Slimate change essay Essay

Climate change is the most significant challenge to achieving sustainable development and threatens to drag thousands of people to severe poverty. It refers to any outstanding measures of climate lasting for an extended period of time. This includes major changes in temperature, precipitation or winds patterns and others that occur several days longer. Some Caribbean islands in particular are vulnerable to climate change. Rising sea levels will have a consequential and dampening effect on their economy and livelihood. Climate change can damage coral reefs, reduce land source for agriculture and alter the fishing industry. A study shows that the World Bank states that if the see continues to rise at this rate countries will be mostly affected at a global level by climate change in 2050. The rising of sea level will also wreak havoc. A few possible consequences of rising sea levels are , firstly , billons spent on adaption. For example the U.S has roughly 20,000km of coastline and 32,0 00km of wetlands. A recent study showed that the estimated cost of adapting to even a one meter, the rise of sea level in the U.S will cost up to U.S $156 billion dollars. Secondly, within a meter the rise of sea level in some islands would be submerged. A Pacific island name Kiribati, in early 2005 have gone under the waves ,inundated by a high spring tide that washed away farmland , wells which were once pure water was contaminated, land homes and other facilities were lost. Lastly, cities will end up below sea level, which will meritably displace and cause massive economic damage. Higher sea defenses becomes impractical an even the wealthiest of nations will see cities destroyed due to floods. A sustainable development is to introduce water sports. Water sports can have a positive force on people in trms of health and recreation. It can provide social benefits for billions of people around the world. There can be an increase of tourism revenue, therefore providing the economy with an income and continue or start infrastructural development in the country. We as a country as well can host international competitions. These competitions, games and tournaments can run through the year. The level of poverty will reduce due to the creation of employment.in the health sector; this can lead to a healthy lifestyle which can prevent diseases and such to affect a person throughout his or her life. Really and truly no one of us here today will like to live a life full of diseases and pain. Through water sports people can also increase their stamina and strength. Ladies you  better want to join a swimming class now because this can help you shed a few of those extra pounds. Lastly we as a country can achieve social integration. In this process we as a republic can adopt, accept and facilitate new cultures and traditions. We can make our country diversified into a multi culture country. Secondly climate change can cause hurricanes, tropical storms and tornados to become more intense, therefore they are longer lasting, unleashing stronger winds and causing additional mutilation to coastal ecosystems and communities. The main offender is advanced ocean temperatures, since tropical storms and hurricanes get their strength in warm waters. As sea surface temperatures rise, developing storms will accumulate more strength. Many scientists believe the broad premise that a hotter climate likely contributes to the increase in the strength of any hurricane or storm, which is previously underway and intensify. There is also abstruse evidence that sea level rising is another product of climate change which can therefore contribute to a higher risk of treacherous hurricanes and storm surges. They are like giant heat engines. They transfer latent heat energy from the ocean to the atmosphere transforming some of it into mechanical energy in the process: the maelstrom of hurricane winds and giant waves. â€Å"High sea surface temperatures lead to the evaporation of moisture which provides fuel for the storm. Then it gives up the latent heat {power of the storm}. Together they provide for stronger storms. This evidence is very clear,† says Kevin Trenberth, a senior scientist at the NOAA’s {National Center for Atmospheric Research in, Boulder Colorado. Tragic consequences of hurricanes and storms are such as: floods, loss of homes, facilities and loss of friend’s family and relatives. A sustainable development that can be introduced is to provide facilities where citizens can go for assistance after storms or hurricanes. This is where people can go to the facilities and receive assistance in these tragic times. In the after math of a storm, in each community, firstly should have a natural disaster team whereby they can come to the rescue during these times of need. In this way they must have medical equipment, the basic necessities. They should have place for storage items such as foods, bottled water, medical supplies, clothing and money. They must have meetings with the general public to let them know how to contact them and ask for assistance. Lastly, climate change affects the water availability and water demand.  Sufficient supply of freshwater is essential for almost everything in this world. Population growth will increase the demand for water and at the same time, climate change will affect the freshwater availability. For example there are less water in parts of the United States of America and Asia – more in parts of Europe. The ISI – MIP results indicate that in the Western, United States, Southern Europe and parts of Asia, climate change lowers freshwater availability. Subsequently, this may lead to challenges for the agriculture sector, and food production. The ISI – MIP experts of water resources, ecosystems, agriculture energy and analyzing projections with the sector. The experts study the effects of climate change of two to five degrees in climate change. Appalling consequences are such as an unclean environment, mosquito nesting areas and so forth. A sustainable development for this can be to preserve water in a community tank. If people in the community give a fair amount of water from their daily supply for storage in the community, when a drought arrives each person from the community can receive sufficient water to sustain them for a drought. During this period of time the political leader of his or her constituency should appoint a person to distribute the water equally in his or her constituency. Therefore that person can make a table on when he or she gets water and when to cut off there supply and send to another person. This way life as we know it will be cleaner and preserved. In conclusion to my essay climate change affects us human beings in so many ways. There can be more I can add but these three points I wrote today in my essay was very intriguing to me. I quote from Al Gore â€Å"As human beings, we are vulnerable to confusing the unprecedented with the improbable. In our everyday experience, if something has never happened before, we are generally safe in assuming it is not going to happen in the future, but the exceptions can kill you and climate change is one of those exceptions.† Climate change shouldn’t be taken for a joke. Earth is our home. Take care of it , because one day to come we will have no land to live on. Glossary http://www.brainyquote.com/quotes/keywords/climate_change.html#XOgv23pA2phHu034.99

