Statement of Purpose Essay Example for Free

Statement of Purpose Essay Knowledge comes by eyes always open and working hands, and there is no knowledge that is not power†. This statement characterizes my beliefs. Ever since I attended the first industrial visit during my sophomore year of engineering I have nurtured a dream of becoming a part of the top level management team of a firm. Now, after two years of relevant experience in the field of procurement in Supply chain Management, the power of knowledge seems to call me out persuading me to seek more. The dream I nurtured during my graduation has grown with me and I hope the day of realization is not far off. To make this a reality I intend to pursue an M.B.A in strategy and procurement management at your esteemed university. Soon after my graduation I set out to realize my dream by joining Olympic Cards Private Limited as a procurement engineer. After a year of experience I joined a top electronic manufacturing company (Foxconn International Holdings) in order to attain global experience. The company trained me in global procurement and appointed me as a team leader for the procurement team at Foxconn India Private Limited which I consider as one of the biggest achievement so far in my life. Early in my life, at the high school level, I learnt the value of hard work and perseverance. This led me to secure 90% in my higher secondary examination. Later this served as a foundation for my studies in electronics and communication at B.S.A Crescent Engineering College which ranks as one of the top accredited engineering college affiliated to Anna University in the state of Tamilnadu (South India). Besides this academic achievement I am an active musician and my passion for music has helped me to further understand the importance of hard work and perseverance required to excel. I was elected as the secretary of the college music association in the year 2004 and I performed at a number of prestigious venues around the city. As a part of my work experience I have gained knowledge in the following fields, †¢ Strategic development of suppliers †¢ Analyzing and negotiation of the quotation †¢ Management of contracts and agreements with suppliers †¢ Supplier performance evaluation †¢ Different kinds of P.O disposition †¢ Debit note and Credit note †¢ Inventory Control †¢ Documentation for the procurement department for TL9000 †¢ Part of internal quality and on-site supplier auditing team †¢ Key user for SAP R/3 Material Management Module This had provided me with a firm grasp of concepts and a launching pad to embark upon a voyage of knowledge in procurement. My study of these fields has also served to further fuel my ambition and deepen my interest in the field of strategy and procurement management. I got some very interesting information about my field of study by browsing your website and this has driven me to apply for the M.B.A (Strategy and procurement management) course offered at your prestigious university. The eight modules of the M.B.A program which include the Strategic Management, Organization Resource Management, Strategic Marketing, Financial Management, Operations Management, International Risk Management, Power Regimes Supply Chain Management, Business Strategy and Procurement competence will help me improve my cognizance in the field of procurement and I believe that studying at your university will give me the means to achieve my goals and realize my dreams. I therefore make an earnest request to consider my application for admission.

Success and Failure of Project Methods at Heathrow

Success and Failure of Project Methods at Heathrow This report is prepared to analyze the success and failure of the project methods and its process. For this purpose the project of Terminal 5 at Heathrow Airport is discussed. The Barry Leonard, 2009 explained about project management that it is a process of planning; organizing, allocating and controlling different resources to provide improved result of organizational project. It involves different set of activities to apply techniques and tools for achieving the targets of the project. The projects are carried out with the consideration of different factors which may be time or budget. The starting and ending time of project is always decided before its implication; which provide a benefit to produce successful results. The project manager carries out the planning and executing activities of the projects. It has to face many challenges regarding the organizational project. The achievement of project goals; completion of project on time; or utilization of input for obtaining expected output can be major challenges for it. The scope or cost can also become hurdles for meeting targets. The main responsibilities are assigned to project manger to fulfill the demands of clients. The Terminal 5 is a terminal at Heathrow Airport in London. It is having a structure to stand freely in air and considered a largest building for its standing. It is designed to cover about 35 million passengers each year. The glass and steel is used to build up it structure. Its design was offered in 1989, the United Kingdom passed its planning in 2001. The Queen Elizabeth II made its opening in mid of March 2008, and then its operations started at end of March 2008. PROJECT LIFE CYCLE There are five main phases of the Project Life Cycle, which provide a proper sequence to initiate or end up the project. It defines first that why there is a need to take a start of project, then problem relating to it, then the planning, controlling or monitoring processes take place to complete it. There can be many factors which create complexity to meet the basic objectives of the project; they may be related to the team performance, budget or size of project. There are mainly five phases of project life cycle, which are defining, planning, organizing, controlling, and completing. By following these different five phases, the project of Terminal 5 is analyzed here. Initiating or defining In this phase, the goals of objectives are defined with the combination of its scope. The list of its objectives is prepared to point out the involvement of the key factors for it. Then the statement of problem is provided to state the expected output by allocating the resources. All of the risks and assumptions are defined in this phase. The risks and uncertainties in mega projects provide a chance to implicate innovated techniques. The project manager is also appointed in this phase; which later on formulate a team after considering their abilities or experience according to the requirement of project. The main tools which are utilized in this phase are plans for business and framework of project (Kim, 2003). The Terminal 5 Heathrow is the greatest project of the Europe. Its main objective is to extend the range of airport for meeting the volume of its customers from 67 million passengers per year to the 95 million passengers. It is having a purpose to build up a strong structure of glass and steel with the combination of high security and safety to people. For this mega project, the BBA was assumed to select to apply their standard practices; utilize the capital appropriately and use technical competencies to avoid risks. It was targeted to connect the Terminal 5 with the other existing terminals. The risks estimated for the projects were quality of structure; safety for passengers; integrating the systems and working under budget. Its scope was to build up 270,000m ² terminal; two satellite buildings and 87 meter control tower for functioning in Heathrow. Planning Another phase is planning which is consisted of identification of different related activities of project. It also includes a task to estimate the time and cost; review the sequence of activities; and highlighting the critical actions. The specific criteria for achieving the project goals; and completing the task are specified in it. The most important process of writing the proposal is also performed in this phase. The planning phase of Terminal 5 project was started on 1986 and went up to 2001, when it was finalized that construction should be started now. By BAA, the project director was appointed at main board for handling and reporting from planning to controlling phase. The BAA selected appropriate set of tools for planning the project. It created an example to build up or construct the largest infrastructure within its defined capital and time. According to Flyvbjerg et al., 2003, its estimated investment was  £4.3 billion and time for its completion was expected year of 2008 for phase 1 and 2011 for phase 2. It was estimated to start it on 2002. It was planned very effectively to give a scope for complete the projects under estimated time and cost. Its planning phase started from 1986 and went up to the September, 2002. Organizing The Mishra (2006) described about third phase, that it is related to organizing activities, tasks or team of project. The basic needs are specified; the project manager and team are recruited under it. The work packages are also defined in it. The main task of organizing the team; and identifying the stakeholders are also performed under this phase. For Terminal 5 project, the BAA, private investment, HM Government was sponsored and Richard Rogers Partnership was appointed as Lead Architect. The advanced strategies were used by BAA and its different suppliers for organizing this mega project. The project manager Andrew Wolstenholme, had experience of dealing unexpected situations and risks while completing the Glaxco (GSK) project; he utilized all those methodologies and helped to provide his exceptional skills for T5 project. According to the Norman Haste, first project director of T5, there should be high investment on design for achieving successful completion. However, the design ing and the organizing phase started at 1989 and went up to around 2004. In the opinion of Andrew (2009) Single Model Environment (SME) was used for digitally designing; and integrating to the construction phase. Controlling This is an important phase of the project life cycle; because it is assured that all of the operations are performing under a control management. It is also known as execution phase because all of the plans are executed in it. The control tools are defined and status report of the tasks is prepared in it. The Harold (2009) demonstrated that during it, the plans and schedules are reviewed, and order may change according to the requirements. It may be considered as constructing phase for the T5. For Terminal 5, different designs were developed to bring in a real position. Its construction phase was divided into two phases: one was formation of building and infrastructure which started at 2001 and went up to 2008; other was connecting