Saturday, December 28, 2019

The Role of Leader in a Diverse Organisation Free Essay Example, 2500 words

Blake and Mouton (1985) recognize that the Team Leader is the most successful type of leadership, however, they also justify the value of the other three types. There are certain situations which may call for one of the other three. By playing the impoverished leader, the team is challenged to gain self-reliance. With an authoritarian leader, a sense of discipline is instilled especially in unmotivated members. A country club leader is great for members whose self-esteem suffers because of the feel-good strategies this leader employs. A good leader would know how to discern which type of leadership he will use in particular situations in order to achieve the best results. Blake and Mouton s leadership grid is very sensible in classifying leaders in whatever environment. A leader needs to objectively reflect which grid he falls under and work towards which type of leadership is best suited for the group he works with. In research reported by French, Simpson, and Harvey (2001), a good leader is also equipped with negative capability . The underpinning image of leadership is based on knowing and is manifested through activity, work, and achievement. We will write a custom essay sample on The Role of Leader in a Diverse Organisation or any topic specifically for you Only $17.96 $11.86/page

Friday, December 20, 2019

How Can We Treat Terror Organizations With Dignity And...

As global citizens, we must come to treat all persons with compassion, dignity, and respect. Yet, when others do not show us these same thoughtful gestures in return – or perhaps they even spit in the face of these attributes – continuing to treat them with compassion, dignity, and respect becomes challenging for every person in this situation. How must we confront the bully who torments us every day – stealing our lunch money, leaving us hungry and with no control? How must we handle extreme religious groups who trample on the rights of others – when these extreme groups truly think that what they are doing is right? How can we treat terror organizations with dignity and respect when these groups spread fear across the nations – destroying justice and acting unethically in much of what they do? Finally, how can we treat in an upstanding, ethical manner when they themselves treat no one this way? Philosopher Immanuel Kant maintains that we must trea t all persons –bullies, extremists, and terrorists alike - with the human foundations of dignity and respect. In this essay, I will further investigate the ethics of responding to extremism using a Kantian ethical approach. Kantian ethics has its foundation built on the concepts of fairness and justice – two ideas directly opposed by extremist groups. In a world where inequality and injustice often seem to win, Kantian ethics ask us to go beyond our individual desires and act on what are called categorical imperatives. TheseShow MoreRelatedFaithful Citizenship10006 Words   |  41 Pagesnation, we share many blessings and strengths, including a tradition of religious freedom and political participation. However, as a people, we face serious challenges that are clearly political and also profoundly moral. 2. We are a nation founded on â€Å"life, liberty, and the pursuit of happiness,† but the right to life itself is not fully protected, especially for unborn children, the most vulnerable members of the American family. We are called to be peacemakers in a nation at war. We are a countryRead MoreAnimals Used in Research1458 Words   |  6 Pageson the nature of animals, their differences with humans and the natural order of living things.†(Singer pg. 167). Many philosophers have argued that man has an obligation to treat animals well, not only for that sake of humanity but for sake of the animals. It is this reason that many animal activist groups and organizations have come into existence. Someone has to have a voice for all creatures great and small. Many people believe that an animal’s sole existence is to only benefit the human raceRead MoreThe United States1941 Words   |  8 PagesStates, habeas corpus became a legal act after the country established it s independence. However, it is evident that the global War on Terror today is more complicated than any other conflict. And the results when they have been used. Then the second part of the curriculum will be a part of Unit Nine in the New Haven School District, the Civil War. What is the War on Terror and will it ever end or will the United States always be at war? 2. It also stated that they must be given the right of US CitizensRead MoreEthics3978 Words   |  16 PagesErin Broker 8/30/2009 Kaplan University Unit 9 Final Project Introduction Ethics is the area of study that deals with morality and how we make decisions about how we behave as individuals and how our actions reflect our values and conduct towards one another. This class focused on two viewpoints that helped us define morality and how to apply it in new ways of thinking and reasoning when dealing with issues in our lives: consequential reasoning and non-consequential reasoning. ThroughRead MoreGenocide in Darfur Essay2011 Words   |  9 Pagesrepresented a series of terminal images. Therefore, I believe Raphael Lemkin created a word that best suited the