Dead Man’s Shoes †Essay Essay

The short story â€Å"Dead Man’s Shoes† (1998) by David Evans is an astonishing view into the life of a rural village in South Africa after the fall of apartheid, and of the different attitudes flourishing in the community. The story depicts the life of a rich widow, Anne Bezuidenhout, who lives alone on an enormous farm with only her black workers to help her. She has many offers of marriage, all with something to offer her, but she ends up surprising everyone with her choice. However, at the heart of the story we see the persistence of apartheid and conservative values in the ‘new South Africa’. Perhaps one can see this persistence in the narrative voice of the short story. As a 1st person narrator, he is part of the story, as one of the seven suitors of Anne; â€Å"Last and least me, a teacher, divorced by a wife who had found me, my profession and Pampoenfontein too dull for her.† The story is slightly affected by the narrator’s opinions. This is visible in several quotes such as â€Å"Most important, she was rich.† and â€Å"But a good Black staff was one thing. A woman trying to manage it on her own was quite another.† The last quote is one of several quotes in the short story pointing towards the narrators both racist and slightly patriarchal mind. One could argue that the quote just pities Anne for being alone on the farm, however on page 3 Anne tells the suitors that she is in fact used to hardship. If one reads between the lines, it is clear that she is aware of her situation but is not worried about it at all. The language in the story al so has a role in the slightly racist values of the narrator. We see this in the choice of words the author has made when describing, for instance, Anne and Samuel. In the description of Anne, the author uses many positive words to do a detailed image of her, as seen on page 1; â€Å"pleasant-faced with wide green eyes and a voice which carried soft currents of her native Galway. She also had a flickering smile charming and at the same time tantalizing, hinting somehow at private amusement and undeclared opinions†. Naturally Anne would receive a detailed introduction as she is one of the main characters in the story, yet Samuel is also a main character, but his introduction is much less personal and without many adjectives, as seen on page 3: â€Å"Anne had taught him to read and write and to do simple sums. This bit of education hadn’t  spoiled him as it did so many. He knew his place: bossboy among the Black workers†. On top of that the author has let the characters use several nicknames for Samuel such as â€Å"swartg oed† (page 5) and â€Å"boy†(page 4). The use of nicknames could, however, lead the reader on to having a look at the characters of the story. As a last contributor to the general feeling of continued apartheid in the story is the characterization. The characters are revealed through an outward description. In the beginning of the story, the introduction of Anne is given very quickly and detailed. But the author’s way of describing the seven suitors is almost like a list where each of them equals a different personality or genetic trait such as â€Å"Harry Smith, the town’s auctioneer, was the oldest†, â€Å"Japie van Os (†¦) was the richest†, â€Å"Hannes Snyman (†¦) was the biggest† and so forth. The reader must therefore make his or her own conclusions on the character through behavior and talking, because of the author’s use of implicit characterization. For instance the reader could focus on the character Maritz Grootbek and immediately conclude that he is indeed a racist. Why? Because he frequently comments on Samuel. One could argue that this is simply because he admires Anne for having â€Å"a good staff with a reliable Black foreman† (page 3), but his rude behavior and ways of talking states otherwise. An example could be when he arrives at Anne’s house and is shocked when Samuel doesn’t fetch her immediately; â€Å"†Where’s the Nkosikazi (frue), boy?† Jamie demanded roughly. â€Å"Go and fetch her. Hurry!†. Since the other suitor doesn’t argue with his rudeness it is clear that they share his opinions. Last but not least, the shared racist values of the seven suitors become certain when Anne tricks them and decides to marry Samuel. Based on their reaction â€Å"We stared, we glared, we blinked in disbelief, then stared again.† (page 5), it is clear that none of them ever thought that they would be put aside in favor of a black man and even after she has announced her will they still â€Å"tried to dissuade Anne† (page 5). Even though it is generally known between the characters in the story that Samuel is a good man, he is still considered low because of his color, and the suitors are still suspicious about him. Ultimately this shows that even though apartheid has legally ended, it is still a state of mind for many white South Africans, as confirmed by the narrator himself: â€Å"Pampoenfontein may have accepted that all of us – whatever our colour – were equal citizens in the new South Africa, but we  were all proud of our past and no white man there could be expected to tolerate any talk of a black being as good as a white†.

Going Green to save the Environment Essay

Environment preservation has been of high concern by many environmentalists’, governments and other non-governmental organization. Due to the current situation of the environmental degradation, many campaigns by different organization have thus been put forward as a remedy to the effects of this problem. To curb this problem, different global attempts have thus been instituted to ensure a high concern to prevention of further degradation and limit the then effects born of this problem. Broadly, environment is the ecosystem in which man, animals and the plants survive in. For the health of the live on the earth, importance is attached to the influence of a health state of the environment. A polluted environment is harmful to man, the other animals and to the plants kingdom. Such comes from the indirect consequences that arise as a result of the harmful environment or directly through the health effects that poor environment has to the living things. In the ecosystem, living organisms interact with the environment in their pursuit of life in which case, they uses the environment to source for their daily requirements. If the environment is degraded, its maximum capacity to offer sustaining output to the living things in the ecosystem is destabilized, which results in the fatal effects of harm to these living things. However, the problem with such environmental degradation is rooted to human beings influence where man in the sole contributor to this problem. Through his daily activities in exploitation of the resources in the environment for his survival, man has continued to degrade the environment. (Wade, 2003) However, with the inset of the problem arising from this problem, man has embarked on the philosophy of ‘going green to save the environment’. This aspect entails the application of various attempts that brings one to being friendly to the environment as well saving money income in his operations. This has a double remedy the ones life, where one saves the environment using certain tools which are also economical in terms of money expenditure. (Beretz, 1999) Environmentalists and human activists have argued that man can only undertake to save the environment in an economical way through the various daily interactions with the environment at various levels. Such levels leading to going green to save the environment, would be captured at the people homestead, workplaces, use of recycling campaigns economy and optimality in peoples daily automobile system and proper concern on material and equipment storage. In such, various areas have been developed by the seventh generation in the realization of the roles that individuals can play at their personal level to save the environment in the cheapest means hence saving their income. The seventh generation is a group of human activists who have joined together to fight for the value of a clean environment. Their campaign is safety geared towards initiating environmental protection at the personal level. (www. seventhgen. com/making_difference/newsletter_article. php? article=404&issue=46) However, in understanding the concept, movers of this philosophy have to capture the diversity in the understanding of the term environment. Broadly, environment captures various sets of variable which will include pollution, demographic control, protection of the ozone layer, use of recycling to prevent pollution, use of environmental conservation methods, and aspects of global warming and endangering of some animal and plants kingdom. Perhaps, the greatest contribution has been by the government, international environmental laws on environment and other big organization of both national and international scales on environmental conservations. However, the contribution of these groups has perhaps been minimal, too costly and not optimal to addressing the issue. Research has showed that, despite the high campaign on environmental protection the problem continues to be a threat to the plant and animal ecosystem. With this challenge, the developers of the seventh generation movement work to remedy this problem through personalizing saving of the environment. The concept will basically involve the application of various conservation measures by the individual person which would be less involving in terms of time resources, effect to the external population and above all saving money. To an individual person, he will interact with various environments in his day to day live depending on different variables such as age, religion, occupation, gender, political orientation and personal social-cultural believes with the environment. In the different environments that individuals interact with, the concept of going green and save environment captures on how an individual person should relate with the immediate environment for its preservation but which would otherwise be of the most minimal cost. To the seventh generation activists’, man is involved in the use of some resources at his personal level which can be re-used once again and who’s un-optimal use leads to environmental pollution. Since such resource products are used by the individual, saving the environment would be fostered through recycling of materials. This would involve the re-use of the products for even other purposes and periods. Environmentalists argue differently on the consequences of recycling in relation to the economy as a whole. (Clay, 2001). In the broader sense of environmental conservation, recycling a product depends on the economies that may be got from such an activity. Firstly, if the product got from this activity is cheaper that that of a new product of the same nature, then recycling is an important tool as it will imply income saving. However, if the product got from the recycling is expensive than the purchase of a new commodity of equally the some nature, then recycling would be uneconomical and thus no need of doing such. To the individual level, the relevance of economies from recycling a product should guide him of whether to recycle the product or not. In one level, such an activity will only involve the particular individual. On the other hand, the activity will save him on income for purchase of other products. Sufficiently, the going green and save environment philosophy is captured at this point. Recycling will involve various resources products such as energy wear materials, use of recyclable products, keeping the air clean upon other activities for collecting rain water for household use and recycling plastic components such as bags that are not easy biodegradable. (Wagner, 2005) Through use of various household product recycling activities, an individual can save his income above saving the environment. At the homestead, individuals should recycle plastic bags, through using them time and again. Either, the use of easily biodegradable plastic containers and products for packing household waste is a measure. For ones physical outwear, clothe recycling is still a measure in which a person can wash a piece of cloth material for many times and still keep some few of them for his use. Some articles like paper towels as well as napkins should be made of recyclable paper material. In the physical decoration of the homestead with paint, brands of paints manufactured from some organic compounds which would be volatile and cheap as well having a lesser effect on environmental degradation should be used. At the personal level, cleaning compounds such as soaps and detergents have been a chief source of environment. ( Sivils, 2003). However, remedy to this would be personal manufacturing of his household cleaning products which can be done from various simple components which are cheaper and a highly environmental friendly. Other economies would be safety to the kids, the old people or pets who would be chemical sensitive hence affected by chemical cleaning materials. After a research carried recently rain water offers a fabulous health conditions to the individual. Rain water is normally healthier with fewer chemicals and therefore better for use by an individual. The opportunity cost of rain water is other sources which contains chemical compounds harmful to man. Either, such sources are normally costly and therefore uneconomical. For one to save income and be environmental friendly therefore, he should strategize to possibly have a collection of rain water. Such a method is cheaper and also safeguards the person against any health problem that may arise from use of treated water or water with various chemicals. An environmental friendly and cheap method can be on the deposition of individual food and organic leftovers, rather than trashing them to the dumping areas. In most the cities, environmental pollution has been as a result of food leftovers substances that are dumped in the dumping site by individuals. (Domoto, 1999) Intensity of such leftovers is environmentally unfriendly whose long run cost is perhaps too high both to the individual, community and the government. By using compost pits for your leftovers, it can alternatively be used as a source of organic manure for your field. Indeed, this method is cheap and ensures a high saving to the environment. ( www. seventhgen. com/making_difference/newsletter_article. php? article=404&issue=46) By and large, an environmentally friendly homestead is a key factor in concern to going green to save environment. The homestead is the living area of the individual. Therefore, it forms an environment which the individual person should work towards its upkeep. Broadly, diversified methods can be used to improve and maintain a good homestead environment at a cheap cost which is highly cost saving. Diversity in such household’s environment concerning issues varies from energy saving techniques and use of proper methods to conserve waste for household use. In various, studies household activities have been voted as a big contributor towards environmental pollution. Above this problem, such household activities are normally highly costing. Various household activities have led to external environment pollution which is harmful to the immediate individual in the application as well as the neighborhood as a whole. Perhaps the greatest household environmental pollutant is the energy system and activities used in the households. Various energy inputs such as cooking energy, lighting, water heating and laundry appliances have been a chief source of pollution. To avoid this, individual should use environmental friendly energy conservation methods that are also cheap. Some electrical systems and appliances are normally cheap and have less environmental pollution. Example, persons should aim to use fluorescent bulbs that are energy efficient. Home selection of such should vary with shapes, color hue match and room lighting. (Wagner, 2005) Many of these choices have been voted to use a scaled down amount of energy than the other versions. Other varied energy appliances in the homestead can highly help to save the environment above reducing costs of their use. The use of energy star appliances, reducing the homestead utility bill, use of wall warts which are adoptions used for drawing energy from homesteads walls and the use of other dormant appliances which do not use energy when off can highly help to save energy. Active home appliances should be left to home machinery which could only loose its memory when switched off. Household should use energy audit system to control the saving attributes at the homestead which help to save the individual income and the environment as a whole. Contributors of the seventh generation usually argue on the impact of energy as a major source of environmental pollution. Improper use of energy at home can be a chief source of high income expenditures and an environmental pollutant. At all levels, the going green to save environment at the homestead level will call for water saving measures. This will involve on the general methods in use of water at home and the water heating methods which should be through the use of solar heaters rather that electricity. In all such activities the individual incomes is saved as well as the environment. (Wade, 2003) As a whole, personal use of automobiles has been a detriment to environmental pollution. In big cities of the world’s most developed urban areas, exhaustion of fumes, extravagance consumptions of fuels and vehicle jams have highly contributed to environmental pollution. To the individual person, the going green and save environments involves use of car and gas saving instruments that calls for less pollution and lower transport cost. To the individual going green on cars involves economical car application tools which may not imply direct use of transports. Such measures may include public transport use, operating work at home, probably renting of a car, economical driving and the use of environmental friendly fuels in your cars. Such aspects by an individual works toward achieving the going green in conservation of environment as well as saving income. A persons equipment purchases are taken for storage at the stores. To the individual, the storage system of his purchases may highly lead to environmental pollution. The store system should involve methods that help to reduce pollution. Stores packaging, volume of purchases, conditions at the stores should be environmental friendly at a cheap source. (Clay, 2001) The dimension of going green to save the environment tries to capture the possible ways in which an individual at his personal level can work towards minimizing environmental pollution with the cost aspect being minimal. It seeks to draw environmental protections activities and campaigns have been moved from the government or other big organization and bringing it close to the individual level. This has been done after a close realization on the importance of the role played by individual in protecting the environment on economical base rather than use of the broader institutions at higher expenses. Reference: Beretz, C. (1999) Saving the Farm: Forum for Applied Researched Public Policy Vol. 14 Clay, R. (2001) Saving the Earth from Space: Environmental Health Perspectives Vol. 109. Domoto, A. (1999) Saving the Environment Women at the Wheel: UN Chronicle Vol. 36. Seventh Generation (September 2007). The non-Toxic Times News letter. www. seventhgen. com/making_difference/newsletter_article. php? article=404&issue=46 Retrieved on September 29th 2003 Sivils, M. (2003) Rosendale Steven Ed. The Greening of Literary Scholarship: Literature, Theory an the Environment: Studies in American Fiction Vol. 31 Wade, M. (2003) Saving the Planet: Report Debunks Myth That African Americans Don’t Care about the Environment Black Enterprise Vol. 34 Wagner, C. (2005) Saving the Environment Saves Human Lives: Environmental protection Programs Could Reduce Impacts of Future Disasters: The Futurists, Vol. 39

