Saturday, August 31, 2019
Kraft Foods Board of Directors Essay
Reviewï ¼Å¡ Kraft Foods Inc. is a global snacks powerhouse with an unrivaled portfolio of brands people love. The Compensation Committee of the Board of Directors of Kraft Foods Group, Inc. will discharge the Boardââ¬â¢s responsibilities relating to compensation for executives and independent directors. In fulfilling its responsibilities, the Committee will have full access to all of Kraftââ¬â¢s books, records, facilities and personnel. The Committee will also have the authority to conduct investigations and to retain independent counsel and advisers, as it determines necessary to carry out its duties and responsibilities, including sole authority to engage, retain, approve fees and other retention terms of, and terminate compensation consultants. ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â- HPââ¬â¢s Board of Directors Name/Title| Current Board Membership| Ralph V. Whitworth, 57Independent Non-Executive Chairman| Sovereign Bank, Na (pennsylvania), Hewlett-packard Co.| Meg Cushing Whitman, 57President, Chief Executive Officer & Director| Hewlett-packard Co., Zipcar, Inc., The Nature Conservancy, Inc., Teach For America, Inc., Zaarly, Inc., Procter & Gamble Co.| Marc L. Andreessen, 41Independent Director| Tinyco, Inc., Zend Technologies, Inc., Glam Media, Inc., Kno, Inc., Ebay, Inc., Stanford Hospital & Clinics, Hewlett-packard Co., Hewlett-packard Development Co. Lp, Facebook, Inc., Skype Sarl, Tidemark Systems, Inc.| Ann M. Livermore, 54Director| Hewlett-packard Co., United Parcel Service, Inc., Lucile Packard Childrens Hospital| Rajiv Lochan Gupta, 67Lead Independent Director| Hewlett-packard Co., Information Resources, Inc., Avantor Performance Materials, Inc., Stroz Friedberg Llc, The Vanguard Group, Inc., Delphi Automotive Llp, Affle Pte Ltd., Tyco International Ltd., The Conference Board, Inc., Delphi Automotive Plc| Shumeet Baner ji, 53Independent Director| Hewlett-packard Co.| Gary M. Reiner, 58Independent Director| Hewlett-packard Co., Box, Inc., Norwalk Health Services Corp., Appirio, Inc., The Norwalk Hospital Association| Patricia F. Russo, 60Independent Director| Alcoa, Inc., General Motors Co., Kkr Management Llc, Kkr & Co. Lp, Hewlett-packard Co., Merck & Co., Inc., The Partnership For A Drug-free America, Inc.| Ray J. Lane, 66Lead Independent Director| Alertenterprise, Inc., Spikesource, Inc., Virsa Systems, Inc., Visible Path Corp., Xsigo Systems, Inc., Elance, Inc., Hewlett-packard Co., Special Olympics, Inc., Greatpoint Energy, Inc., Ausra, Inc., Quest Software, Inc., Kenandy, Inc., Carnegie Mellon University, Enigma, Inc., Hara Software, Inc., West Virginia University, Luca Technologies, Inc., Think North America, Mevio, Inc.| Reviewï ¼Å¡ HP announced changes to its board of directors. Raymond J. Lane has decided to step down as chairman of the board, to be replaced on an interim basis by Ralph V. Whitworth. The board is commencing a search for a permanent nonexecutive board chairman. In addition, John H. Hammergren and G. Kennedy Thompson, after eight and seven years of service to HP stockholders, respectively, have decided to leave the board. Both directors will continue to serve until the May board meeting. The board is commencing a search for two or more new independent directors. This news release contains forward-looking statements that involve risks, uncertainties and assumptions. If such risks or uncertainties materialize or such assumptions prove incorrect, the results of HP and its consolidated subsidiaries could differ materially from those expressed or implied by such forward-looking statements and assumptions. ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â ââ¬âââ¬âââ¬âââ¬â- Macyââ¬â¢s Board of Directors Name/Title| Current Board Membership| Terry J. Lundgren, 61Chairman, President & Chief Executive Officer| Macys, Inc., National Retail Federation, Procter & Gamble Co., The Partnership For New York City, Kraft Foods Group, Inc., Federal Reserve Bank Of New York| Steven F. Bollenbach, 70Independent Director| Time Warner, Inc., Ludwig Institute For Cancer Research Ltd., Los Angeles World Affairs Council, Mondelez International, Inc., Macys, Inc., Kb Home| Craig E. Weatherup, 67Independent Director| Macys, Inc., Starbucks Corp.| Sara L. Levinson, 62Independent Director| Macys, Inc., Harley-davidson, Inc., Cmi Marketing, Inc.| Joseph L. Neubauer, 71Independent Director| The Jewish Theological Seminary Of America, The Barnes Foundation, The University Of Chicago, Catalyst, Inc., Macys, Inc., Verizon Communications, Inc., Aramark Refreshment Services Llc, The Horatio Alger Association Of Distinguished Americans, Aramark Holdings Corp.| Paul C. Varga, 49Independent Director| Brown-forman Corp., Macys, Inc.| Marna Cupp Whittingt on, 65Independent Director| Macys, Inc., Oaktree Capital Group Llc, Phillips 66| Meyer Feldberg, 71Independent Director| New York City Ballet, Inc., Managed High Yield Plus Fund, Inc., Global High Income Fund, Inc., Macys, Inc., Revlon, Inc., Strategic Global Income Fund, Inc.| Deirdre P. Connelly, 52Independent Director| Pharmaceutical Research & Manufacturers Of America, Macys, Inc., Human Genome Sciences, Inc.| Joyce M. Rochà ©, 66Independent Director| Dr. Pepper Snapple Group, Inc., Tupperware Brands Corp., Macys, Inc., Association Of Governing Boards Of Universities & Colleges, Dillard University, At&t, Inc.| Review: Managing a nation-wide retail business requires a team of committed, talented and experienced executives. Macyââ¬â¢s stores and direct-to-customer business compete with many retailing formats in the geographic areas in which they operate, including department stores, specialty stores, general merchandise stores, off-price and discount stores, new and established forms of home shopping (including the Internet, mail order catalogs and television) and manufacturersââ¬â¢ outlets, among others. In addition to competing with these other retailers for customers, Macyââ¬â¢s also must compete very aggressively for executive talent. These talented executives are accountable for the performance of the business units they manage and are compensated based on that performance.
Friday, August 30, 2019
The outsider Holden Caulfield is respo
The outsider, Holder Coalfield is responsible for his own alienation. How far would you agree? Focus on chapter 1-7 Define outsider -3 lines Every paragraph ââ¬â AAA argument AAA methods and terms AAA context Quotations Holder Coalfield from the outset is an outsider and alienated from society. The technical term for an outsider is a person or thing excluded from or not a member of a set, group. We see that Holder is not really part of the society around him, from Pence Prep at the start of the novel to when he travels to New York. The role of the outsider In literature Is a vital one.Slinger often employs Holder's point of view to show post war America which could be a cause of part of his alienation. Holder In ââ¬ËThe Catcher and the Rye' gives a narration through the eyes of one who Is ââ¬Å"so close yet so farâ⬠In terms of fitting In to the society In which they supposedly already belong. I believe that Holder's unique character and look on other people makes him an outsider and that yes, Holder is responsible for his own alienation. I believe that one of the most important aspects of his outsider status is that Holder is an outsider cause he isolated himself from the other not because others avoid interacting with him.We can see this from Holder saying ââ¬Ëpractically the whole school was there apart from me. ââ¬Ë This was Holder choosing now to go down to the game ,to walk off Saxon hill, this is proof of others not excluding him, this shows his alienation may be down to him. In other words Holder voluntarily became an outsider. We also see that Holder's expectations for humanity are too high, so hardly anyone meets his standards; therefore, he dislikes most people and stays away from them.He only mess to see and plan point out the negative sides of a surrounding or a character for example when Holder talks about Ackley ââ¬ËAckley Is dirty, pimply, and all-around unhygienic. ââ¬Ë this shows him making judgments of other people, t rying to find a way and reason to alienate himself from them. He accuses a lot of other characters of being corny and phony.. In Holder's eyes, a ââ¬Å"phonyâ⬠is someone who embraces the world's mundane demands and tries to make something out of nothing-?that is, Just about everyone who studies in school or who puts on airs in order to do a Job or chive a goal.Holder thinks the headmaster ââ¬ËMr. Has' of his old school ââ¬ËElection Hills' is a phony because he is fake'. Holder mentions that the headmaster ââ¬Ëonly talks to attractive parents at school events'. He said the headmaster would only ââ¬Ëshake hands ââ¬Ëand ââ¬Ësmile at the fat or ugly parents' and then he would walk away from them and' talk for hours to the attractive student parents'. He also partly blames the headmaster for the entire fastness of the school. He said the pamphlet and commercials show happy men playing polo and he never once saw a horse on the repertory.This negative attitude and unusual outlook on people serves as a basis of exclude himself from thermopile. Holder labels almost everyone a ââ¬Å"phony,â⬠excepting Phoebe, Allele, and himself Holder understands on some level one of the most profound truths of mortal life: the superficial matters little because it will not last, yet it is made to seem so much more important. Meanwhile, all around him, he must watch superficial people win honors through their phoniness. We can see He then holds his deepest contempt for those who succeed as phonies: Seedeater, theHeadmaster, and all the boys who treat school as if it is a club to be ruled by Social standing. All Holder wants is some authentic living, to hold on to someone like Phoebe or Allele who knows nothing of the world's superficiality and therefore is not tainted by it, but he is afraid to make it too real out of the Justified fear of one day losing them forever. This shows him alienating himself from everyone who he considers a phony. Many people th ink that Holder's quality for looking at the negative in people is bratty or snobby or arrogant, but I feel that Holder is Just captioned that there are not more good people in the world.For such reason, it is hard for Holder to like someone and find someone who could really be considered a friend someone who is with him in his own world. Holder is very lonely, and his adolescent loneliness seems to run much deeper than the feelings so commonly felt at that age. At the same time, Holder takes few steps to mitigate his loneliness and alienation. Whenever he feels the urge to meet someone, to call up a girl, to have a social experience, he ends up sabotaging it before he can get hurt.He thus protects myself so fully that he effectively shuts off any possibilities of alleviating his own loneliness, still alienating himself. He wants to call Jane, for example, but he hangs up before she gets on the phone. Pushing people away sees him being more and more alienated, but we can see his rea son for this may be him willing to endure it rather than eventually face the ultimate, devastating feelings of losing another person like Allele. We can see that, after his younger brother Allies death, Holder turned into a permanently discontent individual.He views became more skeptical and more hymnal of others, casting them out of his life this may be the cause of him beginning to isolate himself. To different readers we can see how Holder's alienation and the reasoning can change, people blame it on society, post war America, Pence prep or the middle class but I believe it is Holder's family background and unfortunate experience related to his family serves as a one of the causes of Holder being an outsider as well as his skeptical and cynical attitude which isolates Holder from the others, thus making him a social outsider and, alienating himself from the world.