Sale & Attachment of Property in Execution Decree

Chapter – I Introduction & Research Methodology 1. Introduction: The passing of a decree by a competent court conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit, thus creating substantive rights in favour of the decree-holder. However, lately it has been seen that instead of following the terms and conditions of the decree, judgment-debtors have been placing a number of obstacles in the way of a decree-holder. In fact, such a trend has become so prevalent that it has forced the Supreme Court to opine that ‘the difficulties of a litigant begin when he has obtained a decree’. Conscious of the significance and importance of giving effect to the decree and orders passed by competent courts, the Code of Civil Procedure provides for elaborate rules for the execution of decrees. In an attempt to ensure that a decree-holder is able to realize the benefits out of the decree, the Code of Civil Procedure gives a number of modes for the execution of decrees. One of these modes of execution of decrees is the process of attachment and sale of the properties of the judgment-debtor. Since, a decree holder does not by virtue of the judgment, get a right to the property, he cannot get the right by way of filing a suit but by attachment and sale in execution. While through the process of attachment the court informs the world that the property so ordered to be attached is â€Å"in its view† and â€Å"no existing rights and liabilities should be altered†; through the process of sale of the properties of the judgment-debtor, the Court diverts the money so collected to the decree-holder in satisfaction of his claim. However, by its very nature property may be of different types. Therefore, a judgment-debtor may possess either movable or immovable properties, or both. Thus, keeping in regard the differing characteristics of these two types of properties, the Code of Civil Procedure prescribes different procedures for the attachment and sale of movable and immovable properties. It is the endeavour of this project to examine the process of attachment and sale of movable and immovable property in a money decree and to intellectualize the reasons for the different process for the attachment and sale of movable and immovable property. 2. Research Methodology: The research scheme undertaken by the researcher is comprised of doctrinal study of the books available at the library of the Institute of Law and besides that the researcher has also taken the help of the internet to look into some of the Interpretation of some cases and principle of natural justice and the researcher the also taken in view the various cases which are relevant for the research work. 3. Research Hypothesis: †¢ What are the conditions under which attachment & sale of property becomes necessary, can it be done & how it is done. . Aim of Research: The aim of this project is to find out why sometimes it becomes very much necessary for the attachment of property even after the judgement has been declared & to examine the different ways under Code of Civil Procedure which provide for sale and attachment of property. 5. Scope & Limitation of Research: The scope of this project is limited to the study of the various provisions regarding attachment and sale of property in execution of decrees provided for in the Code of Civil Procedure. Chapter – II Attachment of Property . General: Section 51 (b) empowers the court to order execution of decree by attachment and sale or by sale without attachment of any property. The court is competent to attach the property if it is situated within the local limits of the jurisdiction of the court. [1] It is immaterial that the place of business of the judgement – debtor is outside the jurisdiction of the court. The words attachment and sale in clause (b) of section 51 are to be read disjunctively. Therefore, the attachment of the property is not a condition precedent. Hence, the sale of the property without an attachment is not void or without jurisdiction and does not vitiate the sale. It is merely an irregularity. An order of attachment takes effect from the moment it is brought to the notice of the court. Rule 54 provides for the attachment of immovable property and the procedure for the proclamation of such attachment. The object of Rule 54 is to inform the judgement – debtor about the attachment so that he may not transfer or create encumbrance over the property thereafter. [2] The code enumerates properties to be attached and sold in execution of a decree. 3] Likewise, it also specific properties which are not liable to be attached or sold. [4] It also prescribes the procedure where the same property is attached in execution of decrees by more than one court. [5] The code also declares that a private alienation of property after attachment is void. In Ghanshyam Das v. Anant Kumar,[6] while dealing with the provisions of the Code of Ci vil Procedure relating to the execution of decrees and orders, the Supreme Court had stated that the Civil Procedure Code contains elaborate and exhaustive provisions for dealing with the question of execution of decrees. More specifically, Section 51[8] of the Code of Civil Procedure enumerates in general terms the various modes of execution of a decree, one amongst which is the attachment of the property of the judgment-debtor. Procedure enumerates in general terms the various modes of execution of a decree, one amongst which is the attachment of the property of the judgment-debtor. 2. Object of Attachment: Execution of a decree takes place by attachment of property of judgment-debtor. In fact, the attachment of the judgment-debtor’s property s the preliminary step to the sale of property in execution proceedings and the underlying object of attachment of the property is to give notice to the judgment-debtor not to alienate his property to anyone and also to the general public not to purchase or to deal with the property of the judgment-debtor attached in execution proceedings. 3. Effect of Attachment: Section 64 of the Code of Civil Procedure makes it manifest that attachment has merely the effect of preventing private alienation to the prejudice of claims under attachment. It conveys no title, charge, lien or priority in favour of the attaching creditor. In fact, in Subbarao v. Official Receiver[7] the Andhra Pradesh High Court while dealing with the involuntary sale of the judgment-debtor’s flat under a decree of a court, stated that an order of attachment does not prevent a transfer by operation of law and nor does it create any interest or lien. 4. Property which can be Attached: Section 60 of the Code of Civil Procedure enumerates the properties, which are liable to attachment in execution of a decree. It states that all saleable property (movable or immovable) belonging to the judgment-debtor or over which or the portion of which he has a disposing power which he may exercise for his own benefit may be attached and sold in execution of a decree against him. More specifically, in State of Punjab v. Dina Nath,[8] wherein the right to officiate at funeral ceremonies was held to be not saleable, it was stated by the Supreme Court that Section 60 of the Code of Civil Procedure is not exhaustive and specific non-inclusion of a particular species of property under Section 60 is therefore, not of any consequence if it is ‘saleable’[9] otherwise. However, regard must be had to the proviso to sub-section (1) of Section 60, which enumerates certain properties such as necessary wearing apparel, cooking vessels, beddings, tools of artisans, implements of husbandry, houses of agriculturalists, wages, salaries, pensions and gratuities, compulsory deposits, right to future maintenance etc. and declares that the properties specified therein are exempt from attachment and sale in the execution of a decree. . Attachment of Movable Property: The attachable property belonging to the judgment-debtor may be either movable or immovable in nature. Rules 43 to 53 of Order 21 of the Code of Civil Procedure lay down the different ways in which the movable property belonging to the judgment debtor is to be attached keeping in regard the nature of the specific movable property sought to be attached. 1. Attachment Of Movable Property (Other Than Agricultural Produce) In Possession Of The Judgment-Debtor: Rule 43 of Order 21 of the Code of Civil Procedure deals with the mode of attachment of all movable property, other than agricultural produce and property not in the possession of the judgment-debtor, for both of which provision is made in Rules 44 to 46 of Order 21 of the Code of Civil Procedure. Under Order 21, Rule 43, the attachment is legally effected only by actual seizure. Significantly, keeping in view the varied nature of the movable properties that may be attached under this rule the Proviso to Order 21, Rule 43 of the Code of Civil Procedure provides that when the property seized is subject to speedy and natural decay, or when the expense of keeping it in custody is likely to exceed its value, the attaching officer may sell it at once. 2. Attachment of Debt, Share & other property not in Possession of Judgement – Debtor: Rule 46 of Order 21 of the Code of Civil Procedure deals with the mode of attachment of debt, share and other movable property not in the possession of the judgment-debtor. Under Order 21, Rule 46 of the Civil Procedure Code the attachment of debts (other than negotiable instruments), shares in a corporation or other movable property not in the possession of the judgment-debtor is legally effected by a prohibitory order, as contradistinguished from the requirement of actual seizure under Order 21, Rule 43. . Attachment of Negotiable Instrument: Rule 51 of Order 21 of the Code of Civil Procedure deals with the mode of attachment of negotiable instruments, which are neither deposited in the court nor in the custody of a public officer. Under Order 21, Rule 51 of the Civil Procedure Code the attachment of negotiable instruments, which are neither deposited in the court nor in the custody of a publ ic officer, is legally effected by actual seizure. As regards negotiable instruments it does not matter whether the negotiable instrument is in possession of the judgment-debtor or not. Furthermore, the actual seizure of the negotiable instrument is necessary as there is always a danger that third parties may bona fide become possessed of the negotiable instrument, and if a prohibitory order is held to be a valid attachment, they would be prejudiced by such an order of which they may know nothing. 4. Attachment of Salary or Allowance: Rules 48 and 48-A of Order 21 of the Code of Civil Procedure deal with the mode of attachment of salary of the judgment-debtor. Under Order 21, Rules 48 and 48-A of the Civil Procedure Code the attachment of judgment-debtor’s salary or allowance is legally effected by issuing a prohibitory notice to the dispersing officer but if such prohibitory notice is not served to the dispersing officer, the order of attachment will have no effect. Furthermore, the territorial jurisdiction is not considered in this case, and wherever the judgment-debtor is working his salary can be attached. 5. Attachment of Immovable Property: The attachable property belonging to the judgment-debtor may also be immovable in nature. Rule 54 of Order 21 of the Code of Civil Procedure lays down the directions as to the mode of attachment of immovable property, which are mandatory in nature and not merely directory. Under Rule 54 of Order 21 of the Code of Civil Procedure the attachment of immovable property is legally effected by the issuance of an order by the Court prohibiting the judgment-debtor from transferring or charging the property in any way, and all persons from taking any benefit from such transfer or charge. Such an order is to be proclaimed at some place on or adjacent to such property by beat of drum or other customary mode, and a copy of the order shall be affixed on a conspicuous part of the property and then upon a conspicuous part of the Court-house. Also, where the property to be attached is a land paying revenue to the Government, a copy of the order is to be affixed in the office of the Collector of the District in which the land is situate and, where the property is land situate in a village, also in the office of the Gram Panchayat, if any, having jurisdiction over that village. Chapter – III Sale of Property 3. 1. General: A decree may be executed by attachment and sale or by sale without attachment of any property. Sections 65 to 74 and Rules 64 to 106 of Order 21 of the Code of Civil Procedure deal with the material provisions relating to sale and delivery of properties. 3. 