Practical Psychology for Everyday Life

Practical Psychology for Everyday Life Question 1 I think one of the most important concepts I learnt from the lecture is the effect and influence of the non-verbal behaviors and language, but the people mostly lack of awareness on them and create misunderstanding even discontent among all of us. These non-verbal behaviors seem to be non-significant in our everyday life, but they do play a key role in daily communication. Even though non-verbal communication could only express simple thoughts and feelings, it indicates the true ideas and emotions.As verbal language sometime different from what we really think, for example, lying and overstating are typical models, these behaviors build up more barriers and obstacles between peoples. Thus, understanding of these non-verbal behaviors helps us express us more clearly and beneficial for our relationships. Non-verbal behaviors appear everywhere, every moment; even though they are common, but we did not pay much attention. And it leads to mismatch of verbal and non-verbal behavior creating ambiguity, the original idea could not be sent.In the past, when I was talking to others, I used to look at anywhere but not the one I was chatting with, no matter teachers or classmates. Because of this strange behavior, I was viewed as an ill-mannered student. It took me years to realize and solve it. In this situation, even though I thought I was talking with my teachers with the most polite language I knew, but my non-verbal behavior crumbled it. It is also a typical problem nowadays youth might have, as electronic gadgets become part of our life, most of us may focus on the smartphone in hand but not the friends around.Thus, the non-verbal behaviors reflect our manner, but lack of attention of these behaviors would be a worrying trend. Moreover, the non-verbal behaviors are indicators of our true feelings. In the past I wondered that how my sister could catch me when I was lying all the time. But later on, I discover that when I tell lies, I often shake my head. If we take a closer look to these minor behaviors, it would be easier to find others’ true feelings and what they try to hide. It is also eneficial for our daily communication. All in all, the non-verbal behavior should match with the verbal language, if we want to express ourselves to other, so other would get our ideas clearly, it avoids the unnecessary arguing and guessing and helps us contact with others more efficiently. Thus, non-verbal behavior should be taken a higher level of consideration. (Words for Q1: 420) Question 2 Self-discrepancy could be varies as three major self- perceptions: actual self, ideal self and ought self.This divergence defines us and shapes our personality as we seek unity of these three perceptions. The actual self represents the true qualities we acquired and what we really are. Despite this, some of us may omit it and pursue the ideal self, the ultimate qualities we desire. Besides that, ought self indicat es the qualities that we should grab. Inspired by my mum, a lady who strongly influenced by the traditional ideas. Once suffered in the mismatch of ought self and actual self. She married a man who did not love her, leading to another unfortunate marriage.This man gambled and lost my mum’s hard-earned money, he get drunk every night and creating more domestic-violence. In this circumstance, it is definitely that she should seek help and leave him. But in the struggle between her actual self – the desire to leave and ought self – the responsibility of a wife, her wavering brings more pain and sadness. In this case, the actual self of my mum falls short of her ought self, mixing the influence of the tradition ideas, she feels guilty when she tried to leave him.Besides that, the guilty remains even she left him for years, it lowers her self-esteem and makes her more fragile. From my mum’s experience, it reflects that the diversity between ought self and actu al self can be deeply affect and change one’s life. Apart from the ought self, the ideal self seems to be the ultimate goal of one’s actual self, but everyone has their own limit. In the past, I was forced to learn how to play piano because of my mum’s will. It was a difficult time for me as I found that I had no interest on piano or other instruments.In fact, I did try my best at the very beginning, but my fingers refused to dance on the piano keys but stomped on it. Later on, my mum started pushing me to play piano day by day, but the result just disappointing as usual. After several months, the monthly-long unsatisfactory outcome depressed me, at the same time, my academic results was declining as well. It illustrated the consequence caused by actual self fails to catch up with ideal self. Thankfully, my class teacher discovered it and discussed it with my mum, the piano measure was lifted and everything was back to normal.Thus, the objective we establish sho uld be achievable and relevant with our own abilities and our actual self. The draw-backs of forcing yourself to do impossible tasks could be unrecoverable. In conclude, understanding of self is the prerequisite for success, even though the desires and obligations may affect us. With the acknowledgement of ourselves, we erase our anxiety and take the duty. We find what our limits are and accept it and it pave the way to success. (Words for Q2: 488)

