Negligence: Duty of Care and Buick Motor Co.

Negligence, duty and Breach of Duty. To constitute a legal action against some one’s negligence, several requirements to be fulfilled. First one is that there must exist some duty of care towards the plaintiff by the defendant. The second one is that the defendant should breach such duty of care imposed on him. The third one is that the negligence done by the defendant should be the cause of the harm resulted to the plaintiff. The fourth one is that the harm should have some monetary value. In Haynes V Harwood (1935) 1 KB 146 at 152, Judge Greer L.J, pointed out these requirements in his judgement stating that â€Å" Negligence in the air will not do: negligence, in order to give a cause of action, must be the neglect of some duty owed to the person who makes the claim†. The simple meaning is that if one done negligence actions, in a place, which is untouched by other people, in such a place, there would not arise a duty of care toward others. Therefore the question of the breach of such duty of care would also not arise. In such a situation a legal action on negligence can not be instituted.To understand above elements pertaining to negligence in law of tort, we shall discuss them in detail. Duty of Care In  tort law, a  duty of care  is a  legal  obligation  imposed on an individual requiring that they adhere to a standard  of  reasonable  care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in  negligence. The claimant must  be able to show  a duty of care imposed by law which the defendant has breached.The duty of care may be imposed  by  operation of law  between individuals with no  current  direct relationship (familial or contractual or otherwise), but eventually become related in some manner. At common law, duties were formerly limited to those with whom one was in  privity  one way or another, as exemplified by c ases like  Winterbottom v. Wright  (1842). In the early 20th century, judges began to recognize that enforcing the privity requirement against hapless consumers had harsh results in many  product liability  cases.The idea of a general duty of care that runs to all who could be foreseeably affected by one's conduct (accompanied by the demolishing of the privity barrier) first appeared in the landmark U. S. case of  MacPherson v. Buick Motor Co. (1916) and was imported into UK law by another landmark case,  Donoghue v Stevenson  [1932]. MacPherson v. Buick Motor Co. , 217 N. Y. 382, 111 N. E. 1050 (1916) A famous  New York Court of Appeals  opinion by Judge  Benjamin N. Cardozo  which removed the requirement of  privity of contract  for duty in  negligence  actions The  plaintiff, Donald C.MacPherson, a stonecutter, was injured when one of the wooden wheels of his 1909 â€Å"Buick Runabout† collapsed. The  defendant,  Buick Motor Company, had manufactured the vehicle, but not the wheel, which had been manufactured by another party but installed by defendant. It was conceded that the defective wheel could have been discovered upon inspection. The defendant denied liability because the plaintiff had purchased the automobile from a dealer, not directly from the defendant. The portion of the MacPherson  opinion in which Cardozo demolished the privity bar to recovery is as follows: If the nature of a thing is such that it is reasonably certain to place life and limb in peril when negligently made, it is then a thing of danger. Its nature gives warning of the consequence to be expected. If to the element of danger there is added knowledge that the thing will be used by persons other than the purchaser, and used without new tests, then, irrespective of contract, the manufacturer of this thing of danger is under a duty to make it carefully. That is as far as we need to go for the decision of this case . . . . If he is neglige nt, where danger is to be oreseen, a liability will follow† Donoghue v. Stevenson  [1932] The case of  Donoghue v. Stevenson  [1932] illustrates the law of negligence, laying the foundations of the  fault  principle around the Commonwealth. The Plaintiff, Donoghue, drank ginger beer given to her by a friend, who bought it from a shop. The beer was supplied by a manufacturer, Stevenson in Scotland. While drinking the drink, Donoghue discovered the remains of an allegedly decomposed  slug. She then sued Stevenson, though there was no relationship of contract, as the friend had made the payment.As there was no  contract,  the doctrine of  privity  prevented a direct action against the manufacturer. In his ruling, justice Lord MacMillan defined a new category of delict (the Scots law nearest equivalent of tort), ( based on â€Å"implied warranty of fitness of a product† in a completely different category of tort–â€Å"products liability†) b ecause it was analogous to previous cases about people hurting each other. Lord Atkin interpreted the biblical passages to ‘love thy neighbour,' as the legal requirement to ‘not harm thy neighbour. He then went on to define neighbour as â€Å"persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions that are called in question. Reasonably foreseeable harm must be compensated†. This is the first principle of negligence. Breach of the Duty The test is both subjective and objective. The defendant who knowingly (subjective) exposes the plaintiff/claimant to a substantial risk of loss, breaches that duty.The defendant who fails to realize the substantial risk of loss to the plaintiff/claimant, which any  reasonable person  [objective] in the same situation would clearly have realized, also breaches that duty. Breach of duty is not limited to professionals or persons under written or oral contract; all members of society have a duty to exercise reasonable care toward others and their property. A person who engages in activities that pose an unreasonable risk toward others and their property that actually results in harm, breaches their duty of reasonable care.An example is shown in the facts of  Bolton v. Stone,[5]  a 1951 legal case decided by the  House of Lords  which established that a defendant is not negligent if the damage to the plaintiff was not a reasonably foreseeable consequence of his conduct. In the case, a Miss Stone was struck on the head by a cricket ball while standing outside her house. Cricket balls were not normally hit a far enough distance to pose a danger to people standing as far away as was Miss Stone.Although she was injured, the court held that she did not have a legitimate claim because the danger was not sufficiently foreseeable. Causation For a defendant to be held  liable, it must be shown that the particular acts or omissions were the cause of the loss or damage sustained. Although the notion sounds simple, the causation between one's breach of duty and the harm that results to another can at times be very complicated. The basic test is to ask whether the injury would have occurred but for, or without, the accused party's breach of the duty owed to the injured party.Even more precisely, if a breaching party materially increases the risk of harm to another, then the breaching party can be sued to the value of harm that he caused. Sometimes causation is one part of a multi-stage test for legal liability. For example for the defendant to be held liable for the tort of negligence, the defendant must have (1) owed the plaintiff a  duty of care; (2) breached that duty; (3) by so doing caused  damage  to the plaintiff; and (4) that damage must not have been too remote. Causation is but one component of the tort.On other occasions causation is the only r equirement for legal liability (other than the fact that the outcome is proscribed). For example in the law ofproduct liability, the fact that the defendant's product caused the plaintiff harm is the only thing that matters. The defendant need not also have been negligent. On still other occasions, causation is irrelevant to legal liability altogether. For example, under a contract of  indemnity insurance, the  insurer  agrees to indemnify the  victim  for harm not caused by the insurer, but by other parties.Where establishing causation is required to establish legal liability, it is usually said that it involves a two-stage inquiry. The first stage involves establishing ‘factual’ causation. Did the defendant act in the plaintiff’s loss? This must be established before inquiring into legal causation. The second stage involves establishing ‘legal’ causation. This is often a question of public policy: is this the sort of situation in which, d espite the outcome of the factual enquiry, we might nevertheless release the defendant from liability, or impose liability?