horrific events that were occurring, His determination in naming this unknown terror that was claiming millions of lives, allotted for an understanding of the gravity of the situation. Now we] can grasp this term in new context in a large region of Sudan called Darfur . Although Darfur has a history of violence and suffering, this genocide is the main cause of death and war that is destroyingRead MoreEnte rtainment Media Ethics : Music And Music Videos8248 Words   |  33 Pagesentitlement of White people (Baran, 2009:210). In Nigeria, the same can be said. Current music and music videos reflect the priorities of young people today. It not uncommon to deduce the following themes in Nigerian music and music videos today: sex, alcohol, smoking, ostentatious living, quick money, parties, etc. And so, the question will be: are these really the values that music makers intend to leave behind? This is where ethics comes in. How should artistes balance the need for entertainment, the needRead MoreRacism in America3527 Words   |  15 Pagesprograms such as affirmative action, empowerment through education and positive cultural images of African-Americans, Asian-Americans, Arab-Americans and Latinos displayed by the media can help solve the problems of racism. By attacking the issues of racism positively and proactively we as a society of diverse cultures can eliminate and solve the reoccurrence of racism in America. Key Words: racism, discrimination, affirmative action, diversity, equal rights, culture  Read MoreIsrael Palestine Conflict, an International Relations Research Paper8749 Words   |  35 Pages.3 Research questions †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦3 Introduction †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦5 The Palestine problem and need for a solution ...†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..............7 * Refugees * Israeli settlements * Palestinian terror * Israeli repression * Water * Jerusalem The ‘Two- State’ Solution †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦....15 The ‘Two-State’ Solution: An analysis using IR Theories†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..........18 * Realism * Liberalism A ‘Bi-National’ Israel-Read MoreIsrael Palestine Conflict, an International Relations Research Paper8755 Words   |  36 Pagesà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦..à ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦5 The Palestine problem and need for a solution ...à ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦..............7 * Refugees * Israeli settlements * Palestinian terror * Israeli repression * Water * Jerusalem The à ¢Ã¢â€š ¬Ã‹Å"Two- Stateà ¢Ã¢â€š ¬Ã¢â€ž ¢ Solution à ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦.à ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦..à ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦....15 The à ¢Ã¢â€š ¬Ã‹Å"Two-Stateà ¢Ã¢â€š ¬Ã¢â€ž ¢ Solution: An analysis using IR Theoriesà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦..à ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Read MoreSources of Ethics20199 Words   |  81 PagesCouncil on Bioethics: 39 The European Union’s: 43 2.22- GENETICAL BEHAVIOR: 44 2.23- ETHICS OF BEHAVIOR HAS A BIOLOGICAL BASIS? 47 Behavioural Ethics And Genetics Study: 48 Implications of Behavioural Genetics Research In Society: 50 How the genes influence behaviour and ethics: 52 2.3- PHILOSOPHICAL: 55 2.31- Contribution Of In Ethics By The Source Of Philosophical Systems: 55 2.32- Contribution of Aristotle: 57 2.33- Contributions By Other Important Philosophers: 58

Thursday, December 12, 2019

The Movie Industry Analysis Essay Research free essay sample

The Movie Industry Analysis Essay, Research Paper Introduction The Movie Industry is one of the most exciting and enlightening concern in the universe, a concern where the gross of a individual characteristic movie can near or transcend $ 1 billion. In 1994, U.S. consumers spent over $ 6 billion on film tickets and another $ 34 billion on overseas telegram Television and picture purchases and leases. In 1996, worldwide gross grosss generated by gesture images in all districts and media ( including music and ancillaries ) amounted to over $ 40 billion. These figures were merely a fraction of entire amusement spendings worldwide, spent largely on American-made films. Over 70 % of the population rents or goes to films on a regular basis, this histories for over 1.5 billion film attending # 8217 ; s each twelvemonth in the United States. Strategic Issues: 1 ) # 8220 ; Blockbuster-ability # 8221 ; , or the ability to systematically bring forth a broad assortment of popular movies at a net income ; 2 ) Expanding distribution channels into the accessory markets where net income borders are higher ; and 3 ) The value and deepness of movie libraries, which extend a movie # 8217 ; s life rhythm and gererate grosss far into the hereafter. Key Problems Cost- Film net incomes are rare and hard to mensurate. There are high promotional and selling costs which include fees paid to exhibitioners, distributions fees, operating expenses, interset and disbursals ( paid normally to studios distributers ) . These combined costs greatly cut down the gross sream fluxing to the manufacturer and net net income participants. In add-on, certain direction