Persuasive Speech Essay Example | Topics and Well Written Essays - 750 words - 1

Persuasive Speech - Essay Example Even though you may already know a great deal about your topic, read recent articles in order to find the most current data and/or talk to local experts in order to discover local information. You must cite at least 3 sources during your speech. There must be variety in your sources and in the types of supporting materials you use. You must use reliable sources. The collegiate world of sports is a dynamic realm that continues to perplex and fascinate fans all around the world. The world of college is filled with suspense, drama and â€Å"Cinderella-type† stories in which the underdogs prevail while the dominant teams continue to falter. In essence, athletes in college are motivated to excel because of pride and culture. According to the Gallup poll, 85% of college football fans support modifying the bowl game system into a playoff system. Therefore, it is logical that the NCAA should implement a playoff system in the collegiate level because it would resemble the NFL, implement a fair system of picking a winner, and finally would bring millions of revenue that would satisfy colleges. The primary reason why college basketball should implement a playoff system method is because of the fact that both NFL and the NBA have playoffs. In essence, playoffs truly change the storyline of the traditional rankings. Many teams tend to outperform their rivals because of the extra motivation that they achieve by making the playoffs. This example can be brilliantly depicted as the Green Bay Packers won the wild card in the NFC North. After inching to get into the playoffs, the Packers with their 10-6 record prevailed against the Bears and went on to win the Super Bowl. It is evident that the Packers would have never achieved this nominal feat without entering the playoff system that is embedded in the playoffs. Moreover, the playoffs challenge athletes to persevere in times of adversities. The talented individuals that are played in

Customer Engagement in Social Media & Netflix Assignment

Customer Engagement in Social Media & Netflix - Assignment Example Today people prefer other people’s experience and their opinions about a particular product or service rather than advertising and promotions of the brands. For this reason internet is playing a vital role in encouraging people to share their ideas, experiences, opinions to influence others. The potential consumers seek for these types of information which is available and open to everyone (Evans and McKee, 2010). One of the benefits of taking this course is that the information is presented two-fold. Both the marketing and consumer perspectives are represented in an effort to provide you with a holistic view of Social media Marketing. What is your perspective on the Netflix/Qwikster rebranding endeavor? Taking the newly adopted Netflix business model into consideration, how would you have handled the negative customer outpourings on the Social Web if you were in the shoes of Netflix CEO Reed Hastings? FYI, implementing the previous price model is not an option in this scenario, what are other alternatives Netflix could have explored that would prove beneficial to both customers and stakeholders? The Company decided to change the name of its DVD mail service to Qwikster while rebranding, however being wise in technology and innovative, the Company did not go through Social Media, i.e. Twitter where a guy named Jason Castillo already existed with Qwikster (Hill, 2011). To make Netflix beneficial for customers as well as stakeholders and to handle the negative reviews there should have been a better communication process. The Company increasing the prices and doubling it followed by a bad communication process would certainly put a loyal customer to rethink about the relationship with the Company. Priority to customers is the main element and while driving prices up, there could have been a better communication with the customers through their blogs and through other social media. They could have communicated with the

Discuss the performance and effectiveness of Franklin D. Roosevelt Essay

Discuss the performance and effectiveness of Franklin D. Roosevelt (FDR) as commander-in-chief during the Second World War and how he developed his relationship with the U.S. Armed Forces - Essay Example Roosevelt was the commander in chief of the armed forces of United States. He was held responsible of the industrial might of the state. His roles were enormous in the establishment of the United Nations. Franklin D. Roosevelt always had people behind him during times of war and peace. Some of the methods that Roosevelt applied drew various perspectives on the integrity of his administration. During World War 2, the president ordered the American industry to manufacture large quantities of war equipments. He ordered 18 million tons of shipping, 185,000 planes and 120,000 tanks. The equipments were to be produced within two years. Roosevelt also expanded the number of servicemen in the armed forces and the number reached 11 million.1 The American navy was also integrated and expanded to form complex force that was bigger than the rest combined. Employees in the armed forces were increased to 65 million. Roosevelt encouraged civilians to join the armed forces by having all his sons in the forces. John and Franklin, Jr were in the Navy; James was in the Marines and Elliott in the Army Air Force. The armed forces of United States therefore gained confidence with the president. Franklin D. Roosevelt took interest in agencies that managed war among countries allied to United States. Roosevelt met with Churchill together with their military men and chiefs. The consequence of the meeting was the2 formation of the combined chiefs of staff that planned and managed British and American forces. The combined team allocated ammunitions, controlled military intelligence and communications and also administered the areas that had been conquered. There was also a board that administered industrial resources of the three countries. The raw materials board also managed the supplies among the three states.2 Coordinated management led to the success of the forces and great attribution was made to the president. Franklin D. Roosevelt was concerned with the unity of the

Religious Practices and Ideas Essay Example | Topics and Well Written Essays - 500 words

Religious Practices and Ideas - Essay Example First, for intrinsic concerns. This is to appreciate how particular religious expressions can reinforce their own historical, social settings. The second reason is to consider how it may also encounter our own understandings of the day to day world (Brown et al. 73). The Roman Catholic Church and the reality of Catholicism, for instance, remain a massive and appreciated presence into the third millennium of history. Some of the questions that everyone might be asking him/herself are what are the backgrounds of the Catholic Church? How has it changed diverse cultural influences over the years? In religious events, the Catholic Church is known to speak in one voice. With that as an example than in our case introducing religious studies in our schools would play a good role in strengthening relationships in different nations (OCollins et al. 84). First, for instance, in his book Henrietta Harrison explores the modern background of a single Catholic Cave Gully town in Shanxi by intertwin ing some of the most important memories and tales of its inhabitants together. Harrison challenges are leading global antiquities of Christianity. In dissimilarity to storylines that tell a story of a Christian religion that was foreign to Chinese settings and acculturated or adapted in order to reimburse for this incommensurability; instead, he shows the important harmonies between Chinese and Christianity religious cultures (Harrison 27). Secondly, an introduction of religions i.e.  Judaism, Islam, Hinduism, and Buddhism in the schools would allow interaction  and be borrowing different practices of different cultures. For a broader view of hopes and aspirations of the Chinese people, it is acknowledged that China has borrowed generously from other neighboring cultures (Hodous 44).  

External analysis for Ameresco Inc. (AMRC) Research Paper

External analysis for Ameresco Inc. (AMRC) - Research Paper Example heless, increased participation in the energy services industry has yielded increased competition between companies in the industry amid challenges presented by the external environment. The external environment has significant influence on the performance of companies through economic, technological, political-legal, and sociocultural factors. To sufficiently understand the influences of the external environment it is important to concentrate on a specific player in the industry such as Ameresco Inc. which is one of the largest energy services companies in North America. Although the economy cannot be controlled by an organization, it has great influence on the growth and development of a particular organization. This can be attributed to the impacts of economic growth, inflation, economic stability, and unemployment policies on the success of an organization (Dragnic, 2014). Ameresco’s location in North America gives it an advantage of relatively little negative influence of the economy. For example, its location in the USA is favorable to its success due the constant economic stability and growth presenting an opportunity for success. Additionally, inflation rates are relatively low thereby increasing its chances of success. However, areas with high unemployment rates offer relatively cheap labor hence increasing profit margins and vice versa. As such, the cost of labor incurred b Ameresco is relatively high although the changing times may present costs reductions based on labor importation trends. Technology plays a critical role in the de velopment of the energy savings industry. Technological advancements mainly focus on improving efficiency of energy consumption while maintaining low costs and conserving the environment. As such, the recent technological advancements pose a great opportunity for Ameresco’s success. Moreover, the political aspect heavily affects the performance of a particular industry depending on either favorable or unfavorable

New Business Venture Essay Example | Topics and Well Written Essays - 4750 words

New Business Venture - Essay Example Entrepreneurship and new business launch is always associated with meeting the challenges successfully. However, in order to achieve the success in creating a new business and successfully manage it is critical that the overall idea behind the creation of the business is commercially viable and can provide the desired returns. The analysis of the factors such as PESTLE provide a critical insight into the changing nature of the external environment and how entrepreneurs can actually take advantage of such changes to materialize them into successful businesses. This paper also presented a discussion on the particular mindset and individual characteristics which are required to successfully spot the new opportunities and convert them into the new businesses. Entrepreneurship and new business launch is always associated with meeting the challenges successfully. However, in order to achieve the success in creating a new business and successfully manage it is critical that the overall idea behind the creation of the business is commercially viable and can provide the desired returns. It is always important that the new ideas should be properly addressed and developed into successful business provided they have the potential to become successful business. Idea creation is one of the key areas for the new entrepreneurs and it is critical that the idea is properly transformed successfully. However, in order to achieve this, it is critical that the overall attractiveness of the products and services which will be delivered as a result of the new ideas, timeline involved, product value and durability of the products and services to be created as a result of this should justify the introduction of a new product, service or business. (Sorensen, La ssen., & Hinson,2007). This memo will deliberate on a new business opportunity which author considers as an important and believes that can add value to the firm. However, in order to convince the management of the firm and to present the ideas in the more meaningful manner, this memo will attempt to discuss different factors which may affect the new business opportunity for the firm. Apparently, this memo will deliberate on these factors and provide an objective analysis of how these factors can actually contribute towards the successful development of the new business opportunity into a commercially viable business. Description of the product It is a important that a complete description of the product is provided in the memo. The manager must include the relevant and important characteristics of the product to convince the manager that the proposed product can actually add value to the organization. Following information can be included regarded the description of the product: â €Å"The product to be developed and subsequently marketed by the firm is based upon a software program which can add value to the firm’s existing portfolio of software products. This new software will be based upon cutting edge technology and will attempt to offer the features and attributes which are not available in the

