Pablo Membreno

The plaintiff Pablo Membreno was a citizen of Honduras, who worked as an oiler on the ships owned by Costa Crociere, S. p. A (Costa), which was an Italian company whose headquarters were in Genoa, Italy. Costa fully owned another company Carnival Corporation, panama. Carnival Corporation was operating in Miami, Florida. Costa had no land – based offices in the United States. Membreno was hired on contract by Cruise Ships Catering & Service International, N. V. (CSCS), Netherlands Antilles, to work onboard Costa Atlantica, which began its cruise from Fort Lauderdale, Florida.While the ship was in international waters, Membreno injured his wrist in the course of his work. The plaintiff claimed that despite having reported the matter to the supervisor and the ship’s doctor, he had not been given medical treatment. Five days later, his contract was completed and he disembarked from the ship. In Honduras a surgeon diagnosed Membreno with Kinnock’s disease and recommen ded surgery. Membreno sought a second opinion in Miami from an orthopedic surgeon, who performed surgery on the plaintiff’s wrist.He also received physical therapy. Procedural History: Membreno filed a case in the Southern District Court of Florida seeking redress for his damage. The number of defendants in the case was four but later reduced to two upon a consensus of the parties to the case. Costa and CSCS invoked the doctrine of forum non conveniens to move the court for a dismissal. The district court dismissed the case and Membreno appealed in the Eleventh Circuit Court. Issues legal question:The legal issues raised were whether or not the plaintiff could seek redressal in US courts for an injury that had occurred in international waters, the area of applicability of the Jones Act and the General Maritime Laws and whether such actions could be dismissed on the grounds of forum non conveniens. Broad holding: The Jones Act and the General Maritime Laws apply only within th e territorial waters of the United States and the plaintiff will be precluded from filing suit at the location of a subsidiary company. Narrow holding:The district court rejected the application of the plaintiff seeking redress on the basis that he was injured in the international waters and the Florida company was merely a subsidiary company. Doctrinal Reasoning: In Szumlicz v. Norwegian Am. Line, Inc the court had held that if the laws of the United States were not applicable, then the action should be dismissed on the grounds of forum non conveniens (Szumlicz v Norwegian Am. Line, Inc, 1983). In Lauritzen v. Larsen, the Supreme Court laid down a set of eight factors to be satisfied.These factors are the place of the wrongful act, the national flag under which the ship was sailing, the domicile of the injured party, the dwelling place of the ship owner, the location where the parties had entered into the agreement, the approachability of a foreign forum, the law of the forum and t he place of operations of the ship owner (Lauritzen v. Larsen, 1953 ). In the present case, six conditions had been in the favor of the defendants and as such the defendants had argued that the United States law was not applicable to the plaintiff.Policy Reasoning: The district court had properly interpreted and applied the doctrine of forum non conveniens in this case and the Eleventh Circuit Court upheld the decision of the district court. Miscellaneous: There was no difference of opinion between the presiding judges and the decision was unanimous. References Lauritzen v. Larsen, 345 U. S. 571 (1953 ). Szumlicz v Norwegian Am. Line, Inc, 698F. 2d 1192 (11th Circuit Court 1983).