2. Power of Court: Rule 64 of Order 21 of the Code of Civil Procedure states that any Court executing a decree may order that any property attached by it and liable to sale, or such portion thereof as may seem necessary to satisfy the decree, shall be sold, and that the proceeds of such sale, or a sufficient portion thereof, shall be paid to the party entitled under the decree to receive the same. However, it must be noted that in Desh Bandhu v. Anand,[10] wherein the Court, while confronted with the twin issues of sale of properties situated outside the territorial jurisdiction of the Executing Court and the failure of the judgment-debtor to take objection in time, it was opined that: â€Å"The term â€Å"may† in this rule does not confer a discretion on the Court to order or refuse to order a sale; it is obligatory on it to do so when a valid application for such order and a valid attachment has been made. † 3. 3. Sale by Whom Conducted and How Made: Rule No. 65 of Order 21 of the Code of Civil Procedure enacts that every sale in execution of a decree shall be conducted by an officer of the Court or by such person as the Court may appoint in this behalf, in a public auction. 3. 4. Proclamation of Sale: A proclamation of sale is necessary for providing information to the intending purchasers. Thus, Rule 66 of Order 21 of the Code of Civil Procedure enacts that the Court shall cause a proclamation of the intended sale to be made in the language of the Court. Such a proclamation is to be drawn up after the notice to the decree-holder and the judgment-debtor. An absence of a notice causes irremediable injury to the judgment-debtor and sale without such a notice will be a nullity. 3. 4. 1. Purpose of a Proclamation: It has been stated that a proclamation of sale is meant for the information of intending purchasers and not of the judgment-debtor. However, in Narayanappa v. Akkulappa,[11] it was stated that the purpose of issuing a proclamation is two-fold: (a)  Ã‚  Ã‚   it protects the interests of the intending purchasers by giving them all material information regarding the property to be sold; and (b)  Ã‚   it protects the interests of the judgment-debtor by facilitating the fetching of proper market price for his property and by preventing it being knocked down at public auction for a price much below the market price. 3. 4. 2. Contents of the Proclamation: Rule 66 (2) of Order 21 of the Code of Civil Procedure enacts that the proclamation, which is to be drawn up shall state the time and place of sale, and specify as accurately as possible, the following particulars – (a)  Ã‚  Ã‚   the property to be sold, or, where a part of the property would be sufficient to satisfy the decree, such part; (b)  Ã‚   the revenue assessed upon the estate or part of the estate, where the property to be sold is an interest in an estate or in part of an estate paying revenue to the Government; (c)  Ã‚  Ã‚   any encumbrance to which the property is liable; (d)  Ã‚   the amount for the recovery of which the sale is ordered; and (e)  Ã‚  Ã‚   every other thing which the Court considers material for a purchaser to know in order to judge of the nature and value of the property. 3. 4. 3. Mode of making Proclamation: In order to protect the judgment-debtors and for the purpose of ensuring that the properties of such persons shall not be put to s ale unless due publicity is given to the fact that a sale is to be held and a proper opportunity is afforded to bidders to attend the sale after notice is given’ Rule 67 of Order 21 has been incorporated in the Code of Civil Procedure. Rule 67 of Order 21 of the Code of Civil Procedure provides that every proclamation shall be made and published in the manner prescribed by Order 21, Rule 54 (2) for attachment for immovable property, i. e. , a copy of it shall be affixed on a conspicuous part of the property, and then of the Court house, and in the Collector’s office, in the case of revenue paying land. Also, if the Court so directs, it shall also be published in local Official Gazette, or in a local newspaper, or in both. 3. 5. Time for Sale: Rule 68 of Order 21 of the Code of Civil Procedure provides that there shall be an interval of fifteen days in the case of immovable property and seven days in the case of movable property between the date of sale and the date of affixing the copy of the proclamation in the Court-house. However, it should be noted that the seven days rule does not apply to a sale of movables subject to speedy and natural decay. 3. 6. Sale of Movable Property: Rules 74 to 81 of Order 21 of the Code of Civil Procedure provide for specific provisions for the sale of movable properties. 3. 6. 1. Place of Sale of Movable Properties: Sale of all movable properties in execution of a decree should ordinarily be held at some place within the jurisdiction of the court ordering such sale. In the case of Lakshmibai v. Santappa,[12] where certain ornaments were attached in Banaras and the judgment-debtor urged that they should be directed to be sold at Bombay on the ground that they would probably fetch a better price and it was found by the Court that a fair price could be had on the spot, it was held that there was no good and sufficient reason to depart from the usual practice. 3. 6. 2. When Sale Becomes Absolute in Movable Properties: Sub Rule 2 of Rule 77 of Order 21 of the Code of Civil Procedure enacts that the sale of a movable property becomes absolute as soon as the purchase money is paid to the officer or other person holding the sale and no order of Court is necessary as in the case of the sale of immovable property. 3. 6. 3. Sale of Agricultural Produce: Rule 74 of Order 21 of the Code of Civil Procedure makes special provision for the sale of agricultural produce. It provides that in case of agricultural produce, the sale shall be held on or near the land on which the crop is standing or where the crop has been harvested, at or near the place where the crop is lying. It is also pertinent to note that Sub Rule 2 of Rule 74 of Order 21 states that such a sale can be postponed, if the court feels: (i)  Ã‚  Ã‚  Ã‚   that the fair price is not offered; and (ii)  Ã‚   the owner thereof applies for such postponement. 3. 6. 4. Sale of Negotiable Instruments and Shares in Corporations: Rule 76 of Order 21 of the Code of Civil Procedure makes special provision for the sale of negotiable instruments and shares in corporations. It provides that in case of negotiable instrument or a share in corporation, the court has power to order sale through a broker instead of by public auction. It is pertinent to note here that this rule is only permissive. A court is not bound to authorize the sale of negotiable instrument or share in a corporation through a broker. 3. 6. 5. Effect of Irregularity on Sale of Movable Property: Rule 78 of Order 21 of the Code of Civil Procedure stipulates that even in case of irregularity in publishing or conducting of sale, the sale of moveable property in execution decree cannot be said aside. Thus, the sale does not ipso facto become void for reason of violation of provisions relating to the sale. However, a person sustaining any injury by reasons of irregularity in the sale at the hand of any other person may sue such a person for compensation, or, if such a person is the purchaser, for recovery of the specific property and for compensation in default of such recovery. 3. 7. Sale of Immovable Property: Rules 82 to 96 of Order 21 of the Code of Civil Procedure provide for specific provisions relating to the sale of immovable properties. 3. 7. 1. Courts Competent to Order Sale: Rule 82 of Order 21 of the Code of Civil Procedure stipulates that except the small cause court, any other court can give the order of sale of immovable property. 3. 7. 2. Postponement of Sale: In order to prevent the sale of the immovable property of the judgment-debtor in cases where the decree can be satisfied by private alienation of such property, Rule 83 of Order 21 has been incorporated into the Code of Civil Procedure. It provides that on an application by the judgment-debtor, the court in its discretion may give the judgment debtor some more time, to try and alienate the property in order to raise the requisite some of money. 3. 7. 3. Deposit and Payment of Price: Rule 84 to 87 of Order 21 of the Code of Civil Procedure deal with the deposit and payment of price in cases of sale of immovable property. Immediately after the sale of immovable property, the purchaser must deposit 25 percent of purchase money, unless such requirement is dispense with by the court. The purchaser must pay the balance of the purchase-money within fifteen days of sale. In case of a failure on the part of the purchaser to deposit the amount, the advance may be forfeited and fresh sale ordered, after the issuance of a fresh notification. Explaining the ambit and the scope of the provisions of Rules 84 to 86 of Order 21 of the Code of Civil Procedure, the Supreme Court in the case of Manilal Mohanlal v. Sayed Ahmed,[13] has stated that: â€Å"Having examined the language of the relevant rules and the judicial decisions bearing upon the subject we are of the opinion that the provisions of the rules requiring the deposit of 25 per cent of the purchase-money immediately, on the person being declared as a purchaser and the payment of the balance within 15 days of the sale are mandatory and upon non-compliance with these provisions there is no sale at all. The rules do not contemplate that there can be any sale in favour of a purchaser without depositing 25 per cent of the purchase-money in the first instance and the balance within 15 days. When there is no sale within the contemplation of these rules, there can be no question of material irregularity in the conduct of the sale. Non-payment of the price on the part of the defaulting purchaser renders the sale proceedings as a complete nullity. † 3. 7. 4. Setting aside of Sale: Rule 89 to 92 of Order 21 of the Code of Civil Procedure deal with the setting aside of sale. They provide that when a property is old in execution of a decree, an application for setting aside sale may be made under these provisions by the persons and on the grounds mentioned therein. 3. 7. 5. Confirmation of Sale: In contrast with the provisions relating to the sale of movable properties, â€Å"no sale of immovable property shall be come absolute until it is confirmed by the Court. † Also, Rule 92 of Order 21 of the Code of Civil Procedure, which deals with the procedure for confirmation of sale, provides that where no application to set aside the sale is made under Rules 89, 90 or 91 or where such application is made and is disallowed by the Court, the court shall make an order confirming the sale, and thereupon the sale shall become absolute. Chapter – IV Conclusion It has been said that the difficulties of a litigant â€Å"begin when he has obtained a decree. The execution process, which commences with the filing of an application for execution, aims at the enforcement of a decree by a judicial process. Aware of the fact that a number of obstacles are placed in the way of a decree-holder, who seeks to execute his decree against the property of the judgment-debtor, the Code of Civil Procedure provides for elaborate rules and procedures for the execution of decrees. In an attempt to enable the decree-holder to realize the fruits of the decree passed by the competent court in his favour, the Code of Civil Procedure allows for the attachment and sale of the properties of judgment-debtor as one amongst the various modes of executing a decree. However, the nature of the properties of judgment-debtor liable for attachment is usually varied. The properties belonging to the judgment-debtor, which are sought to be attached and sold, may be movable or immovable. Since, movable and immovable properties by nature have differing rights; there are different legal regimes governing these two types of properties, and therefore the court has to cater to these different rights and proceedings. Thus, in an attempt to ensure that attachment and sale of the property of the judgment-debtor remains a viable and effective mode of execution of decrees the Code of Civil Procedure has prescribed different procedures for the attachment and ale of movable and immovable properties in execution of money decrees. This is best illustrated in the prescription of actual seizure of the property in cases of attachment of movable property, as in these cases a very real threat exist that the property might escape the jurisdiction of court. Chapter – V Bibliography 1. Basu’s , ‘The Code of Civil Procedure’, Ashok Law House, New Delhi, 10th Edn. , Vol. 2, 2007. 2. Majumdar’s, ‘Commentary on the Code of Civil Procedure, 1908’, Orient Publishing Company, 6th Edn. , Vol. 1, 2010. 3. Justice Nandi & Gupta Sen, ‘The Code of Civil Procedure’, Kamal Law House, Kolkata, Vol. 1, 2009. 4. Rao’s V. J. ‘The Code of Civil Procedure, 1908’, ALT Publication’s, 5th Edn. , Vol. 1, 2008. 5. Jain, M. P. , â€Å"The Code of Civil Procedure†,2nd Edn. , Lexis Nexis ButterWorths Wadhwa,Nagpur. 2008. 6. Prasa, B. M. , & Sarvaria, S. k. , â€Å"Mulla The Code Of Civil Procedure†,14th Edn. , Lexis Nexis ButterWorths Wadhwa,Nagpur, 2011. ———————– [1] Raoof v. Lakshmipathi, AIR 1969 Mad 268. [2] Desh Bandhu v. N. L. Anand, (1994) 1 SCC 131. [3] S. 60(1). [4] Proviso to S. 60(1). [5] S. 63. [6] AIR 1991 SC 225 1. [7] AIR 1965 A. P. 52 [8] (1984) 1 SCC 137 [9] ‘Saleable’ means saleable by auction under the orders of a Court [10] (1994) 1 SCC 131 [11] AIR 1965 A. P. 215 [12] AIR 1964 Bom 342 [13] AIR 1954 SC 349