Shouldice hospital Essay Example for Free

Shouldice hospital Essay Executive Summary: The Shouldice Hospital, Ontario, Canada is a pioneer in the field of treating patients suffering from external abdominal hernia. The speedy ambulation coupled with its reasonable price rates leads to satisfied patients publicizing the hospital by word of mouth. The issues that confront the hospital management are:  ·Deciding on ways to meet the backlog of operations, by expanding the hospitals capacity, while still maintaining control over the overall quality of service delivered.  ·Handling piracy and bad mouthing due to piracy.  ·Selection of the next chief surgeon after Dr.Obney. After analyzing various plans of actions, it is proposed that the capacity of the hospital be increased by scheduling the operations on Saturdays also. At the same time a successor to Dr. Obney must also be selected. This solution seems like the most feasible in terms of cost and time and also leverages the existing strength of the hospital in providing quality services to the patients. To implement the solution discussed above, first of all, awareness must be created among all the employees by means of workshops etc., about the urgent need for such a step to expand capacity. The selection of the new chief surgeon must be done by carefully scrutinizing all the surgeons in the hospital as well as interviewing new candidates for the same. The administrative processes in the hospital must be made computerized to improve their efficiency. Proper training for using them must also be imparted to the employees. If it is not possible to increase capacity beyond a certain limit due to the above plan and the backlog list continues to expand, then opening an additional facility in some other geographical location, such as the US of A may be considered. Situational Analysis and Problem Definition: The Shouldice Hospital, Ontario, Canada is a pioneer in the field of treating patients suffering from external abdominal hernia. With its current capacity, it can treat 6850 patients annually. The patients are treated using the operated upon using the Shouldice Method, and on an average each patient has to spend four days in the hospital recuperating. The USP of the Shouldice Hospital is its distinct surgical procedure. The speedy ambulation coupled with its reasonable price rates leads to satisfied patients publicizing the hospital by word of mouth. The hospital is having a successful run as a niche player catering to the demand for treatment of hernia patients. In spite of this, there is a huge backlog that the hospital needs to meet. Because of an increasing backlog, patients tend to go to other doctors for operations. The issues that confront the hospital management can be primarily listed as follows:  ·Deciding on ways to meet the backlog of operations, by expanding the hospitals capacity, while still maintaining control over the overall quality of service delivered. The primary issue here is deciding on the manner in which the capacity should be increased without diluting the quality of service rendered.  ·The issue of piracy and bad mouthing due to piracy are also important concerns for the hospital. Many clinics or doctors claim to use the Shouldice technique or the Canadian method and in the eventuality of the operation performed by them being unsuccessful it brings a bad name to the  Shouldice Hospital.  ·The next chief surgeon after Dr.Obney, who is due to retire soon, has to be selected. At the same time, retaining the existing talent pool of doctors and attracting newer doctors willing to learn the specialized hernia operations skill is also a primary issue. Long Term and Short Term Objectives: Short term: -To clear the backlog by increasing capacity of the hospital services. -To select a successor for Dr. Obney, the chief surgeon who is to retire soon. Long term: -To sustain quality in their services, ensuring good patient experience. -To remain the leader in the medical field of hernia operations. -To maintain the brand equity associated with the specialized technique of Shouldice Method for performing hernia operations. -To ensure working towards goal of profitability while at the same time serving the society by passing on the proper knowledge of the Shouldice technique to other surgeons. Evaluation Criteria: -Whatever step is taken, it must ensure that there is no dilution in the quality of the services rendered by the hospital. -The action plan implemented must adhere to the government regulations regarding the profitability of hospitals. -The solution implemented must be economically viable. Hence any step taken must be cost effective. -There is an atmosphere of concern for the employees in the hospital. The decision with regard to the issues at hand must ensure that the employees are receptive in accepting that decision. -The existing strengths of the hospital setup must be leveraged in any decision taken. -Also because of the increasing wait lists of patients to be attended to, it must be ensured that the plans be implemented as swiftly as possible. Alternatives: 1.Capacity of the hospital could be expanded by scheduling operations on Saturdays also, leading to a 20% increase in existing capacity. 2.An additional floor of rooms could be added to the hospital, with an investment of $2 million and permission from the provincial government. This would expand the number of beds by 50% and result in scheduling the operation rooms more heavily. 3.Expansion into other geographical locations such as the United States could be undertaken. For having a quality level in the new facility equivalent to that as in the current Hospital facility at Canada, one option maybe to transfer 6 of the 12 specialized surgeons to the new facility. Also diversification into other related medical fields of surgery such as eye surgery, varicose veins, and hemorrhoids is possible. 4.Another alternative could be scheduling operations at other times during the day too, by utilizing the capacity of the operation theatres to the optimum level. This can be implemented by having doctors and other medical staff to work in shifts. 5.The successor to Dr. Obney as Chief Surgeon has to be selected. The selection of such a candidate should preferably be done among the existing doctors in the hospital. In case a specialized doctor from outside is appointed, proper induction to acquaint the existing surgeons must be carried out. 6.Currently the hospitals services are not being marketed. Plans to adequately market them in order to create awareness of the genuine Shouldice method of surgery should be undertaken. This would also aid in protecting against privacy to an extent. Evaluation of alternatives: 1.Increasing the capacity by scheduling Saturday operations is a swift and cost effective solution (See exhibit 2 and 3). No additional capital expenditures need to be incurred to carry out this plan. It does not violate any government regulations and at the same time also leverages the existing strength of the hospital in rendering high quality services to the patients. However, some employees seem to have some reservations about operations on Saturday. 2.This plan involves an additional capital expenditure of $ 2 million. While this would lead to an increase in capacity of the number of beds by 50%, but it would also require additional well qualified surgeons who will be able to carry on the quality tradition at the Shouldice Hospital. Also this solution would take some time to implement. 3.The plan of expanding the capacity by moving into another geographical segment such as the United States, involves extensive capital expenditure in setting up a new facility. Also by dividing half of the specialized staff into the two respective facilities, the quality levels may not remain same for the initial span of time. Since we are looking at the United States as an alternate the government regulations of Canada would not be applicable. This plan would be beneficial in meeting the demand in the US of A of the  42% American patients of the Shouldice Hospital. By diversifying into other medical fields of surgery, the low cost and high quality advantage, which the Shouldice Hospital currently enjoys, will be diluted. Currently the patients are made to become self sufficient soon after the operation. 4.By implementing the shift system, the existing strengths of the hospital will be leveraged. This is similar to the plan 1 in terms of the expenditure involved and the time frame being talked of. However, under the given case facts, the employees might resent this move of working in extra shifts during the day. 5.The selection of a successor to Dr. Obney is a step that must be taken soon, in conjunction with any of the above plans chosen. 6.Marketing the services of the hospital, though would lead to an increased awareness of the authenticity of the Shouldice method, while exposing the piracy in the method, but at the same time it will also lead to an increased number of patients wanting to come to the hospital. The backlog list would continue to increase. Recommended Solution: After analyzing all the alternatives I would propose a combination of plans 1 and 5 to be implemented. The operations should be scheduled on Saturdays also (see Exhibit 1). At the same time a successor to Dr. Obney must also be selected. This solution seems like the most feasible in terms of cost (see Exhibit 2 and 3) and time and also leverages the existing strength of the hospital in providing quality services to the patients. Plan of Action: To implement the solution discussed above, first of all, awareness must be created among all the employees about the urgent need for such a step to expand capacity. Workshops for the same will help dispel any fears in the minds of the existing staff. The selection of the new chief surgeon must be  done by carefully scrutinizing all the surgeons in the hospital as well as interviewing new candidates for the same. The administrative processes in the hospital must be made computerized to improve their efficiency. Proper training for using them must also be imparted to the employees. Contingency Plan: If it is not possible to increase capacity beyond a certain limit due to the above plan and the backlog list continues to expand, then plan 3 may be considered. This would need some capital expenditure but at the same time will help us expand our capacity into another geographical location, i.e., the USA. Information Adequacy Issues: There is insufficient amount of information given in the case about the internal dynamics of the hospital vis a vis the issue of the successor to Dr. Obney. Also no information is forthcoming about the market status of other hospitals, that is whether they are open on Saturdays or not. This bit of information is likely to hasten our decision making process.