Marketing Strategies of Colgate Palmolive Ltd

Project Report A STUDY ON MARKETING STRATEGIES OF COLGATE PALMOLIVE LTD. Submitted to: Dr. D. K. Agarwal Submitted by: DINESH CHAUHAN[62014] VIVEK DHAR [62066] FORE SCHOOL OF MANAGEMENT NEW DELHI Contents ? Introduction1 ? Objective2 ? Methodology3 ? Company Profile4 ? Company Strategy6 ? Marketing Mix15 ? SWOT Analysis26 ? Survey Findings28 ? Retailers Survey34 ? Conclusion37 ? Suggestions39 ? Consumer Questionnaire ? Retailer Questionnaire ? Bibliography INTRODUCTION As early as 3000 B. C. Egyptians used toothbrushes fashioned from twigs. In the 20th century a major design advance occurred in 1938 with the launch of Dr. West’s Miracle Tuft toothbrush, the first nylon bristle brush. Until the late 1970’s toothbrushes were widely viewed by consumer as a commodity and were primarily purchases on price. The involvement remained low and the companies also treated their toothbrushes as an extension, to get their consumers to use their toothpastes. Typically in the Indian market the percentage of toothbrush users has slowly inched upwards. As it has always been associated by the non-users as a non-essential item more so because of their fierce loyalty to the margosa twigg(Datun) and the index finger. The market of late has been the entry of several foreign players and the marketing game has assumed a totally new dimension. Companies are trying to shift to â€Å"PULL† strategy of long term returns and the inclination of consumers to shell out a few rupees extra to ensure a more wholesome care of their teeth and gum. This has resulted in rapid growth in value terms. Added to this is the initiative of the companies to focus on expanding the market by bringing the over 65% non-users in their consumer fold. With such vast potential to be exploited, the entry of several new players with their innovative ideas and experience in similar developing markets, the industry is likely to see a lot of action in the immediate future. OBJECTIVE The above of the project was manifold. ? First of all a general idea of the toothbrush industry – its competitiveness, volume and potential was to be adjudged. Next was to go on to analysis of the attitudes of a typical consumer and his/her idea/perception of this low involvement category product. ? This was to be followed up with the study of Colgate Plus toothbrush, as a typical product of the company, Colgate Palmolive and its standing in the market vis-a-vis other players, especially new entrants. ? To amalgamate all above to conclude as to what was to be the future/probable course of the toothbrush industry and Colgate Plus tooth brush in particular. METHODOLOGY 1. To get an idea of the industry, I went through all the relevant literature we could lay my hands upon. This included A & M’s, Business Today’s. 2. For consumer attitudes, I prepared a questionnaire that was circulated among 70 odd people, well spread out across the whole of Delhi. The same was done with the retailers to try and see the conformity in findings in some specific attributes. 3. The questionnaire was to structured that an idea of brand image and relative studying of various brand could also be elicited. 4. The findings were synthesized, and keeping in mind the new entrants, their potential and the potential of the market, projections were made and conclusions were drawn. COMPANY PROFILE A household name for paste and tooth powder, Colgate Palmolive (India) was established on 23rd September 1937 as a private limited company in Bombay, as a wholly owned subsidiary of Colgate Palmolive Co. Of USA Initially it started with trading activity and later set up manufacturing operations in 1949 at Sewry (Bombay). The company became a public limited company on 5th October 1978. In 1990-91 the company commissioned facilities for fatty acid and toilet soap at Waluj (Aurangabad). The plants at Sewri and Waluj manufacture oral care products like dental creams, tooth powder tooth brushes and personal care products like toilet soaps, shampoo, which are marketed under various brand names such as Colgate, Palmolive, Halo, Protex and Charmis. The company’s distribution network covers 1700 stockists and 4,50,000 retailers with ware house facilities in Mumbai, Calcutta, Delhi, Hyderabad, Lucknow and Madras ( and a new addition at Faridabad). The company has its own Research and development facilities and had also been getting the R&D benefits of the parent company. It has a well established quality Control Department at Sewri & Waluj. For 40 years, since inception till 1978, Colgate was carrying on its business in India with a paid up capital of Rs. 1. 5 lakh made up of 1500 equity shares of Rs. 100 each, when it was increases to Rs. 1. 96 crore, by a bonus issue in the ratio of 130:1. To comply with the FERA regulations, Colgate Palmolive, USA diluted its share holding to 40% in the Indian company, through an offer of sale to the Indian public in October 1978. Following FERA relaxation, the foreign shareholding was increased from 40% to 51% in September 1993. Colgate Palmolive (CP) is a global leader in household and personal care products. In 1991, it had sales of $ 6. 06 billion and a gross profit of $ 2. 76 billion, its world wide R&D expenditures were $ 114 million and media advertising expenditure totalled $ 428 million. Colgate Palmolive’s five year plan for 1991 to 1995 emphasized new product launches and entry into new Geographic markets, along with improved efficiencies in manufacturing and distribution and a continuing focus on core consumer products. In 1921 $ 243 million was spend to upgrade 25 of Colgate Palmolive’s 91 manufacturing plants, 275 new products were introduced world-wide; several strategic acquisitions (e. g. of the Mennen men’s toiletries company) were completed and manufacturing began in China and Eastern Europe. Since 1985, gross margins had climbed from 39% to 45% while annual volume growth since 1986 had averaged 5% International sales Colgate Palmolive’s strong unit, accounted for 64% of sales and 6% of profits in 1991. COMPANY STRATEGY – ORAL CARE AND TOOTHBRUSH INDUSTRY IN PARTICULAR Volume is the key† says Richard Usuquen, VP Marketing Colgate Palmolive (India) Ltd. To expand the market in all ranges, CP has an ongoing RURAL VAN PROGRAMME and SCHOOL PROGRAMME covering 14 million villages and 80 million consumers, teaching people brush or even clean their teeth with the fingers. CP’s action centring around finely balancing the urban market – (59. 5%) and rural markets (68% share) . So while the company has introduced such premium packaging as stand up toothpaste tubes with flip-up caps in the urban market, it is also selling sachets of Colgate dental cream at low prices. This focus on volumes is also evident in the toothbrush market, estimated at 400 million units per annum. C-P is the toothbrush leader in India with an approximately 60% market share, but since ‘95 it is facing challenges from HLL which has already garnered 8% market share. Usuquen says â€Å"The penetration of brushes in India is very low, so more than market share, it is important to grow the market†. To that end CP has actively introduced line extensions across all three segments – economy, middle and premium since last year. At the entry level it has adopted the sleeve packaging, with no individual cases. The focus is on driving volumes through the price-sensitive segment. The mid-price market has been the introduction of the HIGH KLEEN range, while the upper end has seen the zig – zag and Double – Action launches. For the economy segment, a price focus has been adopted. On offer are five toothbrushes each from the CP and Cibacca stables to rural consumers, at prices low enough to