Spirit Bound Chapter Eleven

WELL. HOW PERFECT. It took us a while to decide our next course of action. We tossed around a few feeble ideas to track Robert and Victor, all of which we eventually shot down. Robert's phone was a cell, and while the CIA could trace those kinds of things, we certainly couldn't. Even if Robert's address was listed in the phone book, I knew Victor wouldn't have let them go back there. And while Adrian and Lissa could spot a spirit user's aura, we could hardly go wandering aimlessly in a city and expect to find something. No, we were out of luck with those two. There was nothing to be done now but head back to Court and face whatever punishment awaited us. We–I–had screwed up. With sunset approaching–and seeing as we no longer had a known criminal to get us in trouble–my group glumly decided to head to the Witching Hour to make our travel plans. Lissa and I had the potential to be recognized over there, but runaway girls weren't quite in the same category as fugitive traitors. We decided to roll the dice (no pun intended) and hang around guardians rather than risk more Strigoi attacks before we could get out of Vegas. The Witching Hour was no different from any of the other casinos we'd been to–unless you knew what to look for. Humans there were too interested in the allure of the games and glitz to notice that a lot of the other patrons were uniformly tall, slim, and pale. As for the dhampirs? Humans couldn't tell that we weren't human. It was only the uncanny sense Moroi and dhampirs had that let us know who was who. Sprinkled throughout the cheering, chattering, and–at times–wailing crowd were guardians. As in demand as guardians were, only a handful could be allocated full-time to a place like this. Fortunately, their numbers were reinforced by the wealthy and powerful who'd come to play. Excited Moroi whooped over slot machines or roulette while silent, watchful guardians hovered behind them, keeping an eye on everything. No Strigoi would come here. â€Å"What now?† asked Lissa, almost yelling over the noise. It was the first time any of us had spoken since deciding to go here. We'd come to a halt near some blackjack tables, right in the thick of everything. I sighed. My mood was so dark, I didn't even need any spirit side effects. I lost Victor, I lost Victor. My own mental accusations were on an endless loop. â€Å"We find their business center and book tickets out of here,† I said. â€Å"Depending on how long until we can catch a flight, we might have to get a room again.† Adrian's eyes were scanning the action around us, lingering longest on one of the many bars. â€Å"Wouldn't kill us to spend a little time here.† I snapped. â€Å"Really? After everything that's happened, that's all you can think about?† His enraptured gaze turned back to me and became a frown. â€Å"There are cameras here. People who may recognize you. Getting hard proof that you were in this casino and not Alaska is a good thing.† â€Å"True,† I admitted. I think Adrian's typical blase air was masking discomfort. Aside from learning why I'd really come to Las Vegas, he'd also run into Strigoi–Dimitri among them. That was never an easy experience for any Moroi. â€Å"Though we've got no alibi for when we were actually in Alaska.† â€Å"So long as Victor doesn't get himself spotted around here, no one's going to make the connection.† Adrian's voice became bitter. â€Å"Which really shows how stupid they all are.† â€Å"We helped put Victor away,† said Lissa. â€Å"No one would think we'd be crazy enough to let him out.† Eddie, staying silent, gave me a pointed look. â€Å"Then it's settled,† said Adrian. â€Å"Somebody go book us tickets. I'm going to get a drink and try my hand at some games. The universe owes me some good luck.† â€Å"I'll get the tickets,† said Lissa, scanning a sign that pointed out the directions for the pool, restrooms–and business center. â€Å"I'll go with you,† said Eddie. Whereas before his expression had been accusatory, he now seemed to be avoiding my eyes altogether. â€Å"Fine,† I said, crossing my arms. â€Å"Let me know when you're done, and we'll find you.† That was to Lissa, meaning she'd tell me through the bond. Convinced he was free, Adrian headed straight for the bar, me trailing after him. â€Å"A Tom Collins,† he told the Moroi bartender. It was like Adrian had a mental cocktail dictionary in his head and just checked them off one by one. I almost never saw him drink the same thing twice. â€Å"You want it spiked?† the bartender asked. He wore a crisp white shirt and black bow tie and hardly appeared older than me. Adrian made a face. â€Å"No.† The bartender shrugged and turned around to make the drink. â€Å"Spiked† was Moroi code for putting a shot of blood into the drink. There were a couple of doors behind the bar, ones that probably led to feeders. Glancing down the bar, I could see happy, laughing Moroi with red-tinged drinks. Some liked the thought of having blood with their alcohol. Most–like Adrian, apparently–wouldn't take blood unless it was â€Å"straight from the source.† It supposedly didn't taste the same. While we waited, an older Moroi standing next to Adrian glanced over at me and nodded with approval. â€Å"You got yourself a good one,† he told Adrian. â€Å"Young, but that's the best way.† The guy, who was either drinking red wine or pure blood, jerked his head toward the others standing at the bar. â€Å"Most of these are used and washed-up.† I followed his shrug, even through there was no need. Interspersed among the humans and Moroi were several dhampir women, dressed very glamorously in silk and velvet dresses that left little to the imagination. Most were older than me. Those who weren't had a weary look in their eyes, despite their flirtatious laughter. Blood whores. I glared at the Moroi. â€Å"Don't you dare talk about them like that, or I'll smash that wineglass in your face.† The guy's eyes widened, and he looked at Adrian. â€Å"Feisty.† â€Å"You have no idea,† said Adrian. The bartender returned with the Tom Collins. â€Å"She's had kind of a bad day.† The asshole Moroi guy didn't look back at me. He apparently didn't take my threat nearly as seriously as he should have. â€Å"Everyone's having kind of a bad day. You hear the news?† Adrian looked relaxed and amused as he sipped his drink, but standing so close to him, I felt him stiffen a little. â€Å"What news?† â€Å"Victor Dashkov. You know, that guy who kidnapped the Dragomir girl and was plotting against the queen? He escaped.† Adrian's eyebrows rose. â€Å"Escaped? That's crazy. I heard he was at some maximum-security place.† â€Å"He was. No one really knows what happened. There were supposedly humans involved†¦ and then the story gets weird.† â€Å"How weird?† I asked. Adrian slipped an arm around me, which I suspected was a silent message to let him do the talking. Whether that was because he believed that was â€Å"proper† blood whore behavior or because he was worried I'd punch the guy, I couldn't say. â€Å"One of the guards was in on it–though he claims he was being controlled. He also conveniently says it's all a haze and he can't remember much. I heard it from some royals who are helping with the investigation.† Adrian laughed, taking down a big gulp of his drink. â€Å"That is convenient. Sounds like an inside job to me. Victor'd have a lot of money. Easy enough to bribe a guard. That's what I think happened.† There was a pleasant smoothness to Adrian's voice, and as a slightly dopey smile came over the other guy's face, I realized Adrian had pulled a little compulsion. â€Å"I bet you're right.† â€Å"You should tell your royal friends,† added Adrian. â€Å"An inside job.† The guy nodded eagerly. â€Å"I will.† Adrian held his gaze a few moments more and then finally glanced down to the Tom Collins. The glaze-eyed look faded from the man, but I knew Adrian's order to spread the â€Å"inside job† story would stick. Adrian gulped down the rest of the drink and set the empty glass on the bar. He was about to speak again when something across the room caught his attention. The Moroi man noticed too, and I followed both of their gazes to see what had them both so starstruck. I groaned. Women, of course. At first I thought they were dhampirs since my kind seemed to be making up most of the eye candy here. A double take revealed a surprise: The women were Moroi. Moroi showgirls, to be precise. There were several of them, clad in similar short, low-cut sequined dresses. Only, each one wore a different jewel-toned color: copper, peacock blue†¦ Feathers and rhinestones glittered in their hair, and they smiled and laughed as they passed through the gaping crowd, beautiful and sexy in a way different from my race. Which wasn't a surprise. I tended to notice Moroi men ogling dhampir girls more often, simply because I was a dhampir. But naturally, Moroi men were attracted to and infatuated with their own women. It was how their race survived, and though Moroi men might want to fool around with dhampirs, they almost always ended up with their own kind in the end. The showgirls were tall and graceful, and their fresh, brilliant appearances made me think they must be on their way to a performance. I could just imagine what a glittering display of dancing they must make. I could appreciate that, but Adrian clearly appreciated it more, judging from his wide-eyed look. I elbowed him. â€Å"Hey!† The last of the showgirls disappeared through the casino crowd, off toward a sign that said THEATER, just as I'd suspected. Adrian looked back at me, turning on a rogue smile. â€Å"Nothing wrong with looking.† He patted my shoulder. The Moroi standing next to him nodded in agreement. â€Å"I think I might take in a show today.† He swirled his drink around. â€Å"All this Dashkov business and that mess with the Dragomirs†¦ makes me sad for poor Eric. He was a good guy.† I put on a dubious look. â€Å"You knew Lissa's fath–Eric Dragomir?† â€Å"Sure.† The Moroi gestured for a refill. â€Å"I've been a manager here for years. He was here all the time. Believe me, he had an appreciation for those girls.† â€Å"You're lying,† I said coolly. â€Å"He adored his wife.† I'd seen Lissa's parents together. Even at a young age, I'd been able to see how crazy in love they were. â€Å"I'm not saying he did anything. Like your boyfriend said, nothing wrong with looking. But a lot of people knew the Dragomir prince liked to party it up wherever he went–especially if there was female company.† The Moroi sighed and lifted his glass. â€Å"Damn shame what happened to him. Here's hoping they catch that Dashkov bastard and leave Eric's little girl alone.† I didn't like this guy's insinuations about Lissa's dad and was grateful she wasn't around. What made me uneasy was that we'd recently found out Lissa's brother Andre had also been kind of a party boy who fooled around and broke hearts. Did that kind of thing run in the family? What Andre had done wasn't right, but there was a big difference between a teenage boy's exploits and those of a married man. I didn't like to admit it, but even the most in-love guys still checked out other women without cheating. Adrian was proof. Still, I didn't think Lissa would like the idea of her dad flirting around with other women. The truth about Andre had been hard enough, and I didn't want anything to shatter the angelic memories of her parents. I shot Adrian a look that said listening to this guy any longer really would come down to a fistfight. I didn't want to be standing here if Lissa came searching for us. Adrian, always more astute than he appeared, smiled down at me. â€Å"Well, my sweet, shall we try our luck? Something tells me you're going to beat the odds–like always.† I cut him a look. â€Å"Cute.† Adrian winked at me and stood up. â€Å"Nice talking to you,† he told the Moroi. â€Å"You too,† the man said. The thrall of compulsion was wearing off. â€Å"You should dress her better, you know.† â€Å"I'm not interested in putting clothes on her,† Adrian called as he steered me away. â€Å"Watch it,† I warned through gritted teeth, â€Å"or you might be the one with a wineglass in your face.† â€Å"I'm playing a part, little dhampir. One that's going to make sure you stay out of trouble.† We stopped near the casino's poker room, and Adrian gave me a head-to-toe assessment. â€Å"That guy was right about the clothes, though.† I gritted my teeth. â€Å"I can't believe he said those things about Lissa's dad.† â€Å"Gossip and rumors never go away–you of all people should know that. Doesn't matter if you're dead. Besides, that conversation was actually to our–by which I mean your–advantage. Somebody else is probably considering the inside-job theory already. If that guy can help get it around even more, it'll ensure no one even thinks the world's most dangerous guardian could have been involved.† â€Å"I suppose.† Forcibly, I pushed my temper down. I had always been trigger-happy, and I knew for sure now that the bits of darkness I'd gleaned from Lissa in the last twenty-four hours were making things worse, as I'd feared. I changed the subject, steering to safer ground. â€Å"You're being pretty nice now, considering how mad you were earlier.† â€Å"I'm not all that happy, but I've done some thinking,† Adrian said. â€Å"Oh? Care to enlighten me? â€Å"Not here. We'll talk later. We've got more important things to worry about.† â€Å"Like covering up a crime and getting out of this city without being attacked by Strigoi?† â€Å"No. Like me winning money.† â€Å"Are you crazy?† Asking Adrian that was never a good idea. â€Å"We just escaped a bunch of bloodthirsty monsters, and all you can think about is gambling?† â€Å"The fact that we're alive means we should live,† he argued. â€Å"Especially if we've got the time, anyway.† â€Å"You don't need any more money.† â€Å"I will if my dad turns me out. Besides, it's really about enjoying the game.† By â€Å"enjoying the game,† I soon realized that Adrian meant â€Å"cheating.† If you considered using spirit cheating. Because there was so much mental power tied into spirit, its users were very good at reading people. Victor had been right. Adrian joked and kept ordering drinks, but I could tell he was paying close attention to the others. And even though he was careful not to say anything explicitly, his expressions spoke for him–confident, uncertain, annoyed. Without words, he was still able to project compulsion and bluff the other players. â€Å"Be right back,† I told him, feeling Lissa's call. He waved me off, unconcerned. I wasn't worried about his safety either, seeing as there were a few guardians in the room. What concerned me was the possibility some casino official would notice his compulsion and throw us all out. Spirit users wielded it the most strongly, but all vampires had it to a certain extent. Using it was considered immoral, so it was banned among Moroi. A casino would definitely have reason to be on the lookout for it. The business center turned out to be near the poker room, and I found Lissa and Eddie quickly. â€Å"What's the report?† I asked as we walked back. â€Å"We've got a flight in the morning,† said Lissa. She hesitated. â€Å"We could have gone out tonight, but†¦Ã¢â‚¬  She didn't need to finish. After what we'd faced today, no one wanted to risk even the slightest chance of running into a Strigoi. Going to the airport would only require a taxi ride, but even still, that would mean we'd have to risk walking out into the darkness. I shook my head and led them toward the poker room. â€Å"You did the right thing. We've got time to kill now†¦. Do you want to get a room and get some sleep?† â€Å"No.† She shivered, and I felt fear in her. â€Å"I don't want to leave this crowd. And I'm kind of afraid of what I'd dream†¦.† Adrian might be able to act like he didn't care about the Strigoi, but those faces were still haunting Lissa–especially Dimitri's. â€Å"Well,† I said, hoping to make her feel better, â€Å"staying up will help get us back on the Court's schedule. You can also watch Adrian get thrown out by casino security.† As I'd hoped, watching Adrian cheat with spirit did indeed distract Lissa–so much so that she grew interested in trying it herself. Great. I urged her to safer games and recapped how Adrian had planted the idea of an inside job in the Moroi guy's head. I left out the part about Lissa's father. The night miraculously passed without incident–either of the Strigoi or security type–and a couple of people even recognized Lissa, which would help our alibi. Eddie didn't speak to me the entire night. We left the Witching Hour in the morning. None of us were happy about losing Victor or the attack, but the casino had soothed us all a little–at least until we got to the airport. At the casino, we'd been flooded with Moroi news, insulated from the human world. But while waiting for our plane, we couldn't help but watch the TVs that seemed to be everywhere. The headline story that night was all about a mass killing over at the Luxor, one that had left no clues for the police. Most of the casino guards involved had died from broken necks, and no other bodies were found. My guess was that Dimitri had tossed his cronies outside, where the sun would turn them to ash. Meanwhile, Dimitri himself had slipped away, leaving no other witnesses behind. Even the cameras had recorded nothing, which didn't surprise me. If I could disable surveillance at a prison, Dimitri could certainly manage it at a human hotel. Whatever mood-improvement we'd achieved instantly disappeared, and we didn't talk much. I stayed out of Lissa's mind because I didn't need her depressed feelings amplifying my own. We'd arranged a direct flight to Philadelphia and would then catch a commuter flight back to the airport near Court. What we'd face once there†¦ well, that was probably the least of our concerns. I wasn't worried about Strigoi boarding our plane in the daytime, and without any prisoners to watch, I allowed myself to fall into much-needed sleep. I couldn't remember the last time I'd gotten any on this trip. I slept heavily, but my dreams were haunted by the fact that I'd let one of the Moroi's most dangerous criminals escape and allowed a Strigoi to walk free and gotten a bunch of humans killed. I held none of my friends responsible. This disaster was all on me.

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Roles and responsibilities - Essay Example Coaching and physical instruction involves programming and planning process. It extensively involves the teaching style, the learning style, the leadership style, the coaching style and the communication skills. According to Cross (1999), physical fitness is categorized into two, first, is the general fitness which refers to the condition of an individual health and wealth being. Secondly, is the specific fitness which is mainly task-oriented. It is defined depending on an individual’s ability to carry out different aspects of sports. Physical fitness is gained through exercising, having the correct nutrition and adequate rest. All these are important in an individual’s life. According to Weinberg and Gould (2005), physical activity is an exercise through which the body is made to work extra hard than normal. It involves actives that go to the extreme level as compared to one’s routine of just sitting, standing and walking up the stairs. Increased Physical activi ty is beneficial to all. Sport is known to be a game that has its basis in physical athleticism, (Heyward, 2006). The roles and responsibilities of a coach are viewed at times as being complex and involving Cassidy, (2005). At the same time they are exciting and very rewarding to all individuals involved. ... This is based on the idea that reassurance and relieve is attained through sharing anxieties. Fourthly, a coach is a demonstrator; a coach has to clearly demonstrate the right skill which the athletes are supposed to perform. Fifth, he or she plays a role of a friend; a coach and an athlete develop personal relationship with time as they work together. Apart from provision of coaching advice sport coach become a close person who can also be involved problems discussion and sharing of success. A coach has to be careful and ensure that all personal information remains confidential. Through this, the coach will manage to maintain the existing friendship and respect. The sixth role is that of a facilitator, a coach is greatly involved in identifying the appropriate competitions which best suit the athletes. This will assist the competitors in attaining their yearly objectives. The seventh role is that of a fact finder, a coach plays a key role in collection of data of both national and i nternational results and provides updates with the latest training techniques. Eight, a coach is a fountain of knowledge; in some cases coaches are asked questions on different events on media, for example television, diet, sport injuries and other topics outside the field of sports. Ninth, a coach is also an instructor who is supposed to instruct athletes on different sport skills. Tenth, he or she is a motivator; a coach plays a key role in maintaining the motivation of athletes throughout the year. Twelfth, he or she is a role model, a coach remains to be a model on specific behavioural and social role for those under him or her to imitate. This is among the most important roles as coaches are required to be good examples to