Planning principles involved in developing a marketing strategy

Planning principles involved in developing a marketing strategy Yum! Brands Introduction Yum! Brands, Inc., based in Louisville, Ky., is the worlds largest restaurant company in terms of system restaurants with more than 37,000 restaurants in over 110 countries and territories and more than 1 million associates. Yum! is ranked #239 on the Fortune 500 List, with nearly $11 billion in revenue in 2009. Four of our restaurant brands KFC, Pizza Hut, Taco Bell and Long John Silvers are the global leaders of the chicken, pizza, and Mexican style food and quick-service seafood categories. The Yum! system including 3 operating segments which are: U.S. market, Yum! Restaurants International, and China Division. In 2009, the Yum! expanded more than 4 new restaurants each day of the year outside of US, making it a leader in international retail development. Results for 2009 once again affirmed Yum! consistent record of success with 13% Earnings Per Share (EPS) growth, which marks the eighth straight year we delivered at least 13% growth and exceeded our 10% EPS growth target. Within 2009, the company opened more than 1,400 new restaurants outside the U.S. Moreover, Yum! brand maintained their Return on Investment Capital (ROIC) of 20% and continued to be an industry leader. YUM! Products KFC KFC is the leader in the chicken segment in the Singapore Quick Service Restaurant (QSR) industry. This is possible because rooted to its cores are simple but real values that allow KFC to offer only the best its customers. Captivating aroma that triggers your senses. A satisfying feast of hearty, mouth watering food specially prepared with the Colonels secret recipe. Generous portions of fresh, succulent side dishes. Salads to balance your diet. At KFC, the restaurant offer high quality and great tasting food in a popular array of complete meals such as Daily Savers Meals, WOW! Meal s and Family Feast, that enable the whole family to share a fun and satisfying experience with all affordability and convenience of Quick Service Restaurant. Pizza Hut Pizza hut operates in 84 countries and territories throughout the world under the name Pizza Hut and features a variety of pizza with different topping as well as pasta, salads, sandwiches and other food items and beverages. The distinctive decor features a bright red roof. Pizza Hut has been named the number one national pizza chain in America according to Restaurant Institution 2001 Choice in Chains survey. Pizza Hut is the recognized leader of $ 25 billion pizza category and has been since 1987. Building the leading pizza company has required innovation, a commitment to quality, and a dedication to service and value. But perhaps as much as anything, it has taken the qualities of entrepreneurship, growth and leadership, which have characterized its business through more than four decades of success. Taco Bell Taco Bell is an American restaurant chain based in Irvine, California. It specializes in Mexican-style food and quick service. Taco Bell serves tacos, burritos, quesadillas, nachos, other specialty items and a variety of Value Menu item. Recently, Taco Bell serves more than 2 billion consumers each year in more than 5,800 restaurants in the U.S., of which more than 80% are owned and operated by independent franchisees. Long John Silvers Long John Silvers, Inc. is a United States-base fast-food restaurant that specializes in seafood. The name and concept were by Robert Louis Stevensons book Treasure Island. Its headquarters are in Louisville, Kentucky. A W Restaurant A W Restaurants, Inc. is a chain of fast-food restaurants, distinguished by its draft root beer and root beer floats. AW was arguably the first successful food franchise company, starting franchise in 1921. Today it has franchise locations throughout the world, serving a typical fast food menu of hamburgers and fries, as well as hot dogs. A number of its outlets are drive-in restaurants with carhops. The company name was taken from the last name initials of partners Roy Allen and Frank Wright. The chain is currently owned by Yum! Brands. Yum! Vision Strategy Yum! brands are committed to continuing the success realized during our first ten years. Our success has only just begun as we look forward to the future, one which promises a long runway for growth, especially on an international level. Yum! is building a vibrant global business by focusing on four key growth strategies. Build leading brands across china in every significant category Our experienced and tremendous local team led by our Vice Chairman of Yum! Brands and President of China, Sam Su, grew our profits a whopping 25% in 2009 on top of 28% in 2008. You dont need to be a math major (and Im not!) to easily calculate thats over 50% growth in two years. The good news is that we achieved these results even though our same store sales were slightly negative as the consumer generally lagged Chinas relatively strong economic growth. We added a record 509 new units in Mainland China and now have nearly 3,500 restaurants that generated near record restaurant margins of 20% in 2009. In spite of this robust profit growth, some investors have asked: Is Yum!s recent relatively weak same store sales performance in Mainland China an early indicator that something is wrong with the business or Yum! is growing too fast? We believe the answer is definitively NO! Drive aggressive international expansion and build strong brands everywhere. Yum! Restaurants International, which operates in over 110 countries and territories outside the US and China, continues to deliver on this strategy as it delivered 5% system sales and profit growth both excluding foreign currency translation which negatively impacted our reported profits by 11 percentage points in 2009. We treasure this divisions high return franchising model with over 90% of our new restaurants built by franchisees that generate over $650 million in franchise fees, requiring minimal capital on our part. Driven by this franchisee development machine, we opened nearly 900 new restaurants in over 75 countries. Thats the tenth straight year we have opened more than 700 new units and our pipeline remains strong as we go into 2010. Dramatically Improve U.S. Brand Positions, Consistency and Returns. Theres no question 2009 was a very disappointing year for our US business. Overall our same store sales declined 5% as we grew profits only 1%, led primarily by a restructuring initiative we took the prior year which yielded a $65 million decrease in our general and administrative expenses. Nevertheless, we remain confident were taking the right steps to deliver stronger brand positioning, higher returns and consistent growth performance to tap the inherent sales opportunity and ultimate value in our 18,000 restaurants. And the good news is we have the marketing strength to do so with category leading brands along with outstanding unit economics on a stand-alone basis. We also have a system that generates a steady earnings stream of over $700 million in franchise and licensing fees. As we go forward, our strategy is to better leverage our large US restaurant asset base and all our restaurants around the world with what we have coined incremental sales layers in these 5 areas: 1) More options for consumers across our menu. 2) More contemporary beverage options unique desserts. 3) Expanded day parts, especially breakfast. 4) Broader protein offerings. 5) Contemporary assets. Drive Industry-leading Long-term Shareholder and Franchisee Value Extremely proud and continue to be a leader among consumer companies with return on invested capital at 20%. The companies defined a global cash machine, with each of our divisions generating free cash flow or effectively funding their own capital investments. As this capital is deployed to high growth opportunities. Planning principles Marketing planning is the process that leads to the creation of a marketing plan. The marketing plan is a systematic design for achieving the objectives of creating value for customers and competitive advantage, growth, and profitability for the organization. Steps of the planning principle can be described as following: Strategy Before Tactics Develop the strategic marketing plan first. This entails emphasis on scanning the external environment, identifying early forces emanating from it, and developing appropriate strategic responses. Involve all levels of management in the process. A strategic plan covers a period of three to five years. Only when this plan has been developed and agreed upon is a one-year operational marketing plan developed. Never write the one-plan first and extrapolate it. Situate Marketing Within Operations For the purpose of marketing planning, put marketing a close as possible to the customer. When practical, have both marketing and sales report to the same person, who is not the chief executive officer. Shared Values About Marketing Marketing is a management process whereby the resources of the entire organization are use to satisfy the needs of selected customer groups to achieve the objectives of both parties. Marketing is an attitude of mind rather than a series of functional activities. Structure Around Markets Organize company activities around customer group if possible rather than around functional activities, and conduct marketing planning done in these strategic business units. Without excellent marketing planning in strategic business units, corporate marketing planning is of limited value. Scan The Environment Thoroughly The following are requirements for an effective marketing audit: Checklists of questions customized according to level in the organization are prepared. The checklists form the basis of the organizations Marketing Information System (MIS). The marketing audit is required activity. Managers a not allowed to hide behind vague term, such as poor economic conditions. Managers are encouraged to incorporate the tools of marketing in their audits, such as product life cycles and portfolios. Summarize Information In SWOT Analyses Information is the foundation on which a marketing plan is built. From information (internal and external) comes intelligence. A SWOT analysis does the following: Focuses on each specific segment of crucial importance to the organizations future Is a summary emanating from the marketing audit. Is brief, interesting, and concise. Focuses on key factors only. Lists key external opportunities and threats only. Identifies the real issues, is not a list of unrelated points. Is clear enough for reader to grasp instantly the main thrust of the business, even to the point of being able to write marketing objectives. Answers the implied question which mean that..? to get the real implications. Does not leave out important fact, questions, and issues. Skills and Knowledge Ensure that all those responsible for marketing have necessary marketing knowledge and skills for the job. In particular, ensure that they understand and know how to sue the tools of marketing, such as the following: Information and scanning. Positioning. Market segmentation. Targeting. Product life cycle analysis. Portfolio management. Gap analysis. Boston Consulting Group matrix. Directional policy matrix. Four Ps of management-product, price, place, promotion. Marketing personnel also need communication and interpersonal skills. Systematize The Process It is essential to have a set of written procedures and a well-argues common format for marketing planning. The purposes of such a system are as follows: To ensure that all key issues are systematically considered To pull together the essential elements of the strategic plan in a consistent manner In a multi business enterprise, to help corporate management to compare diverse businesses and to understand the overall condition of and prospects for the organization. Sequence Objectives Ensure that all objectives are prioritized according to their impact on the organization and their urgency and that resource are allocated accordingly Style and Culture Marketing planning is not effective without the active support and participation of top management. But even with this support, the type of marketing planning has to be appropriate for phase of the organizational lifeline. This phase is measured before an attempt is made to introduce marketing planning. Accurately describe and critically evaluate a range of tools and techniques use to produce a strategic marketing plan Marketing Audit Marketing audit can be easily identified as an essential part of an efficient marketing planning process. It is a very important process that is not only carried out at the begging but also at regular intervals during the actual marketing planning process. A marketing audit has a lot of influence upon the marketing planning process through the various external and internal factors. There are a number of tools and techniques that are used during a marketing audit. Some of the tools are: SWOT Analysis: One of the most important tools of marketing audit is the SWOT or Strengths, Weakness, Opportunities and Threats analysis. This tool is of a lot of help to the marketers and is used at the beginning of the marketing audit process. The SWOT analysis comes along with a lot of advantages but it has some drawbacks as well. Some of the drawbacks of SWOT analysis are that it is very subjective and cannot be relied upon too much. Thus, it has always been recommended that the SWOT analysis be used as a guide in the marketing planning process and not as a prescription to the various problems. PEST Analysis: This is the analysis of the various factors that have an effect upon the marketing process. The organization undergoing a marketing analysis should be taking into consideration all the environmental factors and give it a thorough analysis. These environmental factors may be internal or external. The internal factors compromise of the staff and queries related to them. The external would be the external customers and the various distributors connected to the concern and the political and economic factors are also taken into consideration. Porter Five Force Analysis: This is an analysis that enables the marketer to have a clear picture of the competition outside in the market. This type of analysis has some similarities with the PEST analysis and is different in the sense that it focuses its attention upon a single business or a single concern. In this analysis the marketer basically goes through five basic areas of concern. These areas can be classified as the areas of treat of entry, the suppliers power the power of the buyers and also the threats revealed by the competitors and the rivals. Some of the advantages associated with this analysis are that it leads to economies of large scale with the help of mass purchase and sales. The various distribution channels can also be easily accessed and also finds out if the cost of switching over to some other supplier is low or not. Yum! Brands, Inc. SWOT Analysis The Yum! Brands, Inc. SWOT Analysis examines the companys key business structure and operations, history and products, and provides summary analysis of its key revenue lines and strategy. Strengths The Companys continuous expansion into Asia and other regions. Well-developed restaurant brands and exceptionally efficient and ever-improving restaurant operations. The idea of multi-branding which causes one establishment to appeal to varying customers. Strong advertising campaigns. Constant updating of menus and specials to appeal to current trends and fads. Weaknesses Some brands (concepts) may weigh down profits of top performing ones. Sensitivity to market fluctuations. Opportunities International expansion and growth. In domestic markets, turning one-brand units into multi-brand units to appeal to more customers, which will cut into competitors revenues. Improvement of operations. Threats The highly competitive nature of the restaurant industry. Entry of competitors into foreign markets first. Menu appeal. Yum! Brands (Yum Brands) operates franchises and licenses a chain of restaurant brands including Kentucky Fried Chicken (KFC), Pizza Hut, Taco Bell, Long John Silvers (LJS) and All America Food (AW). The company operates in over 110 countries around the globe. It is headquartered in Louisville, Kentucky and employs about 336,000 people. The company recorded revenues of $11,279 million during fiscal year ending December 2008 (FY2008), an increase of 8.3% over FY2007. The operating profit of the company was $1,506 million during FY2008, an increase of 11% over FY2007. The net profit was $964 million in FY2008, an increase of 6.1% over FY2007. Task 2 Examine A Range of Marketing Strategy Options Explain with clarity a range of marketing strategy options available and evaluate their benefits and limitations, using supporting examples. 