the systems and equipping the building which took time from 2006 to 2008. Its control tower was manufactured in 12 meter high sections to avoid the disturbance of aircrafts operations. It was built up by Richard Rogers Partnership. The control tower of  £50 million provided 360 degree cone to view which become the most technological controller in 2006 when started for functioning. In 2004, its first segment of single wave roof was placed on it, and then on 2005, sixth and last was on its position. The total weight of this roof was 26,000 tons which created its superstructure. Its high way design allowed passing away the cranes for constructing the other operations in airport. The staff of Terminal 5 was appointed by the BBA in 2008. The rail station was built up in it with six platforms; two of them were designed for London Underground Piccadilly Line extension; two for Heathrow Express extension; and other two were for connecting to west in future. The change order required in this project was to have some advancement in its road infrastructure. There was a need to have Airside Road tunnel (ART), which constructed in 2005. The Spur road from M25 was built by Balfour Beatty in 2008. To control the pollution and drainage the storm water outfall tunnel (SWOT) was arranged. It consisted of one bore tunnel which is having length of 4.1km. It was to recycle the wasted water by BAA. The automated people mover (APM) played their role to create a track transit system which provided facility of transformation between main terminal and satellite building. For providing benefit of transferring passengers and luggage, personal rapid transit (PRT) system of  £25 million was applied in July, 2009. Closure In last phase project manager should assure about the completion of project. It consists of different steps which are forming the agreements in documents forms; acquiring acceptance of clients; arrange deliverable in final form; comparing deliverable products with estimated; and allocating project resources. It also involves a step of informing about completing project to upper management (Michael, 2002). The allocation of different resources in this project enabled Terminal 5 to take about 30 million and Heathrow to take 90 million passengers a year. On Sep, 2006; two major transport milestones arrived on T5 when the project was completed about 85 percent. In 2007, the staff was trained and system was checked to provide deliverables. Around 40 million person hours were used for construction program since 2002. At T5 the availability of six cars was provided in start; and sixteen provided in 2008. The project was completed very successfully and its construction safety was on merit. In 2006, there were no reports regarding accidental situation of around 7000 work force. The official opening was held on 14th March, 2008; and it opened for passengers on 27th March 2008. IDENTIFICATION OF SUCCESS AND FAILURE Some of the successes and failures are discussed below: SUCCESS There were many chances of high risks and uncertainties in this project; but many advanced strategies were utilized to avoid them. Its main success is completion of project on time estimated for it. It was a great challenge for the project manager to arrange or allocate the resources with consideration of time. The budget programs were designed with most effective techniques and the cost plans were delivered very successfully. There were perfect tunnel bores and designs; the technical and mechanical activities were performed with deep consideration; structure was prepared with modern approaches. The Mott MacDonald performed their assigned task very efficiently while working on road tunnel. The designing; construction; and fabrication were much enhanced. The SME (Single Model Environment) proved to be very beneficial for these operations. The most innovative application helped to have stability in its operations. The quality level of providing the facilities to passengers was a great return on the high investment on the mega project; the shareholders achieved a great reward in it. There was a complete safety provision for the local inhabitant; passengers; and environment. The partnership with different parties was very successful which helped to remove the constraints. The exceptional plans were developed which helped to built up a control tower for serving all Heathrow. The integration was very strong to meet the projects goals. There were proper risk and control management to avoid failures in project. There were enhanced system of privacy; the finger prints were taken while crossing security gates which protect against illegal actions. There were strong IT systems for achieving success. FAILURE There were fewer failure regarding staff training, baggage handling and massive IT spread out. The main failure was the unfamiliarity of staff of BA which created many disruptions. Eventually, this problem was sorted out by BAA and BA later on. Initially, the baggage system not worked properly, the BA was blamed for it to not have sufficient staff. According to the BBC, there were many problems faced by the terminal staff for car parking in garages. There were high investment in the IT; there were 180 IT suppliers and 163 systems, about 9000 devices; 2100 PCs and a great mess of cables spread inside. According to British Airways CIO Paul, it is a smaller town filled with telecommunication system interrupting to build T5. CONCLUSION The mega projects always hold a risk of failure, however, the Terminal 5 Heathrow project was much successful and its phases were processed in proper sequence. The project management structure was very strong which helped to utilize the planning; managing and controlling methods effectively for completing the project. REFERENCES Andrew Devies, 2009, From Iconic Design To Lost Luggage: Innovation At Heathrow Terminal 5 Barry Leonard, 2009, GAO Cost Estimating and Assessment Guide, pg. 140-145. Flyvbjerg et al, 2003, mega projects and risk: an anatomy of ambition, Cambridge, Cambridge university press. Harold Kerzner, 2009, Project Management: A Systems Approach to Planning, Scheduling, and Controlling. Pg. 418-450. Kim Heldman, 2003, Project management jumpstart, pg. 18-25. Michael Greer, 2002, The project managers partner: a step-by-step guide to project management, pg. 23-69. R.C. Mishra, R C Mishra Tarun Soota, 2006, Modern Project Management, pg. 22-60.

Issue of Certainty in a Contract

Issue of Certainty in a Contract â€Å"The cases provide many examples of judicial awareness of the danger that too strict an application of the requirement of certainty could result in the striking down of agreements intended by businessmen to have binding force† – Treitel. Critically evaluate this statement in light of case law and consider in your answer whether the extent to which the parties have acted on an agreement influences the judges. Introduction In looking to critically evaluate the above statement in view of the case law that has been decided in this area, so as to also be able to consider the extent to which parties have acted on a business agreement serves to influence any judge, this essay will first look to consider the importance of certainty in agreements by recognising the significance where there is a lack thereof. Then, this essay will also look to reflect upon how a contract is generally formed and as to how the issue of certainty relates specifically to a contract’s formation in this regard for when it is said to come into being. Following on from this, this essay will look to determine the issues that a court will look to consider in evaluating as to whether a particular agreement before them is sufficiently certain to be considered a legally binding contract, whilst also looking to consider the extent to which the parties have acted on an agreement serves to influence the judges in coming to their decisi ons in relation to these matters, before finally looking to conclude with a summary of the key points that have been derived from an understanding of this discussion. The significance of certainty On this basis, to begin with it must be appreciated that the issue of certainty in any business agreement is generally considered to be paramount to the formation of a formal contract because it has been a long-held maxim of the law that that which is certain is that which can be made so leading to a binding contract being formed that is enforceable by the courts[1]. Consequently, a lack of certainty increases the costs of disputes because the ability to avoid, manage and/or resolve any dispute early, and on a reasonable commercial basis, is clearly negated where there is a lack of accurate documentation, whilst the lack of certainty also serves to create risks for those involved where there is a lack of a formally recognised agreement in place. Therefore, by way of illustration, it was recognised in Montreal Gas Company v. Vasey[2] that where the company in question made a contract with the other party to this case with the promise that, if it was ‘satisfied’ with them as a customer, the company would then look ‘favourably’ on an application for renewal of their contract with them, this was not considered sufficiently certain to create a legal obligation because of the indefinite or unsettled nature of such a term. Nevertheless, it is also important to appreciate a transaction that may otherwise be considered to have left some essential term of their agreement undetermined may provide some method of determination other than what is considered to be a future agreement. The formation of a contract – Where do the problems lie? Ostensibly, it is commonly understood that a contract is effectively formed where there is an offer, consideration and acceptance that is sufficiently certain so that it is then for the courts to determine whether the required elements are present in any business arrangement[3]. This is because the offer refers to a proposal that is expressed orally or in writing from one party (the ‘offeror’) to another (the ‘offeree’) to do or give something for remuneration with a view to forming an agreement that is usually legally binding on the basis of the conduct the parties. Such a view arises from the fact it was recognised in Adams v. Lindsell[4] the rules in relation to the recognition of a valid offer states that thus will be so where it is (a) made to definite person, class, or the world; (b) it is effectively communicated; and (c) it reaches the offeree. Then, with regards to the element of consideration required, this consists of a â€Å"right, interest, pro fit or benefit accruing to one party, or some forbearance, detriment, loss, or responsibility given, suffered or undertaken by the other†, in keeping with the decision in Currie v. Misa[5], that must be legal, not