determinations made in the beginning, whether or non to engage # 8220 ; star # 8221 ; endowment as opposed to an unknown can be rather dearly-won, although this kind of determination may guarentee box office success of the film. Diversification A ; Integration- The ability to work a film in many markets diminishes investing hazard and increases gaining possible. Diversification and integrating into accessory markets can turn a film that has lost money stagily into a picture market victor. Unfortunately, if the studio is a little independent it may be prohibitory to diversify. If the studio is a # 8220 ; major # 8221 ; that is non already diversified, the competition and cost to make so would be important factor. Barriers to entry for independents- The most obvious barrier to entry is the high cost of acquisition. Larger studios owe their endurance to ample resources, which afford them the ability to endure box office catastrophes. Small studios would non needfully be able to last box office failures. Major studios besides have an advantage in their ability to keep distribution webs across the state and in foreign markets. This ensures that their movies get to theatres and telecasting screens. Competition- Thousands of screenplays are in developement at any given clip but merely 450 to 500 really become gesture images. Of those, about 173 are really released to the theatres. Even so, the success at the box office is non guaranteed because that success is ever capable to public penchant. Historical tendencies in the industry- Feature gesture images have historically had one major beginning of gross in the United States and abroad, # 8221 ; The film theater. # 8221 ; Industry statistics reveal that in the past 10 old ages at that place has been an overall addition of at least 30 % in many accessory markets and over 200 % in the instance of place picture. Nowadays much of the universe is undergoing a mass communications revolution ; hence, new film markets such as place picture, overseas telegram and pay-per-view have been turning so quickly that they are no longer merely accessory markets to the basic theatrical market but have become basic markets in themselves. The latest technological frontier for gesture image companies was in direct-access Television through telephone lines. With the coming of the new computer-based engineerings, # 8220 ; overseas telegram # 8221 ; markets and direct digital-delivery of gesture images via orbiter and the Internet are expected to increase dramatically over the following five old ages, making an accelerated demand for original and re-run gesture images. DATA ANALYSIS What is the competitory environment? There are 1000s of screenplays in development at any given clip, nevertheless each twelvemonth merely 450 to 500 of these are produced into gesture images. Although the bulk undergo chief picture taking in the United States, about 60 to 80 are shot offshore ( including Mexico and Canada ) . Of these about one-third semen from the big leagues ( Disney, Sony, ( Columbia-Tristar ) , Warner Brothers, Universal, Paramount and Twentieth Century Fox ) and about two-thirds from the # 8220 ; mugwumps # 8221 ; . # 8220 ; Independents # 8221 ; are those companies engaged in the production and/or distribution worldwide in all media of all gesture image and telecasting plans that are non generated by the recognized major studios. It includes those independent productions, even those distributed by a major studio, in which the manufacturer retains a important ownership involvement and is at hazard for a important part of the production cost. Of the 450 to 500 characteristic movies produced each twelvemonth, merely 155 were given a theatrical release in 1994, 169 in 1995 and 195 in 1996. Thus a important figure of characteristics do non acquire a theatrical release but are released straight to place picture and other media. Producing and/or financing these films are about 6 major studios, 50 to 80 major independent production companies and over 1,200 smaller independent production companies. The domestic market portion is equally distributed. Any major alterations in the market? *** ( The Movie Industry by James Jaeger ) . Increased foreign demand for U.S films is reflected in the fact that recent export gross revenues to foreign markets hit an all clip high in 1997. The European foreign market histories for 56 % of planetary grosss generated by English linguistic communication. One of the most attractive markets is centered around the Far East, Japan being the largest. Focus on Asiatic subjects has produced many films that clearly reflect this tendency. By and large talking, if an English-language movie made for U.S. release does good domestically, it becomes popular in foreign markets, peculiarly in Europe. All of this popularity and success internationally has non come without a monetary value. Some states began to kick about the spread of American civilization due to the film industry. In order to comfort these ailments, Disney and Miramax announced in October 1994 the creative activity of a company to advance the distribution of Gallic movies in the United States and increased support to Gallic film makers. Relaxed enforcement of the 1948 antimonopoly edict under Reagan disposal which allowed Universal, Paramount, and Columbia to get involvements in