Case Brief Free Essays

Membreno, the plaintiff in this case hailed from Honduras. He entered into a work contract with the company Costa Crociere SPA or Costa, the defendant. He worked as an oiler on the ship on a contract with Cruise Ships Catering Service International, N. We will write a custom essay sample on Case Brief or any similar topic only for you Order Now V., (CSCS), a Netherlands Antilles company. The on – land office of the company was in Curacao, Netherlands Antilles. Costa is an Italian corporation whose headquarters are in Genoa, Italy. It is a wholly owned subsidiary of Carnival Corporation, Panama, whose business is in Miami, Florida. It had no offices and staff in the United States. The plaintiff Membreno was on a brief work contract with CSCS to work on the ship Costa Atlantica. During the cruise, Membreno received a severe injury to his wrist while performing his duties. At that time the ship was on high seas in international waters and was sailing under the Italian flag. The Plaintiff reported to the on duty supervisor and ship’s doctor with regard to his injury. However, no medical treatment was offered to the plaintiff. Upon the completion of his contract, Membreno disembarked from the ship and went to Honduras where a surgeon diagnosed his wrist with Kinnock’s disease and recommended surgical treatment. Membreno sought and obtained a second opinion from a Miami orthopedic surgeon who performed surgery on the plaintiff’s wrist. In addition, the plaintiff also underwent physical therapy. Procedural History: Subsequently Membreno filed a petition in the district court on the basis of the Jones Act and general maritime law and claimed compensation for his injury. The defendants Costa and CSCS resorted to the doctrine of forum non conveniens to have the petition dismissed. The district court   taking into consideration   this doctrine dismissed the case. After this Membreno filed an appeal petition in the Eleventh Circuit Court. Issues legal question: The issues to be addressed in this case were : first, whether a suit can be filed in the   US courts   in respect of a cause of action that had arisen in a place that was external to its territorial waters , secondly, whether the Jones Act and the General Maritime Laws could be applied in this particular case. Thirdly, whether a claim could be dismissed on the grounds of forum non conveniens. Broad holding: The Jones Act and the General Maritime Laws will be applicable if the cause of action arises within the Territorial waters of the US. A claim cannot be made at a place where a subsidiary company is situated. Narrow holding: The court rejected the contention of the plaintiff stating that the injury had been inflicted on the High Seas. The company in Florida was a subsidiary to the main company. Doctrinal Reasoning: In Szumlicz v. Norwegian Am. Line, Inc. it was held that   the a claim should be dismissed on the grounds of   forum non conveniens in cases where  Ã‚   the United States law was   not applicable (Szumlicz v Norwegian Am.Line, Inc, 1983).The Supreme Court framed eight conditions in Lauritzen v. Larsen, which should be taken into consideration . They are: the place of the unlawful act, the national flag of the vessel, the residence of the injured party, the ship owner’s residential location, the place of the contract, the accessibility of a foreign court, the law of the court, and finally, the place of business of the ship owner. Six conditions out of these were not fulfilled, hence the defendant plead that US law was not applicable to the plaintiff. The important contention as to whether the defendant had been conducting his main business from the United States was proved in the negative (Lauritzen v. Larsen, 1953 ). Policy Reasoning: The Eleventh Circuit Court upheld the decision of the district court. Miscellaneous: There were no dissenting opinions as the judgement was unanimous. References Lauritzen v. Larsen, 345 U.S. 571 (1953 ). Szumlicz v Norwegian Am.Line, Inc, 698F.2d 1192 (11th Circuit Court 1983).                         How to cite Case Brief, Essay examples