past, and move from the promisee to the promisor[6]. However, the problem with certainty in business agreements arguably arises most commonly in relation to the issue of acceptance of an offer to formalise the agreement between the parties in the prescribed manner. This is because it was recognised in Hyde v. Wrench[7] that the offeree must accept the offer made by the offeror unequivocally without qualification in words or through conduct in conformation with the indicated or prescribed terms of the offer. But then, in the decision in Chillingworth v. Esche[8], it was effectively understood that it is possible to have an acceptance of terms that are ‘subject to contract’ where the parties will only be bound by a formal contract. Moreover, where the terms of an offer are not accepted by the offeree without alteration, then it could be argued that negotiations will continue because anything that the offeree then proposes may be considered to be a counter-offer so that the positions of the respective parties change (i.e. off eror becomes offeree and vice versa). Therefore, this effectively means that there is only likely to be an agreement on terms that are substantially different from those originally put forward by the parties in such circumstances[9]. Buying and selling More specifically, where there is an unequivocal desire to buy and sell, but a lack of certainty as to terms of the agreement, the courts will look to consider the nature of the transaction for themselves that may be determined by the standard of reasonableness (i.e. what is considered reasonable) in the specific circumstances of the case. Such a view is effectively illustrated by the examples of the decisions in Brown v. Gould[10], where what was considered the ‘market value’ of the goods was determined by the courts, and Didymi Corporation v. Atlantic Lines Navigation Company Ltd[11], where the idea that an agreement regarding a hire was to be ‘equitably decreased’ was also determined by the courts. But, in the case of price of goods and services in such cases, this has largely been governed by section 8 of the Sale of Goods Act 1979[12] which effectively means that the courts are able to allow actions for the recovery of reasonable sums of the value of t he goods or services in question[13] so long as the contract itself is silent as to the issue of price[14]. Therefore, by way of illustration, in May Butcher v. The King[15] when the supplicants agreed to purchase all of the Crown’s old tentage for a price â€Å"agreed upon †¦ as the quantities of the said old tentage become available and are offered to the purchasers† it was held there was no concluded contract because the price would be agreed subsequently for the transference of the goods in question. The influence of parties to an agreement upon the courts However, more generally, the function of any court is to put a fair construction on what the parties have said and done because Lord Wright in Hillas Co v. Arcos Ltd[16] said â€Å"Business men often record the most important agreements in crude and summary fashion†, that are â€Å"far from complete or precise† to those unfamiliar so that it is arguable that the parties to such agreements may be considered to have some influence over the approach that the courts may take in such cases. On this basis, this means that it is â€Å"the duty of the court to construe such documents fairly and broadly†[17] because the courts need to be satisfied that parties to an agreement have concluded a contract, whilst also still considering what has been said and done in its context, the relative importance of the unsettled matter and whether the parties have provided machinery within the terms of their agreement for settling any dispute. By way of further illustration, in the decision in Hillas Co v. Arcos Ltd[18] the court decided that the terms of the contract in this case were based on previous transactions (the original contract) between the parties and the custom of the timber trade because it was determined that in view of their previous agreements there was still sufficient intention to be bound in the future. Therefore, with this in mind, in view of the influence of the parties in acting on the same basis as under their previous transaction, clearly, in such circumstances it will be extremely difficult for the courts to say that a â€Å"contract is void for vagueness or uncertainty†, where it has been either or wholly or partially performed, since this serves to make it easier to imply a term into an agreement to resolve such problems[19]. However, as well as the influence acceded to the parties to agreements by the courts, it is also important to appreciate that a court will not commonly allow a contract to fail for uncertainty more generally if the contract also provides the means to acquire the level of certainty required for the particular contract. For example, in cases including Foley v. Classique Coaches Ltd[20], it was recognised that if the contract in question provides parties are to agree a price or quantities for delivery, but also contains an arbitration clause in this regard, the courts will imply a reasonable price will be paid where there is otherwise default on the part of the parties to the agreement determined by arbitration so that parties to the agreement still retain a level of influence even where they are in dispute. Moreover, matters in this regard may actually only be further complicated by the fact that parties in business often act on their informal agreements – even their version of events – pending the formalising of their agreement into a contract[21]. Then, where a contract is formalised, the courts may allow this contract to take on a retrospective effect to cover the work done during the period when the parties were working on the basis of an informal agreement[22]. But where there is no formalisation of an agreement between parties, work that is done, or goods that are delivered, under a letter of intent may lead to a restitutionary obligation to pay a reasionable sum by way of remuneration for this[23] so that the parties actions continue to have an effect on any decision that is reached. The problem with documentation In spite of the influence of the parties themselves on the decisions reached by the courts, however, in looking to consider how the courts deal with the issue of certainty (or lack thereof) in business contracts, it is important to appreciate that matters are also complicated somewhat by the use of other documents in the build up to the recognition of a formal agreement. Such a view is effectively illustrated by the use of letters of intent in the construction industry with a view to formalising a contract at a later date. This is because whilst, in the past, in decisions including British Steel Corporation v. Cleveland Engineering Co[24], such a document may have been considered akin to a conditional contract by the courts since it is effectively looked upon as a sign that one party is likely to want to contract with another, in Regalian Properties Plc v. London Dockland Development Corporation[25] there was an unsuccessful action for reimbursement of expenses incurred by a property developer regarding preparatory work regarding a contract that also never materialised in spite of the presence of a letter of intent since it is a matter of interpretation. Consequently, it is important to appreciate that the courts have become prone to taking a differing view from case to casxe because they do not consider cases decided in this area to be analogous in the circumstances. Such a view is reflected in the fact that whilst one party, in British Steel Corporation v. Cleveland Bridge Engineering Co[26], requested the other to perform services and supply goods needed under the expected contract, the costs Regalian Properties Plc v. London Dockland Development Corporation[27] sought reimbursements for what it did in an effort to put itself in a position to obtain and then perform the contract that was unsuccessful. This is largely because the court in such cases may be unwilling to imply a contract on the basis of a letter of intent because the language used is often uncertain and, in view of previous negotiations, it may also be argued that all that is assumed is a moral responsibility and not something that is contractual but, again, that is something for the courts to determine on the facts as they arise as a matter of interpretation[28]. Nevertheless, matters in this regard are also not helped in relation to the recognition of certainty in business agreements where the contract between the parties is considered incomplete because of a failure to cover all of the pertinent points that are considered significant by the parties so that one party asserts that a contract has been formalised and the other claims that it has not. Therefore, it is important to appreciate that in such cases the courts will need to consider whether an agreement is reached by the parties to a contract at a particular time, or as to whether there are other terms of the intended contract without the settlement of which the parties to the agreement have no hope of formalising a contract[29]. But where documentation produced in correspondence between the parties in dispute shows the parties have definitely come to terms – despite having some material points left open – a subsequent revival of negotiations will not affect the contract that is believed to have been made in the eyes of the court without the consent of the parties to the agreement that has been made so that they retain some influence over the courts that look to resolve their disputes[30]. More specifically, Justice Parker recognised in the decision in Von Hatzfeldt-Wildenburg v. Alexander[31] that if â€Å"documents or letters relied on as constituting a contract contemplate the execution of a further contract †¦ it is a question of construction whether the execution of the further contract is a condition or term of the bargain or whether it is a mere expression of the desire of the parties as to the manner in which the transaction already agreed to will in fact go through†[32]. Con sequently, it is matter upon which the courts could arguably go either way on in looking to interpret because it is really something to be decided upon on the facts of each individual case. Negotiations However, even where negotiations are successful, it was recognised in practice, as long ago as the decision in Kennedy v. Lee[33] that it may prove difficult to say with certainty when an agreement has been reached. This is because of the fact that it was recognised in this case that negotiations can often be long and complex with significant variations derived from offers and counter offers that may serve to detract or embellish the original basis of