in writing that would permit public disclosure. Mr. Arricoitxea thinks of securing an office in the upcoming elections and the company’s success would be a significant boost during his campaign. Both Newco and Lansa are aiming at taking advantage of NAFTA. Considerations Mr. Abercrombie sends a five man advanced team to Mexico upon request from Mr. Lopez. The negotiation advanced team comprises a representative of the corporate managers who is the lead negotiator, a corporate lawyer, a market analyst, a telecommunication engineer and a representative of the corporate shareholders. The representative of corporate managers brings in and supports the ideas and proposals of the corporate mana gers. By representing the interests of the corporate managers, he is in the best position to lead the negotiating team (Rubin 56). The corporate lawyer will ensure that all the transactions made are legally binding within the law. His knowledge in corporate law will be a key factor to be used during the negotiations. The market analyst can assess the viability of the market for the product. He analyzes the market price and other economic aspects that will help determine if the product will succeed in the proposed market. He will be able to convince the Lansa Company that the product will succeed in their market (Thomson 77). The telecommunication engineer becomes equipped to give any details with regards to the infomatrix. His knowledge of the product will be extremely useful in negotiating for the importance of infomatrix in the market. The representative of the shareholders will be able to back the other negotiators in his team during negotiations since he is representing the inte rests of the corporate shareholders. The main players in the international negotiations are Newco and Lansa. Newco has a new product, â€Å"infomatrix† that could enable them to expand to the South American market and hence further increase its profitability in the future. Lansa believes that a joint venture with Newco could further boost its success in

Discuss the portrayal of women Essay Example for Free

Discuss the portrayal of women Essay On the one hand, Hardy portrays how negative life was for women in Victorian society. However, on the other hand, he clearly shows sympathy for the plight of women which suggests he had a desire for change. Hardy shows how the role of women in Victorian society was to get married. If a woman did not get married, she was treated as though there was something wrong with her and indeed was often ignored by both men and women. Hardy shows us this when he tells of how Rhoda sat apart from the rest in the milking barn and lived on a lonely spot away from the other milkmaids. We learn that Rhoda has had a child out of wedlock with Farmer Lodge. For this terrible sin, Rhoda is effectively excluded from society; however, no blame is attached to Farmer Lodge. This is an example of the double standards that women in Victorian England had to live with. Hardy uses this concept throughout the story to emphasise the plight of women in Victorian society. Women were also expected to marry young and produce an heir and a spare. When Gertrude failed to do this, she invited the scorn of her husband who was bitter over her failure to continue his family line. At no time was it suggested that it was the mans fault that they were unable to have a child. It was always considered the womans fault. In Victorian times, beauty was a desirable quality for any young brides and an absence of this led to rifts between partners. Hardy shows this by comparing Farmer Lodges attitude to Gertrude before and after her arm became disfigured; Before Gertrudes arm becomes disfigured, Farmer Lodge views Gertrude as a pretty young girl who will serve well as his wife and he is pleased with her. However, after her arm becomes disfigured Gertrude tells of how she thinks that Farmer Lodge cares for her less. From then on, we get the impression that Farmer Lodge feels very displeased by his wife. All this shows that women were expected to conform to societys expectations of them and if they did not they were ostracized from society. An extreme example of this is illustrated by Hardy later on in the story when he tells of how Rhoda is even viewed as a witch because she is not fulfilling the usual criteria of a woman. On the other hand, Hardy shows he had sympathy for the way women were treated by the way he ends the story. Hardy punishes Farmer Lodge for not taking care of Rhoda and her son by killing his wife and making him live a remorseful life from then on. This shows that Hardy desired change in the way the women were being treated but understood that innocent lives would have to be lost first. He drew a parallel between this and the death of Gertrude.