Marketing – Packaging of Raisins

Tiffany Eu, 7605325435 Packaging Assignment – Sun-Maid Raisins There are not many brands of raisins that are found on a shelf of a typical supermarket but compared to its competitors, like Newman’s Own Raisins and Champion Raisin, the Sun-Maid raisins packaging stands out. Since sun-maid raisins come in many different packaging sizes and forms, I will focus on their 15-ounce red box packaging. Sun-maid raisins stand out due to many factors like its visibility, the information given on the packaging, emotional appeal to its consumers and the workability of the packaging.At first glance, a consumer may see three main things on the box front: sun-maid’s well-known logo, the word â€Å"sun-maid† and the word â€Å"raisins† in the middle of a picture of fresh grapes and raisins. Sun-maid’s large yellow logo of the woman holding grapes, modeled after Lorraine Collett Petersen, has been the logo for sun-maid since 1915, three years after the brand w as started. Most of its consumers worldwide are familiar with this logo and it is positioned at the top of the box where it is very visible against the red background.For those consumers who are not familiar with the brand logo, the brand name â€Å"sun-maid† is states in large yellow font across the center of the box. The word â€Å"raisins† is also stated near the bottom of the box among a picture of fresh grapes and raisins to attract consumers who may be interested in buying raisins. Another smaller logo that was introduced recently, and is probably only temporary, saying â€Å"healthy food award† and â€Å"fitness† informs consumers that sun-maid raisins carries a â€Å"Fitness Healthy Food Award† assessed by experts on the â€Å"Fitness† magazine.This logo is supported by additional information about the award, formatted as a paragraph on the back of the box, and integrates methods of consuming these raisins into the paragraph. They su ggested to â€Å"sprinkle raisins on cereals, yogurts, salads or snack right out of the package. On the front of the box, it also states â€Å"since 1912† in smaller font below their logo in order to reassure its consumers of its reliability since it has been established for so long. On the sides of the box, sun-maid informs their consumers about their nutritional facts in a able and includes a brief summary of its benefits on the other side, such as â€Å"100% natural†, â€Å"no fat†, â€Å"no preservatives† and â€Å"naturally sweet and have no added sugar†. Although not much information is needed for eating raisins, sun-maid provides instructions on how to use their resealable bag inside the box on a reusable sticker that is used to reseal the bag of raisins. Furthermore, the packaging attracts consumers by evoking positive feelings, such as happiness. The bright colours, yellow and red, are cheerful colours.Yellow reminds us of the bright sun which we associate with happiness and nature while red reminds us of the deep red/purple colour of the grapes from which the raisins are made. There is also a feeling of nature and simplicity from the traditional look of the girl holding a basket of grapes in their logo and the feel of the cardboard box as opposed to a modern looking plastic container. The feeling of nature may also induce the idea of healthiness which will attract consumers to sun-maid raisins.Other than just appealing to the consumers by its looks, sun-maid’s packaging is also successful in the way that the shape of the packaging is also very functional. The rectangular shape of the box allows for easy storage and shipment while the tall height of the box maximized the packaging front that consumers see as they pass by it on a shelf. The box is also useful for protecting the raisins from being squished and the sealed plastic bag on the inside keeps the raisins fresh and easy to store after opening (since th e bag is resealable simply with a small sticker that they provide).This larger packaging is more environmentally friendly as compared to their smaller individual packs but sun-maid does not specify if they use recycled cardboard for their boxes and the plastic bag inside a cardboard box is a little redundant in terms of being environmentally friendly. The 15-ounce packaging of sun-maid raisin is successful for the many reasons states above. Shopping in a supermarket, I would, personally, choose sun-maid over its competitors subconsciously because of its packaging and perhaps also because it is a well-know and trusted brand.