assorted theatre ironss. Quickly altering demographics. Shriveling population of 13 to 25 twelvemonth olds who would traditionally see every bit many as 12 movies per twelvemonth. Real growing audiences were going both younger and older. The older group ( 40-49 ) appreciated mature subjects ; those with kids were besides attracted to household oriented films. Distribution media is dynamic. Get downing in the late 1980 # 8217 ; s, accessory markets ( pictures, Television, overseas telegram, or pay per position ) began to emerge as the high-growth section in the industry. This growing had a negative impact on box office gross revenues as ticket growing was limited by the comparatively cheap handiness of films outside the traditional theatre. Key Industry Financial Statistics: * Admission Revenues * Average Cost per Film * Profitability ( by Operating Margin Percentage ) Consequences of past selling schemes and current selling strategies- Control and enlargement of distribution channels has ever been a primary aim of major studios. In 1950, many theatres were owned by major film studios. This represented a tendency toward perpendicular integrating into theatres. This risk-reduciton scheme combines the production, distribution, and exhibition maps under the studio # 8217 ; s control. The distribution form seen in theatres was reproduced in accessory markets. As with theatre exhibition, movies in the gesture image industry began to vertically incorporate into these media, having overseas telegram Stationss, Television webs, and picture ironss. Even more late, engineering has improved to include such province of the art sing options as Pay-Per-View, Digital Video Disc ( DVD # 8217 ; s ) , satellite telecasting, and Home Theater ( environ sound ) . Synergistic Video and computing machine games are another immense new market that is quickly spread outing. Accessory markets have proven to be priceless beginnings of gross as in the instance of Star Wars and Jurassic Park. There were such by-products as playthings, games, Jerseies and freshness points. These spin-off gross revenues may finally be every bit important as grosss the image has already earned in assorted other markets. Significant socio/economic tendencies *** ( Entertainment Industry and the Environment # 8211 ; Internet ) Many studios and production installations have developed comprehensive environmental policies. Many studios have organized undertaking forces made up of assorted section caputs to supervise the execution of these policies. They began recycling plans and so closed the cringle by buying recycled merchandises, including office paper, tissue merchandises, towels and toner cartridges. The film industry has proven they are in melody with consumer penchants when between 1991 and 1993, film companies cleaned up their movies by increasing the figure of G rated films. Analysis OF STRATEGIC ISSUES SWOT Analysis Disney Strengths # 8211 ; Reputation, high criterions set by Disney. Diversity A ; experience in animatio N Weaknesses # 8211 ; Dependence on life. Disney # 8217 ; s need to continually attract artistic endowment for its life portfolio. Reliance on visibleness and name acknowledgment for selling advantages. Opportunities # 8211 ; Old films ; new release straight to video. Development of the international sell-through market could let Disney to duplicate or treble its foreign picture grosss by the twelvemonth 2000. Threats # 8211 ; Damaged repute due to enlargement into mix of film subjects in the industry. R-rated thrillers ( Pulp Fiction ) ( The Crying Game ) . Warner Brothers Strengths # 8211 ; consistent path record and ability to avoid dearly-won bombs. Noteworthy success worldwide. Fulfilled motion-picture fans # 8217 ; desire for Westerns when other studios did non. Ability to set together production trades with independent production companies. Their movie library day of the months back to 1949 and consists of over 1800 movies. Weaknesses # 8211 ; Inability to maintain up with competition ( Disney ) . Opportunities # 8211 ; Warehousing and administering advantages with its music division. Video release of certain blockbuster hits on a direct sell-through footing. Warner Brothers Network ( The WB ) and the Full Services Network ( FSN ) . Warner Brothers would be a direct rival with Paramount to obtain broadcast Stationss as web affiliates and the FSN would offer pay per position, place shopping and picture games. Threats # 8211 ; Disney and Universal are major rivals at the box office. Paramount Pictures Strengths # 8211 ; Vertically integrated, owns a assortment of accessory markets. Relatively little house library as compared to others in the industry, but the value per each rubric is important. Repute of being # 8220 ; blockbuster male monarchs # 8221 ; . Weaknesses # 8211 ; Loss of individuality due to the amalgamation with Viacom. Paramount is so diversified and each of its subordinates has maintained its ain name doing a lessened acknowledgment of the Paramount name. Opportunities # 8211 ; Viacom-Paramount so big and successful, it should be able to profit from the development of multimedia services worldwide. Threats # 8211 ; So diversified this company could be in danger of losing the Paramount name. Dreamworks and other up and coming mugwumps # 8217 ; may present a menace. Twentieth Century # 