Body Worlds and the Cycle of Life Essay
The Body Worlds exhibit was an amazing tour of more than 200 incredible plastinates; real human specimens that have been preserved. Dr. von Hagenââ¬â¢s is the man behind his incredible invention called plastination; embalming and anatomical dissection, connective tissue removal, body fat and water removal, forced impregnation with a polymer solution then placed in a vacuum chamber removing the acetone bringing it down to a cellular level, and then lastly the specimen hardens and is then positioned as desired. This phenomenal exhibit has given many people the opportunity to see the entire internal structure of the human body. The written explanations next to each display were very informative; giving a better understanding on how the choices we make throughout our life can truly affect us as we continue our journey through the aging process. According to Dr. von Hagen, it takes approximately 1,500 hours (1-2 years) of dedication for each sculpture, along with 350 others helping him throughout the process. All 20 of the bodies that have been donated remain anonymous; no details about them or their cause of death were shared out of respect for each of the donors. This exhibit was an amazing journey showing us how the human body changes through time; from conception and as one ageââ¬â¢s. The exhibit starts with the zygote; a single cell formed from the fatherââ¬â¢s sperm, the motherââ¬â¢s egg, and the human genome; the blueprints of all living human beings. Human embryos and fetuses were on display showing each stage of cell division from conception through pre-natal development. The minute were born, our physical efficiency increases reaching its peak in our mid-twenties, then slowly starts to decline throughout the rest of our lives. There were normal clean lungs of a non-smoker on display next to black lungs of a smoker, which were half the size compared to the clean lung. The written explanation stated that each year you smoke about a cup size full of tar accumulates inside of your lungs. There were sectional displays of the thoracic cavity showing the gas exchange that occurs within the alveoli of our lungs. There were healthy hearts on display along with hearts that had pacemakers. There was a healthy liver next to a liver that has been damaged by excessive amounts of alcohol; showing visual cirrhosis. There were several displays of the human brain. One of the displays showed a brain at optimal health compared to a brain that has been diagnosed with Alzheimerââ¬â¢s disease. I found it interesting that the human brain stops growing when you are 15 years old and individuals under 30 years of age take in twice as much oxygen compared to individuals 80 years of age or older. There was a 540lb sculpture, displaying the dangerous effects of obesity compared to a healthy 140lb individual. There were also sectional displays showing us a view of the abdominal wall and how every organ is affected by this extra unnecessary fat. You are what you eat! Sugar, in the form of simple, refined carbohydrates, is considered one of the bodyââ¬â¢s major ââ¬Å"agersâ⬠. Excess sugar in the diet alters the structure of the protein molecule, preventing it from functioning properly and leading to the stiffening of the bodyââ¬â¢s tissues. High blood pressure can shorten oneââ¬â¢s life expectancy by 10 to 20 years, and 9 out of 10 people are at risk of developing hypertension after age 50. We all need energy to function properly, but as we age our body doesnââ¬â¢t require as much energy like it did when we were younger. Our bones are flexible at a young age and adolescents. In adulthood, our body increases in strength and stamina, but loses its flexibility. The Artistââ¬â¢s Gaze was a display on sight and vision at birth and later in life. It was focused on the artistââ¬â¢s Claude Monet who suffered from cataracts, and Edgar Degas who suffered from retinal eye disease. A condition called Presbyopia; a progressively diminished ability to focus on near objects, is a normal part of aging and develops when the lens of the eye gradually loses it elasticity. An infant can see things close up with no problem, while a 30 year old would have to hold to object about 6 inches away. At birth, you have about 300 bones, as you grow older, small joints join together resulting in approximately 206 bones. At the age of 52 woman generally experience menopause; end of lifeââ¬â¢s fertile phase. As men age their testosterone levels decline, but unlike woman, they can reproduce throughout their later years. I learned that the worldââ¬â¢s oldest people live in Okinawa, Japan and Ovadda, Sardinia. They shared some of their lifestyle practices, which I think we could all benefit from if we were to take their healthy habits and make them our own. Near the end of the exhibit, I really enjoyed reading one of the posters that stated, ââ¬Å"Age is an issue of mind over matter, if you donââ¬â¢t mind it doesnââ¬â¢t matterâ⬠. Body Worldââ¬â¢s and The Cycle of Life was an incredible experience and has defiantly changed my way of thinking when it comes to the meaning of life and death. It has also given me a better understanding of our bodies and a completely different perspective on how important it is to appreciate life and take better care of myself!
Thursday, August 29, 2019
Review of Accounting Ethics Assignment Example | Topics and Well Written Essays - 1000 words
Review of Accounting Ethics - Assignment Example Other reasons behind such accounting ethical breaches are the avoidance of taxes, prevention from a legal or regulatory consequence, approving the loans from the financial institutions, etc. (Weil, 2012) The importance of accounting ethical breaches is highlighted more especially in the events when the public money is involved in the financing of the organizations. Such organizations which are keen enough to attract the external financing through representation of general-public are willing to portray their desired financial results to the upcoming investors of the organization. By such ready-made results, these organizations tend to mislead the investors so that their shares can be fully subscribed and the company can raise their required amount of money in the first stance. Besides the accounting standards, there are some code of ethics have been issued by the regulators to assist the companies in making their financial statements more ethical. ... Groupon Inc. went to general-public for raising external financing through issuance of shares to the common investors. The share price of the company surged from $20 to $31 on the first trading day of the shares of the company. The underwriters of the company like Morgan Stanley, JP Morgan Chase, Credit Suisse, Goldman Sachs and others millions of dollars in creating a hype for this stock in the form of underwriting fee. With conservative estimations, it is believed that those investors who bought the shares of Groupon Inc. have lost some $9 billion in total since November 4, 2011, the first trading day of the Groupon Inc.ââ¬â¢s stock. The share price of the company fell to around $13 from a high of $31 since its inception. However, the original backer of the companyââ¬â¢s shares, Mason, Eric and others kept their holdings with them and did not sell any portion thereof. On account of such holdings that they kept with them of the stocks of Groupon Inc., they received an incentiv e named as ââ¬Å"paydayâ⬠which was a fat reward for such endeavor (Weil, 2012). Financial analysts and critics believe that it was mainly the fault of the management of the Groupon Inc. using such aggressive accounting to cause such debacle. The accounting treatment of the company was so aggressive that the Securities and Exchange Commission of US had to intervene in the financial matters of Groupon Inc. twice before the launch of its IPO. The accountants of the Groupon Inc. recognized the full revenues of the coupons that they sell to their merchants. The company booked all the revenues in this regard which heightened its earnings sharply just before the launch of the IPO. At that time, the analysts were
Wednesday, August 28, 2019
Leadership int the public Essay Example | Topics and Well Written Essays - 1000 words
Leadership int the public - Essay Example According to Rayner (2013) these relationships are quite essential in the performance of the public organization, thus management is to see to it that these relationships are maintained effectively and remain extremely functional.An illustration of how good working relationships are important in public organizations has been reflected in the case study; when Peter Mathews took the position of the Acting Director of Immigration, his relationship with that of his ten; area and program managers was quite strained 1. If anything, his relationship to them was characterized by resentment and impasse (opposition) which is an absolute inhibition to the success of any public organization. It is evident to see exactly how Peter Mathews got frustrated at his unsuccessful efforts to connect to his managers such that he took it upon himself to figure out ways how to improve the organization which, unfortunately, only brewed more hatred; causing him to rethink his choice to take up the job in the first place. Additionally, Public service organizations the Immigration inclusive is subject to attaining high rates of performances. It is important to note with reference to Baird and Green (2008) that the performance of the public service is quite critical in guaranteeing the rule of law and safeguarding national security.This illustrates the fact that public organizations require that the management in place puts in a lot of effort to secure productivity in terms of good performance and effectiveness in accomplishing the set goals and objectives of that given organization 2. Failure to do so only shows that the government in place is not effective in implementing the laws and in protecting its citizens as well. It is for this reason that in the study, we realize that the Director General (DG) requests Peter Mathews to leave his job with an employment services group to take on a sixth month assignment as an
Tuesday, August 27, 2019
The Equation of Change Essay Example | Topics and Well Written Essays - 1250 words
The Equation of Change - Essay Example This can also be considered as the number of times that the currency is spent on finished products and services per year. PQ is the nominal GDP of the country (the level of price (P) times the physical amount of products and services (Q). Economists believe that changes in the supply of money especially improper monetary policy are the most significant factors that cause macroeconomic stability. Importance of the stability or lack thereof, of the velocity of money directly relates to the control of the money supply (Thomas, 2005). If the velocity was always constant, then the money supply would be the single determinant of the level of national GDP spending. No policy instrument other than the central bankââ¬â¢s control would be needed to accurately control GDP spending. If the velocity fluctuates in a completely unpredictable manner, then Fed Reserve-engineering changes in M would have no predictable consequence on GDP spending. The control of the money supply would be a totally ineffective method of influencing GDP. To the degree that velocity is random the influence of FED reserve money supply control on GDP spending and general economic activity is compromised. If the velocity is random but is independent of the money supply and is relatively stable and subject to acceptable good prediction, then FED policy of controlling the money supply is greatly effective way of i nfluencing GDP spending. Question two The structure of the Federal Reserve System Federal Reserve Banks: There are twelve Federal Reserve Banks from the Federal Reserve Districts. Each bank is a legally separate corporation owned by the commercial banks in its districts. The directors of individual banks recommend the allocation of discount rate which is then endorsed by the Board of Directors. These directors also select one banker from each district to serve the Federal Advisory Council. Other functions include clearing checks, help regulating banks, withdrawing damaged currency from circulation and replacing it with new ones as well as acting between local business communities. Member Banks: These are commercial banks that hold stock in the Federal Reserve Banks; commercial banks chartered by the Federal Government; and state banks chartered by state governments. Their major function is to hold reserves as deposits or vault cash at the Federal Reserve Banks. Board of Governors: c onsist of seven members appointed by the president and led by the chairman. All governors must come from different states and are voting members of the FOMC. They set reserve requirements, set bank regulations and select recommendations to set the discount rate. The board has authority over certain regulations unrelated to fiscal policy but have significant impacts on the monetary system. Federal Open Market Committee: The committee consists of the members of the Board of Governors, president of the New York Fed, and presidents from four other Reserve Banks. The major function of FOMC is to make decisions concerning the conduct of open market operations and hence controls the monetary base. The committee has the key responsibility of formulating monetary policy. Federal Advisory Council: comprises of the twelve representatives of the banking system. The council advices and consults with the Board of Governors on all issues within the board control. The Reserve Banks selects one repr esentative from the district who normally serves for a term of three