attempted agreement between the parties. Nevertheless, in the dcecision in Davies v. Sweet[34] it was understood that in spite of a prolonged period of negotiations courts may still find a concluded bargain by the conduct of the parties – thus seemingly bypassing the need for certainty so that any continuance of the negotiations will not necessarily serve to terminate an agreement between the parties. Such a need largely arises from the fact it is important to look to give effect to the reasonable expectations of business people that is an important object of the law of contract to facilitate in relation to their ongoing relations[35]. But, in the context of negotiations, a ‘lock out’ has also come to be considered to be unenforceable where it does not specify a time limit for its duration because it would indirectly impose a duty to negotiate in good faith which could not be considered a contract[36] – although such an agreement may be considered thuse if it is for a fixed period[37] – regardless of this it has been argued that certainty should have been resolveable in the interests of the parties through the recognition of the standard of reasonableness alluded to earlier in this discussion. Moreover, the courts have also felt at liberty to ‘strike out’ indefinite, but subsidiary, provisions as being insignificant so as to be able to give effect to the rest of the agreement[38]. Furthermore, with regards to an agreement to negotiate, the House of Lords recognised in Walford v. Miles[39] that such an agreement was effectively an agreement to agree so it was considered unenfo rceable because â€Å"it lacks the necessary certainty†[40]. Such a view has arisen because negotiations are, by their very nature, adversarial and allowed them to pursue their own interests, so long as they do not make misrepresentations, and withdraw where they see fit[41], whilst damages were also out of the question because no can tell whether the negotiations would be successful and what the result would be[42]. Conclusion In conclusion, in looking to critically evaluate the aforementioned statement so as to also be able to consider the extent to which parties have acted on a business agreement serves to influence any judge, it must be recognised that certainty within any agreement perpetrated by a business is extremely important. This is because certainty in relation to the agreements that are formed between parties clearly goes some way to limit and even negate the need to go to seek the resolution of their disputes. However, by its very nature, business negotiations are somewhat adversarial. Everyone involved with business wants to get ahead so it is perhaps little wonder that disputes do arise. But just because a dispute arises does not mean that the parties want to end the relationship that they have built up just because there is a lack of certainty in some aspect of the agreement that has been formed. Therefore, whilst the courts may look to resolve issues of certainty between the parties on the basis of the law as it stands and the understanding of what is considered reasonable in the circumstances, the parties themselves can and do retain an element of influence over proceedings between them. Consequently, the respective parties intentions when forming an agreement must be taken into account when determining the binding nature of any agreement. However, that is not meant to assuage the role that the courts do play in the resolution of disputes. It is just that the area is actually somewhat complicated by the lack of certainty in aspects of an agreement that is formed that need to be effectively resolved and, in view of the close proximity of the parties to their dispute, it is sometimes considered best for the parties to accede to the resolution of their dispute to the courts where they cannot otherwise be resolved between the parties themselves despite the influence that the co urts will still allow their dealings to have on their decisions in most cases. - (i) Research Strategy To begin with it is necessary to decide what the question set is asking – i.e. in this case, determining the need for something different to rectify a problem that apparently exists. This effectively means that any research carried out is required to seek to facilitate a ‘discussion’ involving the specific terms identified within the question so as to effectively determine and incorporate the academic and legal opinions of authorities to support the pertinent issues that have been derived from the research that has been carried out here for the purposes of answering the question. (ii) Materials Therefore, on this basis, it is particularly important to look to include case law in particular, in view of the stated requirement in the scope of the question, throughout the writing of this essay before listing them all in the bibliography for ease of further reference. As a result, both ‘Lexis Nexis Professional’ and ‘Halsbury’s Laws of England’ are websites that serve as significant research aids for writing this kind of work in view of the fact that they offer the most contemporary accounts of all legal subjects. (iii) Search Terms Legal professor David Stott’s work on legal research[43] has recognised the best approach to researching an essay is to look to take the title/question that you have been given and then highlight what you think are the key words and phrases so that, in this case, the following search terms are recognised – ‘Business’ ‘Contract’ ‘Buying’ ‘Selling’ ‘Legislation’ ‘Dispute Resolution’ ‘Certainty’. Then, having identified search terms for the purposes of research, combinations of these terms must be uses, whilst also looking to appreciate the fact that certain terms (i.e. ‘legislation’) will offer very little in view of the specifics elsewhere within the question without looking at more specific aspects. As a result, in view of the fact that the focal point of this essay’s discussion is the issue of certainty within, a particular context (i.e. business agreements), then it is clear that this must be recognised so as to be able to effectively achieve the required results to lead to further research into judicial decisions and other paper based sources outlined in the bibliography by looking at combinations of the aforementioned search terms (e.g. ‘contract’, ‘certainty’, ‘business’ and ‘agreement’). (iv) Review of Results In looking to effectively be able to evaluate the academic value of the research that has been carried out here, it is abundantly clear that, whilst the initial materials uncovered were excellent in view of their relevance, a true understanding of as to how successful the research actually was is only possible where we look to consider the content of what has been written in the essay itself. But then it is also necessary to look to consider as to how the answer to the question set looks to show an effective appreciation of how the materials that have been identified in the bibliography have been used. Therefore, it would seem that the results of this research have served to effectively facilitate a broad discussion of various areas in relation to the recognition of certainty within the context of business agreements and as to how the courts have dealt with the resolution of disputes, whilst also recognising the influence that the parties themselves can have in relation to the courts resolution, that have put been together in this paper so as to present an effective answer to the question that has been posed here. - Beatson. J ‘Anson’s Law of Contract’ 27th Edition, Oxford University Press (1998) Fridman. D. F ‘Construing, without constructing, a contract’ (1960) 76 LQR 521 ‘Halsbury’s Laws of England’ Lexis Nexis, Butterworths (2007) Lexis Nexis Professional (2007) (www.lexisnexis.com) Stott. D ‘Legal Research’ Cavendish Publishing Ltd (1998) Adams v. Lindsell (1818) 1 B Ald. 681 Bishop Baxter v. Anglo-Eastern Trading Co Industrial Ltd [1944] KB 12 British Steel Corporation v. Cleveland Bridge Engineering Co [1984] 1 All ER 504 Brown v. Gould [1972] Ch 53 Butler Machine Tool Co v. Ex-Cell-O Corp [1979] 1 WLR 401 Carlill v. Carbolic Smoke Ball Company [1893] 1 QB 256 Chillingworth v. Esche [1924] 1 Ch 97 Courtney Fairbairn Ltd v. Tolaini Brothers (Hotel) Ltd [1975] 1 WLR 297 Currie v. Misa (1875) LR 10 Ex 153 Davies v. Sweet [1962] 2 QB 300 Didymi Corporation v. Atlantic Lines Navigation Company Ltd [1988] 2 Lloyd’s Rep 108 Foley v. Classique Coaches Ltd [1934] 2 KB 1 G. Percy Trentham Ltd v. Arhital Luxfer Ltd [1993] 1 Lloyd’s Rep 25 G. Scammell Nephews Ltd v. Ouston [1941] AC 251 Hillas Co v. Arcos Ltd (1932) 147 LT 503 Hussey v. Horne Payne (1879) 4 App Cas 311 Hyde v. Wrench (1840) 3 Beav 334 Kennedy v. Lee (1817) 3 Mer 441 Kleinwort Benson Ltd v. Malaysia Mining Corporation Bdh [1989] 1 WLR 379 at Lipkin Gorman v. Karpnale [1991] 3 WLR 10 May Butcher v. The King [1934] 2 KB 17n Mitsui Babcock Energy Ltd v. John Brown Engineering Ltd (1996) 51 Con LR 129 Montreal Gas Company v. Vasey [1900] AC 595 Nicolene Ltd v. Simmonds [1953] 1 QB 543 Pitt v. PHH Asset Management Ltd [1994] 1 WLR 327 Queensland Electricity Generating Board v. New Hope Collieries Property Ltd [1989] 1 Lloyd’s Rep 205 Regalian Properties Plc v. London Dockland Development Corporation [1995] 1 WLR 212 Trollope Colls Ltd v. Atomic Power Construction Ltd [1963] 1 WLR 333 Von Hatzfeldt-Wildenburg v. Alexander [1912] 1 Ch 284 Vosper Thornycroft Ltd v. Ministry of Defence [1976] 1 Lloyd’s Rep 58 Walford v. Miles [1992] 2 AC 128 Sale of Goods Act 1979 1 Footnotes [1] Fridman. D. F ‘Construing, without constructing, a contract’ (1960) 76 LQR 521. [2] [1900] AC 595. [3] See also the decisions in G. Scammell Nephews Ltd v. Ouston [1941] AC 251 (hire purchase terms) Bishop Baxter v. Anglo-Eastern Trading Co Industrial Ltd [1944] KB 12 (war clause) for further examples of indefinite contract terms. [4] (1818) 1 B Ald. 681 – see also Carlill v. Carbolic Smoke Ball Company [1893] 1 QB 256. [5] (1875) LR 10 Ex 153. [6] See, for example, the decision in Lipkin Gorman v. Karpnale [1991] 3 WLR 10. [7] (1840) 3 Beav 334. [8] [1924] 1 Ch 97. [9] See, for example, the decision in Butler Machine Tool Co v. Ex-Cell-O Corp [1979] 1 WLR 401. [10] [1972] Ch 53. [11] [1988] 2 Lloyd’s Rep 108. [12] Although see also the Supply of Goods Services Act 1982 at section 15(1). [13] See, for example, British Bank for Foreign Trade Ltd v. Novinex [1949] 1 KB 623. [14] Sale of Goods Act 1979 at section 8(2). [15] [1934] 2 KB 17n. [16] (1932) 147 LT 503. [17] Ibid at p.514. [18] (1932) 147 LT 503. [19] See G. Percy Trentham Ltd v. Arhital Luxfer Ltd [1993] 1 Lloyd’s Rep 25 at p.27 per Steyn LJ. [20] [1934] 2 KB 1 – see also Vosper Thornycroft Ltd v. Ministry of Defence [1976] 1 Lloyd’s Rep 58 Queensland Electricity Generating Board v. New Hope Collieries Property Ltd [1989] 1 Lloyd’s Rep 205. [21] See, for example, Regalian Properties Plc v. London Dockland Development Corporation [1995] 1 WLR 212. [22] See, for example, Trollope Colls Ltd v. Atomic Power Construction Ltd [1963] 1 WLR 333. [23] See, for example, British Steel Corporation v. Cleveland Bridge Engineering Co [1984] 1 All ER 504. [24] [1984] 1 All ER 504. [25] [1995] 1 WLR 212. [26] [1984] 1 All ER 504. [27] [1995] 1 WLR 212. [28] See Kleinwort Benson Ltd v. Malaysia Mining Corporation Bdh [1989] 1 WLR 379 at pp.388, 391 393. [29] See, for example, Hussey v. Horne Payne (1879) 4 App Cas 311. [30] See, for example, Mitsui Babcock Energy Ltd v. John Brown Engineering Ltd (1996) 51 Con LR 129 at pp.167, 175 179. [31] [1912] 1 Ch 284. [32] Ibid at p.288. [33] (1817) 3 Mer 441. [34] [1962] 2 QB 300. [35] Beatson. J ‘Anson’s Law of Contract’ 27th Edition, Oxford University Press (1998) at pp.62-68 [36] See, for example, Walford v