Understanding Of World Literature Samples †MyAssignmenthelp.com

Question: Discuss about the Understanding Of World Literature. Answer: World literature in its most simple sense is the sum total of all kinds of literature that prevails in the world in various cultures and countries. The exchange of literary knowledge between the countries and the appreciation of the same is the essence of world literature. However to define the world literature in a particular way of expression is almost impossible as the characteristic features are extremely varied and the extent of the literary works are limitless. Important is Goethes remark National literature is now a rather unmeaning term; the epoch of world literature is at hand, and everyone must strive to hasten its approach in understanding the purview of the literature in an international arena and how globalization in literature is paving way for further exchange of literary culture. Marx on the other hand in 1847 stated National one-sidedness and narrow-mindedness become more and more impossible, and from the numerous national and local literatures there arises a world literature which may in a way be termed as the Marxists definition of world literature (Prawer, 2014). Fritz Stritch has endeavored in explaining world literature as traffic in ideas between peoples, a literary market to which the nations bring their intellectual treasures for exchange. All these potential descriptions have however not served the purpose of producing an all pervasive and comprehensive definition of world literature. Tartuffe is a play composed by Moliere in 1664. This can be successfully termed as a world literature because the term Tartuffe itself started to be used in the meaning hypocrite in English language (Molire, 2015). Antigone on the other hand was composed long ago in around 440 BC. This work cannot be truly be described as world literature as it mainly centers around the legends and myths of Thebes. However various themes included in the literature goes with todays various issues like civil disobedience, legal institutions, and family bonds. The Stranger by Albert Camus on the other hand perfectly represents the features of world literature, because the title character Meursault is described as "a citizen of France domiciled inNorth Africa, a man of theMediterranean, anhomme du midiyet one who hardly partakes of the traditional Mediterranean culture (Camus, 1993), what can be a better example of world literature which makes the reader go through so many cultures and ideas through one character. Leo Tolstoy completed the work Hadji Murat in his last days. This work eloquently depicts a classic east vs. west theme while depicting the struggle between Russia which was dominantly Christian and Chechnya which was dominantly Muslim. This work sincerely reflects the essence of the term world literature. The main difference between world literature and global literature lies in the fact that global literature is composed keeping in mind the world audience hence the themes are those to which the world readers can connect, on the other hand world literature was not composed keeping in mind the global nature of the readers, but the quality of the work and its themes made the world appreciate it. In conclusion it can be said that though there was and there are endeavors in defining the term world literature but it has not been possible yet. The extent of literature is so vast throughout the world that such possibilities are probably not to be materialized any time soon. Reference: Camus, A. (1993). The Stranger. 1942.Trans. Matthew Ward. New York: Knopf. Molire, J. B. P. (2015).Tartuffe. Oberon Books. Prawer, S. S. (2014).Karl Marx and world literature. Verso Books.

Theory Of Consumer Choice Essays - Consumer Theory, Marginal Utility

Theory of Consumer Choice I think that it is right to begin with the Theory of consumer choice. The above consumer has expressed his preference of choice. He has a taste for seafood which he prefers above all other types of food. This does not mean that he only eats seafood, but in line with the last two elements of the theory of consumer choice, he has shown his preference for taste and on that assumption, will do the best that he can for himself to consume as much seafood as he can. The elements of the theory which govern exactly how much seafood he will consume are the first two, namely the consumer's income and the price of seafood. We can assume therefore, that the consumer will devote as much of his budgeted income for food, to as much seafood as he can afford in preference to other foods such as hamburgers. A budget line can be drawn up to show a trade off between say, fish suppers and hamburgers to indicate the combinations of fish suppers and hamburgers the consumer can afford given his income and the prices of each meal. Points on the buget line will all be within the consumers budget for food. All points below the line will show the possible combinations of dinners avaiable for his choice. All points above the line wil be unaffordable. It will be possible to see how far the consumer could indulge his passion for seafood in one week. (Slope of budget line = -Pu/Pv) The next considerations that might be taken are the marginal rate of substitution of one meal for another without changing the total utility, the diminishing marginal rate of substitution which will hold utility constant and representation of taste as indifference curves. I will not elaborate on these at this point as I believe that the marginal utility and diminishing marginal utility are more relevany and pertinent to the question. I shall now contunue by defining utility. In economic jargon, utility is a numerical method of appreciating a consumer's satisfaction. The word itself, as far as meaning is concerned, has nothing to do with its meaning in everyday language. It has nothing to do with usefulness, it is a satisfaction based unit of measurement. Marginal utility on the other hand is, in a sense, an extra utility. What is meant in economic jargon by marginal is the additional pleasure a specific good gives to a consumer. Diminishing marginal utility is the marginal utility lessening due to the growth of consumption. For example, a consumer consumes a pound of fish, and his utility is 10 units, and his marginal utility is 10 units. If the same consumer consumed two pounds of fish, his utility would be 15, but his marginal utility would be 7. The same effect on marginal utility would take place if the amount consumed further increase. Since marginal utility diminishes as the quantity of fish consumed increases, we are faced with diminishing marginal utility. The point is that no matter how good the the consumer's fish dinners are , the more that is consumed, the less satisfaction will the consumer have compared to the initial portion. This of course is down to personal taste, for consumer A may have a diminishing marginal utility that decreases a lot more slowly than consumer B. The fact remains, that at some point, both comsumers will become saturated by their love for seafood and the law of diminishing marginal utility will make itself apparent. Our consumer, as this point, will seek to substitute some of his fish dinners with hamburgers or another alternative. To conclude, the title question based on the argument above, the statement: ?I love seafood so much I can't get enough of it? may be passionate, but economically speaking is implausible. Even if theoretically speaking the consumer had access to an infinite amount of seafood and an unlimited budget, in the end the good would not satisfy the consumer enough to remain a preferred good, thus this change in preference would result in the consumer literally having had enough. First we must consider suppy and demand. Supply is the quantity of a good that sellers want to sell at every price. Demand is the quantity