The Influence of Martin Luther on the Modern Church Essay

The Influence of Martin Luther on the Modern Church - Essay Example While here, his greatest aim was to grow to be a saint and to secure himself a place in heaven. For that reason, he lived a very ascetic life following the minutest discipline details as well as learning the rules of mystical meditation and prayer. He spent his days praying and fasting, reading and studying, in night watches and in self-mortifications. His fellow monks, who envied his abstemiousness, saw him as a model of holiness (Hyatt, para2). Despite his many religious works and his leading this kind of austere lifestyle, Luther did not get any peace with God. Hannah explains that the more he strenuously sought out peace and forgiveness, the more they eluded him. In the year 1507, Luther was ordained as a priest and he celebrated his first mass. In the year 1511, he went to teach at a newly founded university in Wittenberg and, in the same year, he got his degree of doctor of theology. He started lecturing on Bible books in vernacular and in order to be in a position to do th is astutely, he started studying the Bible in the initial languages. As Luther taught through the scriptures, especially Galatians, psalms and Romans, he realized that his attempts to gain peace through his own effort were hopeless. He started perceiving the validity of justification via faith in Jesus only (Hyatt, para4 and Hannah, 12). On 31 October 1517, Luther posted his 95 theses on the church door of Wittenburg seeking to debate the selling of ‘indulgencies’ (release from the temporal sin penalties in exchange for cash). People used to obtain forgiveness/absolution through carrying out good works. Moreover, the system permitted people to purchase indulgences for sins not yet committed in advance. In fact, sinners could ‘shop around’ for the priest who offered the greatest bargains. Moreover, the money obtained did not necessarily help the needy and the poor – it could mostly go to paying the personal needs of the priest (MacArov, 183). Lutherâ €™s proposition turned out to be the opening bombardment of the Protestant Reformation. A war of debates and pamphlets brought Luther into greater realms of influence and eventually, the pope excommunicated him officially and in October 1520, it was publicly announced to have the force of law. There was an order that all his tracts and books be taken away and burned (McKim, 11). Hyatt further explains that he was later on declared a heretic at the Diet of Worms. Anybody who knew his whereabouts was supposed to report to the nearest authorities in order that he could face apprehension. However, Luther’s writings became so popular with the masses such that the pope and the emperor never dared to apprehend him. Luther prepared a translation of the New Testament in Germany, under the cover of his friends at Wartburg Castle. As McKim explains, Luther’s German Bible translations outshone all translations before him by far in their theological precision, spiritual authori ty as well as linguistic power and beauty. His new testament was released in September 1522 with three thousand copies and a somewhat high retail price and within a few days, it was out of print. Between the years 1522-1533, his New Testament was 85 editions (12). By the year 1534, Luther, together with other collaborators had also translated their first edition of the Old Testament In the year 1522, Luther went back to Wittenberg where he led the movement officially known as Evangelical Church (known informally as Lutheranism)

Law of E-commerce Essay Example | Topics and Well Written Essays - 3000 words

Law of E-commerce - Essay Example With all arsenals pointed at streamlining electronic money institutions through legal, supervisory principles, the binding implementation provisions found quite a number of disparate legislative instruments that tended to hinder the functionality of the directives. The 2000 directives were the first attempts by the Union to harmonize EU e-money banking practices through legal frameworks (Vereecken, 2000). Unknown to the policy drafters was that the directives were headed for major legislative thrusts, which has since prompted the revision of e-Europe Action Plan on the same but with no tangible improvement as once anticipated. The provisions of the action plan of 2005 being the main EU e-money policy blueprint in this area was an updated version deliberated upon since 2000 (Penn, 2005). Indeed, the period of euphoria that characterized the adoption of the directive seemed to have died leaving the future of e-money regulatory legislations much less promising than never imagined. As a matter of fact, many new ideas never sprouted beyond their piloting stages. In essence, The EU e-Money directives were much more of wasted efforts than gainful strategies given that e-Money technology, to a grater extent, remains a figment of salesmen’s imaginations. Background of E-Money Regulations When e-money made a debut into the banking scene, almost all financial institutions in North America as well as the entire Europe took a noticeably stance well armed with different regulatory mechanisms. Rather than a ‘wait and see’ approach adopted by the United States, EU member states took immediate steps, to regulate e-money as soon as the technology appeared (European Commission, 2002). As early as 1994, EMI had recommended that only bank-issue e-money be legalized (EMI 1994; DeGeest 2001). The immediate established target as insinuated above comprised of standardizing measures with a wide spectrum of actions that included access to the Internet, as well as rais ing consumer confidence in IT-supported learning networks embodied in new electronic payment systems. Against a backdrop of concerns from different financial quarters, EU Commission pursued perspective was that proliferation of e-money without regulations could inhibit the proper functioning of the money market and stifle competition as well as innovation in the payment sector. What followed was a draft of directives on the same (EU Commission, 1998). Action Plans set out to achieve the objectives of the EU included numerous legislative measures. Among these were the Directive 2000/28/EC of the European Parliament in conjunction with the EU Council Directive 2000/12/EC touching on the conduct of business of credit institutions forming the first batch of e-Money Directives (EMI Directive, 2000a; 2000b). The second batch of e-Money Directives was the Directive 2000/46/EC from the same intuitions touching on prudential supervision of electronic money institutions (Long and Casanova, 20 02; 2003; EMI Directive, 200

Transnational Crime Essay Example for Free

Transnational Crime Essay The documentary Life and Debt portrays a true example of the impact economic globalization can have on a developing country. When most Americans think about Jamaica, we think about the beautiful beaches, warm weather, and friendly people that make it a fabulous vacation spot. This movie shows the place in a different light, by showing a pressuring problem of debt. The everyday survival of many Jamaicans is based on the economic decisions of the United States and other powerful foreign countries. The film opens with camera shots portraying Jamaica as the beautiful and carefree place that most Americans view it as. The vast majority are oblivious to the fact that the delicious food they indulge in on their voyage probably came off a ship from Miami. In the 1970s, the countrys former Prime Minister signed a loan agreement which ultimately led Jamaica to owe over four billion dollars in debt to the World Bank and IMF. This ultimately caused a sinking economy of low valued imports and to sweatshops destroying local businesses and agriculture. In the video, we see workers who are working gruesome six-day-a-week work schedules to receive the legal minimum wage of only $30 in US money for the entire week. Many have protested against the poor compensation, and have been fired from their jobs; having been placed on blacklists which prevent them from ever getting work again. Many have turned to crime as a means of income. What Globalization Means Globalization is not a recent concept. It means that the worldwide, virtually instantaneous interdependence about many aspects of economic and cultural life within a nation or state has expanded across borders either intentionally or unintentionally. Now this nation or a states independence to control events within its borders is challenged by international corporations, economic globalization, trade, transnational crime and the increase in global communications and developments in technology. Ways in Which Globalization Increases Crime Streeten defined the components of globalization’s effects on the fundamental change in our lives as below: †¦additionally to economic interdependence in terms of trade, finance, direct investment, there are technological, educational, cultural, ideological, and environmental, legal, military, strategic and political incentives that are rapidly spread throughout the world. Money and goods, images and people, sports and religions, guns and drugs, diseases and pollution can now be moved quickly across all over the world. Although people in many places seem prepared to die for the better option, we can say that there is no absolute model of the state. While we are talking about the state and globalization, we face the same dilemma while discussing the family characteristics in the West. In other words, the traditional Western family model and marriage has lived through many changes, and faced irreversible damages. We cannot state how the family will be in the future. The only thing we can do is keep up old and traditional values. Similarly, states are seeing considerable elements of traditional statehood being eroded. Main Components The sum of the various elements of globalization has caused sovereign state less and less a locus of policy and control under some organizations such as the WTO, the EU, NAFTA. Those organizations have become more significant players in the world politics arena. Indeed, it will be increasingly difficult for our future civil servant to define what national and international dimensions of problems are. Main Actors More than 190 countries now take place in the political arena with a larger number of powerful non-sovereign and at least partly (and often largely) independent actors that at least partly, varying from corporations to non-government organizations (NGOs), from terrorist groups to drug cartels, from regional and global institutions to banks and private equity funds. The sovereign state is affected by them causing better or worse as much as possible. The monopolistic power once enjoyed by sovereign entities is now being eroded.