The Prince and the Pauper :: Essays Papers

The Prince and the Pauper The three main ideas of this book are (1) two boys' wishes become true but later they don't enjoy it (2) Be careful what you wish for(3) Always think about what you're doing first. The two major characters were Tom Canty and Edward, the Prince of Wales. The conflict was between John Canty, Tom's father, and the prince. The other conflict was between Tom and the lords, servants, the King, and all the royal people in the castle. John Canty, the lords, the servants, the King, and all the royal people in the castle opposed Tom and Edward. Tom and Edward opposed them also. The characters deal with the situation that they find themselves in by telling the truth. They never stopped telling everyone one who they really were. They insisted saying that there were not who everyone really thought they were. Everyone thought Tom and Edward were both mad. The reason why no one believed them is because they both looked alike and they both had exchanged outfits. They exchanged outfits because Edward wanted to feel how it was to be a pauper and how to live like one and Tom wanted to feel how it was to be a prince, the son of the King, and how to live like one. First Tom was enjoying it because he didn't have to beg anymore, he ate good food, and he slept in a nice, cozy bed in the King's palace, but later he didn't enjoy it because he wanted to go back home to his original family and live the way he used to live. The Prince of Wales, son of the King, Edward was then living like a Pauper. He was treated badly and never ate anything at all. He was beaten by John Canty, Tom's father and was always forced to beg. Tom's mom tried to stop John but John and Tom’s sisters watched in just slapped her horror. Edward didn't even enjoy being a pauper at least once. Everyone just thought that Tom and Edward were both mad. They solved the confusion, though. After the King had died and Tom was about to be crowned King of England Edward ran in and said that he was the true King.

Influence of Mass Media :: Media

"People are more influenced by mass media than they think. What evidence is there to support this statement?" By Mass Media I mean 'the whole body of media reaching large numbers of public' the major ones being newspapers, television and the Internet. The main purposes of mass media are to provide information, entertainment and advertisement. In this essay I will discuss the influence that Mass Media has in the general public and give the evidence to support the statement "People are more influenced by mass media than they think.…". The history of mass media can be said that started from the ancient Greece. Philosophers, generals and politicians of the ancient Society discuss issues and after spread to the public by the use of word of mouth. The ancient Greek Drama and poetry can be considered as a form of mass media, communicates a message to the society. In other words since the early years people has always being influenced by Mass Media. In today's world people cannot live without Mass Media and with the help of technological improvements to send messages to the masses is becoming easier and easier. As we are been shower with tons of advertising, information and other sort of materials by the different types of Mass Media has influence in our everyday life styles. Newspapers are typically daily or weekly publication that contains news and opinion of current events, featuring articles, and advertising. By fact ‘there are now about 9000 daily newspapers around the world.' Therefore newspapers reach a wide audience worldwide, which is why newspaper is a type of Mass Media. The newspapers are an incredible influence tool in society; they can easily turn on people emotions in favor or against an issue or something. This is because we as readers tend to believe everything that is written in the newspaper even do it might be the wrong information. We can take the case around 12 years ago of the murder of James Bulger by Robert Thompson and Jon Venables, the British press had alleged that the kids were influence to commit such an act because of a spiteful video that they had watched, at the end the end they two kinds had not seen that video. What does this tell us about the newspapers? They mislead information that goes to the public which immediately influences the public to react, in this case the parent of kids prosecute the media that had influence their kids, but they don't know that the same media is influencing them to do act that way.

Tesco: Assessing the change implications of Tesco’s Rapid International Business process.

Executive summary Change is inevitable in any organization that aspires to grow. As an organization, Tesco has diversified its operations and extended into new markets in various countries such as China, Japan among others. However, its largest market base is still in the United Kingdom. This paper discusses the implications that the company’s rapid internationalization has had on its operations. Penetration into new and undiscovered markets which seem unattractive to many retailers and selling for low prices is the key strategy employed by this organization in its expansion process. They are able to charge these low prices due to the numerous benefits of economies of scale they enjoy due to mass production and sale. This strategy however, does not lack challenges just like any other strategy employed by other organizations. For instance, the competitors in the new markets can also reduce their prices thereby limiting the market to new entrants such as Tesco. This is especially so in large emerging markets such as China and Japan. This paper also addresses the need for change and factors that have contributed to change at Tesco. There are a number of reasons why change is important. For instance, in order to ensure it remains competitive, some aspects of the organization have to change. The factors which drive change in this organization include political factors, social factors, technological factors, economic factors and even its objectives as an organization. The change process in this organization receives support from all the levels of the organization and the goals and vision are clearly communicated to the members. This is evidenced by its exemplary performance. Despite the numerous challenges faced in the change process, it has remained afloat and the benefits of the change are evident through its continued expansion. This paper exhaustively explores the change process at Tesco, analyzes the situation and makes suggestions that the company can use in implementation of the change. Introduction Tesco is a general merchandising retail chain and an international grocery store. Founded in 1919, it has grown over the years and is currently operating in over 12 countries globally with a total of 530,000 employees. In 2012, it had ?3.03 billion in profits and ?59.4 billion in turnover. Most of its revenue (65%) comes from the United Kingdom. However, other places such as Asia, United States and Europe also are responsible for a large portion of its revenue (Tesco, 2012). It operates under different brand names, which include Superstore, Express Extra and Metro. It sells about 40,000 food items in its superstores, clothes and other nonfood items. It also owns petrol stations and offers personal finance services such as life insurance. Its expansion has placed it at a top position globally and currently is ranked as the largest retailer in Britain and as the third largest retailer globally (Lowe et al., 2012). The own-label products of the company are grouped into three segments na mely: the value level, normal level and finest level products. Despite the extensive development of the retailing and nonfood services, Tesco has undertaken huge investments internationally in a bid to ensure its continued growth. To ensure efficiency in operations and costs in its international operations, it has incorporated IT solutions to facilitate business processes (Miozzo et al., 2012). This paper provides an in-depth analysis of Tesco’s rapid internationalization. Situation and Culture Every organization has its own culture which either serves to identify its employees and customers or serves to ensure efficient running and cohesive relationships among the employees (Maitah, 2010). Tesco’s culture is distinctive through its numerous corporate social activities. These demonstrate its ideologies and values such as honesty, responsibility and fairness. This sense of social responsibility drove the organization into stating up supermarkets in areas where other supermarkets would not go into due to their native nature. At Tesco, there are string bonds among the staff and customers. This has been quite instrumental in contributing to wards employee job satisfaction and offering services that are satisfactory to customers. These relationships have ensured efficient operations within the organization due to the social groups formed (Tesco PLC, 2014). There are shared values upheld by the staff thereby ensuring a reduction in conflicts among them. This also encourages loyalty of the staff to the organization thereby ensuring its good performance is sustained. Lastly it helps them get a better understanding of the customers’ needs (Tesco PLC, 2014). Tesco has a flexible work environment, which ensures an increase in employee participation in various roles and decisions and also enhances their adaptability to possible changes within the organization. An inflexible work environment would in most cases lead to resistance from the employees, thereby limiting their productivity and innovation. In the long run, it will affect the performance of the organization (Tseng, 2011). The management practice undertaken by the organization tends to be in line with theory Y assumptions. In