Analysis of Marks Spencers International Strategy The WritePass Journal

Analysis of Marks Spencers International Strategy Introduction Analysis of Marks Spencers International Strategy IntroductionBackground to the Marks SpencerPast issues related to MSCurrent business climateReviewing its current international strategyRecommendations BibliographyRelated Introduction This report looks at the current international strategy adopted by MS, what are the past issues of the company, what steps it took during the time of downfall and how did it overcome its mistakes to bounce back in the global market with its new marketing strategy. The report is a mix of the academic research and the case study materials provided from which the final conclusion can be drawn as to the organization should proceed to internationalization or not during current market situations. Background to the Marks Spencer MS as a business organization came into existence in 1884 when it was just a penny bazaar. Today after 125 glorious years of growth and expansion, the company is the biggest retailer in the UK. Its product ranges from clothing, food products and household accessories etc. It entered the international market by franchising in countries such as Canada, USA, France, Belgium, and Ireland etc. By the end of 19th century, the international market was on the verge of collapse due to improper management by the senior management of the company. Thus the company decided to withdraw its presence from the international market and instead concentrate only on the home market. (MS company history 2011) Past issues related to MS MS first entered the global market by targeting Hong Kong and South Africa by exporting its products to these countries under the brand name of St. Michaels. Eventually it terminated its contract with Do dwells, which in turn proved to be a disaster for the company as problems related to the local retailers and franchise did not allow the company to build a strong base in the Asian market. (Bevan 2001). MS targeted the Canadian market through family tie-ups and was successful in operating 275 stores across the country. By the end of the 80’s it entered the US market through purchasing a retail market chain named King’s supermarket and Brooks brothers. But eventually the North American market did not accept MS as a competitive brand due to lack of clear branding and positioning of its products. It was unable to satisfy the customer’s demand; also a large number of competitors did not give MS a chance to sustain itself in the market. (Sparks 2005). MS did not offshore its productions to a different country due to quality concerns. This lead to increase in the cost of production which in-turn lead to charging higher price from the customers. On the other hand, the customers did not find the product that appealing so as to pay a premium price for its products. Similarly MS entered the European market without any strategy to be adopted and mainly on the belief that its current business techniques would hold good in catering these market as well. It started expanding its operations in a haphazard situation without a rational strategic approach to it.   (Mellahi et al. 2002) Current business climate By 2001 the company withdrew all its overseas operations and started concentrating in the domestic market. It is a good decision that they took, as there were many flaws that would have taken a lot of time to rectify along with huge losses to bear. The global market has currently undergone a recession stage where MS was deeply affected by decreases in profit margins by 11% from the year 2005 to 2007. Only during the year 2009 it had performed a profitable business with 17% and 5% increase in profits and market share respectively. Its time when the company is recovering and finding new opportunities to enter the international market with a planned and structured system to target the global consumer retail market. The company has carefully analyzed its past mistakes and then has structured its plans for the future.   The next three years is to concentrate mainly in restoring its stability in the market by improving the marketing of their products into various segments and classifications. At the same time it will set foundation for the future expansion through mediums such as space grows, improving multi-channel retailing and to built its capability further to become an international company. (Cameron et al. 1988) Reviewing its current international strategy On the basis of the past issues within MS and the steps taken to cater the current business climate, we have seen the changes related to the target market, mode of entry in the new market, benefits to enter new market, rectification of past mistakes and setting clear objectives for internationalization etc. MS has decided to stabilize itself from the recession and build up its market share in the UK for the next three years; simultaneously working on rational international decisions. These measures show that the company is clear about its vision and mission related to its future. The following points discussed below prove to satisfy me to go forward with the current international strategy, as they have understood the demand in the international market and should implement its strategy accordingly. The current major steps taken by the company are: To enter large markets such as India, China and Europe etc where there is already a demand for this brand. Concentration in one particular