Star report Essay Example | Topics and Well Written Essays - 750 words - 2

Star report - Essay Example Though it is not as visible from the earth, the Proxima Centauri is the main sequence star. The star is thus the main sequence red dwarf star, and like the sun has a low luminous value compared to the degenerate (white) dwarf stars that run on star remnants. The energy generated by the star (magnetic, X-Rays, and surface flares), is promoted by the thermonuclear fusion of hydrogen not accumulating helium ash at the core. This lengthens the lifespan of the star, which is estimated to be when the star burns through all of its fuel. The Proxima Centauri is the star nearest to the sun. As such, its nomenclature is founded in the distance to the sun. The term Proxima is derived from Latin and translates either as ‘next to’ or ‘nearest to’. It applies to both the sun and the earth, as it is the closest star to the earth after the sun, making the name proper name. Discovered in 1915 by Robert Innes (Scotsman), it is located in the G-cloud in the Centaurus constellation, with an estimated orbital period of more than half a million years (Benedict et al 1086). The myth to the constellation is that it was believed to be a bison-man by the Babylonians, similar to the Greek and Roman concept of the centaur, half horse-man. The star has a visual magnitude of 11.05 and is only visible with the use of visual aids, but its absolute visual magnitude is 15.5. Its invisibility to the naked eye follows the limitation of the eye’s visual magnitude, placed at 6. There are proposals that suggest that the star makes up the triple star system with the A and B Alpha Centauri. Such is part of the binary Alpha Centauri with about 0.237 Â ±0.011 ly (about 15.000 Â ± 700 AU (Astronomical Unit) (Benedict et al 1088). Considering its proximity, the angular diameter (1.02 Â ± 0.08 milliarcsec.), and length from the sun, its diameter has been determined as a seventh that of the sun. With this

Memo Case Study Example | Topics and Well Written Essays - 500 words - 6

Memo - Case Study Example Airing of this content was done by only few people among the CBS employees however, they failed on their duties. In this case the entire CBS is held responsible of actions of the employees who aired the content in the course of undertaking their duties. FCC had earlier come up with three ethics, these are: explicit scenery of the portrayal of sexual organs or activities. The substance dwells on or repeats at extent portrayal of sexual organs or activities. The last one is whether the substance appears to tamper or is used to titillate, or whether it may intensify the probable indecency of broadcast. FCC has made all the principles and laws clear whereby any form of exposure is prohibited by the law. Pacifica challenge on FCCs fleeting expletives is a decent illustration of infringement of the set standards and principles by FCC. Amid a mid-afternoon radio show George Carlins monolog, was publicized by a radio station. The monologs had smudged words in it that shouldnt be said in an open wireless transmission. The audience members were cautioned prior of a probability of sensitive and offensive dialect. Later a protestation was sent to FCC by a man who claimed to have listened to the show while driving with his young child. As a result of the fact that monologue contained non-scripted spoken vulgarity obscene words during a live radio broadcast makes it an fleeting expletive The FCC and Fox can be used as a prime example in this case whereby the ABC claimed to having not received a fair advertisement preceding to the broadcasts in question from FCC. This is the fact that fleeting invectives and short-lived nudity could actionably be found indecent, , however the FCC’s over-all policy is clear and which requires it to have a context-specific inspection of each purportedly offensive program with an aim of determining whether it needs censuring or not. However, I concur that the centerori renunciation by the court is incorrect that the Super Bowl

Letter about a product Essay Example | Topics and Well Written Essays - 500 words

Letter about a product - Essay Example I am looking forward to hearing from Emerson Process Management because I feel that I am a strong candidate for the vacant position. I shall keep you posted about the progress of my application with the aforementioned company. Greetings! I am contacting you today in relation to the job opening of Materials Analyst at your good company. It is by sheer luck that I am currently available to fill the position should you feel that I qualify to do so. I have almost 12 years on the job experience as a Materials Analyst having had the opportunity to work for ABC Processes Incorporated in the same position up until the time of my departure from the company this past January. I have traveled extensively across the United States as a representative for ABC Processes Incorporated and have created a personal network of business connections in the process that can benefit Emerson Process Management whenever necessary. I believe that my attached resume will prove that I am one of the strongest candidates for the open position. I am available to discuss my application and answer any questions you might have about my work experience at your convenience. I am looking forward to hearing from you about an interview date are your most convenient

English - Literary Criticism Essay Example | Topics and Well Written Essays - 1250 words

English - Literary Criticism - Essay Example To Eagleton, mass culture has a role in society, and that role is to connect the social experience in a discourse. To this end, Eagleton sees literary criticism in this light as being traditional, for this was the traditional mode of literary criticism through the ages. All the while, literary criticism should draw upon diverse fields, such as gender studies, psychoanalytic studies, film studies, cultural theory and the writings of the past (Eagleton, 1984, p. 123). Thus, for Eagleton, as for most critics, a simple story of talking pigs who take over a farm and soon become despotic is seen not in terms of its literary merit, but, rather, as an allegory for something else – the Russian Revolution. The criticism must take this into account, and, thus, the criticism must have a basis in historical thought and politics. Mass culture, such as literature and poetry, thus have a function beyond that of merely entertaining the masses – the literature and the poetry must say som ething about our society, and the criticism of such should be able to interpret these works in this manner. In this case, the work in question would need to be interpreted for the symbolism that it conveys, and the meaning that speaks to society as a whole. The passage should be reflective of societal values that are common to all, or universal, and this meaning must be teased from the passage. In this case, Alice has found another world that is parallel to this one, except that it is considerably different. It is through the looking glass, which is an expression that is commonly used for events that are bizarre to human understanding. Just the fact that through the looking glass has entered societal vernacular is proof of what Eagleton is saying – the work of Lewis Carroll has a unifying social message, one that everybody can understand. When events seem to be too bizarre to comprehend, or, in other words, become events where somebody might say â€Å"you can't make this stu ff up,† then one may say that the events are through the looking glass. At the same time, the passage speaks to the universal desire to be somewhere else, become somebody else, and inhabit another world. Perhaps the other world might be one that is free from war, hunger, poverty, and suffering. That, too, would be through the looking glass, as a world that is free from the scourges of this world would be one that would be truly bizarre to comprehend. Yet, that is the utopia about which most, if not all, of us dream. Since this desire is universal, then it would be considered by Eagleton to be unifying and a way to speak to society, and draw all factions of society together. At the same time, the passage might be considered to be social commentary, which is another element of criticism, according to Eagleton. The social commentary in this case would be the commentary that we should all strive for another world, better than the world that we have now. It seems that the looking g lass world of Alice is a world that is better than the current world, for the pictures are alive and there is a man in the clock who is grinning at her. While these are fantastic elements, they are also elements which might make up a better world. Pictures which come alive would be one element of a better world, for the people in the pictures are no longer two dimensional beings, but become living and breathing. Loved ones who have passed, yet are

Major Sales ( Marketing Analysis Paper) Essay Example | Topics and Well Written Essays - 750 words

Major Sales ( Marketing Analysis Paper) - Essay Example (Bonoma, 2006). The buyer – seller relationship is unique setting in which psychology play a huge role in the outcome of the intervention. Psychology is about understanding people’s needs and how to fulfill them (Heywood, 2007). The sales strategy utilized by a company must take into consideration how to fulfill the desires of the customers in order to obtain a final sale. An interesting scenario from the article written by Thomas Bonoma involved a company that had the best prices in the industry, but it was being outperformed by competitors because other companies were offering higher discount to the customer to finalize the sale even though their final prices were higher. This example clearly shows the perception of a higher discount played into the customers mind and created a false illusion of offering a better deal. The corporate world is complex which implies that a seller can not target a single person in a company when making a sales approach. In order to be effective at selling it is important to combine the individual and group dynamics of buying to predict what the buyer decision unit will do (Bonoma, 2007). A company can be visualize as a buying center which has different components within the organization. A corporate sale requires the salesperson to make an approach to different people within the organization to obtain results. Once the sales pitch is given to the initiator of the target this person will pass the information along to others for evaluation. The key for the salesperson is to ensure the information reaches the hands of the decision makers within the organization which are the ones that ultimately make the decision to purchase the product or service. Selling is an art and a science at the same which must be mastered by the seller. Persuasion is an element that can help salespeople a lot. If for example a particular characteristic of the

Response to Sundiata Questions Essay Example | Topics and Well Written Essays - 750 words

Response to Sundiata Questions - Essay Example The griot underestimates the ability of humans to realize their good qualities without the guidance of a strong leader. All these generic perceptions affect the audiences’ perceptions along the way. Because of him being the narrator, the audiences look at the story from the griot’s eyes rather than their own eyes, and thus start to believe that whatever presumptions griot has about humans are indeed not quite false. The griot adopts such a language in the epic, that sends the message to the audiences that his sentences are eternal truths. For instance, the griot says, â€Å"God has his mysteries which none can fathom. You, perhaps, will be a king. You can do nothing about it. You, on the other hand, will be unlucky, but you can do nothing about that either. Each man finds his way already marked out for him and he can change nothing of it† (Niane). In these words, the griot tends shapes the minds of the audiences that they can not change their destiny, which many would otherwise not believe. Sundiata has a lot of personal characteristics that make him a great person. The epic provides the audience with an insight into the heroic qualities of Sundiata, of which, his strength is the most prominent. The immense strength of Sundiata can be estimated from the fact that he has very strong arms even when he is a little child who cannot walk on his own because he is crippled. It is not expectable of a crippled child to stand up and not only bend a huge rod into a bow, but also pull a tree out of the earth along with its roots. Sundiata displays immense boldness as he participates in battles. An individual who has spent his childhood with a disability and has been exiled gets his morale lowered, but Sundiata is different. His bravery and strength traditionally make him resemble a rebellious person, but he proves to be the other way round with his nobility and

Consumer Behavior Essay Example | Topics and Well Written Essays - 4000 words

Consumer Behavior - Essay Example 10 billion (Consumer Electronics, 2010). The market offers unique opportunities for cutting-edge consumer electronic products by serving as a platform for research & development on technology and by providing the business infrastructure to stimulate and capitalize on the concept of innovation. The citizens of UK spend more on innovative electronic products compared to any other EU country. These products include mobile handsets, HD-ready TVs and Blu-Ray players. Due to its promotions in consumer electronics UK is renowned for its innovations in engineering, electronic designs and optoelectronics as it serves a hub for the technological excellence in consumer electronics. Company Overview Meituxian (Guangzhou) Electronics Co. Ltd is a privately owned company, with its head office in Guangzhou China. The company is renowned to be high-tech enterprise with keen focus on R&D, manufacturing, sales and after sales service of its range of LCD TVs. The company has patented products which inc lude: Wardrobe LCD TV, Waterproof Mirror LCD TV, Network LCD TV and Hotel LCD TV. Since its inception in the year 2005 the company has managed to maintain a close collaboration, integrating technology exchange with domestic enterprises. The company now has well equipped facility and a high-speed automated production line. The company maintains a quality standard and adheres to ISO 9001 for the standardization of its production operations, thus ensuring to deliver high-quality products to the customer. This is quality consciousness is entrusted to the employees as â€Å"quality is the life of an enterprise†, thus bringing out the best quality in the company brand â€Å"MEIXIAN†. The company also believes in delivering technologically efficient after-sales service adhering to the philosophy of â€Å"Thoughtful, Dedicated, and Adequate† that is the preferences of the customers thus delivering more customer-centric service in order to maximize customer satisfaction (MEITUXIAN) Product Meituxian Electronics has had first-movers advantage in the industry by introducing its state-of-the art technical and innovative TV Ranges to the market. Its huge product range of LED and LCD TVs incorporates a combination of innovation and advanced technology with its integrated features. MEIXIAN TV Meituxian’s Meixian TV integrates IPTV (Internet Protocol TV) with regular TV functions. It is the TV that integrates internet and access to web channels, unlike the other TVs that have internet portal, Meixian’s service is a lot more comprehensive. It gives access to various internet channels including YouTube application, media streaming from other networks and social networking sites such as twitter and facebook on the TV screen.   The network can be accessed through a cable or a WiFi dongle that can be plugged into the USB port. The network setup is easy and user-friendly and the remote has a dedicated button to access the internet. The Aesthetic s are the ultimate feature of the TV that combine the domestic specialties