this theory, the management believes that the employees view their work as normal and will aim at obtaining additional responsibilities in their places of work (Russ, 2011). Given the right conditions, these managers believe that workers will be self-driven and work efficiently. Therefore, there will be joint decision making in regards to setting of objectives and development of strategies required to achieve these goals. Also these managers will delegate most duties and promote team work (Lowe et al., 2012). Even though the managers at Tesco have incorporated some of these propositions in the daily management of the organizations activities, it may not entirely lead to efficiency. This is because of the extensive number of the subordinates one manger supervises making it difficult to use the approach (Be nfari, 2013). Also, tasks allocated to the subordinates do not need specialized skills hence continued supervision by the managers is required in order for them to issue direction and ensure continuity in a bid to achieve the set goals of the firm (Inman et al., 2014 ). Drivers of change and the organizations stage in the change process There is always need for change in any organization, which is usually propelled by a variety of factors, which is also the case at Tesco. This section outlines the different factors that have contributed to the need for change at Tesco. It also addresses the stage of change in which the company currently is. One of these is the changing political environment. New legislations come up every day and therefore it needs to conform to these standards in order to avoid any legal suits against them. Legal suits may affect its cash flows as a majority of people may claim compensation. Issues also such as political instability may affect the operations of the organization (Lowe et al., 2012). Economic factors are also responsible for the changes. Factors such as economic crisis and fall in demand for goods may affect the cash flows adversely as sales will slump. This therefore poses a need for diversification of its operations hence a presenting a need for change (Benn et al., 2014). As the c ompany expands its operations, it manages this risk because when the risk is high in a certain market, there is another market with stable economic conditions (Polak et al., 2011). Social factors also contribute to this. Customer loyalty is a key social factor needed to ensure growth and sustainability of any business (Mahatma et al., 2013). For instance, news that the beef burgers from Tesco had horsemeat adversely affected the image of the organization and lowered the customer loyalty (The Guardian, 2013). This therefore drives for change as it has to ensure those who were affected are compensated and that corrective action is taken so no such occurrences are experienced in the future. Changes in the marketing strategies therefore are needed in order to restore the customer base (Anderson & Swaminathan, 2011). It can also be argued that technological factors are responsible for these changes (Hitt & Tambe, 2012). Due to Tesco’s extensive operations all over the world, it needs to adopt new technological advancements in order to ensure efficiency in its operations such as production and marketing. Issues such as social media marketing through twitter and Facebook should be considered in order to ensure they meet their target audience (Tuten & Solomon, 2012). Online shopping channels should also be enhanced further (Plunkett, 2009). At present, Tesco has undertaken numerous steps towards the change process. It has diversified its operations in order to prevent losses due to economic factors in one area. For instance it produces products such as petroleum and food products, both of which have inelastic demand (Tesco PLC, 2014). It complies with both the legal and ethical requirements especially in regards to food products and also compensates affected individuals in order to avoid law suits which could harm its operations. Also, the organization has undertaken numerous technological advancements in its operations in order to ensure its operations are well managed and that their customers are served efficiently (de Kervenoael et al., 2011). With reference to the j-curve model, there are stages which an organization goes through in the change process (Grabenwarter & Weidig, 2005). These include: †¢ Plateau: At this level there are minimal disruptions in the organization. †¢ Cliff: This stage is characterized by a lot of anxiety and uncertainties surrounding the new process. †¢ Valley: At this point, production is low and there are a lot of frustrations in the work place. It is the most critical part as it determines whether the change will be taken to completion. †¢ Ascent Stage: At this stage, the benefits from the development are reaped. There are no challenges at this point and the limited challenges faced can be easily resolved. †¢ Mountaintop: This is the final stage. Here, both productivity and performance have been improved. According to the j curve model, Tesco is at the ascent stage. This is because some of the benefits from the internationalization strategy are already being ripped by t he company (Lowe et al., 2012). Whether there is a strategy for this planned change or is it a response to a problem. For Tesco, the changes are both in form of a prior vision and as a response to changes in the issues in the market. Tesco has two key strategies which it employs in a bid to achieve its goals. These are: â€Å"How Tesco sells for less†- Tesco‘s goal is to sell large volumes of a wide range of products and services. In order to achieve this, they make use of the economies of scale benefits derived from producing and selling in bulk. This therefore implies that it can lower its prices hence sell its products globally at competitive prices (Tesco PLC, 2014). â€Å"Steering wheel† –this is related to its primary areas of concern. These are operations, people, financial and customers. Of all the four areas of concern, the customers are the most important. Tesco therefore, has ensured that the relationship between them is cordial and built on a t rust basis thereby securing their loyalty. It has ensured it provides quality products at very low prices and also that there is professionalism in service delivery to the customers (Bather & Tucker, 2011). The increase in competition in Tesco’s major markets is the main problem that has also led it to implement the internationalization strategy. With companies like Wal-Mart and Carrefour also struggling for the market share in the UK and other main markets, Tesco has had to consider expanding to other regions where there is less competition (Ryu & Simpson, 2011). Exploration of the problem to be addressed Whereas Tesco has successfully established itself in the many countries and is generally performing well, there are several problems it faces that ought to be addressed. This will improve the company’s performance and give it an edge over its main competitors in the market. These issues are discussed hereunder. Over dependence on the UK market Despite its extensive expansion to other market areas globally, its profits still largely depend on the UK market. About 73.8% and 65% of its profits in 2003 and 2009 respectively came from its UK market (Palmer, 2012). Even though this is not a problem in the short run, it may affect its operations in the long run if its competitors such as the Morrison’s group expand their operations and market share (Benn et al., 2014). Debt International expansion is expensive hence requires heavy cash flows used for marketing and investment purposes. Therefore, Tesco requires huge cash flows and these are raised through borrowing (Randall & Seth, 2011). The repayment of these debts has further been worsened by the economic downturn and has become expensive overtime. Its aggressive expansion activities reduce the cash available for financing other activities in the organization (Benn et al., 2014). Acquisitions Due to its large size, and wide range of products, Tesco can easily take over other firms, especially in the United Kingdom. However, there is a risk posed by it turning into a serial acquirer since these actions will lower its quality, brand visibility and even earnings. This therefore should be addressed and a different expansion strategy considered (Johnson & Turner, 2010). Aggressive expansion into large markets such as China and Japan may lead to a decline in returns due to reasons such as the existing economic conditions in these markets, reactions by competitors and failure of the company’s strategy (Benn et al., 2014). The key players and what each player may lose or win The key players here include: †¢ Competitors- these are most likely to lose their market share due to an increase in Tesco’s market share. Some of its competitors include ASDA, Carrefour S.A, Safeway Inc. and the Royal Dutch (Palmer, 2012). †¢ Government- the governments in various cou ntries where Tesco operates would most likely gain additional revenue from the taxes paid in by Tesco (Johnson & Turner, 2010). †¢ Customers- the consumers will benefit due to quality products at cheap prices since this is the main aim of Tesco. As the company seeks to gain a larger market share, it will be beneficial to clients (Anderson & Swaminathan, 2011). Articulation of the vision to the members or the organization As an organization, Tesco has a clear mission and vision. With a massive workforce of 597, 784 employees (as of 2013) there are strategies that are put in place to ensure that every one is at par with the organization’s mission and vision (Tesco PLC, 2014). The vision of Tesco is to be valued by the customers they serve, the communities in which they operate, colleagues and the shareholders. The organization seeks to transform lives through innovative products and inspire future generations. In all the 12 countries where Tesco operates, the company is va lued and appreciated. The people are served in the best regard and they are loyal clients. This is a clear indication that the vision of the company has been articulated by the members of the organization (Taylor, 2014). The level of support within the organization at each level For the change process to be efficiently implemented in an organization, it is vital for all parties to be equally involved. This will reduce resistance and facilitate an easy transition from the state prior to the change to the state after (Kotter, 2007). Generally, there is extensive support from the various levels in the organization at Tesco. For instance, the top level management makes decisions in regards to the possible areas of expansion. There have been minimal or no reports of resistance to internationalization at Tesco (Taylor, 2014). This means that as the company