The Purity Of Prepared Of Aspirin Biology Essay

The Purity Of Prepared Of Aspirin Biology Essay To synthesize the drug aspirin, the purity of prepared of aspirin is determined by a chemical test. In addition, the percentages of aspirin made are determined (CHM 1024 Organic Chemistry, practical manual). Introduction Aspirin also know as acetylsalicylic acid, in the history of medicine, aspirin is the first drugs that ever come into common usage which as medical treatments worldwide. It is known as a pain killer, fever reducer and anti-inflammatory agent. As a matter of fact, an anti-inflammatory agent has become a widely known and utilized treatment for arthritis.(1) Aspirin is also an anti-clotting agent. It is because it can inhibiting the production of thromboxane which will bind with platelet to create a patch of damaged walls of capillaries and platelet will become large enough to block the blood flow, locally and also downstream, aspirin also can use in long-term at low doses for helping prevent heart attacks, strokes and also blood clot formation.(2) The synthesis of aspirin is actually an esterification reaction. By acid derivative, salicylic acid is treated with acetic anhydride, which will giving a chemical reaction that change hydroxyl group in salicylic acid into ester group (R-OH → R-OCOCH3). This esterification reaction will yields aspirin as well as acetic group which is a byproduct in this reaction. This process is speed up by using catalyst which is concentrated sulphuric acid.(3) http://www2.volstate.edu/chem/1110/Synthesis_of_Aspirin_3.png Figure 1: salicylic acid reacts with acetic anhydride to form acetyl salicylic acid which is aspirin and a by-product, acetic acid. Overdose of aspirin will lead to acute or chronic poisoning. If a single large dose of aspirin is taken then it is acute poisoning; if taking higher than normal dose of aspirin over some period of time then it is chronic poisoning. The mortality rate for acute overdose is low, but for chronic overdose is more generally fatal. Other than that, overdose of aspirin also will have some bad side effects which is stomach ache and headache. These side effects can be reduced through the addition of buffer solution. The presence of any unreacted or excess salicylic acid is detect by 1% iron III chloride(FeCl3). As salicylic acid got phenol group, the FeCl3 test will giving a positive result that show colour change to violet colour if there have molecule possessing phenol group. Hence, the commercial aspirin will given negative result because it does not have phenol group with it. Hypothesis When salicylic acid reacts with acetic anhydride will yield aspirin and acetic acid. Procedure Preparation of aspirin A bath was prepared by using 400mL beaker was filled with half with water and it was heated until it boiling. 2.00g of salicylic acid was weighed and placed in 125mL dry conical flask. This quantity was used to calculate the theoretical yield of aspirin. 3mL of acetic anhydride was measured and added into the conical flask with gently swirled. The 3 drops of concentrated sulphuric acid was added into the flask during swirling. After that, the conical flask was placed in a beaker of warm water for 15 minutes. The reagents were mixed and then placed in a beaker of boiling-water bath for 30mins until the solid was completely dissolved. The solution was swirled occasionally. The conical flask was removed from the bath and it was cooled down to approximately room temperature which is 27Â °C. The solution was slowly poured into a 150mL beaker which containing 20mL of ice water and mixed completely then placed in an ice bath. During the ice bath, glass rod was used to mix the solution and scratching along the bottom of the beaker vigorously.(be aware no to poke a hole through the beaker.) The crystal were formed and collected by using Buchner funnel through filtration and suction. The crystals were washed by 5mL of cold water and the followed by 5mL of cold ethyl acetate. Suction was continued for at least 5mins for drying the crystals. The crystals were transferred to a 250mL beaker by using spatula and 5 drops of ethanol were added into the beaker. The beaker was stirred and warmed inside a water bath to dissolve the crystal. Re-crystallization process was performed. After the crystals dissolved 25mL warm water was added to the alcohol solution. The solution was let to cool down and then crystals were formed. Once the crystallization started, the beaker in the ice bath was set to complete the re-crystallization. The contents in the beaker were poured into Buchner funnel and suction and filtration was applied. Filter papers were used to remove all the excess water by moving the crystals on the filter paper anf placed it between several sheets of filter papers and gently pressed to dry the solid. Petri dish was weighed. Then crystal added on it and reweigh of petri dish. The weight of the purified aspirin was obtained by simple calculation and then this is used to obtain the percentages yield of aspirin. Analysis of Aspirin. Compare the quality of the synthesized aspirin with commercial aspirin and salicylic acid. 1% of iron III chloride was added to separate the test tubes containing aspirin crystals of each substance. The colour was observed. There will be no colour showed if aspirin is pure. Purple colour was showed if salicylic acid or traces is present in impure aspirin. Then the intensity of colour qualitatively tells how much salicylic acid was present. The aspirin crystals were observed under the microscope and were drawn on the result sheet. The purity of sample was tested by determining its melting point range. Reduce the sample to a fine powder by using mortar and Pestle. A melting point capillary tube with 1-2cm depth of fine crystals was loaded. The melting point f purified aspirin varies between 130-135 Â °C, temperature was noticed at the aspirin begins to melt and the sample has completely melted. Safety Precaution When dealing with acetic anhydride and sulphuric acid need to use gloves and do it in fume hood, because acetic anhydride will irritate the eyes; sulphuric acid will causes burn to skin because it is concentrated and corrosive. The aspirin prepares is not pure enough and cannot use as a drug as well as cannot consume. Result Table 1: Iron(III) Chloride, FeCl3 test on aspirin Test Observation Commercial aspirin no colour Purified aspirin Violet Table 2 : Experimental results Contents Reading 1. Weight of the salicylic acid 2.01 2. Weight of petri dish + filter paper 17.2075 3. weight of aspirin + petri dish + filter paper 18.1028 4. Weight of aspirin [3-2] 0.8953 5. Melting point of purified aspirin 144Â °C-172Â °C 6. Melting point of commercial aspirin 132.8Â °C-138.9Â °C Calculation The molar molecular mass of acetylsalicylic acid = 180g/mol The molar molecular mass of salicylic acid = 138g/mol The molar molecular mass of acetic anhydride = 102g/mol Number of moles of salicylic acid, C7H6O3 = (weight of salicylic acid) / (molar molecular mass of salicylic acid) = 2.0100g / (138g/mole) = 0.0146 mole Number of moles of acetic anhydride, C4H6O3 = (weight of acetic anhydride) / (molar molecular mass of acetic anhydride) = 3.246g / (102g/mole) = 0.0318 mole By comparing the number of mole of the salicylic acid and acetic anhydride, the mole of salicylic acid is lesser. Therefore, the acetic anhydride is in excess. Hence the limiting agent in this experiment is salicylic acid. By comparison of the chemical equations: C7H6O3 + C4H6O3 Æ’Â   C9H8O4 + C2H4O2 one mole of C7H6O3 reacts with one mole of C4H6O3 to produce one mole of C9H8O4 and one mole of C2H4O2 Theoretical yield of aspirin = 0.0146 mole (180g/mole) = 2.628g Actual yield of aspirin = 0.8953g Percent yield of the aspirin = (actual yield of aspirin) / (theoretical yield of aspirin) -100% =0.8953g/2.628g 100% =34.07% Diagram of Commercial Aspirin C:UsersAliceDocumentsBluetooth FolderIMG-20121011-WA0000.jpg Discussion In this experiment, aspirin crystals obtained were white crystals and is in pure form which is white crystalline solid. Then the percentages yield of aspirin obtained was 34.07%, and there are so many reasons that could not get a 100% yield of the aspirin. The product can be lost while transferred from one container to another. Other than that, when during suction through filtration, some of the aspirin might remain in the dissolved filtrate and this causes the yield of the product to be less than theoretical yield. Besides that, when weighing salicylic acid and acetylsalicylic acid there might have zero error on the weighing machine and this will also affects the result and inaccuracy in the yield of the product. The melting point of purified aspirin obtained will have error be found as well, because the instrument that using for measuring the melting point of aspirin was not totally cool down during measuring the crystals. Furthermore, aspirin might contain impurities that causes melting point to be higher or lower than the actual melting point. During the Iron (III) Chloride test, the commercial aspirin showed no colour change, it is because there have no impurities and suitable for ingestion, but for the purified aspirin it gave a positive results which mean the solution turns violet colour due to the impurities in the product and it proved that the purified aspirin is not suitable for ingestion. This experiment was required 3 drops of concentrated sulphuric acid, because concentrated sulphuric acid was act as a catalyst for speeding up the reaction without affecting the result. The reaction will still take place if the concentrated sulphuric acid were omitted. This experiment used ice water during the work up is due to the characteristic of aspirin. Aspirin is insoluble in water and cold water will reduce the solubility of aspirin in water and it can be isolated when undergo suction through filtration with chilled reaction solution. Then the water is used to hydrolyse the acetic anhydride to acetic acid and can be easily removed by filtration. Therefore, all the impurities can be removed. The principle of recrystallization is the amount of solute that can he dissolved by a solvent increases with temperature. Recrystallization only works when a proper solvent used. In this experiment the solvent that used to dissolved the impurities is ethyl acetate and then using hot filtration to remove inpurities. The purity of the synthesized acetylsalicylic acid was tested by FeCl3, if there is colour change (violet colour) that means there have impurities in acetylsalicylic acid. The purity of acetylsalicylic acid was determined by melting point. In this experiment the melting range for acetylsalicylic acid is 144Â °C-172Â °C which is higher than commercial aspirin which is132.8Â °C-138.9Â °C, meaning that acetylsalicylic acid obtained in this experiment contained impurities. There have some improvement for this experiments as in used all the salicylic acid powder and ensured that there is no drop on the table. During transferring the reactants from one to another container make sure that there is no any remaining in the container. Furthermore, during filtering the aspirin by using the suction ensure that all holes on the Buchner funnel are covered for preventing the reduction of yield product. Conclusion This experiment was supported the hypothesis suggested. When salicylic acid reacts with acetic anhydride will yield acetylsalicylic acid which known as aspirin. In this experiment, the limiting agent is salicylic acid. The melting point range for the acetylsalicylic acid obtained is 144Â °C-172Â °C, it is because it contains impurities. The theoretical yield of aspirin is 2.628g, but the actual yield of aspirin obtained is 0.8953g. therefore, the percentage yield of aspirin is 34.07%.

Body Image Essay -- essays research papers

Body Image   Ã‚  Ã‚  Ã‚  Ã‚  The purpose of this study is to further explore and examine the influences of mass media on male’s and female’s personal body image satisfaction and the awareness and internalization of societal pressures regarding appearance. For a number years evidence surrounding the insecurities that women have towards their own bodies has been widely published. More recently, it has been suggested that men are falling victim to media and societal pressure, and are developing insecurities traditionally associated with women. Much of the body dissatisfaction that we see today can be attributed to the enormous disparity between our current cultural beauty ideals and our actual bodies. Although most of the research surrounding the influences of media on body image has taken the form of analyzing exposure through the examination of such things as magazine content, recent research has begun to focus on an individual’s awareness of societal pressures, as well as one’s acceptance, or internalization, of these societal standards (Cusumano & Thompson,1997).   Ã‚  Ã‚  Ã‚  Ã‚  Every culture has standards of beauty. Through the ages and around the world,people have evaluated the appearance of themselves and others. A person’s body image is his or her concept of their physical appearance. The mental representation which may be realistic or unrealistic, is constructed from self-observation, the reactions of others, and a complex interaction of attitudes, emotions, memories, fantasies, and experiences, both conscious and unconscious. A pleasing appearance has often been associated with higher status, better opportunities to attract a mate and other positive qualities. We live in a society that thrives on first impressions. Many people interact with large numbers of new people everyday, especially in their work lives, and we often have little information about who these people are, but we do know how they look. We try to size them up based on how they are dressed, how they talk, how they move and their overall physical appearance. People tend to judge a fat person as lazy and self-indulgent and a thin person as organized and disciplined and these stereotypes are reinforced by the media. A study done by Franzoi and Herzog (1987) examined what body parts and functions young adults... ...ents magazines. This ratio closely reflected the ratio of the incidence of eating disorders in women to the incidence of eating disorders in men (Cusumano & Thompson, 1997). According to Botta the available reports suggest that media do have an impact on body image disturbance, both directly through body image processing and indirectly by encouraging males and females to endorse their respective ideals and by establishing what they see as realistic ideals (Botta, 1999).   Ã‚  Ã‚  Ã‚  Ã‚  The present study seeks to examine the influence of exposure to media ideal body images and the awareness and internalization of those ideals on males and females. The results of previous studies indicate that the media plays a role in not just reflecting societal perceptions of male and female body image, but in shaping those perceptions. Media stereotypes, advertising ploys, and the fashion industry have all lead to the introduction of the unrealistic ideal body shape that we compare ourselves to. How we feel about our bodies and how our bodies look to us in the mirror is an important aspect of our self esteem and for many Americans the media tells us how we should feel and look.

State of War :: essays research papers

Our Current State Of War   Ã‚  Ã‚  Ã‚  Ã‚  A â€Å"State of War† is a period when two nations, parties, or even individuals are in open and armed conflict with each other. But how does this come about, and how would John Locke and President George W. Bush feel about how it is that a state of war originates? What actions must take place for war to exist? Is there a period of time that must be spent deliberating the possibility of entering into a state of war to determine its necessity? Is there even a choice in the mater, or is it born in all of human kind as a sort of character trait, which must at times be expressed. If a state of war is inevitable, should the support of others be established, and at what moment in this conflict does it become apparent that a state of war has just been entered into? Is this idea of â€Å"State of War† similar or different when comparing the writing of John Locke, with the actions of President Bush? To understand how it is that a state of war comes about we must know what it is. John Locke defines a state of war saying, â€Å"I should have a right to destroy that which threatens me with destruction†¦and one may destroy a man who makes war upon him.† (Ch 3 sec. 16, â€Å"Two Treatises of Government†) This gives a reasonable idea about what war is, when it is necessary to enter into a state of war, and how it is that it can be entered into. Locke is saying that war is a response to a threat. A threat can be a physical attack, or a verbal declaration to harm. The attack, or evidence of intent to harm is then reason enough for a state or war to be declared. With this understood and given the current state of war between Iraq and the United States can it be said, based on Locke’s statement, that George W. Bush had reason enough to enter into a state of war with Iraq? In a speech made to the American Enterprise Institute President Bush said, â€Å"In Iraq a dictator is building and hiding weapons that could enable him to dominate the Middle East and intimidate the civilized world – and we will not allow it.† The development of these weapons could be interpreted as a threat, and a threat against the civilized world would justify an interest in a state of war.

