Thursday, November 14, 2019
Write a Letter Requesting a Donation :: Donation Letter Security Safety
October 1, 2002 To Customer List Customer Address Line 2 Customer Address Line 3 Customer Address Line 4 Dear [Customer Name]: Will You Join Me In Protecting Our Community? I am sending this to you as a fellow member of the Rolling Acres community. I'm sure that you value living in a quiet and peaceful neighborhood, just like I do. You know, sometimes in order to keep one's community "quiet and peaceful" one has to take action. That's what this letter is all about - taking action - community action. By now, via media reports and word of mouth you must be aware of the significant increase in house break-ins in this neighborhood over the past couple of years. In fact, the break-in rate has more than doubled over the past three years. According to the police this is just a sign of the times changing as the economic downturn continues and local businesses and factories continue to close their doors for good. As you may know, a local Community Action Committee has been meeting over the past four months to try and find ways to reduce the break-in rate in Rolling Acres. Last week they released their recommendations on how to best combat the problem. Their primary recommendation calls for increased police and security patrols to supplement the local Neighborhood Watch program. They estimate that the extra cost to double nighttime (after dark) security patrols by Security Inc. will be in the range of $14,000 to $19,000 per year. Unfortunately, this amount is not included in this year's municipal budget allocation and there are no additional funds available to us. Therefore, as a concerned member of this community I have decided that my business will take the lead in assisting with this year's security control budget. Accordingly, Bubbas's Hardare will donate $1 for every $2 raised in the community to cover the additional security costs. I urge you to join me today in supporting this worthy cause for the common good of our community.
Tuesday, November 12, 2019
Development of the Resulting Trust Essay
A resulting trust is defined and described as ââ¬Å"a situation in which a transferee is required by equity to hold property on trust for the transferor; or for the person who provided the purchase money for the transferâ⬠(Martin 1993, p. 233). Thus, a resulting trust arises when a person holds a property for another notwithstanding the fact that the former has the legal title in his name but holds the property as fiduciary for the benefit of the original title owner of the one who gave value therefore. Robert Chambers (1997, p. 9) classifies the situations under which a resulting trust may arise as, i. e. ââ¬Å"apparent gifts, trusts which fail and quistclose trustâ⬠which shall be discussed at length in the next section. Apparent gifts refer to properties which are transferred gratuitously in favor of another or consideration for its transfer and there is failure on the part of the recipient to prove that said property is given as a gift. Such failure creates a presumption that the recipient holds it in trust for the transferor (Chambers 1997, p. b11). This presumption, however does not apply in cases where properties are provided by the father to his children or husbands in favor of their wives. In this case, the presumption of advancement will have to apply, thus the recipient shall have the right to enjoy the property unless it is proven by evidence that the property was not given or transferred as a gift (Chambers 1997, p. 11). ââ¬ËTrusts which fail ââ¬Ërefer to express trusts that have failed. This category is further classified depending on whether the transfer was made on trust, into 1) presumed and 2) automatic (Chambers 1997, p. 40). It is considered as automatic when the transfer is made on trust but some or all the beneficial interest has not yet been disposed of and presumed when it is not made on trust. There is a presumption of advancement that is created for one to hold the property in trust including the beneficial interest in favor of the other (Chambers 1997, p. 40). The third classification is quistclose trust. This term originated from the case Barclays Bank Ltd. v. Quistclose Investments Ltd. The case involved money that was loaned for a specified purpose was held in trust for the benefit of the lender when it became impossible to fulfill the obligation [Barclays Bank Ltd. v. Quistclose Investments Ltd. , (1970) A. C. 567]. Discussion As previously discussed, gifts which were not proven as such are considered apparent gifts which gives rise to application of the presumptions of resulting trust or advancement. Both of these presumptions are ââ¬Å"presumptions of facts, that fact being the intention of the person who has provided property to anotherâ⬠(Chambers 1997, p. 11). In explaining the