market and finishing it first and then moving to another area proves better positioning and marketing for the product. MS can change its marketing style from product driven to market driven. This helps the company to understand the regional demand of their products and to cater it accordingly. (J MS results and multi year strategy 2010) Franchising is a great option rather than opening their own store. Choosing the appropriate franchisee will improve market capturing and sales in that particular country. E.g. to cater the Indian market MS has tied up with Reliance group. On the other hand, the franchising schemes cannot be same in all the countries due to political, economic and social factors. This could create operational problem for the company in the long run. (Quinn and Doherty 2000) Concentration on brand positioning and brand awareness is been done so that the market is aware of the different products and brands the company is offering. Thus there will be no confusing in the mind of the customers related to brands. There can be a possible threat of not accepting a product by different markets or there can be a very low demand for the same. Also MS overseas do not keep food items and accessories unlike UK. Thus it creates huge difference in the brand positioning between two or more countries. (Eyring et al. 2011) The company never grasped the advantage of patented USP such as storm ware clothing range in order to distinguish itself from other company. Today they are looking forward for such restructured range. E.g. fusing storm ware technology into jeans, t-shirts etc. (J MS results and multi year strategy 2010) Flagship stores are to be placed in each region along with supporting stores such as smaller outlets and Internet channels so that the customer can feel a heavy presence of this brand in the market. Amazon platform is currently reliable for the company. (J MS results and multi year strategy 2010) It is practically not possible for the company to perform as planned in its international strategy. There would be uncontrollable factors, which may lead to variations from its objective. The degree of variation can also determine the success and failure of the company. Adequate financial back up is needed for research and development in each particular market. Thus the risk is also high which the company is taking, if not successful in sustaining in the new market there would be huge loss for the company. Recommendations The company should offshore its manufacturing units to different geographic regions so they can cater different markets well. This will change the British brand image to global brand image. Example: Apple Inc is an American company, which contains the software made in Hyderabad, India and the product manufacturing is done in Taiwan. Thus it contains a global brand image. Adopt decentralization system in the organization so that delegation of work can be encouraged, thus involving the regional departments to participate in the major decisions to be taken. Example: Toyota involves every subordinate to participate in the decisions to be taken so that they can receive more opinions before taking any decisions. MS in an umbrella company which involves different products such as food, GM clothing and accessories etc, it has to carefully balance the brand image of all these products simultaneously. It will be a challenge to the company to maintain all the demand in all the countries. Therefore the company should segment and position its products to the lowest possible level before entering that particular market i.e. appropriate portfolio management. (Eyring et al. 2011) MS is always special by taking a step forward at maintaining a high quality that reflects its brand image, thus the company can strongly capitalize on this image for future growth. (Bolland presentation 2010) For every market there should be a particular marketing style in order to attract more customers. The marketing can be through different medium such as Internet, radio, television, banners hording etc.   The marketing should be done keeping in mind the culture, traditions and lifestyle of different regions. The company should adopt the characteristics of a multinational company where the revenue generated should be retained in that department instead of transferring it to the home country. The benefit is that the company does not have to manage the foreign exchange from around the world plus these funds can be capitalize for further growth and expansion within that region. Bibliography Marks and Spencer plc. 2011. Company history. Available at: http://corporate.marksandspencer.com/aboutus/ourhistory   [Accessed: 21st Mar 2011]. Bevan, J. 2001. The Rise and Fall of Marks and Spencer. Profile Books, London. Paul Jackson, Leigh Sparks, (2005) Retail internationalization: Marks and Spencer in Hong Kong, International Journal of Retail Distribution Management, Vol. 33 Issue: 10, pp.766 – 783 Mellahi, K, Cameron. et al. 2002. International Review Of Retail, Distribution and Consumer Research. 12(2), pp 191-219. Eyring, M.J. et al. 2011. New Business Models in Emerging Markets. Harvard Business Review. Vol. 89. 2011. Quinn and Doherty. (2000). Burt et al.: Retail internalization and retail failure.(3), 207. _J MS results and multi year strategy_(video recording) 2010,London,UK. BOLLAND, M and STEWART, A. (2010, November 5th). MS Corporate Strategy.   [PowerPoint slides]. Presented at a conference in London, UK. WORD COUNT: 1602