8211 ; Fox Strengths # 8211 ; Consolidation of Twentieth Century Film Corporation, Fox Television Stationss and Fox Broadcasting has benefited the company with the release of gesture images to telecasting via the pictures, wage per positions and the sole licensing understanding with HBO. Weaknesses # 8211 ; Reliance on a little figure of # 8220 ; blockbusters # 8221 ; and a limited figure of movies being produced. Diversification appears to be limited to overseas telegram and web Television. Opportunities # 8211 ; Creative confederations that aid the company in cut downing fiscal hazards through the development of diversified production and distribution cost mixes. Twentieth Century Fox will go on to profit from their international market. For illustration, Fox has licensed gesture images to British Sky Broadcasting and to Star Television ( Asian Television ) . They have besides launched a overseas telegram programming service in Latin America. Threats # 8211 ; Fox has limited their growing of many accessory markets and hence has failed to maintain gait with the competition. Universal Pictures Strengths # 8211 ; Universal Pictures has subordinates that green goods and administer non-theatrical movies, gesture images and telecasting. Universal Pictures and their subordinates have amassed a movie library of over 6000 rubrics that include such movies as Jurassic Park whose entire grosss exceeded 8 billion. Weaknesses # 8211 ; Now Japanese owned, Universal is limited in their ability to diversify due to direction determinations caused by the Nipponese recession. Opportunities # 8211 ; Ability to spread out into different markets such as the plaything, games, etc. ( Will they take advantage of this ) ? Threats # 8211 ; Much of Universal # 8217 ; s success can be attributed to the long clip relationship between the company # 8217 ; s CEO A ; their prima manager Steven Spielberg. Mr. Spielberg has started his ain movie studio, Dreamworks which is expected to be yet another major studio. The creative activity of Dreamworks caused internal strife between the Nipponese parent company and U.S. subordinates. Sony Pictures Entertainment ( Columbia-Tristar ) Strengths # 8211 ; Sony purchased Columbia # 8211 ; Tristar in 1989 and has doubled its monetary value to gross revenues ratio value as of 1994. Concentration scheme ( they make films ) . Weaknesses # 8211 ; Depressed net incomes, high production costs and inordinate disbursement. Lack of diverseness. Opportunities # 8211 ; Availability of engineering from other countries of the house ( Sony ) . This affords them the advantage of staying on the film editing border for new technological developments in the film industry ( DVD # 8217 ; s, computing machine enhanced movies ) . Threats # 8211 ; Lack of accessory markets due to old debt place which made the company potentially attractive for coup detat. Recommendations: Where is this industry presently headed? The film and amusement industries are taking the usage of information engineering to an extreme. They have embraced the engineering and are utilizing it for everything from on-line publications to games to particular effects for our favourite films. Video releases continue to supply a great trade of net incomes for many of these studios. The amusement industry has ever been a leader in the usage of new industry engineerings. Since the reaching of the digital age, houses that one time focused on a movie production are now bring forthing synergistic Cadmium ROMS, Digital VideoDiscs and production studios are even offering WEB services. The channels of bringing have broadened significantly. Where should each of these major studios be headed? Disney has benefited from great leaders, visionaries over the old ages. The focal point has ever been quality and invention. The Disney Brand is good known all over the universe and as the organisation continues to spread out both with merchandises and geographically, attention must be taken to guarantee the Disney name and repute. Warner Brothers is making a all right occupation of revving up of their accessory markets. They are presently good diversified. I recommend that Warner should go on on the same way nevertheless, this rapid growing could intend problem. They should put in eventuality programs throughout their organisation to extenuate the hazard of rapid enlargement into different accessory markets. Paramount Pictures, touted as the # 8220 ; blockbuster male monarch # 8221 ; , should retrieve that picking hits is still mostly guessing. In order to better their place and guard against a clip when they may non be the # 8220 ; blockbuster male monarch # 8221 ; ; Paramount must develop a program to sharply increase its movie library. ***** Twentieth Century Fox relies to a great extent on blockbuster movies and produces merely a little figure of movies each twelvemonth. They have limited themselves to overseas telegram and web telecasting in the accessory markets. Fox is to a great extent involved in many other countries, News Corp. , Fox News Channel, Fox TV A ; Fox Family Channel. I believe they are # 8220 ; losing the boat # 8221 ; with respect to the picture market. The picture market is one that continues to bring forth net incomes long after the films are really made. Cosmopolitan Pictures can impute much of its success to Steven