4.1. The Porter Generic Strategy Model If the primary determinant of a firms profitability is the attractiveness of the industry in which it operates, an important secondary determinant is its position within that industry. Even though an industry may have below-average profitability, a firm that is optimally positioned can generate superior returns. A firm positions itself by leveraging its strengths. Michael Porter has argued that a firms strengths ultimately fall into one of two headings: cost advantage and differentiation. By applying these strengths in either a broad or narrow scope, three generic strategies result: cost leadership, differentiation, and focus. These strategies are applied at the business unit level. They are called generic strategies because they are not firm or industry dependent. The following table illustrates Porters generic strategies: Target Scope Advantage Low Cost Product Uniqueness Broad (Industry Wide) Cost Leadership Strategy Differentiation Strategy Narrow (Market Segment) Focus Strategy (low cost) Focus Strategy (differentiation) Cost Leadership Strategy This generic strategy calls for being the low cost producer in an industry for a given level of quality. The firm sells its products either at average industry prices to earn a profit higher than that of rivals, or below the average industry prices to gain market share. In the event of a price war, the firm can maintain some profitability while the competition suffers losses. Even without a price war, as the industry matures and prices decline, the firms that can produce more cheaply will remain profitable for a longer period of time. The cost leadership strategy usually targets a broad market. Some of the ways that firms acquire cost advantages are by improving process efficiencies, gaining unique access to a large source of lower cost materials, making optimal outsourcing and vertical integration decisions, or avoiding some costs altogether. If competing firms are unable to lower their costs by a similar amount, the firm may be able to sustain a competitive advantage based on cost leadership. Firms that succeed in cost leadership often have the following internal strengths: Access to the capital required making a significant investment in production assets; this investment represents a barrier to entry that many firms may not overcome. Skill in designing products for efficient manufacturing, for example, having a small component count to shorten the assembly process. High level of expertise in manufacturing process engineering. Efficient distribution channels. Each generic strategy has its risks, including the low-cost strategy. For example, other firms may be able to lower their costs as well. As technology improves, the competition may be able to leapfrog the production capabilities, thus eliminating the competitive advantage. Additionally, several firms following a focus strategy and targeting various narrow markets may be able to achieve an even lower cost within their segments and as a group gain significant market share. Differentiation Strategy A differentiation strategy calls for the development of a product or service that offers unique attributes that are valued by customers and that customers perceive to be better than or different from the products of the competition. The value added by the uniqueness of the product may allow the firm to charge a premium price for it. The firm hopes that the higher price will more than cover the extra costs incurred in offering the unique product. Because of the products unique attributes, if suppliers increase their prices the firm may be able to pass along the costs to its customers who cannot find substitute products easily. Firms that succeed in a differentiation strategy often have the following internal strengths: Access to leading scientific research. Highly skilled and creative product development team. Strong sales team with the ability to successfully communicate the perceived strengths of the product. Corporate reputation for quality and innovation. The risks associated with a differentiation strategy include imitation by competitors and changes in customer tastes. Additionally, various firms pursuing focus strategies may be able to achieve even greater differentiation in their market segments. Focus Strategy The focus strategy concentrates on a narrow segment and within that segment attempts to achieve either a cost advantage or differentiation. The premise is that the needs of the group can be better serviced by focusing entirely on it. A firm using a focus strategy often enjoys a high degree of customer loyalty, and this entrenched loyalty discourages other firms from competing directly. Because of their narrow market focus, firms pursuing a focus strategy have lower volumes and therefore less bargaining power with their suppliers. However, firms pursuing a differentiation-focused strategy may be able to pass higher costs on to customers since close substitute products do not exist. Firms that succeed in a focus strategy are able to tailor a broad range of product development strengths to a relatively narrow market segment that they know very well. Some risks of focus strategies include imitation and changes in the target segments. Furthermore, it may be fairly easy for a broad-market cost leader to adapt its product in order to compete directly. Finally, other focusers may be able to carve out sub-segments that they can serve even better. A Combination of Generic Strategies Stuck in the Middle? These generic strategies are not necessarily compatible with one another. If a firm attempts to achieve an advantage on all fronts, in this attempt it may achieve no advantage at all. For example, if a firm differentiates itself by supplying very high quality products, it risks undermining that quality if it seeks to become a cost leader. Even if the quality did not suffer, the firm would risk projecting a confusing image. For this reason, Michael Porter argued that to be successful over the long-term, a firm must select only one of these three generic strategies. Otherwise, with more than one single generic strategy the firm will be stuck in the middle and will not achieve a competitive advantage. Porter argued that firms that are able to succeed at multiple strategies often do so by creating separate business units for each strategy. By separating the strategies into different units having different policies and even different cultures, a corporation is less likely to become stuck in the middle. However, there exists a viewpoint that a single generic strategy is not always best because within the same product customers often seek multi-dimensional satisfactions such as a combination of quality, style, convenience, and price. There have been cases in which high quality producers faithfully followed a single strategy and then suffered greatly when another firm entered the market with a lower-quality product that better met the overall needs of the customers. Generic Strategies and Industry Forces These generic strategies each have attributes that can serve to defend against competitive forces. The following table compares some characteristics of the generic strategies in the context of the Porters five forces. Generic Strategies and Industry Forces Industry Force Generic Strategies Cost Leadership Differentiation Focus Entry Barriers Ability to cut price in retaliation deters potential entrants. Customer loyalty can discourage potential entrants. Focusing develops core competencies that can act as an entry barrier. Buyer Power Ability to offer lower price to powerful buyers. Large buyers have less power to negotiate because of few close alternatives. Large buyers have less power to negotiate because of few alternatives. Supplier Power Better insulated from powerful suppliers. Better able to pass on supplier price increases to customers. Suppliers have power because of low volumes, but a differentiation-focused firm is better able to pass on supplier price increases. Threat of Substitutes Can use low price to defend against substitutes. Customers become attached to differentiating attributes, reducing threat of substitutes. Specialized products core competency protect against substitutes. Rivalry Better able to compete on price. Brand loyalty to keep customers from rivals. Rivals cannot meet differentiation-focused customer needs. Sources: Task 3 Explore the implications of changes in the marketing environment of organizations Assess the current changes in the marketing environment for an organization Changing Marketing Environment Professional marketing has become more important as advanced countries have shifted from a supply to a demand environment. For most of history the world has been characterised by insufficient supply: not enough food and material goods to meet human requirements. The key priority in the past has been improving production, purchasing and finance of trade. Today this has all changed. Now, the advanced countries are characterised by excessive supply. The central problem is attracting demand, not meeting it. Faced with an array of alternatives, the customer is spoiled for choice. The priority in management is how to identify and develop goods and services that are more attractive to customers than those of competitors. As the market environment changes, managers have to adapt their strategies and organization. Unless these changes are made obsolete by changes in customer wants, new technologies and new competitors that have adapted more effectively. Fashionisation: In the past fashion was identified with womens clothing. But today more and more markets watches, motorcycles, beer, cars, pharmaceuticals, cinema music, electronics goods, even management courses are characterised by annual model changes, rapid obsolescence and an unpredictable and fickle demand. Companies that cannot handle novelty, rapid model replacement, fashion and style see their market shares slipping and their profit margins. Without novelty and continual feature enhancement, the company will see its prices and market share relentlessly chiselled away. The original iPod was launched in 2001 and updated twice within the next year. By mid -2005 the range had grown to four basic models all targeted at different uses and users and positioned as the music fashion accessory. Micro-markets: The old textbooks to postulate that a company could between a differentiated and an undifferentiated strategy. An undifferentiated strategy is where a company makes a single product for the whole market. The usual example was Coca-Cola, which, it was said, offered one product, in one bottle size, at one price and with one advertising message to all customers, everywhere in the world. No longer. Even Coca-Cola is today offered in an increasing and bewildering variety of forms-new Coke, classic and cherry, with or without caffeine, diet Coke, in cans or in numerous bottle sizes, all advertised in various style and formats. Todays customers expect the manufacture to customise the product and service to their specific needs. Technology has made this variety expansion economically viable for companies. New flexible systems, such as computer-aided design and manufacturing and customised software, permit ever-finer market segmentation and product range expansion. Finally, the new communications technology makes it possible to deliver individual messages. Rising expectation: Changing environment Marketing strategy Organization for marketing Fashionisation Speed Breaking Hierarchies Micro-Markets Customisation Small Business Units Rising Expectations Quality Selt-Managing Teams Technology Information Networks Re-Engineering Competition Core Competences Strategic Alliances Globalisation Think Global Transnational Organisation Service Software Augmentation Learning Organisation Commoditisation Partnerships Account Management Erosion Of Brands Innovation Expeditionary Marketing New Constraints Stakeholders Role of the Broad The changing marketing environment and its implication 3.2: Analyse how an organization could respond to the changes Changing Organization for Marketing: The rapidly changing business environment makes existing products and marketing strategic obsolete. Companies have to become faster, more flexible, more innovative and capable of forging new partnerships with customer and suppliers. To put in place such strategies, however, requires sweeping organizational changes. Yesterdays giant organizations such as Marks Spencer, General Motors, ICI, Midland Bank, Sears an