Availability of Tescos Fresh Vegetables Supply Chain

Availability of Tescos Fresh Vegetables Supply Chain 1. Introduction Supply chain which now is recognized as a typical complicated network is formed by a vast number of suppliers and subcontractors (Derek L. Waller, 2003). They transport product to consumer through value-add processes in attempt to create superior customer value (Martin Christopher, 2005). There are three interdependent flow streams (Derek L. Waller, 2003) involved in supply chain to guarantee its functions running well. Material flow stream which stars from the upstream supplier to final consumer takes a responsibility of conveying finished goods from raw materials to finished goods. Therefore, it is the most crucial element in supply chain. Another one is information flow stream which is a two-way flow stream. High efficient supply chain is based on the fluent interchange of information. The better communication, the better collaboration and the faster responses supply chain has. For example, suppliers could satisfy their changeable customers quickly with the help of timely and accu rate information about demand. The third one is financial flow stream of which direction is opposite to material flow. It plays like a carrier of profit to stimulate everyone in supply chain performs better. Besides, a well-run financial flow reduces the risks in account receivable, consequently, increase reliable in relationship between supplier and subcontractor. (Warren H. Hausman, no date). Supply chain place a significant position in developing organization itself and enhanced its market reputation. It helps company provide right product at right time in right place and response change quickly. Tesco and Marks Spenser, who have 2282(2009) and over 600 stores (2009) respectively around UK are two of the most popular retailers. They compete advantageously on field of fresh vegetables sector through providing convenient, safety and low price goods. Traditional farm markets and vegetable stores which can be found everywhere in past time now have nearly been replaced by various supermarkets. Tesco, the British retail giant, occupies an significant role in grocery market in the UK. It was the 56th in fortune 500 list of 2009, according to 94,300.4 million revenue (Fortune, 2009). Taylor Nelson Sofres World Panel market share data (2009) stated that Tesco’s market share in grocery increasing to 30.7% in November, 2009. Fresh food, such as vegetables, meat, fruit, because of it’s highly amount of consumption every day plays an increasing contribution in supermarket profit. Discussing the prime reasons what cause fresh food shortage on shelves is valuable because reta ilers only can create profit when their product are consumed by customers (Ronald H. Ballou, 2004). What’s more, it is easy to be annoyed that a customer come into a supermarket and found what he/she wants is empty. Whatever the customer choose to buy another replaceable product (supermarket still earn profit) or to go to another shop which can meet their demand well (supermarket lost profit), his/her loyalty would be damaged. Such decrease of loyalty is a great uncountable loss for supermarket. 2. Data collection This research was carried out on the 07, November, 2009 by visiting Tesco. Data was recorded at two different times during that day. What are organized in the following tables are the running-out items we collected at half past one and at a quarter to four in Tesco. It aims to study the on-shelf unavailability as well as the efficiency of replenishment on sector of vegetable in Tesco. Table 1 collected at half past one Item name price status promotion Asparagus Large Bundle ï ¿ ¡3 Contemporary out of stock  Ã‚   N T. Organic Asparagus Bundle 200g ï ¿ ¡1.99 Contemporary out of stock N Tesco Casserole Vegetables 450g ï ¿ ¡1.5 Contemporary out of stock N Tesco Spinach 260g ï ¿ ¡1 Contemporary out of stock N Market Value Broccoli catchweight ï ¿ ¡1.48/kg unavailable N Leeks Loose Class II ï ¿ ¡1.98/kg unavailable N Runner Beans 225g ï ¿ ¡1 Contemporary out of stock Save 50p Tesco Hand Shelled Garden Peas 120g ï ¿ ¡1 Contemporary out of stock 3 forï ¿ ¡2.5 Tesco Butternut Wedges 150g ï ¿ ¡1 Contemporary out of stock 3 forï ¿ ¡2.5 Table 2 collected at a quarter to four Item name price Status promotion Celery Each ï ¿ ¡0.78 unavailable N Tesco Lancashire Round Lettuce ï ¿ ¡0.50 unavailable N Broccoli 335g ï ¿ ¡0.50 unavailable N Market Value Broccoli Catchweight ï ¿ ¡1.48/kg Contemporary out of stock N Tesco Spinach 260g ï ¿ ¡1 Contemporary out of stock N Tesco Winter Vegetable 250g ï ¿ ¡1.5 Contemporary out of stock N Tesco casserole Vegetables 450g ï ¿ ¡1.5 Contemporary out of stock N T.Organic Asparagus Bundle 200g ï ¿ ¡1.99 Contemporary out of stock N Asparagus Large Bundle ï ¿ ¡3 Contemporary out of stock N Runner Beans 225g ï ¿ ¡1 unavailable Save 50p Tesco Bean Sprouts 335g ï ¿ ¡0.48 unavailable N Tesco