presumptions, Lord Diplock in the case of Pettitt v. Pettitt, clarified that the presumptions are the courtââ¬â¢s manner of imputing intent when it is relevant and important as it affects legal outcome and there is no evidence from which to infer intent [Pettitt v. Pettitt (1969) UKHL 5]. These presumptions are but a ââ¬Å"consensus of judicial opinionâ⬠and are susceptible to change. The rule is that based on primary set of facts, the presumptions will apply and from the set of secondary facts, court can now presume the intent of parties (Chambers 1997, p. 11). In the Pettitt case, the legal title to the home belongs to the wife alone. Lord Upjohn stressed that any conveyance of a property when placed under the name of one spouse is considered also conveying beneficial title over it to the named spouse [Pettitt v. Pettitt (1969) UKHL 5]. Any improvements made by the husband did not give rise to interest in the absence of any agreement. He dismissed the application of the doctrine of resulting trust by applying the principles in the case of Dyer v. Dyer (citing 2 Cox 92 set out in full in White and Tudorââ¬â¢s Leading Cases in Equity 9th edition Vol. II page 749) where the doctrine was rebutted by the fact that the nominee was a child. There is a presumption of advancement which means that it is presumed to have been given as a gift because of the partiesââ¬â¢ relationship. The presumptions can only come into play in the absence of evidence from which intentions of the parties can be inferred from and absence of consideration. He argues that similarly, this rebuttal must apply in the case of a wife [Pettitt v. Pettitt (1969) UKHL 5]. Barry and Cassell (1999, p. 1) summarized the possible situations relative to family home into 1) ââ¬Å"where property is paid for by two or more people, but is conveyed into the name of one of themââ¬âin this case there is a presumption which is created to the effect that the registered owner holds the property in trust for those contributed by paying the purchase price or mortgage payments of the property. Thus, a resulting trust arises. As enunciated in a landmark case of Lloyds Bank Ltd v Rosset (1991) a claim of interest would mean payments that should have been made are for the part of the purchase price or mortgage payment. Any other contribution is not deemed by law as a claim to interest except in cases of divorce or separation, where substantial contributions have been made pursuant to section 37 Matrimonial Proceedings and Property Act 1970 [Lloyds Bank Ltd v Rosset (1991), 1 AC 107]. The second situation would be when an owner of a property transfers said property to another. The latter therefore is presumed to hold it in trust for the former. This, however is a refutable presumption and may admit of proof of to the contrary (Barry and Cassell 1999, p. 1). The second type of resulting trust is an express trust which failed. The categories of this type were distinguished in the case of Re Vandervellââ¬â¢s Trusts by Megarry, J. as presumed and automatic (Chambers 1997, p. 40). Presumed resulting trust refer to a situation where a property is transferred by A to B. However, the transfer was not made on trust. In this case, there arises a presumption, considering the failure for a provision, the absence of consideration and any presumption of advancement, which B holds on resulting trust in favor of A (Todd 1998, p. 1). On the other hand, automatic resulting trust refer to ââ¬Å"transfer to B is made on trusts which leave some or all of the beneficial interest undisposed ofâ⬠(Todd 1998, p. 1). The automatic trust is automatically created by the failure to dispose the beneficial interest, in whole or in part to A. This does not require presumptions or intent. Another classification was devised in the case of Westdeutsche Landesbank Girozentrale v Islington London Borough Council [Westdeutsche v. Islington BC(1996) A. C. 669], as follows: a) in cases where a total or partial payment is made by A to B of a property in the name of B or in both A and B. A rebuttable presumption arises that the property or money is a resulting trust held for A or if property is under the names of both A and B, then in shares equivalent to the amount they have contributed. (Wilson 2007, p. 151). This presumption can be refuted by a presumption of advancement or evidence that A actually intended a transfer and b) when by virtue of an express trusts; the entire beneficial interest is not conveyed or transferred (Wilson 2007, p. 151). According to Megarry J. in the case of Re Vandervellââ¬â¢s Trusts (No. 2), the second type is an automatic resulting trust. However, it is should be stressed that resulting trusts are presumptions which arise due the absence of intentions and not imposed by law which in effect are constructive trusts (Wilson 2007, p. 151). For instance in the case of Re West Sussex