Monday, August 26, 2019
The effects of competitive sports on young minds Essay
The effects of competitive sports on young minds - Essay Example It is claimed that almost dramatic prevalence of organized or competitive sports in the US holds potential threat to children on multiple levels especially those aged between six and twelve. The article also contemplates how whenever there is an element of competition in a game or huge stress is placed by parents or coaches on young participants on winning it, unpleasant consequences occur. This is because many children feel unduly beleaguered during or after the game but unfortunately for them, they have to hide their true emotions from overenthusiastic elders who want them to act as remarkable child prodigies and outperform everyone else on the field by exerting themselves incessantly. However, discussion presented in this essay challenges the argument of Statsky and is meant to convince the readers that ââ¬Å"children who have remained engaged in competitive sports activities since early age turn out to be more enthusiastic when playing games as adults later compared to those who are never encouraged to participate in demanding sports.â⬠Despite Statskyââ¬â¢s argument that organized games like Little League Baseball and Peewee Football place huge burden on children because they incorporate adult standards, the fact worth considering is that it is smart activities like these which motivate many youngsters to shine not just in sports but in every other field of life. Children learn on this platform what it is like to defeat others on grounds of perseverance, bravery, spirit, and confidence. The importance of teamwork is inculcated in their minds and they learn how to treasure and defend their teams. They learn to appreciate how good teamwork lays the foundation of solidarity and success. In contrast to Statskyââ¬â¢s insistence that competitive pattern of sports can negatively influence both mental and physical development of children, attention should be directed at the enthralling assortment of valuable lessons which children take with them to the ir homes. If any negative consequences at all are associated with competitive sports, curbing such activities in the first place is definitely not an answer as promoted by Statsky. Rather people need to realize that any harmful influence exerted on children is not because of the games they play but parents or coaches are to be blamed for that. The authoress is right when she says that sometimes children participating in games like football are afraid to disappoint their mentors because of the looming prospect of harsh criticism. This explains why under such circumstances they try to continue the game despite not enjoying it or despite unusual strain exerted on their developing muscles. It is sadly true that some parents are principally interested in only thwarting other parents and their children and so they excessively pressurize their child to go all the way through to win the game. However, what needs to be done in this area is not arguing against the nature of competitive sports but insisting on regulating behaviors of parents, coaches, and children who participate in these games. Parents and instructors should be counseled about being more tolerant and children should be encouraged to say no to orders they find intimidating or impossible. Sports participation should not be colored in dark demeaning colors by media and journalists, rather poor adult behaviors need to be modified. Statsky defends her argument by claiming that many competitive sports activities often stimulate children to play in accordance with adult standards which understandably push them beyond their limits. This sort of strategic thinking behind competitive sports management is neither appropriate nor beneficial for children. Likewise, contemporary research recognizes that there is always a risk factor in any
Sunday, August 25, 2019
Walt Disney and Customer Relationship Marketing Research Paper
Walt Disney and Customer Relationship Marketing - Research Paper Example The theme parks are one of the most preferred attractions with every park exhibiting different appeal and feeling. The Magic Kingdom is based on the structure of Cinderella Castle, Epcot exhibits the structure of Spaceship Earth, Disneyââ¬â¢s Hollywood Studio is based on the structure of the Sorcererââ¬â¢s Hat and the Disney Animal Kingdom looks like the Tree of Life. It can be assumed that with different structure and appeal, Disney has been successful in attracting different customers and can be considered as a good strategy (Koenig, David (2007). However, with things settling down, same attracting structures need to add value in terms of keeping the feeling of being attracted alive. The discussion aims at highlighting the customer relationship management practices of Disney along with developing and designing new practices to address key issues like sliding attendance figures of employees and decreasing revenues along with customerââ¬â¢s shift of attention towards other recreational activities in the absence of innovative CRM practices. Customer relationship management is considered one of the most important management tools enhancing business prospects by earning the loyalty and trust of customers for a long period of time. The study is based on the customer relationship management practices of Disney that offered great presence, reach and acceptance in the past. However, with the change in the social and demographic factors embedded with customer preferences; Disney is facing new challenges in the form of customer turnoffs, less customer attendance and decline in the interest and urges to visit the park. The customer relationship management of the organization has been quite commendable considering the high pressure in the service industry. It included the balanced mixture of technology interfaces and human interfaces but issues were not addressed and answered creating a need for another CRM practices or program with better prospects and feasibility.
Saturday, August 24, 2019
How to snowboard Essay Example | Topics and Well Written Essays - 500 words
How to snowboard - Essay Example Apart from this, the needed accessories include a pair of gloves, a helmet, goggles, wrist guards and a hat. Next is to get into the bindings so that a snowboarder comes at level with the snow. For this, he needs to place his front foot in the flat area of the snow. The straps should be closed for both the toe and the ankle. For step-in bindings, there is a need to step in and roll the foot in a circular position so that it is deemed as safe. Bouncing a few steps in this position would give a general feel as to how it looks. Next is to take the first few baby steps. These steps should have the front foot in the snowboard binding and the back foot out towards the outside. One should start by placing the shoulders and toes in direct linkage with the incline and the snowboard should go in a perpendicular fashion with this incline. After the baby steps, a snowboarder must sit down and strap his feet into the snowboard. Standing up after this and looking towards the snowboard helps at understanding the process faster. At this time, weight must be laid on the heels. Repetition of this step back and forth helps at understanding the snowboarding process. Skating is another step which helps to give an idea about the movement through the flat areas and the snowboarded must know how to skate beforehand. Next step is to think of him as getting out off a chair where he needs to go in an area of inclination and thus secure the front foot towards the binding. Thus the snowboard must be pointed downwards during this activity as it will put the weight on the front foot and glide automatically towards the flat area. After these steps, when the snowboarded starts getting comfortable with the whole process, he must practice until he reaches for the chairlift which will escort him towards the top. At this moment, he needs to observe how the other snowboarders are carrying out their snowboarding activities. After this, the snowboarder is required to slide
Friday, August 23, 2019
Corporation Essay Example | Topics and Well Written Essays - 1000 words
Corporation - Essay Example From the aspect of business, we are the revenue for the firms. ââ¬Å"Weâ⬠are also considered as a potential source for new orders and new customers. Therefore each and every firm tries hard to retain their existing customer base because it is believed that a satisfied customer is equal to an advertisement for the company and retaining the existing customer is more profitable than replacing them with the new ones. (Hawkins 2010 p.22). However in the process of competition among the firms, the aspects that suffer the most are the social factors, humanitarian grounds and public interest. The Corporation ââ¬Å"The Corporationâ⬠is a work by Joel Bakan which deals with the history of corporations and the key features it exhibit today. In the book the author has discussed about the procedure of business conducted by the firms of the recent era and the impacts it has on the general people. The topic of corporate social responsibility has also been covered in the book and the wo rk has been primarily addressed to the public at large making them aware of the malpractices of the corporations as well as the provoking attitude of the firms (Bakan 2005). Bakan in his book states the account of the organizations belonging to the 18th century and draws a comparison with the current corporate practices. During the past, the corporate structure was fairly exceptional and facilitated exclusively the methods for carrying out specific big projects for the interest of the public. Today the firms tend to govern our societies and economies. Greater emphasis can be found on the main attributes of management control and restricted liability, and on the reasonably modern notion that the organizations have a separate legal entity (Davies 2010 p.55), who might even have the benefit of several human rights. The writer puts further stress on the fact that financial controversies related to firms are not a new thing. Such scandals have always formed the part and parcel of the org anizational framework of conducting business. The transformation in the early parts of 20th century, gave rise to the concept of corporate social responsibility, which is showcased as a response by the business organizations to the general publicââ¬â¢s common threat about the power and size that corporations started to build up, and to the associated requirement of a stricter administrative regulation on them. The concept of the fiscal idea of externalities has been also mentioned in the book which argues that the organizationââ¬â¢s propensity to outsource costs is at the source of most of the worldââ¬â¢s environmental and social issues. Interesting instances has been presented in the text regarding the cost-benefit study within the car business where the passengersââ¬â¢ protection is considered to be the main concern. Unlawfulness in the business activity is universal, and it takes place from the- unethical character of the corporation And from the breakdown of the regu latory structure, due to laidback regulations and futile enforcement. The corporations today focus mainly on their own interest neglecting the harmful and long-lasting effect on the society at large. There were many commercials that were created for the promotion of a product but ended up in causing injury to the humanitarian interests. The complaints lodged regarding the commercials amounted to a total number of 25,214 complaints in 2010 among which 96% were lodged by the associates of the public forum and 4% belonged to the
Thursday, August 22, 2019
In what ways wining Ca state lottery makes you bad Essay