implements these strategies, it takes all the necessary measures to ensure that all the parties that are likely to be affected are well informed of the need for the change and the process that will be undertaken in the change process (Benn et al., 2014). Other levels in the organization, including the middle and lower levels, are also supportive of the changes (Taylor, 2014). Other key players to be consulted Apart from the parties within the organization, it is also vital for the company’s management to ensure that it consults other external stakeholders that are likely to be affected by the change (Kotter, 2007). There are different groups that need to be consulted. One of these groups comprises of the company’s creditors. These are the financers who facilitate the change process. Hence, their approval is needed because they need to certify that the expansion is profitable and that their funds will not be put in risky businesses (Bennett & Bush, 2013). Shareholders also have to be consulted. These are the owners of the business hence their interests must be factored in any decision making process. Their consent must be given before the expansion is undertaken. The governments of the home country and the target country into which the company intends to expand (Liguori, 2012). Before entering into any new markets, there are legislations set which must be observed. Compliance with these laws is needed before they can set up their operations in any country. Recommendations for forming or not forming a coalition It would be optimal for Tesco to form further coalitions with other organizations. This is because it will benefit in a number of ways. For instance, there will be an acquisition of additional skills from the company with which it is partnering. This also applies to other tangible and in tangible resources that might have cost the company a lot to acquire (Hogg et al., 2012). The potential market for Tesco will increase at a faster rate. By forming merger with companies that have already established themselves in the market, Tesco will automatically inherit the market share of the other companies. This is as opposed to a situation where the company could have entered the market on its own (Matsushima et al., 2013). Another advantage is that there will be improved information access and sharing, especially information about the markets being targeted (Hogg et al., 2012). Whereas there are benefits that the company can get by entering coalitions with other companies in expanding its op erations, there are also several limitations that it can be exposed to as a result of this. For instance, there can be conflicts in terms of how profits are shared among the companies involved (Matsushima et al., 2013). As a result of varying organizational cultures and structures, entering coalitions can also limit employee productivity as employees as there will be a conflict in the way they operate. This challenge is usually mostly felt in the early stages of the coalition (Benn et al., 2014). Recommendations on useful tools for managing change at the organization Generally, it is difficult for any organization and its employees to adjust to change. It is therefore recommended that an organization uses a model as this will give the leaders a guideline on how to effect this change and make it acceptable (Boje et al., 2012). There are several models that have been suggested by researchers to help in change management. One of these is Kotter’s eight-step model, which is summa rized in detail in the table below (Kotter, 2007). By following the steps that have been suggested by Kotter above, there is a high likelihood of succeeding in the change process. However, critics have faulted the model for being mechanistic and assuming that all organization can chronologically follow these steps. It fails to acknowledge that organizations differ (Liguori, 2012). Additional advice It is important to see to it that there is e continued success in operations of the organization. Presently, Tesco has greatly diversified its operations. Though it can be seen as a good strategy for business in terms of spreading risk, it can choose to focus and specialize in a few of them. The expansion of the nonfood operations offers a greater potential than the others and hence it can choose to concentrate in this area due to the extensive demand for these products. This however, can be adversely affected by the economic environment. Therefore, an extensive assessment of potential risk factors should be made before investments in this unit are undertaken. Of importance is to note that sales here are generated by the consumer confidence levels and ratings. At present, these are quite low. There is also an increase in the demand for organic and natural product in the United Kingdom. Tesco therefore should take advantage of this opportunity to conform to these lifestyle changes and develop products in order to tap into these new markets. This would be more efficient if Tesco could lower the costs of production in order to ensure that the product prices are not so high and hence are available to the consumers. In conclusion, Tesco can penetrate into new markets such as the United States through its current penetration strategy into undiscovered markets as this has been effective in the past and still is. This is because the current retailers are not willing to delve into these markets. This would also require an extensive risk assessment especially in regards to transportation and supply as this would affect the cash flows .hence, it would be effective to use a clustered approach in development of stores instead of placing them indiscriminately. If it can penetrate the fresh foods market in the United states then they will continue to be successful as the demand for food is relatively inelastic and will not be adversely affected in case of economic downturns. References Anderson, R.E. & Swaminathan, S., 2011. Customer Satisfaction and Loyalty in E-Markets: A PLS Path Modeling Approach. The Journal of Marketing Theory and Practice, 19(2), pp.221 – 234. Bather, A. & Tucker, R., 2011. Legitimacy Theory and a Compliance Analysis of Tesco’s 2008 Business Review. International Review of Business Research, 7(2), pp.137-56. Benfari, R.C., 2013. Understanding and Changing Your Management Style: Assessments and Tools for Self-development. New Jersey: John Wiley & Sons. Benn, S., Dunphy, D. & Griffiths, A., 2014. Organizational change for corporate sustainability. Londin: Routledge. Bennett, J.L. & Bush, ?.W., 2013. Coaching for Change. New Jersey: Routledge. Boje, D., Burnes, B?. & Hassard, ?J., 2012. The Routledge Companion to Organizational Change. New York: Routledge. de Kervenoael, R., Canning, C., Palmer, M. & Hallsworth, A., 2011. Challenging market conventions: Supermarket diversification and consumer resistance in children’s apparel purchases. Journal of fashion marketing and management, 15(4), pp.464-85. Grabenwarter, U. & Weidig, T?., 2005. Exposed to the J-Curve: Understanding and Managing Private Equity Fund Investments. London: Euromoney Books. Hitt, L.M. & Tambe, P., 2012. The Productivity of Information Technology Investments: New Evidence from IT Labor Data. Information Systems Research, 4(1), pp.234-57. Hogg, M.A., Van Knippenberg, D. & Rast, D.E., 2012. Intergroup leadership in organizations: Leading across group and organizational boundaries. Academy of Management Review, 37(2), pp.232-55. Inman, M., O’Sullivan, ?N. & Murton, A?., 2014. Unlocking Human Resource Management. New Jersey: Routledge. Johnson, D. & Turner, ?C., 2010. International Business: Themes and Issues in the Modern Global Economy. New Jersey: Routledge. Kotter, J.P., 2007. Leading Change: Why Transformation Efforts Fail. Harvard Business Review, pp.1-10. Liguori, M., 2012. The supremacy of the sequence: key elements and dimensions in the process of change. Organization Studies, 33(4), pp.507-39. Lowe, M., George, G. & Alexy, O., 2012. Organizational identity and capability development in internationalization: transference, splicing and enhanced imitation in Tesco’s US market entry. Journal of Economic Geography, 12(5), pp.1021-54. Mahatma, I.G., Bakti, Y. & Sumaedi, S., 2013. An analysis of library customer loyalty: The role of service quality and customer satisfaction, a case study in Indonesia. Library Management, 34(6/7), pp.397-414. Maitah, M., 2010. How Culture Affects your Business. [Online] Available at: http://www.maitah.com/wp-content/How%20culture%20affects%20your%20business.pdf [Accessed 17 May 2014]. Matsushima, N., Sato, Y. & Yamamoto, K., 2013. Horizontal Mergers, Firm Heterogeneity, and R&D Investments. The BE Journal of Economic Analysis & Policy, 13(2), pp.959-90. Miozzo, M., Yamin, M. & Ghauri, P.N., 2012. Strategy and structure of service multinationals and their impact on linkages with local firms. The Service Industries Journa, 32(7), pp.1171-91. Palmer, A., 2012. Introduction to Marketing: Theory and Practice. Oxford: Oxford University Press. Plunkett, J.W., 2009. Plunkett’s E-Commerce and Internet Business Almanac 2009. Texas: Plunkett Research. Polak, P., Robertson, D.C. & Lind, M., 2011. The New Role of the Corporate Treasurer: Emerging Trends in Response to the Financial Crisis. International Research Journal of Finance and Economics, (78). Randall, G. & Seth, A?., 2011. The Grocers: The Rise and Rise of Supermarket Chains. New York: Kogan Page. Russ, T.L., 2011. Theory X/Y assumptions as predictors of managers’ propensity for participative decision making. Management Decision, 49(5), pp.823-36. Ryu, J.S. & Simpson, J.J., 2011. Retail internationalization: Lessons from† Big Three† global retailers’ failure cases. Journal of Business & Retail Management Research, 6(1). Taylor, M., 2014. The Success of Tesco’s International Expansion. Munich: GRIN Verlag. Tesco PLC, 2014. About Us. [Online] Available at: http://www.tescoplc.com/ [Accessed 11 5l 2014]. Tesco, 2012. Annual Review and summary Financial Statement 2012. London: Tesco PLC. The Guardian, 2013. How the horsemeat scandal unfolded – timeline. The Guardian, 15 February. Tseng, S.-M., 2011. The effects of hierarchical culture on knowledge management processes. Management Research Review, 34(5), pp.595-608. Tuten, T.L. & Solomon, M.R., 2012. Social Media Marketing. New York: Prentice

Rotc in the Philippines