Finest Tender stem Broccoli 200g ï ¿ ¡1.25 unavailable N Tesco Butternut Wedges 150g ï ¿ ¡1 Contemporary out of stock 3 forï ¿ ¡2.5 Tesco Hand Shelled Garden Peas 120g ï ¿ ¡1 Contemporary out of stock 3 forï ¿ ¡2.5 Chicory 180g ï ¿ ¡1 unavailable N According to these two tables, it can be seen clearly that status of contemporary on-shelf unavailable items are classified as ‘unavailable’ and ‘contemporary out of stock’. Such classification is on the basis of fact found in Tesco. In Tesco, some of the labels of empty shelves are informed ‘contemporary out of stock’ with a little red card while the rest which are represented as ‘unavailable’ in tables are without any explanation. Compared these two tables, except Market Value Broccoli Catchweight and Runner Beans (225g), items are shown ‘unavailable’ in table one disappear in table two. That refers to they were replenished during two hours. Market Value Broccoli Catchweight was checked the inventory and labeled signal of stock-out after 2 hours. The most standing out items in tables 2 is Runner Beans (225g) which is still as the same ‘unavailable’ status as in table 1. Without considered human’s e rror, it might be attributed to that these items sold out again after it was replenished. Because these data was not recorded for a series time, they may be limited for appreciating the efficiency of on-shelf replenishment in Tesco. It is possible that Tesco check its inventory once five hours and we just record for the last two hours by chance. However, the Runner Beans empty again and there was no stuff working for replenishment when we were collecting data evidence to a certain extent that Tesco does not realize up-to-date on-shelf replenishment. 3. Comparisons with Marks Spenser Marks Spencer (M S), which has been grown for more than 100 years, performs well to satisfy the British middle class with high quality service as well as reasonable price. Because of reliable reputation in marketplace, M S asserts as one of the stronger competitors to Tesco. The following data is what collected on the same day at 2.02 in attempt to compare what are differences in on-shelf availability between Tesco and M S. Table 3 collected at two o’clock Item name price status promotion Chopped Tomatoes 400g ï ¿ ¡0.59 unavailable N Miniature New Potatoes 500g ï ¿ ¡1.99 unavailable N Chopin Jacket Potatoes 700g ï ¿ ¡1.69 unavailable N 4 Jacket potatoes 800g ï ¿ ¡1.49 unavailable N Peas 400g ï ¿ ¡1.99 unavailable 3 forï ¿ ¡5 Young Garden Peas 170g ï ¿ ¡1.69 unavailable N Peas sweet corn and broccoli layer 360g ï ¿ ¡1.69 unavailable 2 forï ¿ ¡3 Classic Layered Vegetables 320g ï ¿ ¡1.99 unavailable 2 forï ¿ ¡3 Carrot, Cauliflower and sprouts 400g ï ¿ ¡1 unavailable Half price Sweetheart Cabbage Chard Medley 160g ï ¿ ¡1.8 unavailable 2 forï ¿ ¡3 Sea salt and peper new potatoes385g ï ¿ ¡o.89 unavailable N As what was seen in M S, all the on-shelf unavailable items were not be labeled out of stock marks. It is difficult to identify if they are out of stock or just contemporary unavailable. Based on the performances on shelves, MS had serious shortage in potato while there was sufficient storage in Tesco. However, those contemporary out of stock items in Tesco such as asparagus, broccoli, and runner beans are available in M S. The obvious difference between Tesco and M S is that there are staffs to replenish to shelves continually when I was recording data in MS. Something in table 3 was available just after recording time 10 minutes, which refers to a certain extent that shelf replenishment in M S is better than Tesco. 4. Problems in supply chain The direct reasons which take account of shortage represented on shelves can be divided simply into two types. One owes to the out-of-time delivery between warehouse and shelves. Another one is because of the out of stock in warehouse. Customers only purchase goods which are displayed on shelves but which stay in warehouse or are out of stock. Whatever which reason, it results to a loss of supermarket’s reputation and sales. It is necessary to study the problems existing in supply chain, which cause on-shelf unavailability in Tesco. Supply chain is responsible significantly to address stockouts. Not only does an efficient supply chain help Tesco to reduce costs of warehouse and of purchasing through faster goods turnover but also attract customers by providing high quality service through satisfying them at any given time. In angle of supply chain, these problems might be found in retailer (Tesco) itself, in suppliers as well as between them. 4.1. Tesco departments Specifically, the problems which influence availability on shelves when there are goods in store are possibly attributed to unclear division of labor or lack of shelves management even inefficient inventory control within supermarket. Indeed, advanced stock control technology like Point of Sale (POS) and modem management software enable to trace real