In what ways wining Ca state lottery makes you bad - Essay Example This weakens their mental concentration towards their studies, and this will shamble their academic performance. It is also factual that many students after winning lottery money they are subject to poor financial management and this often cause them more psychological stress hence devastating their academic progress. Empirical research also shows that many college students who become millionaires due to lottery money have the high tendency of quitting their studies and embark on ill-advised investments. Consequently, some students end up in debt, and this may cause them being hospitalize due to the depression they undergo as a result of shock. Disparagingly, they come to realize their mistakes after exhausting the money; rather too late for any rectification action to be taken. Whatââ¬â¢s more, recent reports have found that students who win lottery money lose trust with almost everybody including their colleagues, family members, and even their teachers. It is true that winning the big top prize could be hard to trust anyone or any new person. Consequently, oneââ¬â¢s safety is compromised. Additionally, college students who win the big Jackpot tend to become more vulnerable, unlike before. This is because the money they possess may make them be kidnap, or even be killed, and this will automatically make the winner uncomfortable. While lottery money helps a student to cope up with college life by empowering them financially, it ruins students by giving them enough cash to engage in drug abuse, and this money may transform these students to drug dealers. Therefore, this may cause them their live such as being killed or lifetime imprisonment for violating the stateââ¬â¢s constitutional declarations. Therefore, if a student winning lottery money is not monitored, they may use the money to ruin their life and even the life of others. From the above elucidations, it is ostensible
Psychology Essay Essay Example for Free
Psychology Essay Essay Omkar Kawade Charles Ramskov Psychology Essay Perception can be defined as the process of how an organism interprets a sensation. Many psychologists studied different types of perception, such as Constructive Perception (top-down) that was studied by Rock, Neisser, and Gregory. Another approach of perception was the Direct / Ecological (bottom up) which was studied by Gibson. Constructive (top down) perception is an active and deductive reasoning process. It is seen as an obstacle, object, or any matter that changes your perspective of its view. The way you view the object can be in any matter, but usually it connects back to a memory or an experience that you have had before. For example, a person called Eddie is an active user of a social network called Facebook, in which he has many friends, and talks to them very often. In this chat, he uses emoticons that are made up of keyboard functions such as colon and parenthesis ââ¬Å" ðŸâ¢â ââ¬Å". If you take this emoticon and rotate it, you will see a smiley face. When Eddie sees this arrangement of keyboard functions, he sees a smiley face. However, Kevin, a person who has no social interaction through the computer and/or Internet, sees this simply as a colon placed next to a right parenthesis sign. Direct Ecological (bottom up) perception is an inductive reasoning process. Gibson stated his theory of bottom up perception was basically visual perception and the information needed was available from the proximal stimulus that was produced by the distal stimulus. In this case, the example is that Kevin looks at the emoticon and sees only a colon and right parenthesis, but to furthermore find more perception in this symbol, top down perception is needed. Bottom up perception is the visual environmental view of what we see and how we interpret and distinguish certain things apart from each other, while top down perception is how we furthermore establish a different meaning for i t.
Wednesday, August 21, 2019
Mission of the organization defines the expected position and the fundamental purpose
Mission of the organization defines the expected position and the fundamental purpose Introduction The vision and mission of the organization defines the expected position and the fundamental purpose of the organization. The purpose of this assignment is to understand the vision and mission of the case company and to identify and understand the strategic aims and objectives of an organization and investigate its progress towards the fulfillment of those aims and objectives. For this different alternative strategies available to the organization are also considered. To fulfill the requirement of this assignment the organization selected for investigation is McDonalds. McDonalds is the leading fast food restaurant chain of the world and is serving more than 58 million customers on daily basis. McDonalds Vision and Mission Statement Every organization must have a vision and a mission. Vision and mission statements are the short phrases which sets the whole direction of the organization. Vision statement provides the whole picture of the organizations desired future position in a single phrase. This statement then sets a whole direction of all the strategic aims and objectives of the organization. Below is the vision statement of the case company i.e. McDonalds: To be the worlds best quick service restaurant experience, being the best means providing outstanding quality, service, cleanliness, and value, so that we make every customer in every restaurant smile Mission statement clarifies the fundamental purpose of the organization. Off course the purpose is to achieve the vision of the organization, but mission statement goes in further detail and answers the question of the existence of the organization. Mission statement of McDonalds is: To be the best employer To deliver operational excellence Achieving durable profits Expanding the brand name and extending the strength of McDonalds system through innovation and technology. Analyzing the vision and mission statement of the case company it is clear that organizations focus is mainly towards the external and internal customers i.e. consumers and employees. Furthermore, the company is committed to innovate and use the latest technology to earn huge profits. McDonalds Strategic Aims and Objectives An aim is a broader statement which tells what an organization wants to become and the objectives are the specific targets or tasks which leads towards the fulfillment of the aim of the organization. It is very important for an organization to set such aims which are practically possible and which can be measured. If this is not the case the organization will put its efforts and resources in that direction which is not possible at all. For effective working and success for an organization the aims and objectives must be realistic and it must also be associated with some time frame as if it is not the case then there will be confusion within the organization regarding the time to complete the tasks and projects (Fred David, 2006). Furthermore, the aims should be measureable, as the progress towards the fulfillment of objectives should be easily measured as if this is not the case then it would be very difficult for an organization to know that whether the desired results are achieved or not. McDonalds key to success all over the world is their priorities, which are also mentioned on their corporate website. The top priority of the leading fast food restaurant chain is the customers. As per the McDonalds corporate values the reason of the existence of the business are their customers and they work only to fulfill the needs and demands of the customers. As per the company it is not the matter of sales rather it is the matter of providing quality products along with the best services to the customers in affordable prices. The second priority is their employees or workforce. The company believes that the employees make the dream of the organization come true. The employees are their valuable assets and it is just because of the skills and competencies of their employees which enables the organization to achieve the set goals and targets. The company also believes the quality of their business model. According to the corporate values of the company the business model is set to meet the dynamic customer behavioral changes. The strategic aims and objectives of McDonalds and mentioned below and these shows that what are the top priorities of the company and it gives a hint why the company is so successful all across the globe: To maintain the leadership in fast food restaurant industry To serve the customer with good food in a friendly and fun environment Providing the quality food and value of money to the customer Providing the shareholder a positive return on their investments To meet the social and ethical responsibility Strategic Plan and its Component parts Strategic plan of any enterprise is a picture of the desired position of the organization. Strategic plan gives a root path that how the organization will achieve the desired place or position in the given industry (Maches, B. 2010). Three major components of strategic plan include formulation, implementation and evaluation of strategy carries that information and plan which provides a direction towards the organizational objectives (Kim Warren, 2008). Strategy Formulation Strategy formulation process starts with the situation analysis of the organization. Situation analysis is an important part of strategic plan as it gives an overview of the existing position of the organization. Situation analysis includes the analysis of internal and external environment of the organization. Different strategic tools can be used to evaluate this situation i.e. SWOT analysis, PEST Analysis etc. This also includes the evaluation of current mission and vision of the organization. Vision statement clarifies that what an organization want to become and on the other hand mission statements shows that what business the organization operates. Mission contains the products and services, its markets and its employee management policy. The assessment of external factors of the organization involves the listing down of finite list of factors which are a potential threat or opportunities for the organization in the external environment. By finite list is meant that not all the factors are focused. The priority is given to those factors which have high level of impact or form which high returns can be gained. The internal audit is also done in the situation analysis where the internal strengths and weaknesses of the organization are listed down (Fred David, 2006). After the clear understanding of the organizations current situation the real work begins where the strategies are formulated. The best practice is to involve the employees in this process as the employees from all levels will share their views and a better strategic decision will be expected. Here the strategies are developed to capitalize the opportunities available which were assessed in the external audit and minimize the threat of the factors. On the other side the strengths of the organizations require such strategies which further enhance them and the weaknesses are tried to be overcome. The next step in the strategy formulation stage is setting the long term objectives. Long term objectives are those which are associated with the sales and market share growth, it can be the growth of assets; it can be attaining any award from the government body etc. This is a very important phase as the long term goals and objectives show a direction to the whole organization. Long term objectives are set after a through consideration of external and internal strengths, weaknesses, opportunities and threats to the organization. The available resources and the expected resources are listed and based on those resources the long term but achievable, measureable and realistic objectives are set with proper timelines (Fred David, 2006). The final stage of strategy formulation process is the evaluation and selection of appropriate strategies to meet the long term objectives. In this the alternative strategies are also identified an evaluated and a contingency planning is also done. For instance in case of any external change which is beyond the change of organization such as change in legislations or change in market conditions then that contingency plan can be used. The existing strategies of the organization are the initial point for strategy evaluation. Strategy Implementation The next step in a strategic plan includes the strategy implementation. Developing an effective strategy does not ensures that the strategic plan will be successful. It was in the old times when the strategic planning was done only at the level of stagy formulation stage. Experiences of different organizations and further studies revealed that strategy formulation does not ensure the success of strategic plan. Implementation is another important part of the strategic plan. In the implementation phase the process of shifting the responsibilities to the middle and lower level of management is developed. As in the strategy formulation stage it was mentioned that to involve the employees of all the levels is important, so if any organization has done this during the strategy formulation them the strategy implementation process will be lot more easier. This is because the middle and lower level staff will have a clearer view of the strategies developed and they would be in a better positi on to implement those strategies in real practice (Kim Warren, 2008). Strategy Evaluation and Control After the implementation of strategic plan it is important like all other plans and project to evaluate the progress of that plan. Implementation phase end with the start of evaluation process. This is a continuous process until the strategic aims and