generate trial. For the urban market, the focus is on maintaining novelty value by introducing new variants and added features. Whatever is new, people buy. So the idea is to accelerate choice through a variety of product features†. CP’s perception of the Indian market is of one where people welcome change but clamour for high end products at cheaply prices. The answer to this conundrum as per the company’s strategy is to â€Å"†¦.. Optimise cost and formulation and the proceses and come up with efficient manufacturing to answer this â€Å". CP’s strategy is to pour in a lot of investment in the Indian market in terms of capital expenditure and organizational support and each out to the deepest interiors. SEGMENTATION The toothbrush industry can be regarded as a component of the Oral Care industry which broadly comprises tooth paste, mouth wash and floss, besides tooth brushes and a large unorganized naturally available cleaning mediums viz. Index Finger, Neem twigs etc. But Colgate Plus need not to bothered about latter as it operates in a different category. The tooth brush industry can be segmented in the basis of social class & income group (Demographic Segmentation ), price (Product segmentation), benefit (behavioural segmentation), the last being the most important. DEMOGRAPHIC SEGMENTATION ACCORDING TO PRICE |Segment |Category |Brands |Characteristic | |Low income rural class |Economy |Promise, Cibaca |Looking for low price | |Middle income group semi urban |Standard |Colgate Classic Pepsodent popular | Value for money | |consumer | | | |Upper middle income urban |Premium |Colgate Plus, Classic, Ajay, Royal |High quality cleaning efficiency | |consumers | | | | |Upper class urban sophisticate |Super Premium |Oral B, Aquafresh, Jordan, Close Up|Unique, attribute, dentists | | | | |recommendation | The last two categories merge, since Colgate Plus is intelligently positioned in between the two to maintain a high quality in age as well as encourage switches from standard category to up grade PSYCHOGRAPHICS |Variations in Product |Jazzy looks, Transparent handle|Simpleton looks, Modest |Mix of the two : transparent | | |Flashy colours Superior Packing|packaging, Solid colours |handle but not very flash | | | | |packaging. |Urban sophisticate |Chooses with care, sports it as|Abhors |Abhors | | |a status symbol while | | | | |interacting in group travels | | | |Semi urban Non Chalant User |Aspires for it, but finds it |Very often goes for this as it |Some times this | | |difficult to afford; tries it |serves is purpose without much | | | |seldom |expenditure | | |Rural User |Does not have access/can’t | Is the only option Datun |Generally can’t afford this | | |think of | |either | |Tooth brushes brands |Oral B, Jordan, Aqua fresh etc. |Promise, Forhans etc. |Cibaca, Ajanta, Ajay etc. | The overall response reflects a gradual move in the direction of the premium to super premium segment as it is once in three months/four months purchase, thus being successful in luring all customers (except the rural user who are a small minority of the Market) to try out the ones that are places at a higher price on account of their trendy looks and overall appeal of style and splendor. BENEFIT SEGMENTATION |User Characteristic |Invalid oral health consumer |Involved oral health Consumer |Uninvolved Oral Health Consumer| | |Therapeutic Brushers |Cosmetic Brushers |Non-chalant Brushers | |Product Differentiater |Search functionally superior |Search for product that |Views products as same Lack of | | |product with many attributes. effectively delivers cosmetic |interest | | | |benefits | | |Advertising appeal |Put off by hardsell Prefers |Influenced by promotion, |Relatively unaware of ads can | | |dentist recommendation or |hammering on a USP |at most be influenced by price | | |in formed opinion | |offs, package deals | |Buying behaviour |Buys for himself, will go to a |Buys and uses for himself. |Buys for family. , will pick up| | |specialised store |Will not go beyond a large |any brand available. | | | |shop, supermarket | | |Regularity of usage |Brushes after every meal |Brushes mostly once, sometimes |At most once a day | | | |twice | | |Brand loyalty High |Low |Nil | |Price (Willing to pay) |>20 |15-20 | Rs. 20 |3. 0 |25. 0 |7. 5 | |ASCRIBED TO | | | | |No specific reason |59. 4 |33. 3 |50. 0 | |word of mouth |15. 6 |16. 7 |19. 1 | |impressed with advt. |9. 3 |20. |11. 9 | |shopkeeper insisted |15. 6 |20. 8 |14. 3 | |dentists advice |6. 3 |8. 3 |4. 8 | |REPLACEMENT FREQUENCY | | | | |0-1 MONTHS |23. 5 |12. 5 |17. 4 | |1-2 MONTHS |26. 5 |29. |28. 3 | |2-3 MONTHS |23. 5 |29. 2 |30. 4 | |3-4 MONTHS |23. 5 |16. 7 |19. 6 | |> 4 MONTHS |2. 9 |16. 7 |4. 3 | |FREQ. OF BRUSHING | | | | |Once (per day) |50. 0 |28. |46. 7 | |Twice |44. 2 |68. 0 |46. 8 | |after eve ry meal |2. 9 |4. 0 |2. 2 | |Not very particular |2. 9 |0. 0 |2. 2 | |pressed with Advertisement | | | | |YES |11. 1 |22. 2 |12. | |NO |88. 9 |78. 0 |87. 1 | RELATIVE IMPORTANCE OF ATTRIBUTES | |MALES |FEMALES |TOTAL |RANK | |PRICE |62. 7 |57. 3 |61. 2 |5 | |PACKAGING |40. 2 |49. 3 |44. 6 |8 | |DURABILITY |74. 5 |74. 7 |75. |2 | |LONG HANDLE |51. 9 |60. 0 |57. 0 |6 | |FLEXIBLE NECK |52. 9 |60. 0 |57. 1 |6 | |COMFY. ANGLE |68. 6 |78. 7 |73. 7 |3 | |SOFT BRISTLES |78. 4 |86. 7 |82. 9 |1 | |LOOKS |46. 1 |40. 0 |44. 9 | |DIAMOND HEAD |36. 3 |41. 3 |38. 9 |10 | |GRIP |58. 8 |68. 0 |63. 4 |4 | |INDICATOR |28. 4 |41. 3 |34. 3 |11 | COLGATE PLUS USERS RESPONSE | |Males |Females |Total | | |v. Good | |COLGATE PLUS |30. 96 | |CIBACA |14. 28 | |ORAL-B |16. 66 | |CLOSE-UP |9. 52 | |PEPSODENT POPULAR |7. 14 | |JORDAN |9. 2 | |OTHERS |11. 90 | BRAND RECALL |BRANDS |PERCENTAGE | |COLGATE PLUS |20. 47 | |PEPSODENT POPULAR |11. 02 | |CIBACA |10. 4 | |ORAL-B |9. 54 | |AQUA-FRESH |7. 59 | |AJANTA |7. 09 | |OTHERS |28. 35 | Only about 5% of the respondents could not remember which toothbrush they were presently using which were excluded from the above computing. RETAILER’S SURVEY FEATURES |No. f Respondents |: |20 | |Areas covered |: |Defence Colony, South Avenue, Khan Market, North Campus, Sarojini| | | |Nagar | |Nature of survey |: |Structured Questionnaire | |Objective |: |a) To gather the respond to new entrants vis-a-vis Colgate Plus | | | |as perceived by retailers. | | | |B) Retailers favorite brand(s) | | | |Margins offered | |Limitations |: |Given the areas covered, the response was bound to be asked in | | | |favour of the upper class users. | F INDINGS |A. Availability | | | |Easy |: |Classic, Aqua-Fresh, Oral-B, Pepsodent, Colgate Plus | |Not Easy |: |Royal, Forhans, Cibaca, Jordan, Prudent. | |B. Sales | | | |High |: |Colgate Plus, Cibaca, Classic, Pepsodent, Oral-B | |Satisfactory |: |Close-up, Ajanta, Ajay, Jordan, Aqua-Fresh | |C. Profit Margins | | | |Highest |: |Classic, Royal | |High |: |Jordan | |Medium |: |Oral-B, Aqua-Fresh, Reach, Cibaca | |Low |: |Colgate Plus, Pepsodent, Close-up | * Highest Margin : 35-40%Lowest Margin – 10-15% N. B. Colgate Plus features in the lowest level of margin and yet commands the highest market share. The low margin was however denied by the Sales Office of Colgate-Palmolive at Delhi, who claimed to offer equal to that of the industry standards. Colgate Plus was not backed up by any appraisal system whatsoever. Supply is kept regular on weekly basis. D. Retailer’s Perception Of Preferences |BY BRAND NAME |36. % | |CHEAP BRUSH |9. 3% | |SPECIFY PRICE RANGE |15. 9% | |EXPENSIVE |21. 5% | |TRY NEW ONESE |16. 