Constabularyââ¬â¢s Widows, Children and Benevolent Fund Trusts, it was ruled that should the person abandons his beneficial interest in a trust property, the beneficial interest over the portion which was undisposed necessarily belongs to the Crown as ââ¬Å"bona vacantiaâ⬠[Re West Sussex Constabularyââ¬â¢s Widows, Children and Benevolent Fund Trusts (1971)] Ch 1]. The third type of resulting trusts is quistclose trust. The name originated from the case Barclays Bank Ltd. v. Quistclose Investments Ltd. [(1968) UKHL 4, (1970) A. C. 567]. Rolls Razor could not meet the dividend payment so it borrowed money from Quistclose Investments. This borrowed money was placed in a separate account at Barclays Bank which was opened specifically for the purpose of dividend payment. This dividend payment was not made and thereafter, Rolls Razor filed for voluntary liquidation. Both Barclays and Quistclose Investments filed a claim. The House of Lords ruled that the amount of money in the special account belonged to Quistclose because it was in the nature of a resulting trust [Barclays Bank Ltd. v. Quistclose Investments Ltd. (1968) UKHL 4, (1970) A. C. 567]. The requisites for a quistclose trust to exist: ââ¬Å"the loan is for a specified purpose and does not create a trust in favor of the recipient and the lender does not retain full equitable ownership of it because it is transferred to the recipient upon the condition that it shall be used only for the specified purpose;â⬠should the purpose fail, a resulting trust is created in favor of the lender; and, (Chambers 1997, p. 68). There are two level of trusts structure, i. e. primary which refers to the payment of the loan for the specified purpose and the secondary trust level which refers to the trust in favor of the lender should the loan be not used according to the specified purpose [Barclays Bank Ltd. v. Quistclose Investments Ltd. (1968) UKHL 4, (1970) A. C. 567]. Another case to illustrate the point is Twinsectra v Yardley, the moneys borrowed from Twinsectra for Yardley with an undertaking of the solicitor of Yardley was for the purpose of purchasing a property but the moneys were not applied to said purpose and thereafter Twinsectra sought to recover the loss. Lord Millett made a lengthy discussion of the quistclose trust that it is not contractual but fiduciary. It creates a primary and secondary trust. The lender acquires beneficial interest over the money subject to the condition that it shall be applied for the specified purpose [Twinsectra v Yardley (2002) UKHL 12]. Analysis & Conclusion The presumptions described above arise when there is no evidence from which the intentions of the parties can be inferred. These presumptions have been criticized as being outmoded and not in keeping with the realities of the times. One of the criticisms is the use and application of ââ¬Ëimputedââ¬â¢ in intention. In the Pettitt case as well as in Gissing v. Gissing, a majority expressed dissent and rejection over the use of imputation and suggested the use of ââ¬Ëinferenceââ¬â¢ [Stack v. Dowden (2007) UKHL 17, (2005) EWCA Civ 857, s. 125]. Inference refers to an objective deduction of the actual intent of parties given the acts and circumstances while an imputed intention is ââ¬Å"one which is attributed to the parties, even though no such actual intention can be deduced from their actions and statements, and even though they had no such intention. Imputation involves concluding what the parties would have intended, whereas inference involves concluding what they did intendâ⬠[Stack v. Dowden (2007) UKHL 17, (2005) EWCA Civ 857, s. 126]. The presumption of advancement has been criticized as being anachronistic and weak [Pettitt v. Pettitt (1970) AC 777 p. 824]. Lord Diplock explained that it no longer finds relevance in the modern genre as it can only find application during the 19th century of the propertied classes while Lord Hodson opined that it may only be of some use when there are no living witnesses from which inferences can be made of the intent of the parties [Pettitt v. Pettitt (1970) AC 777 p. 811]. It also has been rejected as one which is gender biased. The presumption of advancement is grounded on situation where gifts are transferred by the father, fiance (male to the daughters, wives (female) and does not provide the reverse but possible situations. In fact, it was further criticized as being in contravention of the Seventh Protocol to the European Convention on Human Rights relative to equality of rights and responsibilities between spouses and their children including the enjoyment of these rights without discrimination based on sex (Law Commission 2008, p.2-3). There have been moves made by the UK government to abolish the presumption but the proposed bill did not get to the second reading (Law Commission 2008, p. 3). The presumption of advancement