time selling quantity and maintain stock level automatically. However, if the up-to-date data is generated without arising notice and being responded quickly, it is still useless. Take an example to explain matters of collaboration between departments. Supposed one type of item on shelves are running out and computer system reminder to replenish. Definitely it is time to delivery goods to shelves at once. However, selling department does not notice unavailability of goods on shelf or even just play Ping-Pong (Richard Bell, 2004) with stock department when it received the restoring requirement. Selling staff carry out nothing except waiti ng for the stock department to solve the problem while the later one are considering that selling department should take responsibility of replenishment. As the time pass, because of on-shelf shortage, customer lose. In addition, lack of shelf management also causes ‘stockouts’. What is common to be seen in TESCO is that different items on shelves are mixed together or that one type of item is displayed at different places. Customers are difficult to find what they want exactly in such disorder display. It is quite often that goods considered unavailable is actually hidden by other goods or is exhibited at another place. In addition, the unbalancing allocation of on-shelf space is another typical reason of emptying shelf in Tesco. On the same shelf, some are running out easily while others are excess. Inadequate shelf space of fast sellers increases the frequency of replenishment and risk of empty shelf. 4.2. Inventory management 4.2.1. Inventory control The problem may exist in Tesco inventory control if stockouts happens in warehouse. There is no doubt that shelf time of fresh vegetable is extremely shorter than other regular product. Fresh vegetables attract customers to purchase on the basis of high quality physical appearances and short best-used date because these two factors can transfer information that foods are fresh and without any artificial additives (Derek L. Waller, 2003). These two safety signals are what customers concern when they are purchasing. In the case of that, supermarkets try to keep the minimum inventory of fresh food as possible. Both supplier and retailer tend to make this type of goods turnover through the supply chain quickly. On one hand, minimum inventory level is helpful to decrease the wastage costs because it reduces the risk of perishing. The less fresh food are storied in the warehouse, the more possible to sell them out before the best display day. On the other hand, minimum inventory is likely to increase the rate of contemporary out of stock. Guiding by minimum inventory management, retailer tend to reduce the amount of reorder point. It means lessen the goods which are used to maintain sales during delivery lead time. When market demand exceeds what is forecasted, the probability of stockouts increases. Goods are easy to be sold out during a short time if there is not enough storage available in warehouse. For example, supposed Tesco decreased the reorder point from 7 to 4 and safety inventory maintain 3. The delivery lead time is 3 days. Both these two levels of stock can afford if the actual sales number is 2 per day on average during delivery period. However, if the market demand increase to 3 per day actually, the lower stock level will lead to out of stock. 4.2.2. Inventory order 4.2.2.1. Forecasting An inaccurate forecast result into a wrong ordering requirement directly. It is another possible reason of stockouts. Because of impossible to capture future real selling data, all the inventory order are estimated on the basis of forecasting future market demand. Undoubtedly, a pessimistic forecast quite probably results in stockouts. This mainly causes by that forecasting pessimistically is likely lower than what occurs actually. As the retailer seeks to minimize cost in a forecasted difficult market conditions, they try to reduce inventory order quantity. While the actual demand is much higher than what ordered even stock can not afford during delivery lead time, stockouts occurs. What’s more, forecasting inventory order point is a sophisticated means which requires taking into account market demand trend, financial flow, lead time, and storage turnover etc. Under certain curriculums, it is difficulty to make sure that every element involved is as expected. For example, bef ore Christmas day, an optimistic forecasting market demand of tomato sales in Tesco during that period is 300per day, and a pessimistic predicted market demand is 150 per day. However, the actual demand is 500 per day which is much higher than what forecasted both optimistically and pessimistically. Supposed the delivery lead time is one day, reorder point is 300 and safety inventory is 100. Tomato is going to be out of stock whatever it is optimistic or pessimistic forecast. 