objectives are not met (Fred David, 2006). There are many organizations such as McDonalds, who have strategic aims and objectives that shows continuity and a continuous process is required for that for instance one of the strategic objectives of the company is to provide the value to the customer. This is an objective which shows continuity as the fast food chain is aimed to provide the customer value to their money so for that strategy evaluation is required. This process ensures that the implemented strategies are progressing towards the achievement of organizational aims and objectives or not. In this process the required results or outcomes are compared with the actual results and if there is any kind of difference then with the cha nge in strategies of taking appropriate steps that difference is tried to be eliminated or at least minimized. Factors affecting McDonalds Strategic Plan Several internal and external factors can affect the strategic plan of McDonalds. These may include factors such as managements vision, financial factors, technological changes, legislative factors or market competition. As mentioned in the strategic plan earlier that the strategies are developed by considering the existing resources of the organization. It also includes the existing technology possessed by the company. If the existing system of McDonalds becomes obsolete with the introduction of newer version of the same system then the organization need to adapt that system to sustain in the market. In this case the strategic plan requires a change (Kim Warren, 2008). Same is the case with the market condition. If at the time of strategic planning the market conditions are evaluated and after implementation the market condition changes and requires a change then the strategic plan will also require a change. That is the reason it is suggested that McDonalds strategic plan should be flexible enough that can meet the changing market conditions. Furthermore the strategic plans are also depend on the vision of the management of the organization. If the management decides to go with a differentiation strategy because of the market need then the existing strategic plan will be changed. Financial aspects cannot be neglected in the strategic planning. Every strategy requires financial resources and if the financial resources are not sufficient enough to meet the new strategy then it will require a change in the strategic plan. However, these constraints can be minimized during the strategy formulation process by intensive research and evaluation of the internal and external factors, but still the dynamic market conditions and growing consumer needs cannot be predicted. McDonalds and Strategic Options If there is some change in the external environment of the company then in response to that the company opts strategic option. Moreover, strategic option is also chosen by an organization to grow and it tells that how the company wants to grow and what are the ways through which the completive advantage is taken by an organization over its competitors. By manipulating and taking advantage of the opportunities available for an organization the company can have a positive outcome. There are two renowned methods or ways which can be chosen by any organization to gain a competitive advantage over the other organization (Fred David, 2006). These two strategic options include the cost leadership strategy and differentiation strategy. Under cost leadership strategy the organization cut down its cost of production or cost of goods sold and hence increases their profit margins. As the business word today is highly competitive and inn the fast food restaurant industry the customers have so many options such as KFC, Pizza Hut etc. which are also providing high quality products. So in such scenario it is not possible for McDonalds to increase the prices of their products. So, cutting the cost of production and other operational cost will be the best strategy to increase their profit margins. The internal capabilities of McDonalds will require a focus and needs to be enhanced in order to achieve the goals of this strategic option. Another strategic option available for McDonalds is to offer such products and services which are unique in nature and are not available in the market. In this way the customer will have no other option to get the desired product or service. This will keep the customer intact with McDonalds and hence the profit margins of the organization will keep on growing. A best example of this is the ice cream provided by McDonalds. No other fast food chain provides the best quality ice cream and people are fond of McDonalds Ice Cream and this has been a unique product of the fast food chain which attracts millions of customers. Another unique feature of McDonalds is their quality customer services. In this era the customer service has gained utmost importance and McDonalds customer services is helping them to increase their market share. Even if the restaurant is packed with the customers the customer services quality remains the same which makes the fast food chain number one in the world. Strategic Option a Helping Hand to achieve Strategic Objectives Strategic options help the organization to achieve the organization strategic aims and objectives. However, a combination of the available strategic options is a good option for any enterprise as this can have a dual positive effect in the organizational performance and profit margins can also be increased with a wide margin. Using integrated strategic options allows the firm a more leverage to take decision on marketing mix. McDonalds can use either of the strategic option discussed earlier, but the more appropriate is to use the mix of both the strategic options. This will help to achieve the strategic objectives of the organization which were mentioned earlier in the document. Using a differentiation strategy, McDonalds will be able to charge the premium prices against the product features. However, keeping the legislation under consideration is also important before charging the premium prices from the customers (Kim Warren, 2008). On the other side of the picture the cost leader ship strategy will provide the company a more leverage to reduce their prices of provide discount offers to the customers as the company have more margin due to the increase in profit margin. McDonalds can offer different discount deals on their core products as these are also provided by their major global competitor KFC. So, if the fast food chain is following an integrated strategic option then it can attain competitive advantage on either side of the court. This will fulfill the first and important strategic objective of McDonalds i.e. to maintain the market leader position. As the fast food chain will be able to counter each offer given by its competitor and also can attack the competitor by offering new products and deals and maintain the market dominance. Furthermore, using the differentiation strategy the fast food chain can make their customer services so supreme that no other competitor can copy that. Along with the food quality which is already very unique can be improved further and new products can be launched which are not available in the market and not ever provided by any other organization. By suing this differentiation strategy the company will be able to achieve its another strategic objective i.e. to provide the customer with quality food and service. Cost leadership and differentiation strategies will improve the profit margins and the strategic objective to provide a positive return on investment of the shareholders and investors will be fulfilled. Concluding this discussion it is suggested to the McDonalds management to continue delivering the quality product and services and further reduce their operational cost without compromising the quality of their products and standard of their services. McDonalds Stakeholders Analysis Stakeholders are those bodies or parties which have direct or indirect interaction with the organization. These bodies are affected with the operations of the business positively or negatively. The major stakeholder for McDonalds includes their customers, shareholders and their employees. Customers Customers of McDonalds are the major focus of fast food chain. Mentioned earlier in the document that the companys corporate values indicate that customer is the king. The strategic objectives are also aimed towards the customer satisfaction by delivering value to them. Customer services is the important part of the McDonalds strategic planning as through quality customer services they are able to retain he customers. McDonalds branches and franchises are all over the world and they are huge in number. This is to facilitate the customer to provide the quality food with easy access. Furthermore the free home delivery service of the fast food chain shows that the organization is committed to produce their products and services at the door step of the customers. Shareholders Shareholders are another major stakeholder of the company. Strategic objectives of the company show that the company is committed to deliver return on investments. The company has adapted cost leadership and differentiation strategy which have given them a position of market leader and helped to increase the profit margins which is the major concern of the investors. Employees The employees are the key to success for any organization. At McDonalds it is not a different story. The company considers their employees as an asset like all successful organizations and is committed to facilitate their employees who in actual are the prime resources that leads towards the fulfillment of organizations strategic objectives. Five Competitive Forces Analysis of McDonalds Michael porter provided a frame work which contains the analysis of five different forces effecting the organization (Kim Warren, 2002). Through this analytical tool five different forces affecting McDonalds are evaluated. Figure 1 Porter Five Forces Model Threat of new entrants Fast food industry has gained a tremendous growth in the 21st century. Many fast food chains are operating in different countries. The major are KFC, Pizza Hut and Subway. However there are many local fast food chains that provide the same kind of products which these international fast food chains do. However, the quality and standard is not up to the level of these chains still these chains are able to grasp a handsome amount of market share. The entry in this business is not a difficult task; however, to launch a chain at the level of McDonald is quite difficult. Threat of Substitutes There are several substitutes available against the products of McDonalds, which are also liked by the consumers. So McDonalds also have to consider those substitutes while designing their strategies. Degree of Rivalry The competition in the fast food restaurant industry is intense. Having the major brands like KFC, PIZZA HUT and Subway , McDonalds really have to be up to the mark in terms of products and customer services to maintain the market leader position. Bargaining Power of Buyers Bargaining power of buyers in case of McDonalds is high as the customer has so many options so the fast food chains have to maintain their prices very competitive and keep the level of customer services up to the mark. Bargaining Power of Suppliers Bargaining power of supplier is not high in case of McDonalds. Suppliers try to add their names in the list of the big brand names such as McDonalds because of the frequency of their orders. Pest Analsyis of Mcdonalds Pestle analysis is to analyze the external forces which can affect the organization. Below is the brief analysis of McDonalds Figure 2 PEST Analysis Framework Political Forces Due to the global operations of the company there are several policies in different states which can affect the McDonalds policies and procedures. Economic Factors The global economy can affect the organization in many ways. The change in the fast food industry business can also affect the McDonalds in a positive or negative way. Social Factors Being operating in many countries across the globe, McDonald have to recognize the social and cultural factors. For instance in Muslim countries the fast food chain has to assure the community regarding the use of Halal chicken. Technological Factors The rapid change in technology will force the company to adapt it in order to survive in the competitive market. Furthermore, the introduction of new advertisement Medias gives a more chance to aggressively market the products through different channels. Conclusion McDonalds enormous success all over the globe is the result of their effective vision and mission which is leading the organization in the right direction. The selection of right strategies at the right time allows the organization to achieve the organization set aims and objectives. The progress of the company towards strategic aims and objectives is satisfactory. The selection of integrated strategic options will allow the company to progress more efficiently towards the achievement of strategic aims and objectives.