was also criticized for perpetuating illegal transactions. As in the case of Tinsley v Milligan, where spouses jointly bought a house but the title was placed under the name of one of them so that the other can collect social security benefits. When both separated, the House of Lords applied the presumption of resulting trust [Tinsley v Milligan (1994) 1 AC 340]. Another issue is the beneficial interest. Dr. Chambers, in his book Resulting Trusts believes that beneficial interest is in the borrower because the lender has neither intention to transfer the entire beneficial interest nor the intention to retain it and considering that the transfer of beneficial interest is not in its entirety, the resulting trust is the default trust [Twinsectra v Yardley (2002) UKHL 12]. The Court of Appeal in the Twinsectra case holds the belief that the beneficial interest is in suspense. Both analyses cannot however explain the reason why the Court of Appeal allowed proprietary relief/remedy against the recipient of the misapplied funds unless the funds belonged to Twinsectra even before the misapplication; otherwise, there is no logical explanation for allowing remedy in favor of the third parties [Twinsectra v Yardley (2002) UKHL 12. An analysis of the explanation of Wilberforce L. in the Barclays case of primary and seconday trusts reveals that the resulting trust will arise only after the moneys have been used for another purpose other than the one specified and consequently, the lenderââ¬â¢s interest to secure the moneys will be after the breach of contract. Therefore, it can be said that the interest of the lender to secure the moneys would be too late for certain circumstances. The resulting trust only arises when the loan is misapplied or paid for a purpose other than the specified purpose. However, insolvency can be possible to occur and pre date this breach of contract. By following Wilberforceââ¬â¢s interpretation, the lender cannot make a claim of resulting trust because his security interest has not yet arisen (Hudson 200 p. 6). On the other hand, the Twinsectra case, Milletââ¬â¢s L. version is that equitable interest is retained through out the period of the contract of loan. This is precisely an express trust where the lender retains equitable interest from the time the loan is entered into therefore he has security of interest even before the breach of the contract (Hudson 200 p. 6). This however, involves retention of title which destroys the essence of a resulting trust. The preferred analysis would be that it should be an express trust. However, the UK judicial system has not enunciated this principle in a case before it. It was only in Australia that this was made (Hudson 200 p. 8). Much is to be desired in the reform of resulting trusts that the Law Reform would need to address in terms of legislation and its effects on other cases. Reference List Barclays Bank Ltd. v. Quistclose Investments Ltd. (1968) UKHL 4, (1970) A. C. 567, viewed 23 March 2008, Barry, R and Cassell, E 1999, Trusts and family home: resulting trusts. University of Essex, viewed 21 March 2008, < http://www. luiss. it/erasmuslaw/uk/Ingh5. html> Chambers, R 1997 Resulting trusts, Oxford University, Clarendon Press, pp. 1-45. Hudson, A 2006 Fundamental of quistclose trusts, viewed on 24 March 2008, Law Commission 2008, Presumption of advancement: does it have any effect in practice? Law Commission Law Reform UK web site, viewed on 23 March 2008, < http://www. lawcom. gov. uk/docs/presumption_of_advancement. pdf. > Lloyds Bank Ltd v Rosset (1991), 1 AC 107, viewed on 21 March 2008, http://www.bailii. org/uk/cases/UKHL/1990/4. html Martin, J 1993, Hanbury and Martin: Modern equity, 17th edn, London, Oxford University, pp. 1-226. Pettitt v. Pettitt, [1969] UKHL 5 (23 April 1969), viewed on 21 March 2008, http://www. bailii. org/cgi-bin/markup. cgi? doc=/uk/cases/UKHL/1969/5. html Stack v. Dowden (2007) UKHL 17, (2005) EWCA Civ 857, viewed on 23 March 2008, http://business. timesonline. co. uk/tol/business/law/article1704361. ece Tinsley v Milligan (1994) 1 AC 340, (1993) UKHL 3, viewed on 23 March 2008, < http://www. bailii. org/cgi-bin/markup. cgi? doc=/uk/cases/UKHL/1993/3. html> Todd, P 1998, Introduction: resulting trusts. Our World web site, viewed on 21 March 2008, http://ourworld. compuserve. com/homepages/pntodd/trusts/informal/res_tr. htm Twinsectra v Yardley (2002) UKHL 12 UK Parliament web site, viewed on 23 March 2008 < http://www. publications. parliament. uk/pa/ld200102/ldjudgmt/jd020321/yardle-1. htm> Wilson, S 2007, Todd & Wilsonââ¬â¢s Textbook on Trusts, Eighth edn. , London, Oxford University Press, pp. 150-152. Westdeutsche Landesbank Girozentrale v Islington London Borough Council (1996) A. C. 669, (1996) UKHL 12, viewed on 24 March 2008, http://www. bailii. org/uk/cases/UKHL/1996/12. html
Sunday, November 10, 2019