To Be Or Not To Be A Criminal: A View On Young Offenders And Young Victims Of Crimes

Everyday we hear about news on crimes committed almost everywhere in the world. What is not anymore surprising to hear is that most of the persistent offenders and victims of crimes are young people. No matter how not surprising it can be, it has been a growing public concern. This work aims to understand why these young people are the most common offenders and victims of crimes, the factors which pushed them to commit crimes, and gender differences of the offenders and victims. Furthermore, a view on the reasons why the Black youth has the greater tendency of committing and being victimized by crimes will also be discussed. An individual who is 17 years old or younger is classified as a young offender or victim of crime. It has been observed that the presence of certain risk factors in a young individual’s life most likely increases his vulnerability in committing crimes. Such particular factors include personal, family, social, educational and mental health factors. When we speak of personal factors, these involve alienation and lack of social commitment. Family factors are poor parental supervision and discipline, low family income or social isolation, family conflict and parental criminality. Social factors are hanging around in public places, availability of illegal drugs, opportunity for crime and peer involvement in problem behavior. Educational factors include lack of commitment to school, disruptive behavior, low achievement and school disorganization. In regard to mental health factors, these are aggressive and anti-social behavior, emotional disorders and severe mental illnesses. You can read also King v Cogdon Additionally, it was also studied that young people in care are the most disadvantaged and socially excluded population. Hence, their low educational attainment increases their chances of being unemployed, becoming homeless and more likely to engage in anti-social behavior and crime. Furthermore, the young people have the greater tendency of committing and becoming offenders of crimes should there be proof of evidence of the availability of multiple risk factors in their lives. As much as young people commit crime disproportionately, they also suffer from it. Analysis on the experiences of young people showed that they are generally at greater risk of all types of violence than older people. Violent offences are predominantly committed against young people, and more often against men than women. It has been observed that males are more delinquent and victimized than females. Such difference in gender and youth crime is affected by the seriousness of the crime being committed. A study by Carrington and Moyer (1998) states that females are less likely to commit crimes involving the use of weapon which most of the time result to major injury or death to the victim. Furthermore, females are much less inclined in targeting a private residence to commit crimes probably because males are more likely to be involved in break and enter offences. The males, having the greater chances of being violent, are therefore more delinquent in committing crimes. Hence, such tendency also pushes them to commit crimes against male victims whom they think will have the lesser opportunity of fighting back, or should they fight back, such offenders will take the risk in placing great injury or killing their victims. Young chronic offenders may be defined as a group of individual who are responsible for the most severe crimes and are most likely to continue such criminal activity until they reached adulthood. Family and environment play vital role whether or not youth become chronic offenders. Chronic juvenile delinquents display a huge amount of anti-social behavior whether or not they belong to the same social class or racial group. Hence, the vulnerability of youth in committing crimes does not depend solely in a particular class or racial or ethnic group. As long as the same factors exist in the youth’s life, the greater the tendency of them becoming juvenile delinquents. It has been learned that these young chronic offenders have history of lying, stealing, or doing poorly in school when they are still of tender age. Such behavior patterns will not be outgrown as easily as it may appear. In regard to the issue why there are more black youth offenders in the society as well as juvenile delinquents from the lower class who commit crimes, it is fair to note that racial and social status should not only be the determining factor why these people have been tagged as chronic crime offenders. Geographical factors as well as the number of population of blacks and other races in a particular place are vital elements in the determination of the weight of crimes being committed. It would be too racist to establish the black youth as chronic crime offenders. Economic deprivation may be an issue in committing crimes but belonging in the lower class does not necessarily mean that most youth belonging in this social bracket have the most tendency of becoming offenders.

November and Mid Term Break Poem Analysis

Mid-Term Break†, by Seamus Heaney, is a free-verse poem that portrays the event in which the speaker, who came back from boarding school, deals with the loss of a younger brother. In this poem there are several important themes such as time, age, family, pain, love and most of all death. This poem takes the audience along on the speaker’s journey to accepting his little brother’s death. The author used a number of imagery to depict the themes of the poem. In these imageries, Heaney challenges not only the audience’s visual imagery but as well as auditory, olfactory as well as emotional imagery.For example: â€Å"Counting bells knelling classes to a close†, â€Å"the corpse, stanched† and â€Å"candles soothed the bedside. † Throughout the poem, Seamus Heaney only used simile once to compare the coffin to a cot, â€Å"He lay in the four foot box as in a cot. † The poem is organised with three lines per stanza in which there are no specific rhythm or rhyme pattern. However the last word in the poem rhymes with the last word in the stanza before. Seamus Heaney’s choice of words in this poem is what made the poem so special.The phrase â€Å"it was a hard blow† and the line about the cooing baby bring certain awkwardness to the poem. Also the word â€Å"soothed† brings a certain warm feeling to the poem. However this word is besides words that are associated with mourning and death such as â€Å"bedside†, â€Å"candles† and â€Å"Snowdrops† These choices of words bring the audience on a emotional rollercoaster. Moreover, the author’s choice of words once more highlighted the last line. Heaney used alliteration, assonance and repetition to add further emphasis on the â€Å"four foot box† Which suggests how important this line is to the core of the poem. – The poem ‘November' By Simon armitage is about how a man , the speaker, copes with the loss of a family member, not through death but through age.The speaker and a man named John (probably a friend) have taken John’s grandmother to a nursing home. They know she will not come back out of the home. When they leave the old lady, they drive back to John’s house and drink alcohol, to cope with the emotions of the situation. The poet tries to lift John out of his depression. As with all poetry, the poem captures the interest of the reader through its exploration of human feelings and motivations.The choice of ‘November’ as the title is effective in that this is clearly the winter of the grandmother’s life, which is drawing to its close. There is little, if anything, that is attractive about the month of November: the weather is bad, and certainly not picturesque, and the dismal and dank darkness which we associate with the month reflects the feelings experienced by the poet and John in the light of the old lady’s decline. In Stanza 1, th e effects of ageing on the grandmother are shown by the way she walks: she takes four short steps to every two taken by the poet and John.Stanza 2 shows the genuine affection and care John lavishes upon his grandmother, making sure that she has all she needs, as well as mementoes of home â€Å"family trinkets†: he is trying to cater for her emotional, as well as her physical, needs. The obvious closeness of the relationship is reflected in the fact that he â€Å"pares† his grandmother’s nails – quite an intimate act for a grandson to carry out. However, the old lady has degenerated into an object, as John wraps her in the rough blankets.The reference to the old lady’s â€Å"incontinence† provides the reader with a clear indication of her helplessness, and why she has had to go into a nursing home. Stanza 3 begins with a play on words, â€Å"It is time John. † this could mean that it is time to leave the old lady, or that it is the pas sage of time and hence the ageing process which has brought things to their current situation. The stanza focuses on the lack of quality of life of old people: they are drained of colour, their bodies show signs of ageing â€Å"slack breasts† and â€Å"baldness† and they are losing their mental faculties â€Å"stunned rains†.The loss of ‘normal’ human attributes and capabilities is brought home by the poets’ shocking reference to â€Å"these monsters†. Stanzas 4 and 5 concentrate on the aftermath, emotionally, of leaving the grandmother in the home, no doubt John’s main feeling being one of guilt, and the final stanza is an attempt to lift the emotions of the reader and of John by giving a message of expediency, but one which is positive for the younger men.The poem is written in free verse and contains little rhyme. The poem is constructed of six stanzas, the first five of three lines each, the last of only two lines. The first three stanzas focus on the nursing home, leading up to a crescendo at the end of Stanza 3 with â€Å"these monsters. † throughout these stanzas, the poet is reassuring John, despite feeling repulsed by the images of the elderly in the home.Both Poems are effective in their exploration of the emotions of sadness and guilt felt by relatives and friends when the passing years lead to a loved one losing all sense of dignity and quality of life. The choices of language and literary devices are very appropriate and served their purpose. In November, the speaker tells of the loss of a family member, not through death, but through age, using brutal language to put the point across while Mid Term break attempts to do the same, in a more bitter sweet way.