8 | E. Retails insisted on â€Å"Pushing† Classic as it was moderately priced and yet offered a very good margin. * The â€Å"D† above was also substantiated by our consumer survey. CONCLUSION The present day brushing habits of the Indian society as a whole leaves a lot to be desired – 41 toothbrushes are sold for every 100 persons per year! Total units sold add u to a little over 400 million, growing at the rate of 10% p. a in volume terms and 25% in value terms (difference explained by the shift to upper end of the market). This implies not much inroad has been made into the rural and semi-urban market. Non-users constitute about 65% of total population. While the global brands try to create new markets and add new dimensions, there is much greater latent demand. Out of their stable of marketing strategies, advertising till now had been low priority for the players (this was confirmed in our survey as 88. % of respondents don’t recall the ads). This indicates companies find it formidable to change the low involvement level psyche of consumers and the route of aggressive sales promotion by way of price offs, POP displays, tied sales and generous trade margin s still hold the key to increasing off take of toothbrushes. No one has made a serious attempt in the virgin territory of 65% non-users (CP’s Rural Van Programme is a recent drive). The thought of doing a Nirma to the toothbrush market has escaped everyone. Despite packaging constituting a substantial (upto 40%) of the cost of a toothbrush it has found to have influenced the purchasing decisions of the buyers. In our survey consumers corroborated to this effect (refer to the survey findings). Companies could rethink their strategy of increasing differentiability by packaging and instead invest in product development for the same. SUGGESTIONS Some possible product improvisations Attached straight tongue cleaner cased in the toothbrush handle. Cartoons character printed on the handle to attract kids. Padding on the handle end to massage the gums. Casing the toothbrush (for kids) in a toy form. Neck with adjustable handle. Get a certificate by the Indian Dental Association (IDA) for the toothbrush, like the Colgate Calciguard Toothpaste. Segregate the toothbrush types for different age groups, e. g. , Children – Thicker handle for better grip, bright colours and cartoons printed on the handle. Young People of Teenager – more trendy colours and designs, like stripes or polka dotted, more vibrant colours. Adults – Simple designs and sober and decent colours. For the new entrant Introduce the product with the offer of one free toothbrush with the purchase of a brush which will help in blocking and prepointing the purchase of the buyer. As the target segment is the premium segment therefore, premium pricing of the product is necessary. Price the product at Rs. 251 -* or at Rs. 301- and not at Rs. 361 or Rs. 221- because the shopkeepers face a problem in returning small changes of Rs. 31 or Rs. 31- and Rs. 1 so they sometimes avoid the product as confessed by the shopkeeper. Add value to the product by giving tips on taking good oral care, in the back side of the package or a free pamphlet with the purchase of a brush, like brushing twice a day, flossing, polishing , regular dental check-up by your dentist, this shows a caring and concerned attitude by the company. With the purchase of a toothbrush, give a free coupons which is to be filled in by the consumer and can be used by him or her for getting a free dental check-up as when and where specified in the advertisement in the newspaper. This kind of scheme can be implemented by the company once in two three months. However, these suggestions can be used by the big players in the market or the new entrant, who has to be a big player because a large investment is needed for such heavy sales promotion and also an attempt should be made to convert this low involvement product into a high involvement as it is concerned with personal card and hygiene and a product of daily use. CONSUMER QUESTIONNAIRE 1. AGE : ( 15-30 Years ( 30-40 Years ( 40-50 years (Above 50 years 2. SEX : ( Male ( Female 3. OCCUPATION : ( Govt. Service( Self-employed ( Corporate Executive ( Student ( Others (specify __________________) 4. MARITAL STATUS 🙠 Single ( Married with children ( Married without children 5. AVERAGE MONTHLY INCOME/ALLOWANCE ( Rs. 20000 6. Which toothbrush do you generally use? 7. Name any other five toothbrushes that you can recall 12345 8. Who purchases your toothbrush? ( Myself( A family member( A Subordinate 9. Do you ask for a toothbrush by name? ( Yes ( No 10. How much are you ready to spend on a toothbrush? ( Rs. 5-10( Rs. 10-15( Rs. 15-20( > Rs. 20 11. What prompted you to purchase your current toothbrush? ( Dentist’s advice ( Impressed with the advertisement ( Shopkeeper gave it to me ( A well-wisher recommended it to me ( Just bought it no specific reason. 12. How often do you replace your toothbrush? (0-1 month( 1-2 months( 2-3 months( 3-4 months ( > 4 months 13. How often do you brush your teeth a day? ( Once ( Twice ( After every meal( Not particular 14. What according to you are the relative importances of the following? | |V. Imp |Imp. |Not so Imp. Doesn’t matter | |PRICE | | | | | |PACKAGING | | | | | |DURABILITY | | | | | |FLEXIBLE NECK | | | | | |COMFORTABLE ANGLE | | | | | |SOFTNESS OF BRISTLES | | | | | |LOOKS (TRANSPARENT HANDLE ETC. ) | | | | | |DIAMOND HEAD | | | | | |GRIP | | | | | |INDICATOR | | | | | 15. Has any toothbrush ad (seen on TV/in a magazine) made an impact on you? |YES |NO |IF YES, THEN WHY | |ORAL-B | | | | |AQUA FRESH | | | | |ROYAL | | | | |COLGATE PLUS | | | | 16. Kindly answer the following in case you have used Colgate Plus/Aqua Fresh toothbrushes: | |AQUA FRESH |COLGATE PLUS | |QUALITY |*V. GOOD * GOOD |* V. GOOD * GOOD | | |* MODERATE |* MODERATE | | |* NO GOOD |* NO GOOD | |AVAILABILITY |* EASY * NOT SO EASY * DIFFICULT |* EASY * NOT SO EASY * DIFFICULT | |IF IT WORTH THE PRICE |* YES *NO |* YES * NO | | |* CAN’T SAY |*CAN’T SAY | |IF THE BRAND IS NOT AVAILABLE, THEN I |* WILL WAIT |* WILL WAIT | | |* WILL NOT WAIT |* WILL NOT WAIT | THANK YOU FOR SPARING YOUR VALUABLE TIME!! RETAILER QUESTIONNAIRE 1. Location of the store : 2. Selling toothbrushes since 3. Brands stocked ( Colgate Plus( Cibaca Supreme( Aqua Fresh ( Jordan( Oral-B( Royal ( Pepsodent( Promise( Ajay ( Ajanta( Classic 4. Which are the top three toothbrushes in terms of exist sales? 1. 2. 3. 4. 5. In case not covered above. What is the status of: 1. Aquafresh( Good( Picking up Moderate( Poor 2. Colgate Plus( Good( Picking up Moderate( Poor 6. How do consumers ask for a tooth brush? (Rank them) (a) Ask by brand name(b) Ask for a cheap brush (c) Specify a price range(d) Go for an expensive brush (e) Keep trying newer ones 7. Which of these two companies make it a point to: (a) Get a regular feedback Aquafresh( Yes( No Colgate Plus( Yes( No (b) Maintain regular supply Aquafresh( Yes( No Colgate Plus( Yes( No 8. Rank your profit margin for the following brands: 1. Cibaca Supreme2. Colgate Plus 3. Oral-B4. Aqua Fresh 5. Classic 6. Ajanta 7. Pepsodent 8. Jordan 9. What is your a) Highest Margin b) Lowest Margin 10. If the consumer does not ask for a specific toothbrush then which one would you offer him? Why? BIBLIOGRAPHY 1. Business Today Library 2. A&M Issues of June ‘05, June ‘05, April ‘2006 3. CII Library 4. FORE Library 5. Kotler Philip (Principles of Marketing) 6. Kotler, Philip (Marketing Management). ACKNOWLEDGEMENT I would like to express my sincere thanks to Prof. N. S. Uppal for entrusting me with a challenging project and along with it, his help and encouragement has been exemplary. I wish to place my sincere gratitude to the officials of concerned organization and libraries who in spite of their busy schedule always spared their time whenever needed. ———————– [pic] [pic] [pic] [pic] [pic] [pic] [pic] [pic] [pic] [pic] [pic] [pic] [pic]