Spielberg. When he left to organize Dreamworks, Universal began to see some in-fighting. Although Spielberg ab initio used Universal for foreign distribution, I do non anticipate this to go on as Dreamworks # 8217 ; continues to hold such successes as this summer # 8217 ; s # 8220 ; Salvaging Private Ryan # 8221 ; . Since there was so much trust on Spielbergs # 8217 ; name and movies, I feel that Universal will non be able to keep their ability to vie with the other big leagues. The antecedently mentioned in-fighting merely magnifies this job. My first recommendation is that Matsushita expression for a purchaser for MCA and Universal. Preferable a company with experience in this industry, one that would take advantage of the chances with the accessory markets every bit good as new chances with the amusement park operations. If this is non possible, my 2nd recommendation is that Universal should sharply work towards a formal reappraisal of their current concern schemes and do the first order of concern to decide the in-fighting. All of direction both the parent company and the U.S. executives should be # 8220 ; on the same page # 8221 ; . If this is accomplished, a program should be developed to aline themselves with some other successful managers and/or recognizable and respected industry leaders. If none of this is possible, I do non believe this company will last. Sony ( Columbia-Tristar ) If Sony ( Columbia-Tristar ) is traveling to go on with this # 8220 ; concentration scheme # 8221 ; of theatre exhibition merely, they must do a concentrated attempt to better their grosss, cut down disbursement, and cut costs. This could be accomplished through # 8220 ; endowment purchasing # 8221 ; . The company could use professionals to assist in geting either histrions or managers with # 8220 ; star power # 8221 ; that would better the odds of film # 8217 ; s success. I besides feel that Sony should put more accent in their engineering division and should concentrate in that sphere. They remain on the technological border and could perchance derive the prima place within that market. With accent in the Research and development division the possibility of new market portion is endless. Plants Cited: 1. Gunther, Marc. # 8220 ; The Rules Harmonizing to Rupert. # 8221 ; Fortune October 26, 1998 issue 2. Family Motion Pictures # 8211 ; Industry Statistics hypertext transfer protocol: //www.familymotionpictures.com/merch/ 3. Jaeger, James. # 8220 ; The Movie Industry. # 8221 ; hypertext transfer protocol: //www.mecfilms.com/movie.htm

Wednesday, December 4, 2019

Occupiers Liability in Retail Industry †Free Samples to Students

Question: Discuss about the Occupiers Liability in Retail Industry. Answer: Introduction The law of tort is a common law principle which aims at making good to the loss suffered by the aggrieved party because of the actions (inactions) of the wrongdoer. The wrongdoer is legally duty bound to act or not to act in a certain manner which when not followed results in causing harm or damage to the aggrieved and thus the wrongdoer is legally compelled to make good the loss so suffered. The law of tort is a bundle of laws, such as, negligence, misrepresentation, defamation, trespass, etc. However, in the present essay an attempt is made to understand the legal components of negligence and misrepresentation in real life business situations. A brief analysis is done on the factors that lead to negligence and misrepresentation, their consequences, defense available, how a person can take an action against negligence or misrepresentation and what is the role of the public authorities to protect the people from such tortuous acts. An attempt is made to study torts as they apply to business situations, in particular the torts of negligence and misrepresentation. Negligence The legal components In the law of negligence, if any customer suffers injuries on the premises of the retailer then such retailer must compensate for such losses under the law of negligence and is established in Australian Safeway Stores v Zaluzna (1987). The law emphasis that, every retailer must comply with his duty so as to avoid any kind of negligence. But, it is first important to understand the main legal components of negligence which the plaintiff must prove against the retailer. (Sadler, 2002) That the Retailer is under the legal duty to provide care to the plaintiff In 1932, a business situation arose in a leading case of Donoghue v Stevenson, wherein, the manufacture was held to be under duty to provide products which are safe to his consumers. The manufacture is duty bound against his neighbors (who are reasonable foreseeable and sharing proximate relationship with him) and this duty must be performed in all manners. Likewise, in 1999, in Perre v Apand, because of the supply of defective seeds by the defendant to the neighbors of the plaintiff, a five year ban was imposed not on the neighbors but to all the farmers who are within 20Km from the farm of the neighbors. The plaintiff action against the defendant was held valid as the defendant owns a duty of care against entire plaintiff who he can reasonably foresee. Thus, every business must carry out his acts or inactions with all due care so that no injury is caused to any of his neighbors. That the retailer is not able to comply with the said