Global Political Economy Essay
Sustainable development is defined as development that allows us to meet our current needs without destroying the means of livelihood of future generations. There are three basic elements of sustainable development: (1) economic growth; (2) social development; and (3) environmental protection. Undoubtedly, all of these elements concern our world as a whole. Thus, it is essential to acknowledge that the health of the planet is synonymous with the health of the living beings that occupy it. Protecting the health of the planet is the mutual responsibility of all citizens of the world. Since the planet is limited with respect to its size and resources, it is a sure responsibility of all governments of the world to collectively ensure that all citizens of the globe have somewhat equal if not absolutely equal access to its resources. There are countless ways to distribute essential resources relatively equally. What is required apparently is more practice than preaching; that is, governments must be diligently finding ways to overcome global economic and environmental problems, and acting on proposed solutions. There are plenty of global issues requiring immediate outcomes and solutions. It would be wise to answer their call with immediate action. The Wal-Mart Effect: How Wal-Mart Affects the Economy Wal-Mart Stores Inc. is the worldââ¬â¢s largest retailer, able to force its small competitors to shut down business as well as drive down wages. On a positive note, the retailer helps to keep down prices or inflation, and productivity at a high level. Wal-Mart sells goods at unbeatable prices. It thus ââ¬Å"strikes fear into the establishment of every new industry it considers entering (Shaw et al. ). â⬠Presently, Wal-Mart is expressing its desire to enter the banking industry in the United States. However, the banking industry is thoroughly intimidated by the kind of competition it would have to deal with. Wal-Mart is certain to be of financial service to the low-income consumer ââ¬â if it does enter the banking industry in the United States, full-fledged. At least one-fifth of Wal-Mart consumers are low-income families that cannot afford to pay the high prices charged by most consumer banks and financial organizations in the United States (Weston). Hence, many low-income families do not have bank accounts in the country. Wal-Mart would like to change that, by offering unbeatable prices in the banking sector as well (Zellner). Whether the retailer has a greater positive or negative impact on the economy is, therefore, debatable. Is Capitalism Good for the Poor? A large number of people around the world are of the opinion that capitalists make profits at the expense of the poor. Others believe that capitalists provide jobs to the poor, thereby raising their standards of living. In early September, 2006, a toxic waste dumping scandal of truly globalized proportions came to light in the Ivory Coast. The Probo-Koala, a tanker chartered by the London-based shipping company, Tranfigura, set off from Amsterdam carrying four hundred metric tons of petrochemical waste to dump in Abidjan, the port city of the Ivory Coast (Vidal; ââ¬Å"Ivory Coast Toxic Tanker Impounded by Estoniaâ⬠). Tranfigura informed the Amsterdam Port Services that the waste was absolutely ââ¬Å"conventional (Vidal). â⬠However, it was later discovered that the waste contained hydrogen sulfide, which happens to be a poisonous gas, smelling as rotten eggs (ââ¬Å"Ivory Coast Toxic Tankerâ⬠). At least ten people lost their lives in the weeks immediately following the incident in the Ivory Coast (Vidal). Moreover, seventy five thousand people are known to have sought medical treatment with complaints of nausea, nose bleeds, breathlessness, vomiting, diarrhea, skin damage, headaches, and swollen stomachs (Vidal; ââ¬Å"Ivory Coast Toxic Tankerâ⬠). This incident was recognized as an illustration of the growth of capitalism at the expense of the Third World, regardless of the fact that capitalists provide jobs to the poor and develop their economies in the process. Works Cited ââ¬Å"Ivory Coast Toxic Tanker Impounded by Estonia. â⬠Environmental News Service. 28 Sep 2006. 13 Nov 2007. . Shaw, Hollie, and Carrie Tait. ââ¬Å"Wal-Mart eyes banking: Financial services in Canada: Itââ¬â¢s a way to strengthen ties with its customers: analyst. â⬠CanWest Interactive. 31 October 2006. 13 Nov 2007. . Vidal, J. ââ¬Å"UK Class Action Starts Over Toxic Waste Dumped in Africa. â⬠Guardian Unlimited. 8 Jan 2007. 13 Nov 2007. . Weston, Liz Pulliam. ââ¬Å"National Bank of Wal-Mart? â⬠MSN Money. 2007. 13 Nov 2007. . Zellner, Wendy. ââ¬Å"Wal-Mart: Your New Banker? ââ¬â Wal-Mart Canââ¬â¢t Be Or Own A Full-Fledged Bank ââ¬â Yet ââ¬â But Its Partnerships And In-Store Financial Services Are Giving The Industry Jitters. â⬠Business Week. 7 February 2005.