Consent to medical treatment medical law Essay

Consent to medical treatment, medical law Introduction   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Medical treatment and law are interrelated, the relationship between the two resulted to medical law which is of greater help for millions of people in the whole world. Medical law varies in different countries. They all serve the same purpose of protecting the interest of patients during the time of medication process. Medical law covers different areas of medication and it contains different sub-laws that define different areas of medication. The issue of consent is one of the critical issues that are addressed by this medical law. This is because there have been many cases where patients have been subjected to medical treatment without their will. Medical law gives patients the right to make decisions of their will without any influence but under certain conditions like capacity of the patient to make decisions. The torts of negligence and battery are also common issues that are addressed under medical law. The two torts register the hi ghest number of cases in courts because they are commonly violated by the medical practitioners. The objective of the paper is to critically analyze the concept of consent, tort of battery and tort of negligence. The analysis will be supported by different case laws under each concept.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Consent is a situation where a patient is given the right to decides what should be done to his or her body. If a medical practitioner touches the patient without this concept, the act is referred to be unlawful. A medical practitioner is said to act lawfully when touching a patient under the following circumstances, but it is good to note that each circumstance depends on the category of the patient. The major categories of patients are; adults who are competence, adults who are incompetence, young people of below 16 years old and patients who require urgent care. For the case of competence adults the medical practitioner must get the concept of the patient before subjecting him or her to medical treatment. The consent should be from the person but not any person because the law views a competence adult as a person who can make right decisions. If the physician touches the patient without his or her concept, the act is completely unlawful .   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In the category of incompetent adult, the medical law defines that the person cannot make right wise decision and thus the physician should not comply with the person’s consent. However, this does not mean that the physician has the right to subject the person to medication. The physician should get the concept of the court of law or close family member of the person and in this case, the physician can touch the person lawfully. The category of Children of below 16 years old can be well explained using the Gillick vs. West Norfolk health facility. In this particular case, the West Norfolk was changed in the court of law because of subjecting girls of below 16 years old to contraceptive treatment without the concept of their parents. This indicates that a medical practitioner should not touch a child of below 16 years without parental or legal consent and thus it is lawful for a medical practitioner to touch a child under the consent of parents. In the category of emergence cases where urgent treatment is required, the physician should first use all the means possible in order to get the patients consent. However, the physician can subject medication to a patient without consent and it becomes lawful under the following situations which are highlighted in the medical law act. If the patient is disabled in search a way that he or she cannot be able to communicate, if there is a language barrier between the patient and the medical practitioner, if the delay would cause dangerous complications to the patient, if all possible ways of getting the patients consent has been exhausted and if there is a good reason that the patient cannot refuse the treatment. The above reasons give the physician the right to touch a patient lawfully.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   There many instances where the medical practitioner acts against the consent of the patient. The medical practitioner commits a tort of negligence. This is a very dangerous tort because it has left many people dead and others disabled, it is mostly caused by lack of proper concentration and seriousness of physicians in their medical operations. There are many cases where the physicians have been sued because of acting against or without the consent of the patient. A good example is the Alexander Baez vs. Sylvester. Alexander was a body builder and he decided to go to a medical practitioner for Pec implants the doctor by operated him implanted him with breast implants instead of pec implants. This is just a representation of millions of cases that involves tort of negligence.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The issue of consent is very critical; this is because the medical practitioner is usually reliable for touching a patient without consent and also treating a patient with consent which is not well informed. The main issues lies on to what extent should the medical practitioner advice the patient when coming up with the consent. Two cases can be of greater help in the process of analyzing this issue.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The first case is the case between Sidaway vs. Bethlem. Sidaway was a patient where she had gone for a surgery in order to remove a trapped nerve. Bethlem was the one who handled the patient. After surgery, the patient paralyzed and he sued the doctor because of negligence. He claimed that the doctor had not disclosed the negative effects of the surgery and thus it was a form of negligence.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The second case is between Chester vs. Afsher. Where Chester was a journalist and she had a problem of back pain and one of her medical practitioner advised her for a surgery. Chester decided to visit Afsher as a private patient and she requested for a spinal surgery. The surgery caused nerves damage and she became paralyzed. As a result of that, she sued the doctor for negligence because she claimed that the doctor had not disclosed all the information about the negative of the surgery.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The two cases were addressed in different ways though they look the same, the judge in the Sidaway case sided with the doctor’s side while in the majority in the Chester case sided with the patient side. The two cases were under the English law that states that the patient must be provided with all information whether positive or negative about the medical operation for the purpose of making balanced decision. In both cases, the patients complained that they had not been well informed about the possible consequences. The first case judgment was against the English law because the doctor had not provided with all the information. In the second case, I strongly agree with the majority in that case who supported Chester. This is because failure to provide the necessary information to the patient is a form of negligence and thus the doctor went against the law.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Self-determination of patients influences the consent making process in a greater way. In the Sidaway case, lord Scarman endorsed therapeutic privileges. This has massive effects to the patients because it raises the self-determination of the patient. If patient’s self-determination is triggered there is a possibility that the patient would make decisions out of excitement. This has resulted to a lot of cases of negligence which are indeed out of patient’s high hopes in making their consents. That is the reason why the medical practitioners should provide the both sides of information in order to give the patient a chance to make balanced decision which are not out of excitement or any influence. This would reduce many cases of negligence which affects both parties depending on the jury addressing the issue. There is no danger of informing the patient about all the information concerning the operation regardless of how simple it is because it is not easy to know the information that will have an impact in the decision making process of the patient.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Operation to correct sticking years is an operation that is carried out by medical practitioners in for prestige because stick ears have no health complications. Many parents prefer to take their children’s for this operation while they are still young. However, anything that might happen to the child during the operation is justified and the medical practitioner cannot be responsible of anything.This is because the consent of parent is enough to legalize the child operation. However, there are some circumstances that can prevent this justification. The medical operator should provide all the necessary information about the operation and failure to do so can result to lack of justification. Beauchamp vs. Childress case is a good explanation for this point because the case addressed the issue where Childress organization sued parents and physician who operated a child and the child developed problems. The jury ruled in favor of paren ts and physicians because the stick year operation was done in consent of parents.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The issue of circumcision is related to the above case but it takes different angles, this is because there is child circumcision and adult circumcision. In the case of child circumcision, the consent must be from the parent and they have the legal right to make the decision. In this case, the circumcision process is justified and thus the doctor has no blame if there is proper application of skills.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The situation can be unjustified if the medical operator shows any kind of unprofessionalism or if the child experiences complications which are as a result of physician’s era. There is a difference between the law of circumcision in males and females. The male law on circumcision is not well established because male circumcision is viewed as a normal process. The male law of circumcision states that parents of a child have the right to circumcise their male child or not. It is good to note that this law does not tackle the issue of circumcision based on cultural or religious believes. When it comes to female circumcision, the law does not support it in any way. It is illegal to operate a female whether in her consent or in the consent of another person. The law prohibits parents form influencing their children for circumcision in any way. The law also prohibits the gentle mutilation whether with the consent of the child or with the consent of the parent. The law further elaborates this issue the tort of battery, the law explains that a medical practitioner should not in any case use any means to persuade a female for genital mutilation. Male circumcision should not be made illegal because it is performed under the consent of parents and also it does not have dangerous complications. Mental capacity Act 2005 section one two contains detailed guidelines on how best interest of a person who lack capacity should be determined. When a person has no capacity to make decision, the best interest of the person is determined. A person can be disabled in a way he or she cannot be in a position of making any decision or there can be a language barrier between the patient and the physician and that is where the concept of best interest is applied.That Act states that the best interest of the person should not be determined according to the age or physical appearance of the person. Best interest of incapacitated patient sh ould be determined by, consultation of any person who is to the patient, any personal interest that might have been written or said by the patient when he or she was in full capacity and the decision of the attorney. The Act further elaborates that all process that should make the patient to give the consent should be exhausted before deciding the best interest of the person. Lastly, the beliefs if any of the person should be used to determine the best interest of the person because the act argues that the beliefs influence the decision of a person in a greater way.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Least restrictive alternative principle mean is applied when determining the best interest for an incapacitated patient. The principle states that when applying the best interest, the less intrusive option should be considered. This means that some options that are suggested as best interest are not the same, there are some which are more convenient to the person and they should be given the first priority. In case of unconscious person in a surgery table and the doctors operating the person notices that they would have an additional operation that they had not explained to me, the following is the best suggested for them that they can proceed with. Since the person is unconscious which means have no capacity of giving his or her views, the best interest evaluation process should be carried out. The doctor should consult the relatives of the person concerning the issue if any. They should also assess the previous agreements in order see wh ether there was any document that the patient had written that could be of any help. The principle of the least restrictive alternative should be taken. The best option should be continuation of the process because it would of benefit to the patient and it would be the only chance for the survival of the person. Conclusion   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In conclusion, it is the right of every patient to give consent before any operation is undertaken although this seems to depend on the condition of the patient at that respective time. This would be for the benefit of both the physician and the patient. Based on the above case study and the English law, physicians are at risk of being sued upon failure of notifying the patient on the side effects of the operations. Many doctors prefer getting information from both the patient and the relatives to ensure balanced decision making that is not as a result of influence. The tort of negligence is also posed to be dangerous because it may lead to disablement or death of a patient if the doctor is careless. Both torts, the tort of negligence and battery are said to be the most violated by physicians References Beauchamp and Childress. The Principles of biomedical ethics, (1979) P. 3 Sidaway v. Bethlem Royal Hospital (All Engl Law Rep. Feb 23;[1984] 1:1018-36, 1984) p.45 Gillick v West Norfolk and Wisbech Area Health Authority. 1984 (All Engl Law Rep. 1984 Nov 19-Dec 20 (date of decision);1985(1):533-591., 1984) p.120 General Medical Council (UK). Ethical guidance: Confidentiality. October 2009. http://www.gmc-uk.org/guidance/ethical_guidance/confidentiality.aspBeauchamp TL, Childress JF. (2001). Principles of biomedical ethics, 5th edn. (Oxford: Oxford University Press) p. 209 http://www.hpa.org.uk/Topics/InfectiousDiseases/InfectionsAZ/NotificationsOfInfectiousDiseases/ListOfNotifiableDiseases/W v. Egdell. All Eng Law Rep. (1989 Nov 9;[1990] 1:835) p.53. Her Majesty’s Stationery Office (UK). (The Data Protection Act (1998). 1998) p.332 General Medical Council (UK). Confidentiality: Protecting and Providing Information. September 2000) p. 64 JACKSON, E. (Medical law: text, cases, and materials, 2013) p. 74 CHOCTAW, W. T. Avoiding medical malpractice: a physician’s guide to the law. (New York, Springer, 2008) p. 52 ​ Alaisdair Maclean . (2009). The legal regulation of consent – chapter 5 from Autonomy, informed consent and medical law by Alaisdair Maclean (2009). Jackson E. â€Å"Informed consent ​to medical treatment† and the impotence of tort – (First do no harm, 2009) p. 81 Alisdair Maclean . From Sidaway to Pearce and Beyond: Is the legal regulation of consent any better following a quarter of a century of judicial scrutiny – ​(article from Medical Law Review, 2009) p .213 Tom Walker What principalism misses – (in Journal of Medical Ethics., 2009) p. 9 Jose Miole One step forward, two steps back: the GMC, the common law and ‘informed’ consent –    (From Journal of Medical Ethics., 2010) p. 20 Rachael Mulheron Trumping Bolam: A critical legal anlysis of Bolitho’s â€Å"gloss† –( in Cambridge Law Journal, 2010).p. 67 CALLAGHAN AND COMPANY. (1912). Negligence and compensation cases annotated. (Mundelein, Ill. [etc.], Callaghan, 1912) p. 23 JACKSON, E. (2013). Medical law: text, cases, and materials. BRINDLE, N., BRANTON, T., STANSFIELD, A., & ZIGMOND, T. (A clinician’s brief guide to the Mental Capacity Act, 2013) p. 74 GREAT BRITAIN. Mental Capacity Act 2005: Chapter 9. (London, Stationery Office, 2005) p. 111 TOWNSEND, R., & LUCK, M. Applied paramedic law and ethics Australia and New Zealand. (Chatswood,N.S.W.,Elsevier Australia, 2013) p. 44 http://search.ebscohost.com/login.aspx?direct=true&scope=site&db=nlebk&db=nlabk&AN=520826. DIAMOND, J. L., LEVINE, L. C., & BERNSTEIN, A. (2010). Understanding torts. (New Providence, NJ, LexisNexis, 2010) p. 56 CHAMALLAS, M., & WRIGGINS, J. B. (2010). The measure of injury: race, gender, and tort law. New York, N.Y., New York University Press. POZGAR, G. D. (2012). Legal aspects of health care administration. Sudbury, Mass, Jones & Bartlett Learning. TAPPEN, R. M., WEISS, S. A., & WHITEHEAD, D. K. Essentials of nursing leadership and management. (Philadelphia, F.A. Davis, 1998) p.8 Source document