Lions Den Sports Bar & Billiards (Business Plan) Research Paper

Lions Den Sports Bar & Billiards (Business Plan) - Research Paper Example Lion’s Den will run under single proprietorship, with top managers running the various facets of the business. Management wishes to establish the business by means of coordinated marketing and operational execution that will solidify name recognition, and appreciation for the concept. The efforts include both above-the-line and below-the-line advertising, face to face communication and focused strategies. With the marketing plan taking care of drawing the crowd into the business, the operations team will further strengthen client relationship by providing excellent customer service, exemplified by stringent operating guidelines, and up to date employee training and extensive product research. Its expansion plans also prompts management to focus on good inventory management, investing only on fast-moving goods and at the same time, not fearful of experimenting on new trends to find out which fit the target market. The sports bar business will compete in terms of facilities by offering the most number of televisions in the city, and a state of the art table top audio control to give the customers the comfort of being able to listen to his program without the interference of other clients, or without having to wait for the assistance of the service crews. There will also be top-of-the line sports facilities that include billiard tables and dart boards, a mini arcade and a concept bar that are both comfortable and edgy in nature. Clients will feel at ease, and at the same time, be entertained the programs, facilities, visuals and food that the restaurant offers. Lion’s Den will also capitalize on Information Technology and computers to provide the best facilities to the target market. It plans to further expand its business by opening more branches in neighboring cities in the next five years. New Jersey has the most number of malls