Tuesday, August 20, 2019
Creatio ex Capacitas and Creatio Continua: When having Power just isnt Enough :: Essays Papers
Creatio ex Capacitas and Creatio Continua: When having Power just isn't Enough In the beginning when God created the heavens and the earth, the earth was a formless void and darkness covered the face of the deep . . . Then God said, "Let there be light;" and there was light. ~ (Genesis 1:1-2a; 3 NRSV). The biblical passage above has been the subject of much debate in light of not only how God created, but also as to out of what He created. There are two main camps in this debate: those who affirm creatio ex nihilo and those who affirm panentheism. Both speak of God's omnipotent creativity expressed through the generation of new modes of existence. Creatio ex nihilo advocates claim that God did this 'out of nothing;' creating all things out of absolutely nothing. Panentheists purport that God created by influencing a realm of 'non-divine actualities.' These non-divine actualities are comprised of 'moments of experience,' which have always been, and these actualities present the options from which the next moments are created. Panentheists believe a realm of actualities has always existed alongside God, although the individual actualities themselves are neither eternal nor do possess any divine power in, or of, themselves. Those on both sides of this debate profess God to be a sovereign, holy, omnipresent, and a personal being who interacts with the loving intent of bringing about the most possible good for all creation. The discrepancy in the debate is found in the different views of how this goal is carried out. As a result, some of the attributes of God are conceived differently: in particular God's love and omnipotence, and free creaturely response to God. Those professing creation ex nihilo come under fire by those who ask the question "what is nothing?" This question cannot be ignored, because, while it endows God with unlimited power over creation by showing Him to be the sole actor in creating, creatio ex nihilo seems paradoxical. Or as Peter Van Inwgen says, To say that there is nothing is to say that there isn't anything, not even vast emptiness. If there were a vast emptiness, there would be no material object - no atoms or elementary particles or anything made of them - but there would nevertheless be something: the vast emptiness (Qtd. "Creation Out of Nothing" Lodahl. 2). Critics criticize panentheists for affirming the existence of a 'realm of non-divine actualities. Creatio ex Capacitas and Creatio Continua: When having Power just isn't Enough :: Essays Papers Creatio ex Capacitas and Creatio Continua: When having Power just isn't Enough In the beginning when God created the heavens and the earth, the earth was a formless void and darkness covered the face of the deep . . . Then God said, "Let there be light;" and there was light. ~ (Genesis 1:1-2a; 3 NRSV). The biblical passage above has been the subject of much debate in light of not only how God created, but also as to out of what He created. There are two main camps in this debate: those who affirm creatio ex nihilo and those who affirm panentheism. Both speak of God's omnipotent creativity expressed through the generation of new modes of existence. Creatio ex nihilo advocates claim that God did this 'out of nothing;' creating all things out of absolutely nothing. Panentheists purport that God created by influencing a realm of 'non-divine actualities.' These non-divine actualities are comprised of 'moments of experience,' which have always been, and these actualities present the options from which the next moments are created. Panentheists believe a realm of actualities has always existed alongside God, although the individual actualities themselves are neither eternal nor do possess any divine power in, or of, themselves. Those on both sides of this debate profess God to be a sovereign, holy, omnipresent, and a personal being who interacts with the loving intent of bringing about the most possible good for all creation. The discrepancy in the debate is found in the different views of how this goal is carried out. As a result, some of the attributes of God are conceived differently: in particular God's love and omnipotence, and free creaturely response to God. Those professing creation ex nihilo come under fire by those who ask the question "what is nothing?" This question cannot be ignored, because, while it endows God with unlimited power over creation by showing Him to be the sole actor in creating, creatio ex nihilo seems paradoxical. Or as Peter Van Inwgen says, To say that there is nothing is to say that there isn't anything, not even vast emptiness. If there were a vast emptiness, there would be no material object - no atoms or elementary particles or anything made of them - but there would nevertheless be something: the vast emptiness (Qtd. "Creation Out of Nothing" Lodahl. 2). Critics criticize panentheists for affirming the existence of a 'realm of non-divine actualities.
Monday, August 19, 2019
Government Censorship of Music Misguided :: Argumentative Persuasive Topics
Government Censorship of Music Misguided Granted, there are entertainers in the music business who, as Tipper Gore says in "Curbing the Sexploitation Industry," want to send the message that "sadomasochism is the essence of sex," so that they can make a not-so-honest dollar. As Charlene Choy says in "Romantic Rot," some performers will scream about anything, including "suicide, sadism, incest, [and] bestiality," if it will make them stand out and turn a bigger profit than another musician. Still, Gore and Choy are missing the essence of modern rock. To explain which aspect of modern rock Gore and Choy have overlooked, I will define rock in a broader sense than many people use in their day-to-day conversation: for the purposes of this argument, I will define "rock music" to mean any form of music which has emerged since the 1940's which has had enough popularity to allow people to identify themselves as a member of a group based on the type of music to which they listen. Therefore, types of music as diverse as disco, heavy metal, rap, classic rock (from the 1950's through the 1970's), "grunge," pop, industrial rock, and country-western will be covered under this definition. What Gore and Choy have misunderstood is the way that music can create bonds between people, both between individual fans of a particular group and between the singer and an individual fan. People can learn how others think and can learn more about themselves through the sometimes-brutal reality of modern musical lyrics. Nirvana's song "Dumb" can show popular people how it feels to go through high school as a social outcast. The music of Garbage and L7 can give men a glimpse of the female mind. The music of Nine Inch Nails and the Gin Blossoms can take sane people on a trip through the mind of someone who is losing his (or her) sanity. Music can also help people, particularly those going through painful times (such as adolescence) to understand that they are not alone and that other people have the same feelings that they do. After grunge-rock superstar Kurt Cobain committed suicide in April 1994, one fan wrote to Rolling Stone magazine describing how the music of Cobain's band, Nirvana, made her feel. "I could be feeling like total shit," wrote Carrie Loy, "and hear a Nirvana song and end up feeling renewed afterward.
Sunday, August 18, 2019
Philosophy - Are we Willing to Accept the Changes that Philosophical T
Philosophy - Are we Willing to Accept the Changes that Philosophical Thinking can Bring? Philosophy is a general overview of how our society functions, by how we think and the many ways in which we act. It can also be described as the love of wisdom. As individuals we are introduced to ideas that test our knowledge of the different concepts of life, with questions such as who are we and why were we brought here? Philosophical questions have made an impact on us with thoughts that don't usually have an answer to the question which was brought forward, and to which neither side knows the answer to. For thousands of years mankind has questioned the origins of human life and the nature of the cosmos. Over the years, great philosophers such as Plato and Aristotle philosophized such questions as: What is the meaning of life on Earth? What were the circumstances that caused us to wonder about why we are here? And which method for searching for the meaning of life do we prefer? Such questions have also boggled my mind. The philosophy of oneââ¬â¢s life, can only be answered b y that person whom it consumes. Philosophy and our daily lives are closely linked to each other. At work and or school we are sometimes bombarded with questions that may occasionally affect our way of thinking, and in some cases our moral beliefs. In the community, we are subjected to things that become integrated into our lives, and we are left with the agony of trying to figure out the right or wrong answer, wh... Philosophy - Are we Willing to Accept the Changes that Philosophical T Philosophy - Are we Willing to Accept the Changes that Philosophical Thinking can Bring? Philosophy is a general overview of how our society functions, by how we think and the many ways in which we act. It can also be described as the love of wisdom. As individuals we are introduced to ideas that test our knowledge of the different concepts of life, with questions such as who are we and why were we brought here? Philosophical questions have made an impact on us with thoughts that don't usually have an answer to the question which was brought forward, and to which neither side knows the answer to. For thousands of years mankind has questioned the origins of human life and the nature of the cosmos. Over the years, great philosophers such as Plato and Aristotle philosophized such questions as: What is the meaning of life on Earth? What were the circumstances that caused us to wonder about why we are here? And which method for searching for the meaning of life do we prefer? Such questions have also boggled my mind. The philosophy of oneââ¬â¢s life, can only be answered b y that person whom it consumes. Philosophy and our daily lives are closely linked to each other. At work and or school we are sometimes bombarded with questions that may occasionally affect our way of thinking, and in some cases our moral beliefs. In the community, we are subjected to things that become integrated into our lives, and we are left with the agony of trying to figure out the right or wrong answer, wh...
Saturday, August 17, 2019
Code Changes After the Mgm Grand Fire
On the Morning of November 21, 1980, a fire burned that killed 85 people, and ultimately injured more than 700 others. Typically, it has come to be known that in order for a new law, regulation, and/or ordinance to be put into place, there has to be a previous event that causes death or injury, makes the news, or basically anything that stirs the voices of the public. The 1980 MGM Grand Fire was just that. Most people remember a lot of people died in the fire and that it was the catalyst for Nevada's tough fire codes and retrofit laws that make the state's resorts among the safest places to stay (Morrison). The 1980 fire at the MGM Grand Casino and Hotel changed fire codes, and established new ones, some of which are still in place today. Many critics and other individuals involved with the fire report and investigation of the MGM Grand Fire said that that if there were properly installed, maintained, and adequate fire sprinkler systems installed, the fire would have been a two-sprinkler fire. Instead, the chairman of the MGM Grand building committee opted against the installation of fire sprinkler systems during construction in the 1970s. As previously stated, 85 people died and more than 700 others were injured, basically all resulting from a poor decision made to save 192,000 dollars by opting not to install fire sprinklers. Ironically, the damages from the fire as well as the lawsuits placed against the MGM Grand Corporation resulted in billions of dollars worth of deficit. Not more than three months after the November fire, Nevadaââ¬â¢s building and fire codes were revised to have the most strict fire sprinkler and life safety codes in the country. All hotels larger than fifty-five feet in height were required to be retrofitted with fire sprinkler systems. Also, all future building constructed of three or more stories were required to install fire sprinkler systems.Building officials and chairpersons of hotels and casinos in Nevada were largely opposed to retrofitting their buildings with fire sprinkler systems. Their reasoning for this was that the average cost of the retrofit was usually no less that two million dollars in cost. Ultimately, it took another loss of life and injury causing fire to force these retrofits to take place. While the state of Nevada and the rest of the world was still caught in the wake of the MGM Grand fire, an arsonist set fire to the Las Vegas Hilton Casino on February 10, 1981. Eight people perished and more than 200 w ere injured. Opposition to the expensive retrofitting disappeared. At the time of the MGM Grand Fire, it was not required that fire department personnel had to be part of the building construction plan review process. The fire department is now largely involved in the construction and plan review process before a building is built. Also, construction materials used are more fire resistant. Ventilation systems have also been improved, and are very helpful in removing the smoke, rather than allowing it to make its way to upper floors of a high rise structure, which was a large cause of loss of life in the MGM Grand fire due to smoke inhalation and carbon monoxide poisoning. Have there been fires in hotels and casinos since the disastrous MGM Grand Fire in 1980? Of course there has. The reason why you may not hear about them as much or there isnââ¬â¢t a loss of life is that most fires are confined to a single room and contents fire, and are extinguished before they are allowed to rapidly spread. This is credited in large part to adequate fire sprinkler systems as well as fire resistant construction. A former Las Vegas fire chief stated that because of the fire code changes and additions as a result of previous fire make Las Vegas Hotels some of the safest to stay in. Also, fire departments are adequately trained and prepared to fight fire in these structures through annual high rise firefighting trainings. The MGM Grand Fire on November 21, 1980, made for revisions of fire codes and the additions of new codes, that are still in place today.