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British Television Essay Soap opera is the most popular genre of television programming across the globe and has been the leading favourite of British television for the past forty-six years. The trend evolved from the radio soap operas of the 1930s and 1940s, surfacing first in the United States and later spreading across the world. It attracted large audiences consisting mainly of female listeners and with the growing popularity of television it soon became firmly rooted on the screen. The long running Coronation Street was the first British soap opera to make a significant impact on UK drama in 1960s. Its aim was to target mainly working class people in creating a microcosm of the working world we live in, focusing on realism as opposed to the escapism forms of the American soaps. In order to conclude on whether the dominance of this genre is beneficial or detrimental to the future welfare of British drama, Im going to study the pros and cons of soap opera as a form of British Television. Over the years soap operas have been continuously praised and condemned by the general public and despite of its popularity the genre continues to carry the connotation of a degraded cultural form of television drama. There is the common belief that soap operas are for those with simple tastes and limited capacities, for the content and style of them are unable to truly challenge the viewers in the same way that the more serious single drama can. However, it is a known fact that soap opera is the most complex narrative form of all television drama requiring prior knowledge from its audience. David Buckingham (Public Secrets: EastEnders and its Audience) mentions the mental demands that soap operas require from a viewer focusing on the ability to recall past events when cued, to look into the future and speculate about forth coming events and to use the multi-plot narrative for lateral reference. Hence although the content may not be truly challenging it would be wrong to say that soap operas require nothing from their audiences for it is a general assumption that the average viewer is a fan of the show. Yet, it has been labelled as little more than chewing gum for the eyes (Richard Kilborn in Television Soaps), a harmful and corrupting product of broadcasting that feeds the soap viewers addictions with the so-called mindless forms of entertainment they offer. Issues of influence over audience and the affects that the content may have on its viewers cause much controversy. There is the belief that as an active audience we are in control and therefore choose whether we watch something more challenging or something that we can watch unfold in front of us, no questions required. For this reason we also have the ability to see whats real and what isnt, and yet, we have the concern of cultivation differential, where the viewer begins to accept the values portrayed in the soap operas as their own, or more so than the values of the world we live in. We must ask ourselves then whether soap operas are an accurate portrait of life today and with regards to this, how harmful can the programmes be if the audience begins to take the soaps values as their own? British soaps are watched for their realism having become our virtual communities, doing more to break down social and class boundaries than any government leader could ever do (Mal Young, BBC Televisions head of drama series). They cover a diverse range of issues, in particular domestic, from storylines of health, relationships, business and family, to the ever so popular murder and death. Based, for the most part, on problems experienced within personal relationships and family life the content of the soap is fundamentally humanised, and thus we find the lifestyles led on screen are not so different from our own. They attempt to represent the realities of a working class life and confront many of the problems faced in our society, exploring all the different possibilities and affects of such struggles but never claiming to offer a single solution. The realism of these soaps is emphasised more so by the reasonably slow pace at which the narrative is allowed to progress appearing more or less to be unravelling in real time. Viewers can often identify with the stereotype characters of the drama series that become almost existent to them. However, there are much bigger dramas in our world than domestic murder and by resorting to melodrama its as if we are choosing a more safe and cosy view of society. So, should our soap operas be more demanding of their audiences, and should they be tackling greater issues becoming more like the golden ages of television when the programmes were revolutionary, making an impact on the viewers? I would argue that times have changed and soap operas, whether focusing on realism or glamorous escapism, are a form of harmless therapy for viewers to turn to, becoming a part of that world and forgetting theirs. It is in single drama that we look to be challenged and if soaps began to address the more serious issues, encouraging us to question and think then I feel the need for single drama would soon disappear. Its not so much the form or content of soap operas that may be detrimental to future welfare of British drama, but the way is dominates our television schedules. The real danger is that other forms of drama with perhaps more important/ meaningful messages may be overlooked and that is where we may lose revolutionary television. Its alarming how many hours of soaps and docu-soaps (reality programmes) are choking up vast swathes of airtime like pondweed (Adam Sweeting: Soap Springs Eternal: Guardian website). The former values of Lord Reith seem almost non-existent, for the once precious airtime to show variety is now seen as a mere tool for audience shares. The domination of this phenomenon has led television companies to believe that the somewhat cheap and open ended formats of soap operas are a much safer option than striving to make new original programmes with a challenging voice. The soaps do what they do well, but that doesnt mean that should be the only form of drama on T. V, or that they should be the only sources of good, interesting actors (Christine Geraghty ). Soap operas are beneficial in that they tackle the smaller issues in our society leaving room for other forms of drama to make greater impacts with more challenging storylines, confronting the greater political issues like terrorism and racism. The fact that soap operas are continuous and avoid narrative closure would make it more difficult, I believe, to create a strong drama series about a deeply serious and ongoing issue. They are good at showing the domestic issues that many encounter and should rest at that. What is destructive to the welfare of British drama is that television companies are now avoiding more challenging storylines and forms of drama with the fear that they will lose money. Soap operas can easily recover but a single drama either works or flops. I feel that a balance is needed in that we have our intake of soap operas but there are so many crowding our television airtime that any more would be a waste and hinder other forms of more serious drama. I find myself also questioning the continuity of its popularity, for if there are too many soap operas then we see the same issues occurring again and again. The interest may soon die as we seek for more challenging material and thus, the necessity for a balance is vital, in having airtime for escaping into another world, realistic or not, without having to think to much, and having time for the more serious programmes where we are left questioning.

Design and Build Contract in Project

Design and Build Contract in Project The term ‘procurement route considers all the activities undertaken by the client or clients representative, whether this is a sole decision or a decision made with the help of other parties, such as the various consultants or in some cases even the contractor, towards the goal of developing a construction project that the client is ultimately happy with.   There are various procurement routes, which can be categorized into three main procurement route contracts, a Traditional contract, a Design and Build contract, and a Management contract. A Traditional contract benefits in cost and quality, but at the expense of time.   It is not the fastest of methods, and with this procurement route it is desirable to have all the information at tender stage.   It is basically straightforward, but complications can arise if the client requires that certain sub-contractors are used.   With this procurement route the client requires certain standards to be shown or described, but the client is wholly responsible for achieving the stated quality on site, and controls the design and variations to a large extent.   It has certainty in cost and time before commitment to build, and requires clear accountability and cost monitoring at all stages.   Competitive tenders are possible for all items.   The risk is generally fair and balanced between all the parties.   (CLAMP, Hugh, COX, Stanley LUPTON, Sarah, 2003) A Design and Build contract benefits in cost and time, but at the expense of quality.   It is a relatively fast method. The pre-tender time largely depends on the amount of detail in the clients requirements, but the construction time can be reduced because the design and building phases proceed in parallel.   With this procurement route the client has no direct control over the contractors performance, has little say in the choice of specialist sub-contractors, and has virtually no flexibility once the contract is signed.   It has a guaranteed cost and completion date.   The risk with this procurement route lies almost entirely with the contractor. (CLAMP, Hugh, COX, Stanley LUPTON, Sarah, 2003) A Management contract benefits in time and quality, but at the expense of cost.   An early start on site is possible with this procurement route, long before tenders have been invited for some of the works packages.   It involves a complex management operation requiring sophisticated techniques.   The managing contractor is responsible for quality of work and materials on site and can easily adjust the programme and costs, meaning the client can also easily modify or develop design requirements during construction.   With this procurement route the client is committed to start building on only a cost plan, project drawings and a specification.   The risk lies mainly with the client in this method of procurement. (CLAMP, Hugh, COX, Stanley LUPTON, Sarah, 2003) For the purpose of this project we propose to use a Design and Build contract.   We have made this decision based on the project requiring cost and time to be prioritized, a guaranteed completion date being essential to minimise down time, and the benefit of having the responsibility of risk being taken away from the client. Tender Process Tendering is the name given to the process or procedure that is used to obtain offers leading to a contract between two parties.   The two main types of tender process are single stage tendering and two-stage tendering. Single stage tendering is suitable for small simple projects, where the key issues are speed and cost assurity.   It is considered by clients because of a need for greater cost certainty during the design and construction phases, the need for a well documented, fixed-price contract, the benefit from the discipline of completing the design before a contractor appointment takes place, and the use of commercial pressure to secure cost reductions for projects that might otherwise be unviable.   A single stage tendering process however offers limited scope for a team to develop a shared objective or for a contractor to contribute to design development, and changes introduced by the design team will undermine the certainty achieved with a lump sum tender. A two-stage tendering process is particularly suitable for large or complex projects, where a key factor is the close collaboration between the contractor and client, particularly during the design phase, as the contractor will endeavour to find the best solution for the project in terms of cost programme and design.   A two-stage tendering process is considered by clients because of its second stage being based on more complete information and therefore the contractor having a better understanding of the scope of works, which in turn should help obtain a final account that is closer to the contract sum, the ability to continue the development of the design during the second stage of the tender in conjunction with the main contractor and specialist sub contractors, and because it helps promote a specific focus on issues of buildability and economic construction during the later stages of design.   However the cost of second stage tenders tend to be higher because of negotiation p remiums and the inclusion of additional risk transfers, and not exceeding the cost and completion date are not binding prior to the finalisation of the contract. In two-stage tendering, like single stage tendering, the first stage is a competitive tender and it is usual to base these on the tenderers track records, preliminaries, overheads, an outline programme and the contractors pricing documents in relation to the preliminary design information.   Unlike a single stage tender, the first stage ends not with a contract being awarded but with the selection of a contractor for the second phase, in which the level of pricing provided in the first stage of the tender is used to open negotiations to produce a firmer price based on the drawings, bills of quantities and any other relevant documents that reflect the completed design. For the purposes of this project we propose to use a single stage tendering process.   We have made this decision based on the need for speed and cost assurity on the project, with the two key issues being time and cost. As early as possible during the design process we will propose a list of suitable contractors obtained from an electronic database containing a list of approved contractors.   The main criteria for selecting contractors for the initial tender list will include adequacy of available resources, adequacy of technical and management structure, financial stability and insurance cover, health and safety record, quality of work and adequacy of quality control, and performance record. We propose to issue preliminary enquiries to each contractor on the initial tender list 4-6 weeks before the tender documents are due to be issued, including a project information schedule and a questionnaire.   This will determine whether each contractor is both suited to the project and willing to submit a tender.   The contractors will be given 10 days from its original dispatch to return the completed questionnaire.    Once a short list of tenderers has been agreed and the tender documents are ready for release, they will be sent to the tenderers along with a Form of Invitation to Tender and a Form of Tender.   The latest time and date for submission of the tender will be included on both the Invitation to Tender and the Form of Tender, and will state that they are to remain open for acceptance for a period of 28 days from the bid submission date. When the tender return forms are received, the ones which are returned by the closing date will be analysed and a summary report will be written and sent to the client, and those which are returned after the closing date will remain unopened and be sent back to the sender.   As project managers we will offer advice upon the choice of appointed contractor, if the client requests so.   When we have received confirmation from the client regarding the chosen contractor we will notify them that they have won the work, and notify the unsuccessful tenderers that they have not. On Site Strategy Prior to work commencing on-site we propose to call a pre-start meeting, where the programme of works will be discussed and a letter of intent will be issued to the client.   When the contractor begins work on site we propose to take a monitoring roll.   On the first day of the work commencing on-site, as contract administrators, we will meet with the contractor and discuss site security, access, welfare facilities, deliveries and storage, and notify them of the time and date that snagging will be carried out. We propose to commence snagging 6 hours before the end of the construction phase, in order to give the contractor time to rectify any issues raised during the snagging process.   The snagging process will assess the quality of the work, the workmanship, and ensure all of the work complies with the clients specification.   We propose, as the contract administrators, to write the snagging list in conjunction with the foreman on site due to time constraints, of which a copy will be left with the foreman on site so that they can rectify any snags prior to the completion of the construction works. We propose to commence de-snagging once the contractor has informed us, as the contract administrators, that the construction work has been completed.   At this point, acting as the contract administrators, we will issue a certificate of practical completion and initialize the defects liability period, as determined in the contract.  Ã‚  Ã‚   References CLAMP, Hugh, COX, Stanley LUPTON, Sarah. (2003). Which Contract? Choosing the Appropriate Building Contract. 4th ed., London, RIBA Enterprises Ltd. Bibliography CHAPPELL, David. (2006). Construction Contracts, Questions Answers. Oxford, Taylor Francis. CHAPPELL, David. (2006). Contractual Correspondence for Architects Project Managers. 4th ed., Oxford, Blackwell Publishing Ltd. LUPTON, Sarah. (ed.) (2001). Architects Handbook Practice Management. 7th ed., London, R.I.B.A. Publications. LUPTON, Sarah. (ed.) (2000). Architects Job Book. 7th ed., London, R.I.B.A. Publications. ROY, Morledge, SMITH, Adrian KASHIWAGI, Dean T. (2006). Building Procurement. Oxford, Blackwell Publishing Ltd. MURDOCH, John HUGHES, Will. (2008). Construction Contracts, Law and Management. 4th ed., Oxon, Taylor Francis.