Thursday, November 7, 2019
Asthma essays
Asthma essays Asthma is a condition of the bronchial tubes characterized by episodes of constriction and increased mucous production. A person with asthma has bronchial tubes that are super sensitive to various stimuli, or triggers, that can produce asthma symptom. In other words, asthmatics have special sensitivity that causes their lung tissue to react far more than is should to various stimulating factors or triggers. For this reason, people with asthma are said to have "twitchy airways." Some symptoms that people with asthma commonly experience are chest tightenings, difficulty inhaling and exhaling, wheezing, production of large amounts of mucous in their windpipes and coughing. Coughing can be frequent or intermittent, and can be loose-reflecting extra mucous secretion in the airways or dry and deep-reflecting tight bronchospasms. Not all these symptoms occur in every case of asthma. Sometimes people may have coughing without and symptoms for months or even years before it's realized that they are asthmatic. Interestingly enough, asthma symptoms are most severe at night, while we're lying down our airways narrow as a result of gravity changes. Also our lungs do not clear secretions as well at night, which leads to mucous retention, and that can increase the obstruction to air flow. Furthermore, at night our bodies produce smaller amounts of certain chemical that help to decrease airway spasms and keep airway tubes open. All of these factors add up to a greater chance of symptoms worsening at night. An asthma attack begins when the smooth muscles in the walls of the bronchial tubes start to tighten and narrow when they are exposed to a trigger when this bronchospasm occurs, air can't flow into or out of the lungs. To make matters worse, mucous enters the narrowed bronchial tubes and plugs them up, causing a further decrease in air flow. The bronchial tubes seem to close down, and air moving through these narrowed breathing passag ...
Tuesday, November 5, 2019
The Anticipatory It in English Grammar
The Anticipatory 'It' in English Grammar In English grammar, anticipatory it involves the placement of the pronounà it in the usual subject position of a sentence as a stand-in for the postponed subject, which appears after the verb. It is also called anà extraposed subject. Anticipatory ità tends to place the emphasis on the verb or (more commonly) on the noun phrase that follows the verb.à When the subject works better at the end of the sentence,à anticipatory it is often the best way to go, and its commonly heard in everyday speech and found regularly in all types of writing. Shifting Nominal Clauses to the End Gerald C. Nelson and Sidney Greenbaum discuss nominal clauses in An Introduction to English Grammar (2013): It is unusual to have a nominal clauseà as the subject of the sentence:à That they canceled the concert is a pity. Instead, the subject is usually moved to the end (the postponed subject), and its position is taken by it (the anticipatory subject):à Ità is a pity that the concert was canceled. Here are some more examples: Ità is likelyà that well be moving to Glasgow. Ità doesnt matter to meà who pays for my ticket.Its impossibleà to say when they are arriving. Ità has not been announcedà whether negotiations between the employers and the employees have broken down. The exception is that nominalà -ingà clausesà are natural in the normal subject position: Having a good self-imageà keeps me sane.Living in Franceà was a wonderful experience. Anticipatory It, Dummy It, and Preparatory It Bas Aarts, Sylvia Chalker, and Edmund Weiner sort through more grammatical it details in The Oxford Dictionary of English Grammar fromà 2014. In the first sentence below,à it is an anticipatory subject (the grammatical subject), and in the secondà sentence it is an anticipatory object: Ità is betterà to have loved and lostà than never to have loved at all.I takeà it that you agree with me. Thereà is considerable confusion in the usage of the terms available to describe the various functions of the word it. For some grammarians,à anticipatory it (used withà extraposition) andà preparatory ità areà identical, but they distinguish this usage fromà dummy it,à as inà It is raining. Others use all or some of these terms differently or use one of them as an umbrella term. Examples of Anticipatory It It is a shame that the break-in wasnt immediately reported to the police.It is clear that inadequate resources will have an impact on the care of children with disabilities.à Its no concern of mine what happens in this village, so long as my customers dont quarrel when theyre in here. John Rhode (Cecil Street), Murder at Lilac Cottage (1940)It is time you stoppedà working. You are the head of the family and it is right that you should be at home to see that everything is in order. Masti Venkateshaà Iyengar, The Curds-Seller in Best Loved Indian Stories, Volume 2 ed. byà Indira Srinivasan and Chetna Bhatt (1999)
Sunday, November 3, 2019
Critically analyse the situation facing Lucky MT, drawing on your Essay