4.2.2.2. Information transportation Roland Vaxelaire, the president and CEO of Carrefour Belgium maitained that almost 80 percent of these problems are driven from the matters in transportation of information such as delayed, inaccurate, and irrelevant, (Richard Bell, 2004) which also could make goods out of stock. Take information transformation delayed as an example. An excess order requirement for promotion was send from retailer to its supplier too late. It is likely that supplier could not prepare enough goods at given time. If customers’ demand exceed the total that rest in warehouse, goods will be contemporary out to sock. 4.3. Supplier The next reason of stockouts that bear in mind is supplier’s own problems such as delivering delayed or delivering less than what ordered or even delivering wrong goods. These mistakes might be driven from accident like strike or vegetables sick or poor management in supplier’s organization such as inefficient working and dispatching order to a wrong object. All of these could leave supermarkets empty because retailers have not enough good to replenish for continuing sale. In addition, what make empty in warehouse may owe to the inharmonic relationship between retailer and supplier. It is common that a company plays as a supplier to several retailers like TESCO and ASDA at the same time. If the fresh food is limited, supplier is probably to fulfill it customer (assumed it is ASDA) who is more important and closer at first. In that case, Tesco will be out of stock. Additionally, Grocery is a kind of price-sensitive goods (Marshall L. Fisher, 1997) which is usually appli ed price promotion to stimulate sales by retailer. In attempt to ensure the profit and develop market at a lower price, retailer always tries to slash the purchase price of fresh foods. What they do like that is adverse to corporation with supplier. If the disagreement is too serious to be overcome, supplier will stop to proving goods. That is why poor relationship with supplier is risky to be out of stock. 5. Solution 5.1. Optimize internal management On-shelf availability is a crucial standard of evaluating customer service and working efficiency of a supermarket. According to passage of stockouts causes walkouts (2004), 21% to 43% customers turn to other shops for purchasing when they are facing stockouts (Daniel Corsten Thomas Gruen, 2004). Tesco will lose profit because of their customer leaving with empty hand. In groceries sector, TESCO has been witnessed its lack of supply chain efficiency and response. The possible problems what mentioned above absolutely result in obvious on-shelf unavailability of fresh vegetables. For beating these drawback, there are a vast of measures must be carried out by TSCO to integrate its supply chain so that minimize costs and qualify services. It is necessary for TESCO to clear division of labor between departments to avoid confusing of responsibility. It must be made clearly that if the product is in store but out of stock on the shelves, which apartment and who should take responsibility on it. If possible, TESCO had better to appoint someone who might be the manager of selling department or of store department to manage delivering goods to shelves. In addition, Tesco should reorganize the allocation of shelf. Fast selling items which are easy to be running out should allocate more space than unpopular goods. In that case, fast sellers do not need to replenish on shelves frequently. This approach is useful to save the cost of replenishing staff and improve the on-shelf ability of popular fresh foods. 5.2. Reorganize inventory control Along with growing attention to freshness and healthy of food, retailers are facing challenges to implement smaller order, faster inventory turnover and increasing delivery frequencies on fresh food inventory control(Derek L. Waller, 2003). For lessen stock out in warehouse as well as satisfy new attitude trend to fresh food, Tesco must rearrange its fresh food storage and optimize inventory control computer system. What need to do principally is to understand what customers want most. Assistant with the point of sale system, up-to-date sales data is accessible. It enables to capture customers’ preference. For the requirement of faster inventory turnover, improve sophisticated inventory data collect system is necessary. This system is use to calculate the stock level and replenishment status at any given time. Secondly, it is to reclassify inventory according to ABC analysis. ABC classification is an approach which is basis on the 80/20 rule. It was developed by H Ford Dickey in 1951. ((Derek L. Waller, 2003) Customer’s preference changes from period to period. Tesco should update its inventory control policy according to these changes. Guided by ABC analysis, class A which take account into 80% value of inventory is treated as the most notable part to manage, although it only occupy 20% of amount of inventory. Both fast sellers and class A need