Womens Role In The Economy Essay example -- essays papers

Womens Role In The Economy â€Å"The Transfer of Women’s Work from the Home to the Market† â€Å"The transfer of women’s work from the household to commercial employment is one of the most notable features of economic development† (Lewis, Historical Perspectives on the American Economy P. 550). In colonial America there was a distinct sexual division of labor. Men were property owners and heads of households. A man’s responsibilities included staple crop farming, hunting, and skilled craftsmanship in order to produce commodities for market (An Economic History of Women in America Pp. 30-33). Women were responsible for a variety of different jobs. In the home and the fields women ensured the survival of the family. They were responsible for child rearing, housework, food processing, cloth and clothing manufacture, candle and soap making, household furnishings, and farm chores (EHWA P. 31). A few unmarried women would work outside the home as domestics or farm servants. Women would also handle the sale of handicrafts and household manufacture. In the early nineteenth century only a very small fraction of women in the United States worked in the agricultural, industrial, and service areas of the market sector. Wages of women relative to those of men were exceptionally low within the area of agriculture. With the spread of industry, relative wages for women increased, and their employment appeared to be linked to the technological advances of the factory system. As the country became more industrialized, more women began to work outside the home, in factories and in the clerical sector, and their wages began to increase relative to the wages of men. Late in the nineteenth century there was a rising demand for clerical workers. By 1890, only 18.2% of adult women participated in the labor market. Of that 19%, 40.5% were single women (aged between fifteen and twenty-four). Only 4.6% were married women. (HPAE P. 560) It was not until the twentieth century that married women entered the labor force in any substantial way. They first entered the labor force in the 1920’s when they were young, and later in the 1940’s and 1950’s, in their post-child-rearing years. There have been important gains in the participation of married women in the labor force, with particular age groups, or cohorts, affected during particular decades. I... ...ed women in America’s past frequently came from an economic necessity, but it has also implied economic autonomy. The rise of economic independence for women has resulted in many social and societal changes such as the formation of wider and less family-dependant social networks, a greater chance for marital dissolution, and the possibility of less constrained and structured gender roles (HPAE P. 571). Today, there are almost as many women in the work force as there are men. It is now a rarity for a woman to work exclusively within the home. In our current economy it is almost a necessity for both the man and woman to work outside the home in order for the household to survive. It was interesting to learn about the economic factors affected women’s participation in the work force in the past and relate that to women’s role in the work force today. Bibliography: Matthaei, Julie A. An Economic History of Women in America: Women’s Work, the Sexual Division of Labor, and Development of Capitalism. New York: Schocken Books, 1982. Whaples, Robert and Betts, Dianne C. Historical Perspectives on the American Economy. New York: Cambridge University Press, 1996.

Comparing Margaret Cavendish’s The Description of a New World, Called t

Comparing Margaret Cavendish’s The Description of a New World, Called the Blazing World and Sir Thomas More’s Utopia The so-called Utopia – the quasi-perfect society – flourishes in Margaret Cavendish’s â€Å"The Description of a New World, Called a Blazing World† and Sir Thomas More’s Utopia. While the former is a dreamlike account of fantasy rule and the latter a pseudo-realistic travelogue, both works paint a picture of worlds that are not so perfect after all. These imperfections glitter like false gemstones in the paths of these Utopians’ religious beliefs, political systems, and philosophical viewpoints. Religion and spirituality reach into the depths of the human psyche and strongly influence a nation’s way of life. In Margaret Cavendish’s â€Å"Blazing World†, the Emperor and the inhabitants of the Blazing World worship Margaret, who renamed herself Margaret the First. Highly revered as a deity by the people, Margaret is surprised to discover that females do not have a high place in the religious fabric of the Blazing World. Women are barred from religious assemblies, because it is â€Å"promiscuous† for men and women to be together during religious worship, so women must remain at home to worship in the privacy of their rooms (Cavendish 1767). Priests and governors are made eunuchs to safeguard them from women and children who, according to Margaret’s advisors, make too much disturbances in the church and in the state. In Sir Thomas More’s Utopia, women priests are highly regarded. However, churches here are also segregat ed – the men sit on one side and while the women sit on the other. Aside from thinking that the peoples of the Blazing World are segregated as Jews, Turks, or Christians because women are... ...r recognition should not exist, yet in More’s Utopia, these beliefs exist at the very heart of the citizen’s being. In both of the purported "Utopian" worlds, the imperfect religious traditions, rigid governing systems, and askew philosophical beliefs mar what are otherwise model worlds for all other nations to imitate. Margaret Cavendish and Sir Thomas More, in their differing styles, are able to convey that no world is perfect, but there is room for change, for everyone can fabricate their own imaginary worlds and travelogues. Works Cited Cavendish, Margaret. The Description of a New World, Called the Blazing World. 1666, 1668. Norton Anthology of English Literature. 7th ed. 2 vols. New York: Norton, 2000, 1: 1765-1771. More, Sir Thomas. Utopia. 1516. . Norton Anthology of English Literature. 7th ed. 2 vols. New York: Norton, 2000, 1: 1765-1771.

English Macbeth :: essays research papers

To What Extent is Macbeth pushed into killing king Duncan? Numerous people and factors push Macbeth into killing the king. The main factors are:  Lady Macbeth  The Witches and Fate  King Duncan  Banquo  Himself (Macbeth) I start with probably the most influential character upon Macbeth, his wife, Lady Macbeth. Lady Macbeth believes what the witches have said and therefore believes that she will become the queen. ‘Have I thought good to deliver thee’ She obviously has a great ambition and will do almost anything to fulfil her ambition. This shows a great evilness in her ‘And dashed the brains out’ She is also reluctant to accept Macbeths original thought of leaving the idea alone ‘What beast was’t then that made you break this enterprise to me’ She appears supremely confident about murdering Duncan even though Macbeth is not which also shows of her great ambition to succeed and become queen of Scotland. ‘We Fail? … But screw your courage… and we’ll not fail’ Lady Macbeth plans the murder from a very early stage even when Macbeth is unsure of what he is to do ‘When Duncan is asleep… his spongy officers, who shall bear the guilt of our great quell? Overall Lady Macbeths ambition, confidence and naivete is perhaps the major factor in pushing Macbeth into the murder of Duncan. She does not think of the consequences of the murder so she is 100% behind Macbeth killing Macbeth, which makes it difficult for Macbeth to go against her. Another factor is Banquo. The fact that Banquo knows of what the ‘imperfect speakers’ said is a major factor pushing Macbeth away from killing the King. If the King were to be murdered Banquo would be suspicious and would most likely suspect Macbeth of doing the evil deed of killing the king. This would obviously put Macbeth off. Another factor is that of the Witches. Without them Macbeth would most likely not think twice about killing the king. ‘All hail Macbeth, that shalt be king thereafter’ If someone were to just tell him this he would most likely not believe it but it was the fact that the witches had forecasted that he would be Thane of Cawdor and Thane of Glamis correctly. The witches forced him to think about being king but at first he expected to be made king without doing anything for it but he then realises there is only one way, to kill the king. This encounter with the witches has put him in two minds.