Friday, August 16, 2019
General Duty Clause: A Curse or a Blessing Essay
It is quite true that employers have the responsibility to supervise the health and safety of its employees in the workplace. Companies who ignore the need to assure its employees should be punished and those who render their workforce a secure facility should be hailed and honored as models. Government regulations are always implemented to protect the lives of workers. The Occupational Safety and Health Act of 1970 (OSHact) is one example of the various laws passed by the Congress. Nevertheless, there is one particular provision in the OSHact that is ambiguous; this section is often called the ââ¬Å"General Duty Clauseâ⬠. According to the act, the General Duty Clause states that: (2a) Each employer (1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; (2) shall comply with occupational safety and health standards promulgated under this Act. (2b) Each employee shall comply with occupational safety and health hazards and all rules, regulations, and orders issued pursuant to this Act which are applicable to his own actions and conduct. The increasing awareness of the various work-related accidents in society has urged the Congress to enact such provision of the law. The General Duty Clause obliges employers to recognize all types of hazards in their workplace. It also expects that employers should design and maintain the safety of the workplace to minimize any accidents that the identified hazards may bring to the employees (http://www. epa. gov). Due to this section of the OSHact, The Department of Labor Occupational Safety and Health Administration (OSHA) visit all working facilities to inspect any violations regarding the said provision. The employers should then devote some of their resources on useful expertise and knowledge to reduce if not to eliminate hazards. Furthermore, the General Duty Clause has a very broad scope that compliance to it seems to be so arduous (http://www. dem. ri. gov). The article expects that beside the accredited standards and hazards known to the OSHA, the employers also need to pin point unknown and undiscovered hazards in their facilities. Therefore, although there is no detailed standard regarding a hazard, the company can be cited for violation (Robins, 1988, p. 31). This can be very demanding since a single skipped hazard however simple may put the company into jeopardy if the OSHA representative finds it out before the management does. Another difficulty that the employer can encounter is the inadequate capacity of the management to accommodate the means to eliminate or reduce the hazard (http://www. dem. ri. gov). This is especially important to small businesses and companies who are not financially ready to solve such problems. The General Duty Clause is very advantageous to employees and workers. Such is so because the OSHA inspector has great power regarding this section of the Act. The inspector can manipulate violations and hazards in the way that can jeopardize the company. Since the inspector is supposed to examine the workplace and the system processes occurring in the workplace, he can pinpoint even the smallest hazard in the vicinity. He can even be paying attention at a possible hazard that to him is viable but in reality and in the companyââ¬â¢s context is not a hazard at all. This is possible because the General Duty Clause does not only speak of recognized hazards that have written standards from the OSHA. The General Duty Clause, as its name implies, encompasses all possible hazards even those that are yet to be discovered. A violation in the OSHA can overthrow the success of a company. Thus, such a situation is one of the events that the employers are frightened about. An OSHA representative can simply walk into your factory and find pitfalls that can damage the profits of the company. Even at some instances, the inspector can find a new hazard that has never been known in the entire history and yet it finds it a hazard in your community. This simple violation can then cause the closure of the said facility. Another headache that can be caused by the General Duty Clause is the over assurance that it can produce to an employerââ¬â¢s workforce. In liberal and radical environments, the workersââ¬â¢ union can exaggerate the possible hazards that are not really potentially dangerous and file a case at the OSHA. These then can overly demand a pile of benefits that can deplete the resources of the company. Some accidents may happen in a facility and yet no hazard can be the root cause of such occurrences but the workersââ¬â¢ union can still file a case against the company because of the provision of the General Duty Clause. Although accidents do happen, sometimes these are not actually due to the dangers of the workplace but rather due to the incapability, carelessness or ignorance of employees. The General Duty Clause has an excellent aim that is to provide a safe working environment for employees. This is an important goal for the employer who regards his people as his most significant asset. Nevertheless, the whole text of the General Duty Clause has so much ambiguity that sometimes, some opportunistic employees and inspectors use it against the company and thus ruin its existence. It should therefore be used and implemented with dignity and justice to create a more cooperative interrelationship between the OSHA, the employer and its employees.
Acids and Alkalis Lab Report Essay
An acid is a group of chemicals. Acids are positively charged ions, they are liquid and are solutions of pure compounds in water. If you want to know if something is an acid, you can test it by using litmus paper. Acids will turn litmus paper red, whilst alkalis will turn it blue. Alkalis are negatively charged ions and are usually solid. Aim:To find out how much of different acids is needed to neutralize 25mls of sodium hydroxide solution (NaOH). Hypothesis:The strongest alkali will need the smallest amount of an acid to cancel out and the weakest will need more acid. Variables: Control| Independent| Dependent| The indicator, NaOH| H2SO4 HClHNO3| The chemical reaction between the acids and alkali. | Materials / Apparatus: * H2SO4 * HCL * HNO3 * Alkali (NaOH) * Stand * Burette * Beaker * Funnel * Bunsen Burner * Crucible * Phenolphyalein Method: 1. Pour the 25 ml of NaOH into a beaker. 2. Drop three drops of phenolphyalein into the beaker. 3. The solution will now turn pink. . Through a funnel, pour the acid into the burette. Start dripping a few drops one by one into the beaker. 6. The solution will start getting a lighter shade of pink. 7. Stir the beaker around. 8. Once the solution turns clear, stop adding more acid. 9. Calculate the amount of acid used. 10. Take the solution and pour a bit of it into a crucible. 11. Light the Bunsen burner. 12. The salt solution will turn into salt crystals when it is heated. NaOH + HCl = NaCl + H2O NaOH + HNO3 = NaNO3 NaOH + H2SO4 = Na2SO4 + 2H2O Observations: Alkali| Acid| Moles| Observation| NaOH| HCL| 1 Mole| Took 4 ml to neutralize. No further experiment was made. | NaOH| HCL| 0. 1 Mole| Took 31 ml to neutralize. 2. 30 minutes until pink salt crystals were formed. | NaOH| HNO3| 1 Mole| Took 19. 2 ml to neutralize. 2 minutes until good white salt crystals were formed. | NaOH| H2SO4| 2 Moles| Took 1. 1 ml to neutralize. 2. 15 minutes until rings of white salt were formed. | Analysis: The weakest acid (HCl 0. 1 Mole) needed the most alkali to be made into salt and the strongest (H2SO4 2 Moles) needed the least. Different experiments made different salts. Conclusion: The strongest acid will work faster and you will need less. This is because it is a lot more reactive than the weaker acids and it will want to react much faster with the alkali. Evaluation: In my group, Zuzanna and I were the ones doing the experiment while everyone else observed and took notes on what happened. The first time, we dropped one too many drops of H2SO4 in the alkali so the alkali quickly turned pink again. We had to try it six times before we could get it right because we kept putting too much in or we would forget how much we put in. But after a few tries we finally got it to work and we got the correct solution. Therefore we could finally go on to the next step and heat up the solution. It took our salt around 2 minutes and 15 seconds to heat up, evaporate and leave us with small rings of white salt crystals. Our salt crystals did not turn out as the best, but they were successful.