Urinary Excretion and Paracetamol

Urinary Excretion and Paracetamol Investigateurinary excretion of paracetamol in man. Paracetamol, known as acetaminophen in the USA, is one of the most commonly used analgesic and antipyretic drugs available over-the-counter. Its common name derives from the full chemical name: para-acetyl-amino-phenol, with the chemical formula C8H9NO2 and amolecular weight of 151.17. Paracetamol does not have anysignificant anti-inflammatory action and therefore cannot be accuratelydescribed as a non-steroidal anti-inflammatory drug (NSAID), as was oncethought. Its mechanism of action is still poorly understood but some studieshave suggested that it inhibits a variant of the cyclo-oxygenase enzyme COX-1, which has been designated COX-3 (Swierkosz et al. 2002). Paracetamol actsmainly in the central nervous system and endothelial cells, rather than inplatelets and immune cells. Boutaud and colleagues (2002) hypothesised thatthis may be explained by the high levels of peroxides found in the latter cell types, which inhibit the action of paracetamol. There has been some debate on thesubject, with other researchers proposing an inhibitory action against COX-2(Graham Scott 2005). Further research is required to fully elucidate the mechanism of action at the molecular level. Metabolism and excretion Following oral administration and absorption from the gastrointestinal tract, paracetamol enters the blood and is distributed throughout the body. It is metabolised by enzymes in the hepatocytes of the liver and the majority is converted to inactive metabolites by conjugation with sulphate or glucuronide. This is then filtered out of theblood by the kidneys and into the urine, via active renal tubular secretion. Asmall portion of paracetamol remains unaltered and passes into the urine viaglomerular filtration and passive absorption (Morris Levy 1984). Thereis also a small proportion of the paracetamol that is metabolised by the thecytochrome P450 system, which results in the formation of cysteine or glutathioneconjugates and mercapturic acid conjugates (figure 2). These products ofoxidative metabolism are also excreted renally (Andrews et al. 1976). Paracetamol has a low therapeuticindex, so the therapeutic dose is very close to the toxic dose. Toxicity canoccur following a single large dose (>10g) or with chronic lower doses(4-5g/d) and is usually seen as hepatotoxicity, which can result in deathwithin several days (Wikipedia). Toxicity occurs when the enzymesresponsible for catalysing sulphate and glucuronide conjugation becomesaturated, forcing metabolism to be increasingly dependent upon the cytochromeP450 system. This results in formation of a toxic metabolite,N-acetyl-p-benzo-quinone imine (NAPQI), which is normally mopped up by bindingto the sulphydryl group of glutathione to form inactive conjugates andmercapturic acid. Toxicity occurs when the glutathione supply becomes exhaustedand NAPQI binds indiscriminately to molecules within the cell, such asmembranes, to cause cell damage and death, seen as acute hepatic necrosis. 1)Major pathway for normal metabolism 2)Minor pathway via cytochrome P450 system produces toxic metabolite (NAPQI),shown in red. Normally this is detoxified by binding to glutathione. 3) Toxicity occurs when pathways 1 and 2 are overloadedand NAPQI binds to molecules of the cell, causing damage. Modifiedfrom Rang et al. 1995. Aim of experiment The aim of this experiment is toinvestigate the renal excretion of paracetamol, by measuring the levels ofparacetamol metabolites in human urine over 6 hours following an oral dose of500mg. The total excretion will be assessed using the spectrophotometricmethod. From this data the elimination rate constant (KE) and thehalf-life (T1/2) will be calculated. Qualitative analysis of thevarious metabolites will be conducted using appropriate chemical identificationtechniques. METHOD A standard stock solution ofparacetamol was prepared at 1mg/cm3 and dilutions were made to givea range of known concentrations. 1 cm3 of the paracetamol solutionwas added to 1 cm3 blank urine and 4 cm3 4M HCl, andmixed thoroughly. A blank duplicate was also prepared, using water instead ofurine. After an hour in a boiling water bath the tubes were cooled and wateradded, up to 10 cm3. 1 cm3 of this hydrolysed urinesolution was added to 10 cm3  of colour forming solution, mixed and allowed to stand for40 minutes. The absorbance of each solution was measured, using thespectrophotometer, zeroing the instrument using the drug free urine sample inbetween solutions. This produced the readings for the calibration curve. Thecollected timed urine samples were then processed in the same way, adding 1 cm3water instead of paracetamol solution. RESULTS AND DISCUSSION Known concentrations of paracetamolunderwent spectrophotometry to measure the absorbance at 620nm. These resultswere used to produce a calibration curve (figure 3). The timed urine sampleswere then analysed following the same protocol and the absorbance at 620nm wasused, in conjunction with the calibration curve to ascertain the concentrationof paracetamol in the urine. Unfortunately, half of the samples producedabsorbances outside the range of the calibration curve. Because this curve isnon-linear, extrapolation and dilution cannot be used to accurately deduce theconcentration of paracetamol in the urine. For the purposes of this report theconcentration for these samples has been declared as greater than 800ug/cm3.This is not very satisfactory and further experiments must be done to extendthe range of the calibration curve to the maximum absorbancy of the timedsamples. The values of KE and T1/2 have been calculatedto demonstrate the procedure, but are inaccurate and will need revisi ng onceaccurate concentrations have been established form the calibration curve. Table 1: Timed urine sample Mean absorbance 620nm Conc. ug/cm3 Vol. Urine (ml) Total drug (ug of paracetamol) Excretion rate mg/h 0 0 0 0 0 0 1 hour 0.256 192 245 47040 47 2 hours 1.918 >800 50 40000 40 3 hours 1.769 >800 38 30400 30.4 4 hours 1.028 >800 55 44000 44 5 hours 0.349 246 135 33210 33.2 6 hours 0.255 192 160 30720 30.7 Table 1 contains the absorbanceresults of the timed urine samples and the deduced concentration of paracetamolin the urine, as well as the hourly excretion rate. The total amount ofparacetamol excreted over the 6 hour period was 225.3mg, which is 45% of theorally administered dose. Due to problems discussed above, this is anunderestimate of the true percentage of dose excreted renally, which has beenfound to be 55-70% by other studies (Steventon et al. 1996). When log of the excretion rate(equivalent to total drug excreted per hour) is plotted against time, a linearplot should be achieved, from which KE can be estimated. The slope of this straight lineequates to : KE /2.303, which gives a value for KE of0.094. Using the formula: T1/2 =0.692/ KE , the valueof T1/2 = 7.36 hours. This states that it takes the body7.36 hours to excrete half of the drug administered. This is longer than the1-4 hours usually quoted for paracetamol (Rang et al. 1995), and is notsurprising given the underestimation of the paracetamol urine concentration.With proper calibration, this would be expected to decrease to nearer thepreviously found results. There were no results for thequalitative studies for metabolite composition, but it would be expected thatsulphate and glucuronide conjugates would constitute the majority of the sample,with a smaller quantity of unchanged paracetamol, cysteine/glutathione andmercapturic acid metabolites. These results only represent oneindividual on one day and replications of this experiment are crucial.Nutritional status, recent alcohol consumption, ethnic background, concurrentdrug usage and illness must all be taken into account as factors that mayaffect paracetamol metabolism and excretion (Riordan Williams 2002, Patel Tang 1992). Further analysis of paracetamolexcretion .  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Hepatotoxicity and drug interactions Table 2 shows how concurrent use of phenobarbital, ananti-epileptic drug, can increase the severity of liver damage caused byparacetamol administration and its subsequent metabolism. Table 2: Effect of Phenobarbital onparacetamol induced hepatotoxicity TreatmentDose of Paracetamol (mg/kg) Severity of liver necrosis None 375 1-2+ Phenobarbital 375 2-4+_________ This occurs due to metabolism ofphenobarbital by enzymes of the P450 cytochrome system, which results inupregulation of their production. As explained in the introduction (see fig.2), P450 enzymes also metabolise paracetamol, to form the toxic metaboliteNAPQI. This is normally a minor pathway but as the amount of P450 enzymesavailable increases, the activity of this pathway also increases. This resultsin a larger than normal amount of NAPQI, which is mopped up and inactivated byglutathione. Glutathione supplies will eventually run out, which occurs soonerif the person is malnourished. When this happens the toxic metabolite binds tocell components, causing necrosis. To prevent this occurring, such as in casesof overdose, N-acetylcysteine can be given (Routledge et al. 1998), which isrequired for glutathione synthesis and helps to boost it. This allows agreater amount of the toxic metabolite to be mopped up and reduces cell damage. .  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Paracetamol metabolism following hepatotoxicity Table 3: Plasmaparacetamol concentrations(ug/cm3) Patients Plasma paracetamol 4 hrs after 12hrsafter Half life (h) ingestion ingestion _______________________________________________________________ noliver damage (18) 2.9 +/= 0.3 163 +/=20 29.5 +/=6 liverdamage (23) 7.2+/= 0.7 296 +/= 26 124 +/=22___ Table 3 shows that, in a study, theability of patients with liver damage to eliminate paracetamol from the bloodis much decreased, compared to healthy people. This is seen by the prolongedhalf-life and the high levels of paracetamol in the plasma. The plasma leveldoes come down by 12 hrs, which indicates that there is enough functional liverreserve to metabolise some of the drug, but the level is still very high. Toascertain whether it is just conjugation that is affected, or whether all thepathways are affected equally it would be necessary to quantify the levels ofdifferent metabolites in the blood and urine. As conjugation is responsiblefor the majority of metabolism, damage to all systems will still show up asaffecting conjugation the most. In theory reduced clearance of asubstance is useful for monitoring the severity of liver damage, but in thecase of paracetamol it would be unwise as it could potentiate the hepatotoxiceffects and worsen the liver condition. It is also unnecessary as there arealready a number of reliable blood tests for liver function and damage. REFERENCES Andrews, R. S., Bond, C. C., Burnett, J., Saunders, A. Watson, K. 1976 Isolation and identification of paracetamol metabolites. J Int Med Res 4,34-9. Boutaud, O., Aronoff, D. M., Richardson, J. H., Marnett, L. J. Oates, J. A. 2002 Determinants of the cellular specificity of acetaminophen as an inhibitor of prostaglandin H(2) synthases. Proc Natl Acad Sci U S A 99,7130-5. Graham, G. G. Scott, K. F. 2005 Mechanism of action of paracetamol. Am J Ther 12, 46-55. Morris, M. E. Levy, G. 1984 Renal clearance and serum protein binding of acetaminophen and its major conjugates in humans. J Pharm Sci 73, 1038-41. Patel, M., Tang, B. K. Kalow, W. 1992 Variability of acetaminophen metabolism in Caucasians and Orientals. Pharmacogenetics 2, 38-45. Rang, H. P., Dale, M.M., Ritter, J.M. 1995 Pharmacology: Churchill Livingstone. Riordan, S. M. Williams, R. 2002 Alcohol exposure and paracetamol-induced hepatotoxicity. Addict Biol 7, 191-206. Routledge, P., Vale, J. A., Bateman, D. N., Johnston, G. D., Jones, A., Judd, A., Thomas, S., Volans, G., Prescott, L. F. Proudfoot, A. 1998 Paracetamol (acetaminophen) poisoning. No need to change current guidelines to accident departments. Bmj 317, 1609-10. Steventon, G. B., Mitchell, S. C. Waring, R. H. 1996 Human metabolism of paracetamol (acetaminophen) at different dose levels. Drug Metabol Drug Interact 13, 111-7. Swierkosz, T. A., Jordan, L., McBride, M., McGough, K., Devlin, J. Botting, R. M. 2002 Actions of paracetamol on cyclooxygenases in tissue and cell homogenates of mouse and rabbit. Med Sci Monit 8, BR496-503. http://en.wikipedia.org/wiki/Paracetamol.