ROTC: Empowering the youth for peace and progress â€Å"Why take the hard way, if there’s an easy way†, these are the words that will come out from the mouth of an average and malingering human being, but taking the Reserved Officer Training Corps as their National Service Training Program will make them no average human being. These Cadets like me stepped out from the rest, to be above all the rest. Taking up the Civic Welfare Training Service, will be no extra ordinary just like every civilian can do and unlike a militiaman can do.Not all students in the tertiary level have the guts and courage to take the ROTC as their chosen NSTP or to enter a Military Service, but why do you think these students outside the military profession did not take this path of being a future reservist, a defender of the republic and a keeper of harmony among the Filipinos? First, they say that in ROTC they will stand up under the heat of the sun for a long time, yes they will stand under t he heat of the sun, but that is part of their training however, they will not stand up that long that will be too hazardous for their wellbeing.Second, they say that Hazing is rampant and were being conducted to cadets in ROTC, but Hazing is clearly not tolerable in the organization, how will a Cadet, a youth will empower peace and progress if they will be exposed to unlawful violence such as hazing? Third, ROTC is full of burden and hardships. These people consider Physical Training as burden and hardships; these are only part and parcel of their training as Cadets and to be a future defender of the state.Physical training is for the betterment of their wellbeing and life when they came back as a civilian in the society, they entered a Military Service not a playground. These are the three common reasons on why these students who did not take the ROTC and rejected to be part of the corps. These students or even the civilian world perceived only the one side of the coin, the negativ e side of Military Service. In ROTC, it promotes patriotism, moral values, virtues, respect for rights of the civilian and adherence to the constitution, the core values on empowering peace and progress.These youths, the cadets are casted to be future leaders of our country and to be the hope of our nation, here where some of our finest warriors are products of the ROTC. They are equipped mentally, physically, socially, and emotionally. They are trained to be disciplined, to build a better personality, and to overcome weaknesses. Military Professionalism is not the only lesson taught here but as well as the Conduct of a good Civilian. ROTC is one good way of keeping the youth away from harmful vices. As Rizal quoted â€Å"The youth are the hope of the nation†.ROTC Cadets as part of the youth sector are the hope of the nation and one of the primary movers on empowering peace and progress of the nation. As they come back to civilian life they are prepared to be a soldier, a lea der, and a better civilian or member in the society. They are deployed as civilians to contribute in the development and progress of the society and nation. What Parents cannot taught and straighten up to their children for years, can be done and straighten in several Sundays in ROTC. Disciplined and cooperative members of the society are one of the ingredients for the peace and progress of the nation.The reservists, including the ROTC Cadets are the backbone of the Armed Forces of the Philippines and as well as the society. The ROTC Cadets, Reservists and the Regular Force together with their Civilian Counterparts are having a joined force for the betterment and the advancement of the Philippines. The Military especially the reserve force supports all civic welfare activities done by the government and some Non Government Organizations; in regard with this the Armed Forces of the Philippines launched the OPLAN Bayanihan that was criticized by numerous activists, leftists, and detra ctors.Despite of these criticisms, this operation was pursued and successfully continues to help the wellbeing of the civilians, such activities are food programs, medical missions, clean up drives, and other civic and humanitarian efforts, these is to promote peace and to prevent armed struggle among the Filipinos . In times of catastrophe and calamity the ready reserve force and a number of ROTC cadets are called to respond, help and rescue the people in need, after these, these soldiers remained in active duty to conduct relief operations.These duties and service to the nation may be done not only by the Cadets or men in military service, but also by people in the civilian community or any ordinary citizen in the society. Small actions can make a big difference. Men in uniform cannot do these things all by themselves effectively, but rather if the civilians will come in aid to them or cooperate with them big difference will come out, Peace and Progress in the Philippines. In this we can say that Military is no powerful or more useful than the civilians. Men in uniform have been trained to gain more abilities, but they are trained to phold the civilian supremacy at all times. The ROTC Cadets magnifies the epitomical image of an ideal Filipino who contributes to the progress and keeping the harmony among the Filipinos in the Philippines. This shows that the ROTC Cadets as a future reservist are the epitome of an ideal citizen of our country. A citizen that has a heart to sympathize his fellow Filipinos, and a soldier that has patriotism to preserve the peace and order in the country. Be a young hero, join the unit, be an ROTC Cadet! * CDT. DIEGO MARIANO Rotc in the Philippines ROTC: Empowering the youth for peace and progress â€Å"Why take the hard way, if there’s an easy way†, these are the words that will come out from the mouth of an average and malingering human being, but taking the Reserved Officer Training Corps as their National Service Training Program will make them no average human being. These Cadets like me stepped out from the rest, to be above all the rest. Taking up the Civic Welfare Training Service, will be no extra ordinary just like every civilian can do and unlike a militiaman can do.Not all students in the tertiary level have the guts and courage to take the ROTC as their chosen NSTP or to enter a Military Service, but why do you think these students outside the military profession did not take this path of being a future reservist, a defender of the republic and a keeper of harmony among the Filipinos? First, they say that in ROTC they will stand up under the heat of the sun for a long time, yes they will stand under t he heat of the sun, but that is part of their training however, they will not stand up that long that will be too hazardous for their wellbeing.Second, they say that Hazing is rampant and were being conducted to cadets in ROTC, but Hazing is clearly not tolerable in the organization, how will a Cadet, a youth will empower peace and progress if they will be exposed to unlawful violence such as hazing? Third, ROTC is full of burden and hardships. These people consider Physical Training as burden and hardships; these are only part and parcel of their training as Cadets and to be a future defender of the state.Physical training is for the betterment of their wellbeing and life when they came back as a civilian in the society, they entered a Military Service not a playground. These are the three common reasons on why these students who did not take the ROTC and rejected to be part of the corps. These students or even the civilian world perceived only the one side of the coin, the negativ e side of Military Service. In ROTC, it promotes patriotism, moral values, virtues, respect for rights of the civilian and adherence to the constitution, the core values on empowering peace and progress.These youths, the cadets are casted to be future leaders of our country and to be the hope of our nation, here where some of our finest warriors are products of the ROTC. They are equipped mentally, physically, socially, and emotionally. They are trained to be disciplined, to build a better personality, and to overcome weaknesses. Military Professionalism is not the only lesson taught here but as well as the Conduct of a good Civilian. ROTC is one good way of keeping the youth away from harmful vices. As Rizal quoted â€Å"The youth are the hope of the nation†.ROTC Cadets as part of the youth sector are the hope of the nation and one of the primary movers on empowering peace and progress of the nation. As they come back to civilian life they are prepared to be a soldier, a lea der, and a better civilian or member in the society. They are deployed as civilians to contribute in the development and progress of the society and nation. What Parents cannot taught and straighten up to their children for years, can be done and straighten in several Sundays in ROTC. Disciplined and cooperative members of the society are one of the ingredients for the peace and progress of the nation.The reservists, including the ROTC Cadets are the backbone of the Armed Forces of the Philippines and as well as the society. The ROTC Cadets, Reservists and the Regular Force together with their Civilian Counterparts are having a joined force for the betterment and the advancement of the Philippines. The Military especially the reserve force supports all civic welfare activities done by the government and some Non Government Organizations; in regard with this the Armed Forces of the Philippines launched the OPLAN Bayanihan that was criticized by numerous activists, leftists, and detra ctors.Despite of these criticisms, this operation was pursued and successfully continues to help the wellbeing of the civilians, such activities are food programs, medical missions, clean up drives, and other civic and humanitarian efforts, these is to promote peace and to prevent armed struggle among the Filipinos . In times of catastrophe and calamity the ready reserve force and a number of ROTC cadets are called to respond, help and rescue the people in need, after these, these soldiers remained in active duty to conduct relief operations.These duties and service to the nation may be done not only by the Cadets or men in military service, but also by people in the civilian community or any ordinary citizen in the society. Small actions can make a big difference. Men in uniform cannot do these things all by themselves effectively, but rather if the civilians will come in aid to them or cooperate with them big difference will come out, Peace and Progress in the Philippines. In this we can say that Military is no powerful or more useful than the civilians. Men in uniform have been trained to gain more abilities, but they are trained to phold the civilian supremacy at all times. The ROTC Cadets magnifies the epitomical image of an ideal Filipino who contributes to the progress and keeping the harmony among the Filipinos in the Philippines. This shows that the ROTC Cadets as a future reservist are the epitome of an ideal citizen of our country. A citizen that has a heart to sympathize his fellow Filipinos, and a soldier that has patriotism to preserve the peace and order in the country. Be a young hero, join the unit, be an ROTC Cadet! * CDT. DIEGO MARIANO