The History of Investigative Journalism Essay Example | Topics and Well Written Essays - 1250 words

The History of Investigative Journalism - Essay Example Some of the important scandals and incidents that have been covered through this form of journalism in history include the Watergate scandal and the Helen Jewitt Trials. More regarding the same has been discussed in this paper. Keywords: investigative journalism, scandal, information. Investigative Journalism Analysing documents and facts require a different kind of expertise; not something that most reporters and journalists may be engaged in doing. Such finding of facts and closely examining them, in the past, gave way to a new branch of journalism altogether known as investigative journalism. Newspapers, services on the internet as well as freelance journalists carry out the practice of investigative journalism in the modern day and age. This is based on researching and making reports regarding incidents and happenings with a view to make the public understand important events better. Today, this form of journalism has become very important and many universities are even teaching the same as a course. This is because in the rapidly growing and developing world that we live in, corruption and illegal activities are widespread to a very vast extent. In the field of crime and politics, investigative journalism has been used the maximum in order to uncover the truth about what exactly happened and the exactitude of facts presented for cases that affect many people and society. According to De Burgh (2009), â€Å"â€Å"An investigative  journalist is a man or woman whose profession it is to discover the truth and to identify lapses from it in whatever media is available. The act of doing this generally is called  investigative journalism  and is distinct from apparently similar work done by police, lawyers, auditors and regulatory bodies in that it is not limited as to target, not legally founded and closely connected to publicity.† Thus, an investigative journalist might spend a number of months reading, researching and trying to understand and kno w more about the topic that he has been investigating and writing about. That is why, they are also referred to as watch dogs because they keep their eyes and ears open at all times in order to unearth absolutely any kind of information that they might need in order to write about the particular events that they have been searching for. An investigative journalist needs to have certain qualities of courage, fearlessness towards dangerous situations that he might be thrust into due to uncovering the truth about certain events, commitment towards his work, and the power to let people remain in anonymity if they wish to, after delivering certain kinds of information. Presently, investigative journalism can be seen through the famous Julian Assange’s Wikileaks, through which he aims to uncover the truth about governments and economies all around the world, curb corruption and other illegal happenings and provide to the public all the information that they need to know about whate ver is happening to the people in power and how they are sweeping secrets under the rug. (Lloyd, John) Various sources have been known to provide information to the renowned website which are then scanned for proof and typed out after research by other qualified investigative journalists, after which the information is presented to the public. In history, the first ever piece written with respect to investigative journalism was the criminal case about Helen Jewett’s Trial. As the murder of the young woman took place in a rather sinister

Effect of Employee Satisfaction of Driving Customer Satisfaction Essay Example for Free

Effect of Employee Satisfaction of Driving Customer Satisfaction Essay Its common sense when people feel great about the place where they work†¦ they provide better customer service Dick Clark, Group leader of Financial services at Monsanto Customer satisfaction is the main aim of every organization running a business everywhere. Various level managers consider the importance of customer satisfaction and try to pass this issue to the lower levels that have direct contact with the customers. Those front-line employees should be satisfied themselves in order to deliver customer value. (bulgarella, 2005). Some researchers and business pioneers went further to include employees as internal customers whom they seek to satisfy their needs in order to make sure that they will do the same with the external customers (Harrison, 2003) and this highlights the direction towards the study on the employee satisfaction and its factors. In Egypt, employee satisfaction should be one of the most highlighted topics in every business field and should gain wider interest day after day. The emphasis on these kinds of studies will help improve the service standards and, consequently, raises the satisfaction levels of employees and external customers of any organization. From this perspective, the researchers decided to investigate the sense of career development and its effect on employee satisfaction (Research1 or R1). The second part of the research will be devoted to measure the effect of employee satisfaction on delivering customer satisfaction (Research2 or R2). The main research questions are designed as: Q1: How can the sense of career development affect employee satisfaction? Q2: what is the effect of employee satisfaction on customer satisfaction? Hypotheses: H1: Sense of career development has an effect on employee satisfaction. * Components of career development on this research paper are: * Quality of Employees ‘Lives. * Social and economic contribution to society. H2: sense of employee satisfactions affects Customer satisfaction. R1: The relation between sense of career development and employee satisfaction. When the researchers decided to define employee satisfaction, they called back the definition of the word satisfaction from the dictionary and it was found as gratification of an appetite and pleasure (Wilson Learning, 2006). Satisfaction researchers can never ignore Maslows human satisfaction pyramid that starts with physiological needs, safety needs, social needs, self-esteem and self-actualization needs (Parvin, 2011) Scholars vary in their definitions to employee satisfaction; Reilly defines job satisfaction as the feeling that a worker has about his job or a general attitude towards work or a job and it is influenced by the perception of one’s job. (C.R.Reilly, 1991). Some employee-satisfaction theories depends mainly on the individual factor or the employee himself; employees objectives, age, social status, gender and education level have the major impact on determining the degree of his satisfaction and loyalty in his job (Ann, 1992) while others, such as Alan Witt, go in deeper analysis to study Fit or Lack of Fit or the Want-Have Dilemma between the employees requirements and the organizational offerings (Ann, 1992) Papers agree on a main drive for employee satisfaction in any organization; employers must work on enhancing the sense of career development for their employees. However, career development itself is a broad concept that needs to be clarified. Sears defined career development as the total group of physiological, sociological, educational, physical and economic factors that direct the individuals career (Patton McMahon, 2006). This definition classifies the components career development to: 1. Physiological component 2. Sociological component 3. Educational component 4. Physical component 5. Economic component When going to a deeper practical definition, Careers England, one of the most recognized organizations in career guidance industry that has a wide variety of partnerships with various associations (Careers England, 2012), defined career development as follows: Career development is the lifelong process of managing progression in learning and work. The quality of this process significantly determines the nature and quality of individuals’ lives: the kind of people they become, the sense of purpose they have, the income at their disposal. It also determines the social and economic contribution they make to the communities and societies of which they are part (Careers England, 2012) This definition analysis Career Development terminology to the following components * Quality of individuals lives * Social and economic contribution to society When linking both definitions together, the researchers can identify the main components of career development to two main categories 1. Quality of individual lives: a. Salary paid to employees b. working conditions c. physiological and safety needs d. the purpose they have 2. Contribution to society * Achievements and contribution to society economically and socially R2: the relation between employee satisfaction and customer satisfaction. To measure the degree of employee satisfactions effect on customer satisfaction, the meaning of customer satisfaction should be clear for the researches and the readers; A comprehensive definition of customer satisfaction in terms of pleasurable fulfillment is given by Oliver (1997): â€Å"satisfaction is the consumer’s fulfillment response. It is a judgment that a product or service feature, or the product or service itself, providing (or is providing) a pleasurable level of consumption-related fulfillment, including under or over fulfillment† (Siskos, 2010) According to an exhaustive review of Yi (1991), customer satisfaction may be defined into 2 basic ways: either as an outcome, or as a process: 1- The first approach defines satisfaction as a final situation or as an end-state resulting from the consumption experience. 2- The second approach emphasizes the perceptual, evaluative and psychological process that contributes to satisfaction. (Siskos, 2010) (R2) will try to measure the degree of dependence of both factors on each other through surveys with employees and customers. Bibliography Ann, M. (1992). A STUDY OF THE RELATIONSHIP. SOUTHWEST TEXAS STATE UNIVERSITY, Political Science. Texas: The Digital Library. attia, s. (2008). Healthcare quality and moder. emerald insight, 3. bulgarella, C. (2005). Employee Satisfaction Customer Satisfaction. Guide Star rerearch. C.R.Reilly. (1991). Organizational Behavior. Annual Review of Psychology, pp. 427- 458. Careers England. (2012). MAKING A POSITIVE IMPACT. Careers England. Careers England. Careers England. (2012). Why Career Development Matters. 1. Harrison, C. (2003, 11). Turning Customer Service Inside Out! Retrieved 10 1, 2012, from expressionsofexcellence.com: http://www.expressionsofexcellence.com/ARTICLES/InsideCS.html Parvin, M. (2011, December). FACTORS AFFECTING EMPLOYEE JOB SATISFACTION OF PHARMACEUTICAL SECTOR. Australian Journal of Business and Management Research, 1, 115. Patton, W., McMahon, M. (2006). Career Development and Systems Theory. QueensLand university, Faculty of Education. Rotterdam: Sense Publishers. Siskos, E. G. (2010). Customer Satisfaction Evaluation. Greece: Springer Science+Business Media. Wilson Learning. (2006). Redefining employee satisfaction: business performance, employee fullfilment and leadership practices. Edina: Wilson Learning Inc.