duty, that is, there is breach of duty of care Every business or retailer must ascertain the risk involve, precautions that are practically required; gravity of risk and impact; the importance of the conduct of the defendant. If the duty undertaken by the retailer fall short of the standard that is required then there is breach of duty. Blyth v Birmingham Waterworks Co. (1856) was a business situation wherein because of failure of plug installed by defendant, loss is caused to the plaintiff (flood incurred causing damage to the house of the plaintiff). The court held that the defendant has not complied with the required standard of care and there is breach. That because of the breach of duty there is damage that is caused to the plaintiff The Plaintiff must suffer damage that must because of the act or inactions of the defendant (causation) and the damage so incurred is not remote. Overseas Tankships (UK) v Miller SS Co [1967] is a business situation wherein the loss that is caused was too remote and thus the defendant was not held negligent. Misrepresentation - The legal components When a false statement is made by one party to another with the aim to induce the other party to establish a contract with the party that is making the statement then such an act is an act of misrepresentation provided the statement so made is not made part of the contract, that is, the term of the contract. The main legal components that are required to establish misrepresentation are: (Misrepresentation, 2017) A statement of fact is made by one party (defaulting party) to another (aggrieved party). Statements of opinion, law, or future intention may at times be considered as the statement of fact. The statement of fact must be relied on by the aggrieved party and is the basis for forming of contract with the defaulting party; The statement must not be silence in nature and must be positive in nature; Normally, when any statement is found to be misrepresented then the aggrieved party refer his case under misleading and deceptive conduct. Many a times misrepresentations even incur when advice or directions are provided to customers, or even just members of the public. In such situations it is very important that adequate care must be carried on. In 1964, in Hedley Byrne Co Ltd v Heller Partners Ltd, the first bank provided a creditworthiness report of one of its client to another bank. The second bank requires the report before granting loan to the said client. The report provided by the bank was misrepresented. It is a real life business situation where in a statement of fact was provided by one party knowing that the other party will rely on the same before making any decision. Thus, it was found to be a clear case of misrepresentation and the contract that was established was found to be based on misrepresentation. (Sadler, 2002) Also, when there is a case of quality and safety of goods and services supplied by a retailer/prover, then, such retailer must not make any statement of fact which is false and which is relied on by the other party prior establishing a contract with such retailer. In a real business situation, Butcher v Lachlan Elder Realty Pty Limited (2004), the plaintiff was buying a house through the defendant which has made false statements of facts regarding such house. The act was a clear case of misrepresentation and thus it is the duty of the defendant under law to make such statements of fact which are true and not deceptive or misleading. Thus, these are the two tort laws that are normally found to be applicable in business situations. However, it is now important to understand as what actions can be undertaken by the aggrieved once the elements of negligence or misrepresentation are framed against the defendant. Actions to be taken Once the defendant is found to be negligent or incurred misrepresentation against the plaintiff there the plaintiff is eligible to take action against such defaulters. The plaintiff can be either a consumer, member of the public, or any other party who is affected by the actions of the business. Such persons might take action against the business. When a plaintiff is aggrieved because of the negligent action of the retailer or the manufacture then such plaintiff can take an action under common law for the recovery of damages or injuries sustained by him because of the use of the defective/harmful goods (The Law Hand Book, 2017). The claims dealing with negligence are usually raised by the plaintiff either in Supreme Court or the County Court; however, it is the Magistrate Court that issues the same. The case can be initiated by making a complaint or with the help of a writ. (The Law HandBook, 2017) Once a misrepresentation is established against the defendant, then the plaintiff is permitted to take civil action against such defaulter. Once an action is initiated by the plaintiff against the defendant, then, it is now important to understand the consequences that might by faced by the defendant. Once a business is found to be negligent or making misrepresentation in his actions, then there are few consequences that can be faced by such defendant. The injured or disgruntled client has suffered some loss and the loss can be claimed from the defaulter. When the defendant is found to be negligent in his actions then the main consequences that are