Advantages of Starting Up a Business

Advantages of Starting up a Business * Being your own Boss  Ã¢â‚¬â€œ you can make your own decisions, keep your own time and not have to answer to â€Å"The Boss† * Hard Work & Know How  Ã¢â‚¬â€œ If you are a hard worker and / or have immense industry know how, you may want to benefit from the long hours you do or the knowledge that you have acquired over time. * Financial Independence  Ã¢â‚¬â€œ One day, you may realise your dream of financial independence * Creative Freedom  Ã¢â‚¬â€œ no more restrictions, you can do what you like and have the freedom to work, design, create, build what you think is best – your way! Goodwill  Ã¢â‚¬â€œ you don't have to pay for it (as if your would if you were buying a business) – you get to build it * Location, Premises, Building Fitout  Ã¢â‚¬â€œ you get to choose it all * Staff  Ã¢â‚¬â€œ your not lumped with staff you don't want. You hire and train from scratch – your way * No Bad Name  Ã¢â‚¬â€œ a fresh bu siness, a fresh start. Your name has no bad history with suppliers or customers. If you buy a business, you may find some people just won't deal with the business because of past dealings * Business Image  Ã¢â‚¬â€œ you create the business image you want. Your way. Disadvantages of starting your own small or medium business can include: * Cash Flow  Ã¢â‚¬â€œ your business may not have a positive cash flow for two years – how are you going to cover that? * Competitors  Ã¢â‚¬â€œ you may invest all this time, money and effort into your business and a large competitor targets your customers and offers them a similar product / service at below your cost – until your business has failed. While this may be anti – competitive and contravene sections of  The Trade Practices Act 1974, it may be too late for your business * Homework  Ã¢â‚¬â€œ have you done it? You may do it all and then find when you are all set up, that something from left field becomes apparent and significantly alters the outlook of your business * History  Ã¢â‚¬â€œ If you buy a business, you are buying something. You are buying history of the business trading, you have staff in place, equipment and premises in place, customers ringing in with orders on your first Monday morning. If you start a business, you have no history. Everything must be generated from scratch. * Married to the Business  Ã¢â‚¬â€œ this is a common hrase from small business owners. It basically means, your hours of work and level of commitment is such that you cannot take a holiday, your business is always with you (day, nights ; weekends) and basically your neck is on the line. You can't just throw the keys back and give it all away if it gets too hard! * Suppliers  Ã¢â‚¬â€œ Suppliers may not extend you credit as your business has no history, so you may have to pay upfront for your goods, and you may not collect money from your customers for those goods for 90 – 120 days. This is very detrimental to cash flow. Can you sustain this? Have you factored it into your budget? * Family  Ã¢â‚¬â€œ is your family situation such that you can undertake this huge venture of starting a small business from scratch? Think carefully about starting a business from scratch. It often means a huge sacrifice with no guarantee of reward. Your current employed situation may actually be a better position than starting a small business. Good luck, in whatever you may decide. Please think about the advantages and disadvantages of starting a small business. Our list above is only a starting point, each situation will be different. If you are seriously considering starting a small business, Rogerson Kenny Business Accountants offer a free initial consultation, so you can discuss with us your ideas! Advantages and disadvantages of buying an existing business Advantages * Some of the groundwork to get the business up and running will have been done. * It may be easier to obtain finance as the business will have a proven track record. * A market for the product or service will have already been demonstrated. There may be established customers, a reliable income, a reputation to capitalise and build on and a useful network of contacts. * A business plan and marketing method should already be in place. * Existing employees should have experience you can draw on. * Many of the problems will have been discovered and solved already. Disadvantages * You often need to invest a large amount up front, and will also have to budget for professional fe es for solicitors, surveyors, accountants etc. * You will probably also need several months' worth of working capital to ssist with cashflow. * If the business has been neglected you may need to invest quite a bit more on top of the purchase price to give it the best chance of success. * You may need to honour or renegotiate any outstanding contracts the previous owner leaves in place. * You also need to consider why the current owner is selling up and how this might impact the business and your taking it over. * It's possible current staff may not be happy with a new boss, or the business might have been run badly and staff morale may be low. Advantages and disadvantages of franchising Advantages * Your business is based on a  proven idea. You can check how successful other franchises are before committing yourself. * You can use a recognised  brand name  and  trade marks. You benefit from any advertising or promotion by the owner of the franchise – the ‘franchisor'. * The franchisor gives you  support  Ã¢â‚¬â€œ usually including training, help setting up the business, a manual telling you how to run the business and ongoing advice. * You usually have  exclusive rights  in your territory. The franchisor won't sell any other franchises in the same territory. Financing  the business may be easier. Banks are sometimes more likely to lend money to buy a franchise with a good reputation. * You can benefit from communicating and sharing ideas with, and receiving support from, other franchisees in the network. * Relationships with  suppliers  have already been established. Disadvantages * Costs  may be higher than you expect. As well a s the initial costs of buying the franchise, you pay continuing management service fees and you may have to agree to buy products from the franchisor. The franchise agreement usually includes  restrictionson how you can run the business. You might not be able to make changes to suit your local market. * The franchisor might go  out of business. * Other franchisees could give the brand a  bad reputation, so the recruitment process needs to be thorough * You may find it difficult to  sell  your franchise – you can only sell it to someone approved by the franchisor. * All profits (a percentage of sales) are usually shared with the franchisor.