The impact of Wireless technology on the field of Communication and Essay

The impact of Wireless technology on the field of Communication and computer engineering - Essay Example Today, we have wireless technology. Examples of wireless technology are all around us including mobile phones, laptops, USB internet, and cameras etc. These technologies are very important because they help us stay connected with each other all the time. The impact of wireless technology on communication and computer engineering is very big. In this paper, it has been discussed how big the impact of wireless technology on communication and computer is engineering. Communication is conversation, interaction, or change of words, ideas, or messages between two or more than two people at the same time. For a long time in the history, when there used to be no wireless technology or even wired technology, people used to send letter to each other through post. That was a very time consuming process. The postman delivered the letters by hand. It took even more time for the sender to get the reply from the person through letter. Then came wired technology. The history of wireless technology c an be traced back to â€Å"1896 [when] Marconi took his apparatus to England where he was introduced to Mr. (later Sir) William Preece, Engineer-in-Chief of the Post Office, and later that year was granted the world's first patent for a system of wireless telegraphy† (nobelprize.org, 2013). When telephone was created, it changed communication a lot. It took the quality of communication and its speed to a whole new level. People contacted each other by phone. Those used to be large phones with bells and buttons containing digits. Although those wired telephones improved communication a lot, yet they were difficult to set up as one needed to do proper wiring in order to be able to talk through them. Then came mobile phones. In the start, only few people had mobile phones and it was considered a status symbol. However, over the last decade, mobile phones became very common and even very poor people started having them. Mobile phones took the communication to an even higher level . Using mobile phones, people did not have to connect to each other through wires because mobile phones were wireless. They worked by catching signals from the air. This shifted the responsibility over to the mobile phone companies and the telecommunication companies to install their towers everywhere so that the signals would propagate everywhere. Once these towers were installed, people became very free. They could talk to each other both within the country and outside using mobile phones. Communication became completely wireless. Over the passage of time, mobile phones improved in quality. They became thinner, smarter, and sharper in that their features were improved. Then came mobile phones with cameras installed in them. This further improved communication because people could not only talk to each other, but also exchange photos with each other that were captured using the mobile phone’s camera. Internet is another technology that is available in wireless form and has h ad a great impact over communication and computer engineering. Today, internet is available in different forms. There is a wired form and there is a wireless form also. In the wired form, internet companies provide wired connection to the users at their homes. They connect their computers or laptops to the internet device using wires. Wires are inserted in ports, one in the desktop computer and the other in the internet device. Laptops have an edge over desktop computers because they consist of wifi facility. Wifi catches signals of the internet device so that internet can be run on the laptop without having to connect it to the internet device using a wire. Using such internet connections, people started communicating with each other in an

Burger Kingcustomer centrality Essay Example | Topics and Well Written Essays - 2500 words

Burger Kingcustomer centrality - Essay Example Beginning in 1974 they began offering consumers the empowerment to have burgers made to you're own specifications. Burger King opened their first drive-thru window in the US in 1975, and is currently offering healthier menu items for the calorie and cholesterol conscious consumers. Burger King has always placed an emphasis on customer choice and satisfaction. Customer satisfaction can be gauged by employing and combining the results of the customer value models described in the article, 'Customer Value: a Review of Recent Literature and an Integrative Configuration'. (Khalifa 2004: 655-662) By combining the outcomes of the value exchange model, value buildup model, and value dynamics model, Burger King receives high marks in providing customer value. Burger King strives to make the consumers' experience with them as positive as possible. By offering a quality product at a competitive price in a timely, convenient, and friendly manner, Burger King has managed to grow and become one of the worlds' largest fast-food franchise businesses. Convenient locations, ease of service and consistency of quality in their products, in addition to the empowerment provided to all customers purchasing their products, allows for greater customer benefits in relation to sacrifices made in the procurement of these services. This means Burger King scores well based upon the criteria used in rating customer value using the value exchange model. (p. 655) The value build model correlates four aspects of the relationship between customer and supplier: How the customer is treated and their level of satisfaction with that treatment, longevity of the interaction, thoroughness and thoughtfulness between the customer and the supplier, and the consumers' placing an emotional value on their interaction. (p. 656) Consumers of Burger King's services are encouraged to interact with suppliers, or how else would they have their meal made to suit their preferences This is further reflected in Burger King's employee training which places a major emphasis on friendly, courteous customer service tailored to the needs of the consumer. (Careers, 2005, ) By these standards the company receives high marks. The value dynamics model places focus on product/service and delivery, and meeting the needs of the consumer as a person. (Khalifa 2004: 658) It has already been stated that Burger King strives to provide a quality product, which is competitively priced, and easy to receive. Over the years the corporation has expanded their menu options to meet the needs and desires of health-conscious consumers, which has expanded their client base, the core of which is made up of consumers aged 18 to 35, who eat burgers and fries, (BK (UK) 2005: PDF: 3) and allowed for the meeting of individual needs in a more thorough manner. They have managed to accomplish this without sacrificing ease and/or speed of delivery. By making these options available to all customers they have enhanced the individualization of customer interaction. Again, Burger King receives exemplary marks in customer value. By combining these various models, all of the factors and results, and Burger King's own policies