normally faced by him are: (The Law Hand Book, 2017) Special damages- the out of pocket expenses falls under special damages category. For example, if because of the negligent action of the retailer some medical problem is faced the plaintiff then the ambulance charges, loss of earning, incidental expenses can be recovered from the defendant. General damages The loss caused because of pain, suffering, future earnings, falls under general damages. Misrepresentation A misrepresentation is an offence under the competition and Consumer Act 2010. As per section 151 of the Act, maximum penalty that can be faced by a body corporate is $1,100,000 and for individual is $220,000. In a real business situation of ACCC v Cadbury Schweppes Pty Ltd[2004], a misleading statement is made that fruit extracts are contained which in reality it does not. Thus, the defendant faced penalties under law. If any retailer for the promotion of goods or services is making any kind of misrepresentation then a notice can be serviced against him by the Australian Competition and Consumer Commission and can ask for information which substantiate the claims. Further, the aggrieved party has every right to rescind the contract which is based on misrepresentation. Once the consequences are established against the defendant, the law has still provided few remedies to such defendant and there are defenses that can be availed by the defendant in order to protect his interest. Thus, the defenses that can be availed in cases of negligence and misrepresentation are analyzed herein under. When a plaintiff claims to be injured because of the negligent action of the defendant then there are two main defenses that are normally sought by such aggrieved. They are, firstly, voleti non fit injuria, which signifies that the loss that is caused to the consumer is not because of the negligent action of the retailer but the consumer has voluntary assumed the risk confining that the same will cause some kind of harm to him; secondly, contributory negligence, which implies that the loss that is caused to the consumer is because of the negligent action if the retailer and the consumer both and thus the retailer can mitigate his liability proportionality. (Sadler, 2002) Misrepresentation Once a retailer, manufacturer, etc are found to be making misrepresented statements then the action of misrepresentation can be filed alginate them. However, there are few defenses that can be availed by them. The same are: When the defendant while making the statements is of the belief that the said statement is true; That the defendant has made all reasonable efforts so that the plaintiff does not rely on the statement of made on behalf of the defendant or by his employees; That the misrepresentation is not made by the defendant; Under these circumstances a defendant can protect himself. Now it is important to understand whether there is any role for statutory or public authorities who should be protecting the interests of Australian (or even non Australian) interests or parties. It is not individuals, retails manufacturers etc who are alone imposed with duty of care to avoid any kind of negligence or a duty to provide statement of facts that are true in order to avoid representation, rather, the public authorities are also casted with the legal duty to protect the interests of Australian (or even non Australian) interests or parties. In 1995, in Councilof theShireofSutherland v Heyman, the council was held negligent in its actions when it failed to inspect the building resulting in causing harm to the defendant. Thus, the public authorities also play a significant role to avoid any kind of tortuous wrong in the interest of parties. Conclusion Thus, though negligence and misrepresentation are the two important laws that are relevant in business situations, but, there are various other kids of torts that must also be considered, such as, trespass, nuisance, passing off, etc. Thus, the law of tort plays a significant role in business situations and the legal components of such torts must be analyzed adequately in order to avoid any kind of hardship. Reference List P Sadler (2002) Occupiers Liability in the Retail Industry , Legal Issues in Business, The Retail Industry - Volume 4, 2002 Trindade and Cane (1999) The Law of Torts in Australia , Melbourne, 436. ACCC v Cadbury Schweppes Pty Ltd[2004]. Australian Safeway Stores v Zaluzna (1987). Blyth v Birmingham Waterworks Co. (1856). Butcher v Lachlan Elder Realty Pty Limited (2004). Councilof theShireofSutherland v Heyman (1995). Donoghue v Stevenson [1932]. Hedley Byrne Co Ltd v Heller Partners Ltd [1964]. Overseas Tankships (UK) v Miller SS Co [1967]. Perre v Apand (1999). Misrepresentation (2017) (Online). Available at: https://www.unistudyguides.com/wiki/Misrepresentation. Accessed on 31st August 2017. The Law HandBook (2017) Actions for negligence (Online). Available at: https://www.lawhandbook.sa.gov.au/ch10s02s09.php. Accessed on 31st August 2017. The Law HandBook (2017) Negligence, liability and damages (Online). Available at: https://www.lawhandbook.org.au/10_01_01_negligence_liability_and_damages/. Accessed on 31st August 2017. The Law HandBook (2017) False or misleading representation (Online). Available at: https://www.lawhandbook.sa.gov.au/ch10s03s03s03.php. Accessed on 31st August 2017.