As Business Studies Unit 1 Revision Notes

Unit 1 Business- Revision * Enterprise- The ability to handle uncertainty and deal efficiently with change. * Entrepreneur- someone who has a flair for business ideas and has the confidence to take the risks involved in setting up a business. * Successful entrepreneurs: * Passion * Motivate people around them * Determined to succeed * Self-belief * Common characteristics of successful entrepreneurs: * Self-confidence- believe in your ideas; products and be able to motivate others. * Initiative- being prepared to start something. * Hard working- not easy to set up a business. * Creativity- inventing new products, finding new ways to do things. Resilience- be prepared to redesigned and rethink, don’t let setbacks put you off. * Taking risks. * Small Businesses: * Less then 50 employees * Value of sales less then ? 2. 8 million * Value of balance sheet is less then ? 1. 4million * Why do people set up businesses? * Be your own boss * Work from home * Help others * Gap in market * Redundancy * Peruse a hobby * Make money * Risks: * No job security * Loose money * Others could copy idea * May not have regular income * Debt * Competition * Demand for product falls * Rewards: * Enjoy * Personal pride/satisfaction * MAKE MONEY * Satisfied customers Provide employment * Benefit family * Government Support * Financial- grants, subsidies, tax cuts and loans. * Provide info and support- websites e. g. business link * Create enterprise zones * Reduce regulation- red tape * Revenue expenditure is every day expenditure – gas, electricity, paying suppliers for materials, petrol, wavers and salaries. * Capital expenditure is expenditure on assets- car, machinery and equipment. Sources of Finance * Retained profit: * Whatever profits the business makes is ploughed back into the business to make it grow. * Advantages * Doesn’t have to be repaid No interest charges * More the business grows, more of a profit you make * Disadvantages * maybe limited- constrain rate of business expansion * may run out quickly * still have to pay money back * the more profit you put back into the business the less you get to keep * Sale of Assets * Assets are the things the business owns. * Where the business sells things of their own to raise money. * Advantages * Get money but loose an asset * Dispose of unused assets * Get your money back straight away * Finance development without extra borrowing * Disadvantages Costs money to transfer assets * Taxed on capital gains * Grow in value quicker than what the cash can yield elsewhere * Personal Sources (owners funds) * Its money put into the business by the owner * Advantages * Doesn’t have to be repaid * Immediately available and accessible * Disadvantages * If the business fails you’ve lost your own money * Bank Overdraft * Balance of a bank account when funds withdrawn exceed funds deposited * Arranging a flexible loan on which the business can draw as necessary up to an agreed limit * Advan tages Flexible- there when you need it, helps to maintain cash flow and you only borrow what you need. * Quick – Overdrafts are easy and quick to arrange, providing a good cash flow backup with the minimum of fuss * Disadvantages * Cost  Ã¢â‚¬â€œ Overdrafts carry interest and fees; often at much higher rates than loans. This makes them very expensive for long term borrowing. You also face large charges if you go over the agreed overdraft limit. * Recall – Unless specified in the terms and conditions, the bank can recall the entire overdraft at any time.This may happen if you fail to make other payments, or if you have broken terms and conditions; though sometimes the banks simply change their policies. * Security- Overdrafts may need to be secured against your business assets, which put them at risk if you cannot meet repayments. * Trade Credit * Where they can purchase goods and pay at a later date * Advantages * You can buy the stock and pay later when you have sol d the stock and made enough money to pay them back * Eases the cash flow as you can pay after 28-30 days * Disadvantages If you do not pay them back on time you can build up a bad credit history * Only companies with good credit history can be accepted the trade credit grant * Hire Purchase * A business can buy an asset and pay over a period of time with interest. * Advantages * Don’t have to pay it all at once- spreading costs * More money to pay for your own business * Disadvantages * The item you’ve bought could be out of date by the time you’ve finished paying. * Interest could be added. * Leasing * Renting assets * Advantages * Don’t have to pay interest Service & maintenance included * Don’t have to worry about money being withdrawn * Equipment upgraded every few years * Friends and family more willing to lend * Not giving control up * Disadvantages * Money you’ve used for leasing could go else where * The item never belongs to you * B ank Loans * Sum of money lent for a fixed period of time with interest * Advantages * Length of loan can vary * Interest is fixed * Loan guarantees business has money * Bank has no control of business * Disadvantages * Interest rates * Loose possessions due to debt Pay it, even if you’re not earning profit * Venture Capital * Capital invested in a project in which there is a substantial element of risk, typically a new or expanding business. * Advantages * Provide a mentor * Don’t need to repay money back * Helps the business get money externally * Disadvantages * Loose some control of the business * Pay legal & accounting fees * Lengthy process * Share Capital * Any investors that put some money into the business get a share of the profits * Advantages * Helps you start up * Don’t have to pay it back * Business will grow If your bringing extra shareholders in, it will bring in additional expertise’s * Disadvantages * Loose some control of business * Have to give out a share of your profits each year * Business Angel * Is an individual who provides capital for a business start-up usually for business equity * Advantages * have experience from the business angel * good financial start * experiment with ideas * Disadvantages * Give up some of your business * Higher risks of being took * Factors that determine which source of finance to use: * Length of time- short term or long term Control- how much are you willing to give up? * Amount needed * What is the money needed for? * Affordability- can you afford to repay? * Level of risk you are willing to take * Type of business Costs * Expenditures made by a business in order to carry out trading. * Types of costs: * FIXED- those that do not change with levels of output or sales. Also known as indirect cost. * VARIABLE- these that change directly with level of output or sales. Also known as direct cost. * Total costs = Total Costs Fixed Costs Variable Costs Total Costs Fixed Costs Variable Costs * Total Variable Costs OutputTotal Variable Costs Output Average variable cost per unit= * Total Revenue/Turnover * The value of sales over a period of time * Selling price No of Units Sold Selling price No of Units Sold * Total Revenue Total Costs Total Revenue Total Costs Profit- what is left after total costs have been deducted from revenue. * Contribution * not the same as profit- fixed costs are not subtracted * Selling Price per unit Variable Costs per unit Selling Price per unit Variable Costs per unit Goes towards paying your fixed costs, and the left over is profit. * Total Contribution: * you can increase this by: increasing selling price * reduce variable costs per unit Contribution Per unit No of Units Sold Contribution Per unit No of Units Sold * Break-even * Fixed costs of business Contribution per unit Fixed costs of business Contribution per unit The number of products you need to sell or make to cover costs, and not lose anything or make profit. * Break-even Graphs * Margin of safety * Difference between current sales and break-even point * It shows the amount by which demand can fall before the business starts making a loss * What can affect the breakeven point? Action| Effect|Increase fixed costs | Break-even rises, need to make/sell more to break-even| Prices increase| Increase in revenue, break-even point falls| Increase in variable costs| Break-even point rises | Fall in demand | Break-even point is not effected but margin of safety is reduced| Price cut| Break-even increases| * Strengths of Break Even * Simple to understand and useful for ‘what if’ scenarios e. g. what happens if there is a price increase, increase in costs etc. * Helps to estimate future sales or level of output needed to meet objectives in terms of profit * Helps with business decision making e. . to see if a business start-up or new product is viable * Supports applications for finance e. g. loans from the bank * Weaknesses of Break Even * They are predictions for the future, therefore not always reliable due to changes internally and externally in business environment * Assumes all output is sold- not always the case * Only as good as the data on which it is based, therefore inaccurate or poor quality data make it not very useful * Cash Flow Forecasts * What is it? * It’s a prediction showing timings of cash inflows and cash outflows of a business * Its SHORT TERM It shows the impact on a business’ bank balance * NOT THE SAME AS PROFIT * A business may have the potential for profit in the long-term but have short-term cash problems * Purposes: * Forecast when outflows exceed inflows * Plan when and how to finance major items of expenditure * Ensure liquid assets are available to meet payments * Highlight when cash surpluses could be made better use of * Justify to lenders that borrowed funds can be repaid * Benefits * Indicate periods of time where there might be cash flow problems e. g. egative cash flow * Put plans in place to cover periods of negative cash flow e. g. arrange an overdraft or short term loan * If there is significant negative cash flow to identify outflows may be reduced * Review timings and amounts of recipes and payments (e. g. may need to reduce credit terms to customers or extend credit terms with suppliers) * Show to a potential lender or investor e. g. bank of venture capitalist or business angel. * Limitations * Inflows might be inaccurate due to poor market research or incorrect assumption e. g. hat there product will be of higher demand * External factors may affect your forecast e. g. rise in inflation which increases costs, competitors, weather, major event e. g. the Olympic Games * Inexperience- a person new to business has no historical data to base a cash flow on. Their inexperience may also cause them to make inaccurate predictions * Unexpected cost increases e. g. due to inflation or weather * Budgets * A budget is a financial target for the future coveri ng revenue (income) and expenditure * Expenditure budget- allocates money to ‘cost’ areas e. g. alaries, rent, advertising * Income budget- sets out sales revenue target for a department or whole business i. e. how much money they are expected to bring in * Profit budget- sets out target profit for a business or department or individual over a given time period * Why budget? * Help you to not overspend- dependent on good financial control and monitoring * Help with risks- contingencies * Help to motivate staff * Giving financial responsibility * Help with trying to secure funding * Gives you something to monitor against * Help to improve financial efficiency Stages in setting a budget * Benefits of Budgeting * Help motivate staff e. g. given sales targets * Gives people financial responsibility * Helps to control costs * Gives employees financial responsibility * For a new business helps it to assess whether it is viable or not * Can persuade lenders of the viability of the business * Provides clear goals – gives the business something to work towards * Allows monitoring of financial performance against targets * Disadvantages * Time consuming * For a new business there is no historical data * Gathering information can be costly Level of inflation not easy to predict * Can be demotivating for staff if imposed rather than agreed * May be unforeseen changes e. g. in tastes. Supplies, external environment * Inexperience – if you’re not experienced you might make mistakes * Variance Analysis * Measures the difference between forecast budget figures and actual budget figures * A – adverse – negative, not good * F – favourable variance – good ++ * Favourable variance occurs +++ * Where actual profit higher than budgeted * Where actual sales lower than budgeted * Where actual costs lower than budgeted * Adverse variance occurs — Where actual profit lower than budgeted * Where actual sales lower than budgeted * Where actual costs higher than budgeted * Protecting Businesses Rights * Intellectual property * Is property that results from original creative thought, as patents, copyright material and trademarks. * ALL businesses have IP * Your IP is likely to be a valuable asset, it could include * Name of business * Products/services you provide * Written/artistic material you create * Your IP rights can: * Set your business apart from competitors * Be sold or licensed, providing a revenue stream * Offer customers something new or different Form an essential part in your marketing and branding * Be used as security for loans * Patents * A patent is an exclusive right to use a process or produce a product usually for a fixed period of time, up to 20 years * Needed to ensure that competitors cannot copy inventors ideas * This ensures that the inventors can recoup the initial research and development cost * This allows companies to gain an advantage over their competitors and increas e their revenue * Companies can sue other companies that breach these terms and stop them selling the product e. g. Dyson and Hoover * Benefits The patent holder has exclusive commercial rights to use and license the invention * Legal action can be taken against anyone who tries to use this invention without the patent holders consent e. g. competitors * The existence of the patent may be enough to deter would-be infringers * The patent can be sold * Drawbacks * A full description of the invention is published and can be viewed by anyone applying to the appropriate patent administration office. * After the exclusive patent period other people or businesses can freely use the invention without needing permission from or making a payment to the inventor. The cost of the patent may out-weigh the financial advantages of the invention. * Patents take time to create as they need to be very specific * Trademarks * A word, image, sound or smell that enables a business to differentiate itsel f from competitors * Designated by symbols * TM – unregistered trademark GOODS * SM – unregistered service mark SERVICES * R – registered trademark * Advantages * TM and SM can be used to claim ownership without registration * Help owner protect mark from being used by competitors * Once company has trademark ownership it will have exclusive rights worldwide * Disadvantages Owner has to show proof of use at regular intervals – if documents aren’t filed could lose trademark * Weakest IP protection as it protects marketing concepts and not always product itself * Have to pay fee for registration and renewal * Copyright * The protection given to books, plays, films and music * This ensures that people cannot copy or use protected items without the owner’s permission (and usually at a cost) * CR can protect: * Literacy works e. g. ovels, instruction manuals, song lyrics, newspaper articles * Dramatic works e. g. dance or mime * Musical works * A rtistic works e. g. paintings, engravings, photos * Layouts or typographical arrangements used to publish a work e. g. a book * Recordings of a work e. g. sound and film * Broadcasts of work * Advantages * Right to produce and reproduce their work * Right to authorise others to produce or reproduce * Prevents your work from being stolen or misused * Allows copyright holder to sue infringers Disadvantages * Does not allow you to permit others to use your work or to distribute it * You must own the copyright to be able to exercise the rights it grants. Being creator does not always grant ownership * Takes time and costs money * Designs * An industrial design right is an IP right that protects visual designs of objects that are not purely utilitarian (useful) * A recognised design is a legal right which protects the overall visual appearance of a product in the country or countries your register it in. For a designs registration to be valid: * Has to be new * Have individual character * Advantages * Allows owner to control who uses it and how. * Allows author of a creative work to profit from it by charging for its use or by selling or licensing the rights * Gives owner exclusive rights to the use of the property * Deters others from misusing it * Allows owner to take legal action more easily against anyone who uses the design without permission * Compensation for misuse * Disadvantages * Registration can to expensive Not all designs can be registered * Have to be renewed after 25 years * Franchising * A franchise is a business structure in which the owner of a business idea (the franchisor) sells the right to use that idea to another person (the franchisee) usually in return for a fee and a share in any profit the franchisee makes. * A franchisee is a person or company who has paid to become part of an established franchise business e. g. subway or Specsavers * A franchisor is the owner of the holding company and franchise * FRANCHISOR Advantages| Disadvantages| Franchisor can expand business quickly | * Potential loss of control over how the product/service is presented| * Franchisor earns revenue from the franchisees turnover | * Difficult to control quality as franchise network expands | * Risk is shared- much of the cost is met by the franchisee| * Co-ordination and communication problems may increase as it grows | * Franchisee may have good entrepreneurial skills which will earn the franchiser revenue | * Some franchisees become powerful as they acquire a number of franchises | * FRANCHISEE Advantages| Disadvantages| Franchisee able to sell an already recognised and successful product/service| * Proportion of revenue is paid to franchisor | * Take advantage of central services such as marketing, purchasing, training, stock control and accounting systems and admin provided by franchisor | * Franchisee may not fell that business is his/her own. And may not benefit from the personal rewards of entrepreneurship | * Franchisor may have exp erience in the market that the franchisee can benefit from | * Right to operate franchise could be withdrawn | * OVERALL FRANCHISE Advantages| Disadvantages| Existing business format| * Business format already set out | * Banks more likely to lend to a franchise then to a new business | * Still an element of risk involved in buying a franchise, no guarantee of success | * Less risk then new business | * Other franchisees may give the brand a bad reputation| * Already established business | * Maybe difficult to sell the franchise | * There’s thing you need to research before buying a franchise: * Is there any upfront costs? * Any fees need to plan? May need to lease property or equipment from franchisor * How is franchisor making money? Regional protection – guarantees franchisor isn’t going to sell other franchises or open up outlets nearby * How many franchises fail in a year? * Value of a re-sold franchise, is it a profitable investment? * Legal Factors * Publ ic Limited Company (PLC) * Is owned by shareholders and shares can be bought and sold publicly. Advantages| Disadvantages| * Access of funds | * Flotation can be expensive to process| * Many investors| * Company must have ? 