Electrical Resistance of Different Liquids | Experiment

Electrical Resistance of Different Liquids | Experiment After the invention of electricity by Michael faraday many scientists studied the ways of conducting electricity. It was in the middle of 18th century scientists thought about using liquid as a medium of conducting electricity. In 1808 Sir Humphrey Davy conducted electricity using potassium solutions in ammonia. The experiments were to show the electrical conductivity of liquids, but the reason for this was not explained in his experiments. In 1879 F.Kahlrausch proposed that ions are responsible for the conductivity of liquids. Ions are the building blocks of each molecule defined by its electron number. Ions which formed by the decomposition of minerals and other impurities carry current across the liquid and this is directly proportional to the ionic velocities. These findings were scientifically proven by M.M.Wrobleewisky and Olszweski in 1883 by liquefaction of nitrogen and other minerals from a solution under a pressure of 50 atmospheres showing the presence of ions in solute. The experiments conducted by WG Scaife in 1973 on the natural conductivity of liquids showed that at higher pressures of 2500 bars and above the electrical conductivity of polar solutions decreases rapidly. Even though there is a decrease at low pressures which are not practically measurable. Polar compounds like castor oil, sebacate etc. were used for these experiments and were discovered that the double layer formed at the tip of electrodes was the reason behind the reducing nature of electrical conductivity. While experiments on ionic solutions like Diethyl ether, carbon disulphide, benzene etc showed an increasing trend of electrical conductivity with pressure. This was due to the triple ions formed during the experiment. [1] In the experiments conducted by Alexander, Stoppa, Johannes Hunger, and Richard Buchner in 2009, it was found that the electrical conductivity of ionic solutions is higher than a mixture of ionic and polar mixture solutions. The experiment used potassium chloride (ionic) and non soluble oil base (polar) and the experiments were conducted under constant temperature and pressure conditions. The experiment showed a decrease in resistivity of nearly 1 ohm with an addition 5 wt % ionic compound. This experiment proved that the electrical conductivity depends on the charge density (number of ions) and the resistance to the movement of ions known as viscosity of a liquid [Stokes-Einstein, 1906]. The experiment compared the conductivities by increasing the percentage of ionic molecules in the solution. [2] Experiments were conducted by Aresatz Usobiaga, Alberto De Diego, and Juan Manuel Madariaga 1n 1999 to relate temperature with the electrical conductivity in solutions. HCL Solution (ionic solution) was used for the experiments. Under different temperatures close to the room temperature (292-315K) the solution exhibited an inverse proportionality relation to the conductivity. This correlated to the findings of A I Zhakin in 1995 were KCL which is less ionic compared to HCL was used. The experiment with HCL pointed out that at near to room temperatures resistivity was increased by 5-10% with every increase of 5K. The reason for this behaviour was the increase of viscous properties of the solution and viscosity decreases electrical conductivity. [3] In 2006 J. Vilaa, P. Ginà ©sa, E. Riloa, O. Cabezaa and L.M. Varelab conducted experiments on the electrical conductivities of solutions of aluminium chloride, aluminium bromide, aluminium sulphate and aluminium chromide. These compounds are ionic in nature. The experiments were carried out under constant temperature and pressure conditions. Experiments conducted by increasing the density of solutions showed an increasing trend of electrical conductivity by 10 % on each increase of density. Density was increased by adding 5 wt % aluminium salt into the solution. These increasing trends went until the solution is 50% saturated. The reason for the rise in conductivity was explained to be the increase in ion concentration. The more the ionic compounds present the more the conductivity would be. The results also showed that aluminium chloride which is more ionic than other samples will conduct more electricity at any concentration. But for polar compounds the increase in density resulte d in a decrease of conductivity. [4] J. Vilaa, P. Ginà ©sa, J.M. Picoa, C. Franjoa, E. Jimà ©neza, L.M. Varelab and O. Cabeza in 2005 conducted experiments on aluminium chloride and aluminium bromide for the binary relation on electrical conductivity with varying temperature and density. The experiment used 30% and 60 % concentrated solutions over a temperature range of 250-430K. The electrical conductivity increases with temperature, up to 400 times for aluminium chloride and 52 times in aluminium bromide solutions. But the conductivity decreases inconsistently with the increase in concentration. The probable reason for this controversial result could be the change in the properties of compounds with temperature. This showed that temperature had a greater influence on conductivity than density. [5] METHODS AND MATERIALS Overview of the experiment In order to contrast the electrical resistance of different liquids to expose their ionic or covalent characteristics, the following measures were carried out. Description of the procedural steps Firstly the electrical resistance measurement was set up. Then hundred and fifty milliliters of desired liquid was measured and poured in to a clean beaker. After the power supply was switched on, using the multimeter, circuits current was measured. Then at five minutes interval reading was traced again for three times. After this the average of three recordings was determined. Once the current was computed resistance of liquid was found out using Ohms law. Next the steps were repeated for all selected liquids. Subsequently all the selected liquids were cooled to 18 °C. Finally the above steps were followed for the refrigerated liquids. Materials Overview of mechanism The materials used for the experiment are listed below. Digital Multimeter DC Power supply, 250 ml glass beaker Sample solution of 150 ml Orange juice, 0.01% salt solution, 1% salt solution, 2% milk, and mineral water. Table salt Description of principal parts Digital multimeter Multimeter is an electronic tool which can be used for the measurement of voltage, current and resistance. There are two types of multimeters available. Multimeter which comes with digital display is commonly known as DMM (Digital Multimeter).Main parts of a digital multimeter are measuring probes, adjusting knob and digital display. Firstly the probes are used to get connection between points where we need to measure electrical property. One multimeter got two probes for achieving the connection between two selected points. Secondly the adjusting knob is used to select which property need to measure. It is also used to select the range of values of the results. The digital display helps the user to get accurate readings. It also provides information about different settings used for measurement. The multimeter can be switched on by turning the adjusting knob to desired property to measure. The display will provide us the relevant information. To test the DMM, turn the knob to resistance measuring mode and then touch each end of a copper wire to probe tips. Then the display will show resistance which should be almost zero. Results and Discussion The resistances of different liquid solutions prepared for the research were calculated using the Ohms law equation at room temperature. Observations show the average resistance of different liquid ranged from 26.1 kilo à ¢Ã¢â‚¬Å¾Ã‚ ¦ to 1728 kilo à ¢Ã¢â‚¬Å¾Ã‚ ¦. Among the liquids, orange juice was best conductor (26.1 kilo à ¢Ã¢â‚¬Å¾Ã‚ ¦) and distilled water (1728 kilo à ¢Ã¢â‚¬Å¾Ã‚ ¦) was the worst. The two salt solutions showed almost the same resistances even though higher concentrated gave us a slightly lower resistance. Orange juice The figure 8 chart shows that orange juice is the best conductor of electricity. The resistance for orange juice was found out to be the least during the experiment. We had an assumption that acids are the best conductors because they are ionic in nature. Acids separate into ions when mixed with water and ions are charge carriers. The electrical resistance computed was 26.1 kilo à ¢Ã¢â‚¬Å¾Ã‚ ¦ at room temperature. We had also made another assumption that when refrigerated; the conductivity will increase as the ions move slower related to normal room temperature liquid. After refrigeration, the resistance increased slightly to a value of 26.4 kilo à ¢Ã¢â‚¬Å¾Ã‚ ¦. Even though there was only a small decrease in the resistance value from that of the room temperature, our assumption regarding the refrigerated liquids came true. As studies and experiment done by Aresatz Usobiaga, Alberto De Diego, and Juan Manuel Madariaga in 1999 to relate temperature with the electrical conductivity in solutions [3] supports our results in this section. Salt solution The second best conductor is the salt solution. For the salt solution, the experiments were carried out with a concentration of 0.01% and 0.1% salt. The salt crystals in solid state wont conduct electricity because anions (chloride ions) and cations (sodium ions) are held together. But in a salt solution they are free to move around and thus conduct electricity. The main reason behind conducting this research experiment on different concentration of salt is to study whether it is the density or temperature of the solution that affects the electrical conductivity more. We hypothesized that the density of solution would decrease the electrical conductivity. The 0.01% and 0.1% concentrated salt solution exhibited almost the same resistance value of 35.6 kilo à ¢Ã¢â‚¬Å¾Ã‚ ¦. But the higher concentrated solution gave slightly less resistance value of 35.3 kilo à ¢Ã¢â‚¬Å¾Ã‚ ¦ as compared to the other solution. The resistance value of refrigerated salt solution of 0.01% and 0.1% are 115.2 kilo à ¢Ã¢â‚¬Å¾Ã‚ ¦ and 114.1 kilo à ¢Ã¢â‚¬Å¾Ã‚ ¦ respectively. As per the assumptions the higher concentrated solution gave slightly less resistance and the refrigerated solution showed great resistance as compared to the room temperature values. This showed that temperature had a greater influence on conductivity than density. [5] Milk The third liquid tested was 2% milk solution. Milk also conducts electricity but only in a small amount as compared to orange juice and the salt solutions. Electrical resistance of the milk solution was worked out to be 210.3 kilo à ¢Ã¢â‚¬Å¾Ã‚ ¦ during the experiment at room temperature. Viscosity and density are the other factors that contribute to the poor conductivity of electricity as compared to the above mentioned liquids. The refrigerated resistance value of the milk solution calculated is 211.1 kilo à ¢Ã¢â‚¬Å¾Ã‚ ¦. While cooling, the viscosity increases due to the higher voluminosity of fatty acids, proteins, etc. [Website reference: http://www.dairy-science.org/cgi/reprint/80/4/628.pdf]. Thus we came to the conclusion that milk conducts electricity due to their typical covalent bond structure and the presence of fatty acids. Distilled Water Figure 8 shows that distilled water is a worst conductor of electricity. During the research experiment, distilled water showed a resistance value of 1728 kilo à ¢Ã¢â‚¬Å¾Ã‚ ¦. The reason why liquid conducts electricity is due to the free movement of cations and anions in between the electrodes. For example, in our salt solution test electricity was conducted as the salt readily ionizes to sodium cations and chloride anions which can move freely around in the solution thereby transporting electric charges. In the distillation process water is boiled to steam and the steam is again condensed to water. Nearly all the salts present in the water is thus left out during the distillation process. Thus distilled water is pure H2O. Although pure H2O (distilled water) can dissociate into H+ and OH- ions like salt, it ionizes very rarely therefore exhibiting the property of an insulator. [Citation may or may not be given for the above statements made] Thus from the research experiment carried out we concluded that among the liquid solutions chosen, orange juice is the best electrical conductor and distilled water is the worst. From this we understood that orange juice has more ions present than distilled water (pure H2O). Therefore our assumption regarding acidic solution has high electrical conductivity is correct. Adding to the above results, the density and temperature also affects the electrical conductivity. The more salt added to the solution i.e. more ions added, the lesser the electrical resistance. The assumption regarding temperature as a factor affecting electrical conductivity was correct in some measure as some liquid solutions show higher resistance whereas some show almost the same resistance value with the room temperature values. Discount Retailers: Porters Five Analysis Discount Retailers: Porters Five Analysis In a context of post World War II, there was an economic boom in the USA, driven by the baby boom. The families needs increased, and discount retailing stores started to appear. Their main aim was to operate within low prices, to be able to offer everyday products at a very affordable price. In order to analyse the attractiveness of the discount retailing industry in the USA in the 1950s, we can use Porters Five Forces. Porter (1980:3) stated that competition in an industry depends on five basic competitive forces. As seen below in figure 1. Force 1: The Degree of Rivalry According to Ghemawat (2008), the degree of rivalry is the most obvious of the five forces in an industry [â‚ ¬Ã‚ ¦]. It influences the extents to which the value created by an industry will be dissipated through direct competition. With the economic boom, many discount retailers have emerged, especially in big cities (with a minimum population of 100  000). For the already existing supermarkets industry, their customers were used to having a lot of competitors to choose from. That is why the newly emerging discount stores attracted a lot of new entrants. That industry was characterized by an intense competition. The growth of the industry was significant and this factor of high profitability attracted many entrepreneurs willing to open new stores. As a result, in the US cities in the 50s and 60s, the concentration for the discount retail industry was low and the rivalry was intense (factor of industry unattractiveness). The theory says that the rivalry between competitors decreases when the buyers switching costs are high. But in the case of the discount retail industry, the switching costs are almost nonexistent: urban customers have a lot of competitors to choose from and the recent use of the car and the quite low price of the petrol in the 50s allow them to easily change and shop in another store. Also, unlike the supermarkets, discounters sold more or less the same kind of products. The available retailers focused on non-food products, and a competition for price began among the stores, offering a wide variety of household products such as toiletries, appliances, groceries and household goods. Thus, there is a significant rivalry here, characterized by high fixed cost and a lack of product differentiation. However in the 50s, in small towns and rural areas, the competition was not as fierce, as not many discount retailers were willing to open a shop in the countryside. This made that business landscape less competitive. Sam Walton saw an opportunity there, and decided to locate his first Wal-Mart stores there: Our strategy was to put good-sized stores into little one-horse towns that everyone else was ignoring. Force 2: The Threat of Entry Average industry profitability is influenced by both potential and existing competition (Ghemawat, 2008). The Five Forces framework gives 3 basic types of entry barriers: economies of scale, brand identity and capital requirement: Economies of scale: large economies of scale allow providing cheap products to their customers. It is an essential part for a discount retailer, and without it, could represent a real barrier to entrance. Brand identity: the products were standard in nature, and there were little or no differences between discount stores. That means that in the 50s, it was not really a barrier for new entrants. Capital requirements: the threat of entrants is also possible because of the high capital required. Entrepreneurs need high capital (building, equipment) and financial resources to start up a new discount store and this represents a barrier to entry the industry. Moreover, the barrier is much higher when the plan is to set up a stores chain. There are also some other barriers to take into account: Access to distribution: the discount retailer has to find new reliable suppliers, to have a competitive distribution channel. Advertising: it can also be seen as an entry barrier. In order to be known and to attract customers, new entrants need to spend a lot more money on advertisements. In the 50s, the US discount industry was characterized by high price and advertising competitiveness, with little buyer loyalty. To summarize, there were many obstacles for new entrants in the discount retail industry. Force 3: The Threat of Substitutes The threat that substitutes pose to an industrys profitability depends on the relative price-to-performance ratios of the different types of products or services to which customers can turn to satisfy the same basic need (Ghemawat, 2008). Due to the lack of product differentiation and the absence of switching costs, the goods sold in the discount stores can be found in other types of stores. There is a high buyer propensity to substitute. The discount retailer just like any other has to develop strategies to sell at a low costs but this is not the solution. It constantly has to ensure that its products are exactly what the consumer needs. This means that high quality products at an affordable price should also be part of Walt Mat strategy of being competitive, as well as product differentiation. Supermarkets represented a big threat of substitution for the discount stores selling groceries because they were cheaper than the conventional stores chains and they dominated the retail industry in the 50s (Markin, 1968). Force 4: Buyer Power The buyer information availability was almost non-existent. Indeed, nothing in the way of information technology was accessible at that time, either for EPOS (Electronic Point of Sale) use or for more sophisticated applications. The bargaining power of buyers is weak when reduced to a single individual, but the demand as a whole is extremely powerful. However, the fact that there were many discount retail industries made each of them weaker against the buyers bargaining power. That power was high in the USA in the 50s: customers could easily walk away and go to another shop (low switching costs). In the post World War II years, US consumers became educated in the merits of self-service, low price shopping via the spread of supermarkets. The customers price sensitivity was then high, because of the high product standardization, they could find their products in every discount retail. The buyer loyalty was low. Force 5: Supplier Power In the US discount retail industry in the 50s, the suppliers power was much stronger than today, because of the RPM (Resale Price Maintenance). The RPM was legal at this time and gave the right for the suppliers to set the final price of their products (price sometimes printed on the product). It was virtually impossible for retailers to pass on the benefits of more efficient operations to customers via lower prices. Thus, in the 50s the strong suppliers power was a criterion of unattractive industry. After the analyze of the US discount retailing industry in the 50 through Porters Five Forces, it can be inferred that this industry was not attractive, due to the high new entrants barriers, the level of competition in the cities, the threat of substitutes, and the high buyer and supplier powers. However, it is possible to slightly alter this statement: although the competition was tough in big cities, it was easier to set up a shop in