Teenager’s Lifestyle

Teenager’s lifestyle Nowadays, teenagers have changed in comparison with the teens in the past, taking into account eating habits, an active way of life, spending free time and clothes. They are a â€Å"technology† generation. For teens in todays’ world mobile phones, internet, music, movies, television and video games are very important. Most teenagers prefer watching TV and playing computer games to reading books. They don’t like reading because watching TV is easier and they don’t have to use their own imagination. Computer games teach but they are also harmful to health.Teenagers prefer to spend free time in front of a computer rather than to walk, play football or go to a swimming pool. Moreover, games transfer them into the world which doesn’t exist. It is very exciting for the youth. They meet with friends in such places as McDonalds. Teens eat there unhealthy food. They eat too much fast food. Every teenager needs a balanced diet, app ropriate personal hygiene and physical activities in the fresh air, for example, playing a ball, going running, swimming, driving on the bicycle, playing in tennis or walking.This should be for them more interesting than sitting for hours in front of a computer or TV because such a mode of life leads to the improvement of mood, health and physical shape.. Young people choose less healthy kinds of entertainment than sport, putting away bicycles in the corner. They eat too much fast, unhealthy food, which is very fatty and drink too many sugary drinks. This leads to obesity. However, nowadays young people, especially girls, allow themselves to grow fat, or torture themselves with diets, which leads to various diseases with physical basis like anorexia and bulimia.Young people must not give up food, especially breakfasts because skipping breakfast is a frequent cause of fainting which can cause frequent complications and even leads to death. It is crucial to limit the amount they eat, but only in a reasonable way, if at all possible after the consultation with the dietician. Young people have to remember, that a healthy lifestyle requires appropriate nourishment, but they also must not forget about personal hygiene.Personal hygiene plays a very important role in healthy lifestyle. It should be an indispensable element in the life of every young man. Its task is the maintenance and strengthening of health. Notable part of young people think that taking a shower once a week, wearing sweaty clothes and splashing over them with a deodorant is proper, but it is not. For example, before a young man goes to bed, he should develop a habit of not being able to fall asleep without having a bath first.Everyday toilet will prevent skin diseases as complexion of every person requires systematic nurturing: washing in soft water, abrasion, creaming and protecting before diseases. Therefore personal hygiene institutes an important part of healthy lifestyle and it cannot be skipp ed, just like physical activity. Physical activity has a large influence on young people lifestyle. Physical activity improves health condition in various ways. It helps the organism to utilize the calories better, which helps to maintain a desirable weight.Physical activity reduces the appetite and helps in the reduction of the fatty mass of the body. The beneficial influence of physical activity on health mood does not raise any doubts any more. The research reveals that regular training among the youth( and not only, but also by people at any age) is an important factor improving the health. However, too little popularity of psychical activities among the young people is a huge problem. It is a frequent and more and more general problem and causes various diseases such as: heart failure, lungs deficiency, spine problems etc.Here is a list of advantages of physical activity: †¢ reduces the risk of heart diseases †¢ protects before the osteoporosis, †¢ burning the ca lorie intensifies, †¢ favours the masses of the body to lowering and maintenance of the desirable weight, †¢ leads to the growth of the basic transformation of the matter, †¢ reduces the appetite †¢ helps in the reduction of the fatty mass of the body. Thanks to these useful tips, we can easily build the whole strategy of the healthy lifestyle in order to effectively fight with overweight and obesity.To get rid the excess of fat, we can cultivate different kinds of the sport, depending for age, sex or interests. However you should remember about warning of several principles so that our effort brings desirable results and does not harm our health. Another aspect worth mentioning is communication via the Internet, especially instant messaging, has become an essential feature of teens’ social lives. Teenagers say, that this can be very helpful to communicate, learn and can be fun.Through the Internet they can download music and other files and play on-line g ames, for example, with their real or virtual friends. What is more, cellulars are very popular among teenagers and can be used to do a lot of things: we can communicate with friends using them, have a nice time playing games, listen to music and also watch films. For a lot of young people mobile phones are indispensable and they simply cannot imagine life without them. Teenagers’ clothes in the twenty-first century have also changed a lot.The clothes they wear depend on current trends since it is important to follow fashion. School uniforms aren’t so popular today like in the past. Girls more often wear jeans than skirts, boys wear wide sweatshirts and trousers. The fact is that nowadays teens get dressed in clothes which are comfortable for them. All in all, it can be stated that the lifestyle of teenagers depends on many factors. It is connected with the constant development which is taking place and as a result is different from the lifestyle of young people in the past.Every young man should lead a healthy lifestyle independently of age or interests. This should be one of the things that you do every single day. According to many scholars that is the liability of every man, and everyone should try to take the advantage of this life the best he or she can. Young people should be aware of positive influence of healthy lifestyle on health and mood. This in effect would give them better results in studying and what is more important they would be pleased with good health much longer.

How to Score A1 Grade in English Subject of Ssc

English – Study Plan Planning your study helps in making it extensive and thorough. Given below are some guidelines that may help you to score high in each section of SSC English papers. Answering questions based on the lessons in the main reader: Start by studying the questions for comprehension asked after each lesson at least a few times, which helps in grasping the important topics that can be asked in each lesson. Then take up a more detailed approach for a deeper understanding of each lesson-to understand questions better and know the necessary points to be written for each question.Make a note of the important topics-whichever can be asked as questions. Don’t depend entirely on the questions given after each lesson. Meanings: Keep a dictionary beside you while reading lessons to look up the meanings of words you are not so sure of the meaning. Also a dictionary/thesaurus gives a list of similar meaning words. Meaning of the underlined word: Knowing the different ways a word can be used and the meaning it conveys in each context helps you score marks in the ‘meaning of the underlined word’ section.Ask the teacher for the subtle differences in meanings and usages of those words. Pronunciation: Listen carefully when the teacher pronounces unfamiliar words. Listening is the way to recognize sounds in a language. This will help in recognizing similarly pronounced words and rhyming words. Spellings: While reading a lesson, observe the spellings and make note of words which may be mis-spelt. E. g. : enmity, pilgrimage, austere etc. This helps in recognizing the wrongly spelt words and correcting them. Read the exercises after each lesson also with a critical eye.Practice solving old question papers, bit banks etc and keep evaluating yourself-your strengths and areas that need more work. Rewriting sentences as directed: Practice the different sentence structures (Direct- Indirect speech, Active-passive voice, conditional clauses, parti cipial clauses, relative clauses etc). Structures taught in 8th and 9th classes also need to be revised. Passages for comprehension: Practice the passages for comprehension-the unseen passages of Paper I and the passages from the supplementary readers in Paper-II. The questions following these passages are for one mark each.So they have to be answered briefly, in a sentence or two. After reading the passage, read all the questions, before attempting to answer them. Two or more questions might seem similar. You need to understand how each question is different from another, to answer them well. Read the relevant part of the passage repeatedly to arrive at a concise, precise answer. Answering questions based on the lessons in the supplementary readers: This is the only section in English question paper that allows the students to choose the questions which they can answer the best.The questions may not be the ones that are given after each lesson in the supplementary readers. So a tho rough reading of the lessons is absolutely necessary. Scrambled sentences: The sentences in a passage are jumbled up. The order of the sentences doesn’t convey the meaning correctly. It is necessary to re-arrange the sentences logically, so that they become coherent and connect to each other. Only the letters corresponding to the sentences are to be written in the right order.Writing an argumentative passage based on the given dialogue: Understand the topic being discussed and express your views on the topic. Depending on the topic under discussion, you may argue on one or both sides. It is advisable to divide the argument into a few paragraphs-at least three. State briefly your opinion in the first paragraph. Then go on to express your views, and finally give your conclusion in another paragraph. Letter-writing: Go through the letters given in the previous SSC exams. Practice writing different letters.Understand the difference in style of writing different kinds of formal le tters. Business letters: A business letter-answering an advertisement, is different from a letter written to the Editor of a newspaper to be read by the general public. In a business letter we focus on the purpose of writing the letter-applying for a job or educational course. When you are applying for some educational course you need to tell them what attracted you to the course and why you think that course would be helpful to you.When you are applying for a job, you have to mention that your qualifications suit those required for the job. Lay emphasis on the qualities in you that you think would make you a suitable candidate for the job. Express your eagerness to impress the employer with your sincerity. Â ¤ Understand each new word introduced-the subtle differences in similar meaning words-and how they are used. Â ¤ Pay attention to the textual exercises given after each lesson. They are valuable guidelines to develop a good understanding of the language. Link every new word, to words of similar meaning you learnt earlier. Â ¤ The SSC exam tests the knowledge of the student-it includes words and usages introduced in the earlier classes as well. Â ¤ Listen and read extensively-to develop a better vocabulary. Â ¤ Use the words you have newly learnt at every opportunity-in writing letters and in writing your argument based on a dialogue. Â ¤ Understand the difference between formal and informal expressions. Know the vocabulary to be used in each context. Â ¤ Last but not the least-WRITE IN A NEAT, LEGIBLE HANDWRITING. Avoid striking off or overwriting.