50,000 in shares capital and have 25% in shareholders before trading. | * Bankers and lenders see stable business| * Not possible to keep control| * | * Nothing topping competitors buying shares| * | * The owner is not in control. | * Partnership * is more than one person in business together without having a company Advantages| Disadvantages| * few steps to follow to become a partnership| * loss of control| * additional skills | * no liability, can lose possessions | * more capital | * got to be able to trust partner| * share strain| * legally bounded| * different skills | * | * Processes: * Formal documents have to be written * All partners have to agree to and sign the 1980 partnership act * Have to draw up a deed of partnership Private Limited Company (LTD) * Is that the owners are shareholders and their ownership of the business is determined by the proportion of the total shares each person holds. Advantages| Disadvantages| * Access to funds through shares | * Bankers may see business as a risk | * Can’t lose control | * More complicated setup | * Stable structure | * Lenders may see limited liability as a risk| * Limited liability | * | * When shareholders die/resign the business doesn’t stop| * | * Processes: * Have to keep detailed record once trading * Complicated process to setup Sole trader * Is the most common and simplest form of business organisation, it is one person operating a business alone. Advantages| Disadvantages| * Simple and quick to setup | * Unlimited liability | * Inexpensive to setup | * Difficult to raise additional finance | * Any profit made is the owners to keep or reinvest | * All decisions rest with owner| * Owner has complete control| * Drive comes from the owner | * Close relationship betwe en the business and customer can be built up| * | * Hours of work can be tailed to suit entrepreneur| * | * Processes: Very little needed to setup * When up and running must keep basic records for tax, national insurance and VAT purposes. * Not-for-profit businesses – social enterprise * A charitable company that doesn’t keep profits. Advantages| Disadvantages| * Entrepreneurs can earn a living doing something valuable | * Profits and social aims may conflict – difficult choices | * The more successful the more society benefits| * The entrepreneur will always have to accept a lower return than with a profit making business, because a proportion of the profit will go towards the social aim. * Customers may be more willing to buy from a social enterprise | * | * Easier to recruit, motivate and retain employees | * | * Grants or other forms of finance are available | * | * Unlimited Liability- the debts of the business are the owners responsibility * Unincorporated business- owner and business have no separate legal identity. * Added Value * â€Å"the difference in value between the price of the finished product and the cost of materials used† * it is the value of the process of transformation of INPUTS into OUTPUTS * Inputs- also known as the factors of production raw materials i. e. cotton and wheat * labour * land e. g. building and rooms * capital * enterprise * Outputs- is the product or service or benefit to the customer * Business is a process where INPUTS are processed to produce OUTPUTS * At each stage of the process VALUE is ADDED so that the finished product is greater than the sum of value of all the inputs * Adding value you could: * Branding * Quality * Design * Unique features – unique selling point * Size * Reputation * Range of products * Packaging * Celebrity endorsement * Good service * Offers * Location * Additional services Qualifications of staff * Transformation process * This refers to the process or proc esses that factors of production go through in order to produce goods and services. How business activity is classified: * Benefits of adding value * You can charge more * It differentiates you from the competition * Reduces the sensitivity of demand to changes in price * Higher profit margins * Can target product or service at a different marker segment * Business Plan * Is a document setting out the business idea and showing how it is to be financed, marketed and put into practice.It is likely to be crucial part of an attempt to raise finance from outside sources such as a bank. * A detailed document that looks at the workings of a new business. * Structure of a Business Plan 1. Introduction/summary/overview 2. Details of product/service 3. The market- who your customers are 4. Marketing plan – how are you going to attract customers? 5. Staffing plan- employ who? 6. Operational plan- logistics of business e. g. how customers will pay, where you will source things from†¦ 7. Financial plan 8. The future – long term plans, growth and expansion * Benefits Essential planning tool – makes the business think carefully about all aspects of the business * Set objectives against which the business can then measure progress and performance * To support application for finance/funding * Identify any problems or pitfalls e. g. lack of expertise in the business * A written down plan enables continuity, for example, if the owner becomes ill or unable to work in the business for a period of time * Helps assess the viability of a business – is it likely to succeed * Disadvantages Time consuming to research and draw up * Lack of expertise – first time entrepreneur may not have knowledge needed * Forecasts may not happen e. g. sales might not be as predicted * Can be too rigid if owner tries to stick to the plan – needs to be flexible * Market Research * Gathers info about consumers, competitors and distributors within a firms tar get market * Primary Research- data collected by the entrepreneur, or paid to be collected, which does not already exist. Pro’s| Con’s| Aim directly at your objectives | * Expensive,? 10,000 per survey| * Latest info | * Risk of it being bias e. g. interviews and questionnaires | * Assess psychology of customer | * Research findings may only be useable if comparable back data exists. | * Methods: * Observation * Focus groups * Test marketing * Questionnaire – telephone, face to face and email * Secondary Research – data already in existence that has not been collected specifically for the purposes of the entrepreneur. Pro’s| Con’s| Often obtained without cost | * Not updated regularly | * Good overview of a market| * Not tailored to you | * Based on actual sales figures, or research on large samples| * Expensive to buy reports on many different market places | * Sampling * the entrepreneur does not have the resources/time/skills to research everyone so a choice has to be made to select a proportion of those that could be researched * Random sample * Not haphazard * Computers used to generate random lists of people * Quota sample * Characteristics of marker Can be cheaper and accurate * Collected on street corner * Stratified sample * Randomly chosen from a sub-group * Sample size * How many people you want to interview? * Consideration * Cost, time, target market * Quantative Data: * Data in numerical form. An example is ‘8 out of 10 owners who expressed a preference said their cats preferred Whiskers’. * Quantative data is usually collected from larger scale research in order to generate statistically reliable results. * Good for establishing key info about a business and its market * Numerical information * Focuses on what is happening. Techniques * Online survey * Telephone survey * Questionnaire * Qualitative Data: * Data about opinions, attitudes and feelings. It is usually expressed in terms of why p eople feel or behave the way they do. * Difficult and expensive to collect * More revealing and useful * Information about attitudes, feelings and opinions * Focuses why it is happening * Techniques * In-depth interviews * Group discussions * Exam Tips: * When asked to analyse market research carried out, consider the following * Reliability of the research e. g. was it up-to-date? How representative was the research e. g. was the sample representative of the target market. * Sample size – was it large enough to be valid and reliable? * Response rate * Questions – were the right questions asked? * Bias – is the research likely to be bias? Who was asked? Was the method appropriate? E. g. questionnaires often produce bias results. * Market Share, Size and Growth * Market Share – * This is the proportion of a total market accounted for by one Product Company. * Market share can either be expressed as a % or as a value of the overall market * X 100X 100 Compa ny Value Company Value Total value of the market Total value of the market * Market size- * The total sales for a whole market e. g. pet food – expressed in the terms of value (? s) or units. ( don’t know how to calculate it, no specific formula) * Market Growth- * Change in Size Change in Size Measures the percentage change in sales (volume or value) over a period of time. X 100 X 100 Previous Market Size Previous Market Size * To calculate the change is: * New Market Size – Previous Market Size * Understating the Market Market- anyone willing and with the financial ability to buy a product or service. * 2 types: * Electronic market * Does not have a physical presence, but exists in terms of a virtual presence via the internet. * Many businesses have gone from ‘brick to click’ * In fact there are business which exist to help other business create an online presence (e. g. shopcreator. com ) Advantages of Virtual Presence| Disadvantages of Virtual P resence | * All customers are equally near from the business so distribution costs are reasonably constant. * Price transparency| * The world is the market| * Might get a lot of ‘hits’ doesn’t mean people are buying| * Less expensive – marketing & distribution| * No sales staff to encourage & advise| * 24/7 opening, no need to close| * Website crashes| * No requirement for an expensive location. | * Security issues| * Start-up costs lower| * Some people like to go to a shop and browse| * Business can react quicker to customer requests| * Lack of help and support. | Factors Affecting Demand * Price- some products/services have a demand which is very sensitive to price changes. Competition- the actions of competition particularly in relation their prices, or the features of their products will affect demand. * Incomes- some products/services have a demand which is very sensitive to changes in people’s income. * Marketing – there is a relationsh ip between the amount of money spent on marketing and the demand for the product. * External Factors- such as seasonality will also affect demand and possibly price. Market Segmentation. A technique where a whole market is broken down into smaller sections to identify groups of consumers with similar characteristics. * Segmentation characteristics: * AGE * CULTURE * GENDER SOCIAL CLASS * LIFE – CYCLES * INTERESTS/ LIFE STYLE * INCOME * Benefits: * Help them to know customers and suit their needs * Increase sales * Make more profit * Retain more customers * Increase market share * Improve marketing. * Limitations: * Need a good knowledge of the market – a small business start-up may not have this. * Can be difficult to predict customer behaviour – they don’t always behave like predicted. Location * Location is the place where a firm decides to site its operations. * Location decisions can have a big impact on costs and revenues. * E. G. * Skilled labour av ailable * Low land cost * Low rent * Close to customers High unemployment * Low unemployment * Close to raw materials * Close to suppliers * Cheap labour * Government assistance e. g. grants * Room to expand * Within the EU trade area * Low corporation tax * Access to ports * Excellent road networks * Low transport costs * Quantative factors – those that have a numerical value attached to them e. g. low rent * Qualitative factors – other factors associate with, for example, quality of the infrastructure or labour available. * Infrastructure – the fundamental facilities and systems serving a county, city or area, such as transportation and communication systems, power plants and schools.Employing People * Staffing options * Full-time – a member of staff who works in excess of 30 hours per week. Benefits| Drawbacks| * Available all the time to handle unexpected events. | * High cost. | * Able to build up better working relationships with each other- spendin g a lot of time together. | * Might not give the business flexibility in terms of an ability to increase capacity. | * Build up relationships with customers or suppliers. | * | * More loyal and committed. | * | * Take advantage of training opportunities. | * | Part-time – a member of staff who generally works fewer than 30 hours per week or a fraction of a full-time contract. They have the same employment rights as full-time employees. Benefits| Drawbacks| * Flexibility | * Difficult to access training| * Can be used when there are busy periods of trade| * Difficult to communicate between part-time staff| * Extend trading & production periods| * Less able to build close relationships with customers| * Allows people to manage work alongside other commitments, such as family| * Cost of employing and managing people on a part-time basis may not be much lower than full-time. * Job share – wider range of skills and talents| | * Small business- starting point, allow small bu sinesses to build slowly| | * If someone doesn’t want to work full-time they can become part-time and the business still has valuable experienced staff. | | * Temporary- employees who are employed for fixed periods of time, often seasonal workers, can be part-time or full-time. Benefits| Drawbacks| * If the volume of business may be uneven or uncertain the entrepreneur can keep the level of staff very flexible. | * May not know the working of the business or its culture. * Specific tasks or jobs may need doing which may have a finite time period. | * Not as motivated as permanent. | * Business could lack certain skills which are only needed for specific period of times| * Make communication difficult. | * Help a business through a period of short term staff shortage- e. g. maternity cover. | * Customers may not like a constantly changing workforce e. g. service businesses. | * May eventually become permanent. | | * Consultants & Advisors- * Businesses or individuals who provi de professional advice or services over a specific period of time for a fee. Small businesses often use consultants for advice on specific issues as it is more cost effective than employing a permanent member of staff e. g. for advice on marketing, human resources etc. Benefits| Drawbacks| * Bring in skills and expertise. | * Can be expensive. | * More cost effective. | * Not know business as well as employees. | * Adjust size of work-force up or down quickly. | * May not be motivated to work hard. | * Assessing Business Start-ups In order to be able to assess the success of a business you have to look at the original objectives. Business objectives: * Objectives are quantifiable targets set by an organisation against which they can measure their success. * Clearly defined targets for a business to achieve over a certain time period. * Possible objectives: * Profit maximisations- tying to earn as much profit as possible – but this might conflict with other objectives. * Profi t satisfying – making enough profit without risking too much stress or loss of control through employment of too many professional managers. * Survival- primary objective in the first few years of any new business. Sales growth- the owners try to make as many sales as possible. * Social objectives- the main objective would be to correct on of society’s problems but there may be a financial requirement to at least break even too. * Benefits- * Give direction and focus to the owners and the people who work in the business. * Create a well-defined target so the owners can make appropriate plans to achieve these targets. * Inform lenders and investors of the aims of the business. * Give a guideline for assessing the performance of the business overtime. * Must be SMART: Specific- clearly related to only that business * Measurable- putting a value to an objective helps when assessing performance * Agreed- by all those involved in trying to achieve the objective. Increase mo tivational impact. * Realistic – should be challenging but not impossible. * Time specific- should have a time limit so performance can be assessed effectively. * Why new business fail * Insufficient capital * Poor management skills/ lack of experience * Poor location * Lack of planning * Poor market research * Over-expansion * External factors – e. g. price increases, competitors. Niche MarketsA small and clearly identifiable segment of a market. E. g. specialist sports cars, gluten-free food, vinyl, bespoke furniture, tailor-made clothing. Characteristics: * Relatively few customers, therefore small volume of sales. * Premium priced, therefore good potential for profitability. * Product is often highly differentiated. * Usually too small to attract larger businesses, therefore attractive to smaller businesses. Advantages| Disadvantages| * Little competition – easy to gain market share. | * Tend to have higher fixed costs as they are spread across relatively sm all volumes of output/sales. * Can charge premium prices – potential for higher profit. | * Degree of specialisation makes niche markets vulnerable to changes in market conditions. | * Can focus on needs of individual customers and respond quickly to changes in these needs. | * Successful niche may attract interest of larger firms – small firms may find it difficult to compete. | * Allow small firms to compete effectively. | | * Gain â€Å"first mover advantage† i. e. first in the market, can establish brand/image. | | * Can target market more effectively e. g. have a more personalised service. | |