the rural areas, where the degree of rivalry was lower. As a consequence, the different threats and barriers that looked like an insurmountable challenge in the cities were no longer impossible to overcome in the countryside. QUESTION 2 Every business has to adopt a business strategy, seen by many authors as the Paradox of Markets and Resources. The strategic management process means defining the organizations strategy. Managers have to make choices and set up strategies for the company that will enable it to achieve better performance. It is also sometimes referred to as a Business Model. Porters theory The Outside-In Perspectives key features are the positioning activities and the Value Chain, which will define a strategy through different business choices. This model is supported by the key protagonist Michael Porter (1996). Porters Generic Strategies  Model According to the chart above, we can identify Wal-Marts positioning strategy. Wal-Marts main strategy is characterized by its low cost policy, accessible to anyone. It can then be put in the cost leadership strategy strategy. However, with particular attentions for its customers (more than its direct competitors), Wal-Mart also plays a differentiation strategy, and delivers an excellent customer service. With the analysis of Wal-Marts value chain given above, a description of its key value drivers can be done. Every companys activities mapped in the value chain can be a possible source of competitive advantage but its the way they are cheaply performed and combined that will create competitive advantage and value for customer. In 1985, Porter suggested the value chain, which regroups functions into support and primary activities. The value chain is divided into 5 primary activities and 4 support activities. These activities can be linked and connected to the value chain to determine some factors of a competitive position and show how these activities add value to the consumer. Wal-Mart: the Value Chain According to the Wal-Mart value chain, two main support activities show that Wal-Mart uses a differentiation strategy through its human resource management and its technology development. The use of the technology is coupled with the inbounds logistics activity and the operations. Indeed, Wal-art was a pioneer in applying information and communications technology to support decision making and promote efficiency and customer responsiveness. (Zarbo, 1998) In the early 1980s, Wal-Mart invested over half a billion dollars to boost its computer and satellite network systems. They added barcode systems, scanners and other near-real-time technology to link cash registers in every store into one unified link. From the instant a sales transaction takes place, data simultaneously flows back and forth from stores world-wide to Wal-Marts distribution centres, its headquarters in Bentonville, and to Wal-Marts suppliers in a continuous, informative loop. In addition to offering Wal-Mart an environment that monitors and shares its current inventory trends with external vendors, this technology, through a sophisticated network which bridges individual stores, identifies the most efficient way to manage the distribution of its products internally. Moreover, a good example of Sam Waltons early understanding of the importance of technology is its current development and use of an automated distribution system known as the Retail Link. This system shares sales information with Wal-Mart suppliers to ensure that customers always find the shelves well stocked at their local Wal-Mart store. Retail Link allows Wal-Mart suppliers to dial-up and retrieve the history of important sales data from the last 56-weeks worth of sales. Over 4,000 of Wal-Marts suppliers access this service averaging approximately 10,000 queries a day (Zarbo, 1998). The large database of purchasing information enables Wal-Mart to set the right item at the correct price and in the right store. Concerning the human resources management at Wal-Mart, it is considered as very efficient. Sam Walton calls his employees his associates. They are an important part of the Wal-Mart family. The relationships between Wal-Mart and his associates are based on respect, high expectations, autonomy, close communication and clear profit incentives. Through its superior management and communication, Wal-Mart created an advantage. The Marketing and Sales activity is also a crucial point for the company. Wal-Mart has been founded on Sam Waltons belief that: There is only one boss: the customer. Indeed, the basic principle of Wal-Mart was to cut prices, and was thus well below its competitors, enhanced by its slogan Everyday Low Prices. This confirms the companys low cost strategy. In summary, the key value drivers of Wal-Mart match each other to lower the costs. Every activity is involved in cost reduction and that is why we can say that Wal-Marts value chain is very coherent with its cost leader positioning strategy and customer focused value for money approach. Barneys theory Firms obtain sustained competitive advantage by implementing strategies that exploit their internal strengths, through responding to environmental opportunities, while neutralizing external threats and avoiding internal weaknesses. Barney, 1991 The Resource-Based View (RBV) focus on strategic resources as the determinants of a competitive advantage. Those strategic resources are valuable because they allow to achieve superior performance (e.g. accumulated knowledge, or resources impossible to replicate). Grant, the key protagonist of the RBV theory focuses on resources, organisational features and capabilities. In the model, resources must be rare, valuable, inimitable and unsubstituable. Although, intangible resources can create the most competitive advantage, as they are harder to copy by competitors. The chart above reviews Wal-Marts tangible and intangible resources. The firm possess many intangible resources, which made its model hard to copy for competitors. So according to the RBV, Wal-Mart has some real competitive advantages here. QUESTION 3 Tetra-threat framework The Tetra Threat Model was first proposed by Ghemawat (2008). This model helps to determine the level of each threat category, in order to try to reduce their impact. This model can be used to identify what are the threats against Wal-Mart competitive advantage, and how it can sustain itself among the other discount retailers. Threat of Imitation Wal-Mart set up large barriers to overcome it: Scale economies: efficient hub-and-spoke distribution system; high volume purchases, strong dealing power with suppliers; national and regional economies of scale. Learning/private information: a significant effort has been made in understanding the operation of the discount retail industry. Wal-Mart has the right know-how to improve its logistics, reduce storage space, and incentive its people to work efficiently. Switching cost/relationship: due to its pricing policy and experience, Wal-Mart is able to offer inexpensive products to its customer (low switching costs). They also possess strong relationships and sustainable contracts with their suppliers (bargain power due to Wal-Marts size and partnership through data sharing and communication networks). Threat of retaliation: Wal-Mart has a strong reputation of fierceness. The local managers ability to adapt their prices to the local competition is a strong advantage to always have the lowest prices on the market. Time lags, upgrading and strategic complexity: the Wal-Mart business has been built upon the years, and accumulated years of knowledge and experience. Thus, they now own a very complex logistics and technologic system, and upgrade it constantly. To summarize, the imitation threat is not a real danger to Wal-Mart. It has raised many insurmountable barriers for its competitors to overcome. They do not have the sufficient knowledge to do it, or it will take them so much time, that by the time they catch up with their goal, Wal-Mart will already be way ahead of them in terms of innovation and technology. Wal-Mart has here a real sustainable advantage. Threat of substitution Substitution reduces the demand for what a firm uniquely provides by shifting the demand elsewhere. It is the most difficult threat to predict. However, Wal-Mart has developed many strategies to overcome that threat. The chain best answer to the substitution threat has been to own numerous substitutes on the discount retailing industry, such as warehouse clubs, supercenters and neighbourhood markets. Its mobility across format is a successful alternative against substitution threat. However, Wal-Mart has demonstrated being very good at scanning the landscape broadly and understanding underlying customer needs. It has continually been studying the competition in order to be responsive in fighting the upcoming threat. Finally, thanks to its low cost competitive advantage, Wal-Marts cheap prices restrain many competitors to enter a fight with the discount retailer giant. Threat of Holdup Holdup refers to customers, suppliers, complementary organizations, or other industry participants capturing value created by the focal company through the exercise of bargaining power. Concerning this threat related to Wal-Mart, two aspects can be distinguished: suppliers and employees. First, Wal-Mart has a total control over its suppliers, even the largest ones (e.g. Procter Gamble), in order to restrain their hold it up value. However, the holdup can be found the other way around: Wal-Mart ask its suppliers to closely integrate into their system and requirements. The requirements that Wal-Mart imposes on its suppliers extends well beyond low prices. Increasingly, the chain has involved itself in its suppliers employment policy (workplace safety, working hoursâ‚ ¬Ã‚ ¦), making Wal-Mart possibly pose a threat of holdup to them. Nonetheless, labor holdup can be considered as a real issue. With a weak percentage of union penetration, employees abuse (low wages, unpaid overtime, discrimination) are widespread. As a result, it depicts a negative image of the company, as well as employee demotivation and turnover. Wal-Mart should take into consideration this aspect to avoid a labor holdup. Threat of Slack Slack tend to dissipate value within the firm, and is not easy to identify. It regroups all form of inefficiency. However, this is not a big threat to Wal-Mart. In fact, there is a high organizational effectiveness within the human resource management. The relationships with the associates is based on respect, high expectations, close communication and clear incentives. Everything is done to motivate the staff and increase their loyalty to the firm. Finally, according to Casadesus-Masanell and Ricart (2007), protection against slack comes from the right mix of incentives and monitoring. As it is drawn in this analyse, Wal-Mart has develop strong responses to threats from imitation, substitution, holdup and slack, setting mechanism which allowed Wal-Mart to sustain its competitive advantage. QUESTION 4 The Dunnings Eclectic Paradigm (1981) of Foreign Direct Investment (also known as the OLI-Model) sets up 3 conditions that a company has to meet in order to engage in foreign operations: Ownership advantages, Location/Country-specific advantages and Internalization advantages. This theory will be used to contrast Wal-Marts entry into the German market in 1997 and into the UK market in 1999, in the following table. Wal-Marts entry into German market UK market Acquisitions (1997 and 1998): 21 stores Wertkauf ($1.04 billion) 74 hypermarkets Interspar (‚ ¬560 million) Both were renamed Wal-Mart stores. Acquisitions (1999): 219 outlets Asda ( £6.7 billion) Kept its name. Ownership Advantages Wal-Mart owns several intangible assets, which will allow it to overcome the costs of expanding abroad. These intangible core competencies are: Dominant clothing/textile and food retailer on the US market Every week, around 100 million shoppers frequent its stores Its 2003 turnover is 3 times bigger than Carrefours, the worlds no. 2 retailer (Knorr and Arndt, 2003) Internationalization experience: more than 1100 outfits abroad, which leads to considerable experience and management learning from a portfolio of stores in diverse markets Wal-Marts Retail Link-system (backbone of its sophisticated inventory management and logistics infrastructure) Operating the worlds biggest private satellite communications system (to track sales, to replenish inventories, to process payments in real-time) Wal-Marts retail proposition of everyday low prices, good customer service, wide assortment and community values High customer service levels, strong organizational culture, efficient logistics operations Location Advantages Location advantages are the factors in a foreign country that lead the company to make profits on its FSAs. Germany accounts for around 15% of Europes $2 trillion-a-year retail market German GNP: ‚ ¬2 trillion 80 million customers: biggest national retail market in Europe Germany is meant to be its bridgehead into Europe After its acquisition, Wal-Mart became the countrys fourth biggest operator of hypermarkets (Knorr and Arndt, 200) Politically stable country Economically powerful with big family incomes Very similar culture and social laws between UK and the US Internalization Advantages A firm possessing an advantage can either use the advantage itself (internalize it) or lease the advantage to other firms. The FDI decision depends on which option presents the best net return. Internalization also allows avoiding transactional costs. Internalization is the option chosen by Wal-Mart in many countries: Closer control by the Wal-Mart management (full control strategy) Economies of scale Sharing of the organizations knowledge and management capabilities to the new business According to the OLI-Model, implementing Wal-Mart stores in those two countries could really help the US firm to set a foot in Europe. Wal-Marts goal is to be the number one in every market in which it operates. Its international retail model equates to the aggressively industrial model. However, despite a bright success in the UK, the German venture has been unprofitable, and led it to exit the country in July 2006. What are the reasons for Wal-Marts failure and success? The reasons for Wal-Marts: Failure in Germany Success in the UK Acquisition of the wrong German companies Acquisition of the adequate UK company First, the German acquisitions have been very costly for Wal-Mart. The German market in renowned for its minimal profit margins and price-led strong domestic competition. Wal-Mart entered Germany at a time when the grocery market was saturated. At the time, Aldi was its major competitor, already holding a strong share of the discount retail segment. Wal-Mart now possessed 2 small disparate retail chains with different organizational structures and a heterogeneous portfolio of stores (the Wertkauf was a highly centralized family store) (Fernie et al., 2006). As a consequence, Wal-Mart did not have enough impact on the German market. For example, nearly 80% of the population did not have access to a Wal-Mart store (bad geographic penetration). Moreover, the patchy geographical coverage of Wal-Marts meant that its nationwide competitors have been able to adopt a zone pricing policy to compete on price in specific local markets. The weakness of the German economy in those years, coupled with the increased prominence of discounters, has reinforced this trend and discounters now account for 30% of the German grocery market and have been growing at 5% per year in a static market. Wal-Marts market share of 1.5% is dwarfed by its major competition (Fernie et al., 2006). There is a strong price competition where price leadership is already occupied by discounters. Asda was already a major discount retailer player before the entry of Wal-Mart. In fact, it was the third major grocer in UK in 1999. Wal-Mart acquired a well-established retail chain and Asdas management had already applied Wal-Mart practices to its corporate culture (Fernie et al., 2006). Asdas marketing, operations and organisational culture mirrored that of the US giant (Burt and Sparks, 2000) and was regarded as good strategic fit. Wal-Mart strategy for UK was to build on these similarities. There has been a high degree of stability throughout the chain during the merger, especially at store level, which facilitated the transition. Wal-Marts takeover also increased Asdas supply chain efficiency and improved its stock availability. Government regulations The German market had a strict legal and institutional framework, often ignored by Wal-Mart. German labor regulations are very different from these in the U.S. : obstacle to embrace the Wal-Mart culture. For example: The zoning regulations impose severe restrictions on the construction of large-scale store Restrictive shopping hours regulations: legal maximum of 80 hours/week store opening hours. Sunday and holidays openings are not permitted Fair trading and antitrust laws contain some important restrictions for retailers pricing policies: it forbids merchants to sell goods below cost on a permanent basis (Knorr and Arndt, 2003) In the UK, the Government was concerned about high food prices and that British consumers were being ripped off by retailers. That is why they were in favour of the creation of a more price competitive environment (Fernie et al., 2006). Moreover, the legal and institutional UK surroundings were not as complex and heavy as in Germany. For example, the legal maximum of a store opening hours was 168 hours/week, and was also allowed to open on Sunday and holidays (Knorr and Arndt, 2003). In the UK, Wal-Mart was able to recreate its 24/7 opening format. Inability to understand the German consumer and business culture The closeness of the UK and the US culture Wal-Mart culturally failed in delivering its Everyday low prices or excellent customer service. Indeed, the expectations are very different from a country to another. The German acquisitions were very different in their organizational structure from the Wal-Mart US model. That is why, when Wal-Mart try to impose its new culture (Anglo-Saxon management level), it led to resistance. Operational errors has been made when remodelling stores to look like US stores, which was not customer wanted (Fernie et al., 2006). Thus, Wal-Marts strategy was contradictory and disoriented to German customers. They didnt see Wal-Mart as a low-price store, due to confusing advertisements. Moreover, German notion of customer service is different from that in the U.S. (e.g. German consumers prefer to pack their own bags and pay by cash), because they hold price and value in much higher esteem than service and quality (Knorr and Arndt, 2003). The British culture was very similar to the American one, and that is why the takeover ran more smoothly in the UK. Also, Asda was already working on a Wal-Marts model, so the consumers did not feel any major difference after the Wal-Mart acquisition. For the British customers, price was a key attribute along with convenience; price is the most important factor in the retail offer. And finally, the UK workforce responded positively to the Wal-Mart way, and the integration was very successful, with good employee relationships (Fernie et al., 2006). Conclusion: When Wal-Mart entered the UK, the economic situation was favourable for a low pricing strategy. Wal-Marts entry created a high competitive environment on prices, and the customers responded well to this new form of discount retail. However, Wal-Mart has failed on every point in Germany. It resulted mostly from a cross cultural inconsideration. Wal-Mart has not been able to adapt its business model to a different culture and ignored the basic key principles of internationalization strategies and intercultural management. The firm should have tried to understand the German surroundings, the market rules and the consumer habits. Thus, they could have shape their business model, the human resources practices and a proper marketing message to fit that local market. Wal-Marts failure in Germany highlighted its inability to select and implement an adequate entry and business strategy. That is why its inability to understand the German retail market and business culture and the consumer needs led it to a bitter failure.