Thursday, August 15, 2019
Early Death Penalty Laws Essay
The death penalty laws were started way back in the eighteenth century B. C. under the Code of King Hammaurabi of Babylon which covered the death penalty for approximately 25 different offenses or crimes. In the Fourteenth Century B. C. of the Hittite Code, the Fifth Century B. C of Roman law of the Twelve Tablets and the Seventh Century B. C. of the Draconian Code of Athens used death penalty as a part of their laws and made capital punishment as the sole punishment for every crime committed. During those times, death penalties were executed through drowning, beating to death, crucifixion, burning alive and impalement. Moreover, during the Tenth Century A. D. in Britain, the common method of executing the accused was through hanging. A century later, William the Conqueror would not like to see and permit any convict to be hanged or else executed for any offense except during times of war. But this trend did not last because during the reign of Henry VIII in the Sixteenth Century, there were approximately 72,000 convicts that were executed. The methods used in the execution during his reign were burning at the stake, hanging, boiling, beheading, quartering and drowning. In addition, in the following two centuries, the rate of capital offenses continued to go up in Britain. During the 17th century, there were about 222 crimes were sentenced by death penalty in Britain which included cutting down a tree, stealing and stealing a rabbit warren. And due to drastic punishment of death, several juries would not easily convict a defendant if the case committed was not really serious. This action had brought changed in the death penalty of Britain. Since 1823 up to 1837, the capital punishment was abolished for over 100 of the 222 offenses sentenced to death. Furthermore, Britain had influenced the United States of America to practice death penalty compared to any other country. As the time European colonizers arrived in the new world, they brought with them the practice of death penalty. The first man ever recorded and received such punishment in 1603 under the new colonies was Captain George Kendall in the Jamestown colony of Virginia. Captain George Kendall was sentenced to death because he was a spy of Spain. Four years later, Sir Thomas Dale (a governor from Virginia) decreed the Devine, Moral and Martial Laws which used death penalty even for minor crimes like killing chickens, trading with Indians and stealing grapes. Laws which regard to capital punishment depend from colony to colony. The first execution in the Massachusetts Bay Colony happened in 1630 although the Capital Laws of New York Colony instituted the Laws of Duke of 1665. In these laws mentioned, crimes like denying the ââ¬Å"true Godâ⬠and striking individualââ¬â¢s father or mother were sentenced to death (see ââ¬Å"Early Death Penalty Lawsâ⬠. History of the Death Penalty, p. 1). In addition, the chart below records the practice of death penalty in United States of America in the past four centuries. The chart emphasizes the gradual rate growth of death penalty during seventeenth, eighteenth and nineteenth centuries. In the middle of 1930s, there were approximately 200 executions happened every year and between 1967 and 1977, there was succeeding regression in practice and a suspension on executions. The statistics utilized in the chart were compiled from M. Watt Espy and John Ortiz Smylkaââ¬â¢s database ââ¬Å"Executions in the U. S. 1608-1987: The Espy File. â⬠(See ââ¬Å"Executions in the U. S. 1608-1978: The Espy File. DPIC, 2006). C. Different methods used to execute people There are many ways on how to execute death penalty as mentioned in the earlier discussion. But then again, there are seven principal methods of execution that are presently use globally and these are the hanging, firing squad, lethal injection, stoning, poison gas, guillotine, and electric chair. c. 1 Hanging If this method handled properly, this would be considered as humane method. The neck is intentionally broken and then, death quickly comes. Nonetheless, if the fall is insufficient, the convict will slowly choke to death. If it is excessively great, the rope has the tendency to slit the convictââ¬â¢s head (see ââ¬Å"Methods used to execute peopleâ⬠. Facts about capital punishment: Part 1: Data and Trends. Religious Tolerance. org). c. 2 Firing Squad The convict is tied and shot in the heart using several marksmen. Death is expectedly to be fast and of all of the states in the United States of America, only the Utah practiced such method. In March 15, 2004, the method was abolished by other states and chose to have lethal injection instead, but with the exception of the four convicted murderers on death rows that were sentenced to death through firing squad (see ââ¬Å"Methods used to execute peopleâ⬠. Facts about capital punishment: Part 1: Data and Trends. Religious Tolerance. org). c. 3 Lethal Injection This kind of method is the most ââ¬Å"convenientâ⬠execution of death penalty. While the convict is lying on the table, the lethal drugs are injected to him/her. Normally, sodium pentothal is injected to cause unconsciousness to the convict. After that, pancuronium bromide is injected. This drug stops breathing and paralyzes the convict. Then lastly, potassium chloride is injected to end the circulation of the heart. If this method is properly performed, the convict easily becomes unconscious. But if the dosage is extremely slow, the person may possibly experience paralysis. This kind of method is practiced by most states in the United States of America (see ââ¬Å"Methods used to execute peopleâ⬠. Facts about capital punishment: Part 1: Data and Trends. Religious Tolerance. org). c. 4 Stoning The convict is frequently buried up to his neck and bombarded with rocks till the convict will finally die. Rocks are used for this method because they are big enough to initiate fatal injury to the convict but even one rock can already cause death to the convict. This method is absolutely not practiced in all states of United States of America but is actually practiced in several Muslim countries as a punishment for adultery, murder, blasphemy and other offenses (see ââ¬Å"Methods used to execute peopleâ⬠. Facts about capital punishment: Part 1: Data and Trends. Religious Tolerance. org). c. 5 Poison Gas Cyanide is dropped into acid which produce Hydrogen Cyanide. It is a deadly gas. It would take several minutes of anguish and pain before the convict dies (see ââ¬Å"Methods used to execute peopleâ⬠. Facts about capital punishment: Part 1: Data and Trends. Religious Tolerance. org). c. 6 Guillotine This was recognized and eminent French invention and not practiced in North America. It cuts the neck and death comes very fast (see ââ¬Å"Methods used to execute peopleâ⬠. Facts about capital punishment: Part 1: Data and Trends. Religious Tolerance. org). c. 7 Electric chair This is the only method of death execution that not a single person knows how fast the convict dies from the electric shock or what the individual is experiencing. The ACLU explains two incidents where convicts obviously lived for 4 up to 10 minutes before they will die (see ââ¬Å"Methods used to execute peopleâ⬠. Facts about capital punishment: Part 1: Data and Trends. Religious Tolerance. org).
Wednesday, August 14, 2019
Implied Warranties Case Study
Implied Warranties Case Study Implied Warranties FACTS: Peter and Tanya Rothing operated Diamond R Stables near Belgrade, Montana, where they bred, trained and sold horses. Arnold Kallestad owns a ranch in Gallatin County, Montana, where he grows hay and grain, and raise Red Angus cattle. For more than twenty years, Kallestad has sold between 300 and 1,000 tons of hay annually, sometimes advertising it for sale in the Bozeman Daily Chronicle. In 2001, the Rothingââ¬â¢s bought hay from Kallestad for $90 a ton.They received a delivery on April 23. In less than two weeks, at least nine of the Rothingsââ¬â¢ horses exhibited symptoms of poisoning that was diagnosed as botulism. Before the outbreak was over, nineteen animals died. Robert Whitlock, associate professor of medicine and the director of the Botulism Laboratory at the University of Pennsylvania concluded that the Kallestadââ¬â¢s hay was the source. The Rothingââ¬â¢s filed a suit in a Montana state court against Kalle stad, claiming in part, breach of the implied warranty of merchantability.Kallestad asked the court to dismiss the claim on the grounds that, if botulism had been present, it had been in no way foreseeable. ISSUE: Should the court grant this request? Why or why not? [Rothing v. Kallestad, 337 Mont. 193. 159. P. 3d22 (2007)] DECISION: The court should not grant Kallestadââ¬â¢s request for dismissal because he breached his contract with the Rothings and failed to honor the implied warranty of merchantability. In addition, Kallestad should be ordered to reimburse or compensate the Rothings for the goods and products theyââ¬â¢ve lost due to the defective product they received from Arnold Kallestadââ¬â¢s ranch.REASONS: From a personal standpoint, Arnold Kallestad may have not known the true conditions of the hay he sold to Peter and Tonya Rothing. For more than two decades Kallestad provided quality alfalfa hay at a competitive price. This, from what the facts tell us, is the fi rst major incident to occur within their business relationship. All the other purchases of hay were perfectly fine and free of disease and toxins. This isolated incident could be viewed as an unforeseeable accident. From a legal standpoint, Peter and Tonya Rothing have the law on their side.The Rothings claimed Kallestad breached the implied warranty of merchantability which is defined as ââ¬Å"a warranty that goods being sold or lease are reasonably fit for the general purpose for which they are sold or leased, are properly packaged and labeled, and are of proper quality. The warranty automatically arises in every sale or lease of goods made by a merchant who deals in goods of the kind sold or leasedâ⬠(Miller and Gaylord 360). The goods in question would be the alfalfa hay Kallestad harvested from his property annually.For the purpose of this case, goods are defined as ââ¬Å"atà à §Ã à 30-2-105(1), MCA, to mean:à à all things (including specially manufactured goo ds)à which are movable at the time of identification to the contract for saleà other than the money in which the price is to be paid, investment securities â⬠¦ and things in actionâ⬠(asci. uvm. edu). Kallestad would be considered a merchant of these goods because he has sold 300 to 1,000 tons of hay every year and advertises his product in the local newspaper on a regular basis.Therefore, it is established In Arnold Kallestadââ¬â¢s testimony, he admitted the hay the Rothings received were second cuttings and properly treated and dried. He also admitted ââ¬Å"the hay was exposed to moisture during the winter months and that, one winter, a ditch near the stacked hay overflowed causing water to go along the west side of the stack of hay and then onto the roadâ⬠(asci. uvm. edu). During this possible exposure, the overflow of water could have contained toxins from the soil or standing water located on Arnold Kallestadââ¬â¢s ranch, and contaminated the hay sold to Peter and Tonya Rothing.According to the U. S. National Library of Medicine, ââ¬Å"Clostridium botulinumà is found in soil and untreated water throughout the worldâ⬠which may be where the botulism came from (nlm. nih. gov). As for the compensation for the goods and products lost due to the defective hay sold to the Rothings, Kallestad is held liable refunding all monies paid for the purchase of the hay. In addition to the refund, he must also remit monies for the clean-up of infected areas on Diamond R. Stables, veterinary bills for services rendered, and compensation for the 19 animals killed as a result of the hay infected with botulism. Botulism: MedlinePlus Medical Encyclopedia. â⬠à U. S National Library of Medicine. Ed. Linda J. Vorvick, MD and Jatin M. Vyas, MD, PhD. U. S. National Library of Medicine, 24 Aug. 2011. Web. 05 Mar. 2012. . Miller, Roger LeRoy. , and Gaylord A. Jentz. Business Law Today: The Essentials: Text & Summarized Cases: E-commerce, Legal , Ethical, and International Environment. 9th ed. Mason, OH: South-Western Cengage Learning, 2011. Print. ââ¬Å"Rothing v. Kallestad. â⬠à Department of Animal Science (ASCI): University of Vermont. The University of Vermont. Web. 04 Mar. 2012. .
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