The Insanity Defense :: A Crime Of Insanity

When someone commits a crime, he or she may use mental illness as a defense. This is called an insanity plea or insanity defense. What the insanity defense does is try to give the alleged perpetrator a fair trial. At least in extreme cases, society agrees with this principle. The problem is where do we draw the line. Under what circumstances is a person considered insane, and when are they not? The trouble with the insanity defense in recent years is the assumption that virtually all criminals have some sort of mental problem. One important point is that the crime itself, no matter how appalling, does not demonstrate insanity. Today, the insanity defense has become a major issue within the legal system. If the defendant is clearly out of touch with reality, the police and district attorney ordinarily agree to bypass the trial and let the defendant enter a mental hospital. On the other hand, if the defendant has no serious signs of mental illness, the defense attorneys will not attempt an insanity defense. This is because they know that juries are reluctant to accept it. Basically, the only way for a lawyer to prove his client’s insanity is to try to project what his client was thinking (or not thinking) at the time that the crime was committed. This is usually done by enlisting the testimonies of a psychologists or psychiatrists, who are known as â€Å"expert witnesses.† Both legal and mental health professionals have long struggled to establish a clear and acceptable definition of insanity. Insanity is a legal term, not a psychological or medical one. The Sarasons prefer to use the term â€Å"maladaptive behavior† instead of insane or insanity. Maladaptive behavior is, â€Å"behavior that deals inadequately with a situation, especially one that is stressful† (5). Adaptation is the way people balance what they do and want to do, and what the environment/community requires of them. Successful adaptation depends on a person’s stress (situations that impose demands on him or her), vulnerability (likelihood of a maladaptive response), and coping skills (techniques that help him or her deal with difficulties/stress) (5). Consider the recent school shootings as an example. Students who are teased and bullied are experiencing stress. Some students have low vulnerability and choose to talk about the situation with a parent or teacher, which is a good coping strategy.

The Use of Religion in Paintings during the Counter-Reformation :: Religious Art Artwork Catholic

Symbolism: The Way to Get Your Point Across â€Å"Baroque: Dominant style in western European art and architecture from late 16thC [entury] to mid- 18thC [entury]. Started in Rome, with the reassertion of Roman Catholicism in the Counter-Reformation. and then spread to northern Italy and other parts of Europe† as defined by a website containing nothing but art terms, is the time period that I chose to analyze how religion was used through paintings as ammunition for the Counter-Reformation. The Counter Reformation was a movement within the Catholic Church to reform itself in the midst of the Protestant Reformation. I am in awe at how we can look at something for just a short period of time and, in most cases, we can understand what is going on, or something hits us telling us what is meant to be seen or interpreted in a certain scenario. This process is called â€Å"thin-slicing†, as Malcolm Gladwell coined a phrase in his book Blink. In a very dark and some-what eerie painting—with the only form of light in the middle—that depicts a battle that has just been fought, the first thing that comes to mind is the thought of war and death. This painting can be found in the Lowe Art Museum at the University of Miami in the Renaissance and Baroque section. It is un-named and was painted by Giovanni Andrea Donducci, who was commonly known as Mastelleta, somewhere between 1611 and 1612. The historical time periods that do incorporate these two concepts prior to 1611 are endless. The fact that there is, what seems to be, a knight in the middle of the painting pointing to a city that is illuminated wearing plate and armor, it is deduced that this could be the Crusades. Upon further research, I have come to the conclusion that this image is most likely depicting the Crusades; due to the illuminated city, and the red flags, uniforms, and ornate pole arms, since the main colors were red and white. The Crusades were a series of wars in the name of God and Christendom, fought between Christians and Muslims, to claim the Kingdom of Heaven, also known as Jerusalem. The main symbol that is drawn out of these wars is God and Christ. The city that is illuminated in this painting could be Jerusalem and the people on mountain pointing towards the city could be the Christians fighting to reach the city and try to conquer it.

Fraud Invalidates a Contract

Week Four Assignment By: Kelly Sciberras November 25, 2012 DeVry University Business Law – BUSN420 ? Week Four Assignment As our textbook explains fraud invalidates a contract. â€Å"The presence of fraud affects the authenticity of the innocent party’s consent to a contract. When an innocent party is fraudulently induced to enter into a contract, the contract usually can be avoided because she or he has not voluntarily consented to the terms. Normally, the innocent party can either cancel the contract and be restored to her or his original position or enforce the contract and seek damages for harms resulting from the fraud (Miller 281). Generally, fraudulent misrepresentation refers only to misrepresentation that is consciously false and is intended to mislead another. Typically, fraud involves three elements; a misrepresentation of a material fact must occur, secondly there must be intent to deceive, and lastly the innocent party must justifiably rely on the misrepre sentation. To collect damages, a party must have been harmed as a result of the misrepresentation. Fraudulent misrepresentation can also occur in the online environment.Undue Influence and Duress Undue influence arises from relationships in which one party can greatly influence another party, thus overcoming that party’s free will. A contract entered into under excessive or undue influence lacks voluntary consent and is therefore voidable. The essential feature of undue influence is that the party being taken advantage of does not, in reality, exercise free will in entering into a contract. It is not enough that a person is elderly or suffers from some mental or physical impairment.There must be clear and convincing evidence that the person did not act out of her or his free will Miller explains. Forcing a party to enter into a contract because of the fear created by threats is referred to as duress. In addition, blackmail or extortion to induce consent to a contract constitu tes duress. Generally, for duress to occur, the threatened act must be wrongful or illegal. Threatening to exercise a legal right, such as the right to sue someone, ordinarily is not illegal and usually does not constitute duress.Duress is both a defense to the enforcement of a contract and a ground for rescission of a contract. Therefore, a party who signs a contract under duress can choose to carry out the contract or to avoid the entire transaction. (The wronged party usually has this choice in cases in which consent is not voluntary. ) Economic need generally is not sufficient to constitute duress, even when one party exacts a very high price for an item the other party needs. If the party exacting the price also creates the need, however, economic duress may be found (Miller 286-287).Examples of undue influence and duress can been seen in various types of relationships in which one party may dominate another party, thus unfairly influencing him or her. Minors and elderly people , for example, are often under the influence of guardians. If a guardian induces a young or elderly ward to enter into a contract that benefits the guardian, the guardian may have exerted undue influence. Undue influence can arise from a number of confidential or fiduciary relationships, including attorney-client, physician-patient, guardian-ward, parent-child, husband-wife, and trustee-beneficiary (Miller 286).Damages and Equitable Remedies There are basically four broad categories of damages; compensatory damages which are intended to cover direct losses and costs, consequential damages which cover indirect and foreseeable losses, punitive damages are supposed to punish and deter wrongdoing, and nominal damages which recognize wrongdoing when no monetary loss is shown (Miller 323). Our textbook discusses how there are times when damages are an inadequate remedy for a breach of contract.In these situations, the non-breaching party may ask the court for an equitable remedy. Equitabl e remedies include rescission and restitution, specific performance, and reformation. Restitution is an equitable remedy under which a person is restored to his or her original position prior to loss or injury, or placed in the position he or she would have been in had the breach not occurred. Specific Performance is an equitable remedy requiring exactly the performance that was specified in a contract; usually granted only when monetary damages would be an inadequate emedy and the subject matter of the contract is unique (for example, real property). Reformation is an equitable remedy used when the parties have imperfectly expressed their agreement in writing. Reformation allows a court to rewrite the contract to reflect the parties’ true intentions. Courts order reformation most often when fraud or mutual mistake is present. ? References Miller, Jentz. Business Law Today: Comprehensive, 9th Edition. South Western Educational Publishing, 01/2011. .