Critically analyse the situation facing Lucky MT, drawing on your learning across the entire module. What recommendations would - Essay Example At the same time, one of the owner partners is not comfortable with the joint venture while the other is very comfortable. These issues may be related to the formation of the joint venture and the subsequent launch. It seems that a lot of issues were not looked at well including Lack of proper organization, lack of good launch and operation strategy, lack of a good exit strategy, diverging interests in the joint venture and the increasing competition from other companies in the same field and in other regions. Lucky MT needs to revise its strategy and come up with a better organizational structure, improved outsourcing strategies, international cultural management skills and drafting policies and regulations to be followed by the partner companies, the management of the joint venture and the employees. Addressing these issues can assist in encouraging common goals between the partners which is critical in withstanding the current storm of issues and to get more customers to increase profitability and encourage better growth. This information also provides knowledge to other companies that may be thinking on the lines of establishing joint ventures in the future. Lucky MT overlooked many things which are discussed below and recommendations provided. Nature of Joint Venture Business While Lucky MT found it necessary to form joint venture, which is beneficial to the company in sharing capital expenditures and risks, the company did not do well in this department. Looking at the company, it was initially founded by two companies. Later, the two companies decided that the joint venture, Lucky MT gets to a joint venture with another company in Singapore to participate in the international market better and more easily while getting a competitive edge. However, the partners in the joint venture overlooked the consequences of getting into joint ventures with international companies. As the partners confirm, the involvement in many joint ventures decreased the profit sh are of each partner involved (Lucky MT document Pages 3). When looking to get into joint ventures, the partners should look for businesses that can generate enough profits for all the partners involved. However, this was not the case for the Lucky MT. The partners chose the Electronic Manufacturing Industry which is quite profitable. However, this industry is capital intensive and also very expensive to maintain. Basing on that the company is relatively small; it would be a challenge to maintain the business. At the same time, the returns from the industry were quite small compared with the investment made in the Joint Venture in Singapore. The returns of the company were 2.5 million dollars in the year 2000. Being an international joint venture with several partners, this is little profit and each of the partners gets a little share of the profit. An international venture would be expected to generate good profits for each partner to get good profits. However, a joint venture gener ating good profits has been just a pipe dream. According to Dennis Campbell and Antonida Netzer (2009), joint ventures take a long time before they become profitable. In addition, they also take longer to break even which may be a challenge to the partners of the venture. Top of Form Bottom of Form This discourages many of the joint venture partners as they expect profits when they get involved in the ventures. It is no wonder that Dennis
Friday, November 1, 2019
Class learning log Research Paper Example | Topics and Well Written Essays - 750 words - 1
Class learning log - Research Paper Example The term competitive intelligence is not as old or common as marketing or finance, neither it is separable from the other operations of any organization. It signifies continuous effort of a company to maintain its position in the era of cut throat competition and bring value to its stakeholders. The two most significant learning in the Competitive Intelligence class for me has been the Intelligence Cycle and KITS (Key Intelligence Topics). Both these processes have different significance. The Intelligence cycle consists of stages of Planning, Collection, Analysis and Dissemination and an extension of the traditional competitive intelligence. At the same time, KIT is the process of identifying and prioritizing the key intelligence needs for the senior managers. Interestingly the six CI question of the beginning of the first class created much of interest. This class talked about the recognition and respect of the profession, applicability of law, disclosure of information, confidentiality of information, conflicting issues and ways to avoid conflicts of interests in fulfilling oneââ¬â¢s duties, ethical standards and many more. This was the first experience of knowing understanding different aspect of business environment can bring an opportunity to leverage on as well as negligence can be fatal for the survival of the organization. Understanding of environment provides an opportunity to change it. Deeper is the profile and intelligence, broader is the understanding of elements of environment and easier it will be for a business professional to get clues from the environment as warning and develop strategies that can either help in preparing for unforeseen circumstances or leverage on that too. There are various terms given to competitiv e intelligence such as foresight, insight, environmental scanning, peripheral vision, competing through analytics and business
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