to apply ordering method as fixed ordering quantity (Economic Order Quantity). While their inventory quantity reducing to an estimated level (reorder point), inventory control system will send the order requirement to supplier automatically. The rest inventory which are classified as class B and class C are the less important ones. Most of them could implement ordering method call Economic Order Period (EOP). This approach orders at fixed ti me period. This method requires checking inventory quantity during a fixed time and then generating order to replenish inventory to an estimated fixed max stock level. ABC classification ensures Tesco emphasize on maintaining inventory level of items which are the most crucial and valuable. Tesco could reduce the cost as well as resources by cutting unnecessary inventory down. Also, this approach focuses on minimize the risk of empty in biggest contribution goods and of what customers concern. It is useful to avoid wastage costs and improve customer service. 5.3. Making forecast precise Because of the point of sale system, collecting of real-time update selling data is realized. What Tesco need to do is to forecast market demand on the basis of actual selling trends more accurate. To develop an algorithm computer system make an exacter forecast possible. In addition, in order to take into account influence of special situation, before the orders being sent to supplier, stock manager have the right to modify it according to promotion decision and other extra information like special requirement for specific holiday. 5.4. Integration of information and of suppliers It is suggested that Tesco develop a type of reliable win-win relationship model with suppliers. Tesco could contract a long-term relationship with several reliable suppliers to take responsibility of different vegetables. Under such long-term partner ship, suppliers benefit from consistent orders and exact market analysis. They do not need to worry about sales of their goods and promotion of pending out-of-date goods because of capturing exact selling data from their long-term customer-Tesco. With the help of EDI system and standard barcode (Penelope Ody and Sue Newman, 1991), Tesco could communicate its suppliers with networking their computer. All of reliable suppliers allow accessing to Tesco’s inventory control system freely. To develop a Vendor Manage Inventory system (VMI) stimulate suppliers replenish initiatively and frequently so that realize continuous replenishment. However, Tesco need to pay attention on reducing costs of continuous logistics. It is practical to i mplement that transporting vegetables together with other ordered items so that Tesco also could obtain economies of scale while frequency of transportation increases. 6. Conclusion Customers always expect to buy whatever whenever. Every sections involved in supply chain is take a responsibility of optimizing it. Stockouts of vegetables in Tesco can be caused due to problems of Tesco itself like out of time on-shelf delivery, wrong forecasting future market demand and delayed or inadequate ordering. Otherwise it could be attributed to suppliers such as too late and too little delivering or an unreliable relationship between supplier and Tesco. It is possible to minimize these problems through integrating supply chain. Tesco need to clear its departments’ own responsibility, reorder goods displayer and optimize the utilization of shelf space. What’s more, based on the POS system, it should improve platform of sharing selling information and up-to-date changes of inventory with its suppliers so that supplier could look after the inventory level and plan to replenishment initiatively. Together with Tesco and supplier’s effort, the whole supply chain could response changes quickly and efficiently. It enables to realize Continuous Replenishment Practice (CRP) to fulfill the customers’ daily demand of fresh vegetables. Because increasing logistics cost of continuous replenishment could be offset by the reducing storage cost, Tesco could increase its availability as well as customer service at a lower costs. References Ballou, R. H. (2004). Business Logistics/ Supply Chain Management. America: Pearson Education, Inc. Bell, R. (2004). Retailer Strategy. Burlington: Templeton College. Corsten, D. Gruen,T. (2004). Stock-Outs Cause Walkouts. [Website]. Available from: [Accessed:10 November 2009] Cristopher, Martin. (2005). Logistics and Supply Chain Management. Pearson Education Limited. Fisher, M. L. (1997). What Is the Right Supply Chain for Your Products? Harvard Business Review. March-April. 97205. Fortune (2009). Global 500 Our annual ranking of the worlds largest corporations. [Website]. Available from: [Accessed: 18 November 2009] Hausman, W. H. (no date)Financial Flow Supply Chain Efficiency [Website] Available from: [Accessed: 10 November 2009] Marksandspencer.com. (2009). [Website]. Available from: [Acces