Data Base Management Free Essays

Data Base: It is the collection of data regarding an individual, group of people working together, a department in an organization or an organization.[1] Types of Data Base: Depending on the number of people, database is classified into 4 types. 1. We will write a custom essay sample on Data Base Management or any similar topic only for you Order Now   Ã‚  Ã‚  Ã‚  Ã‚   Personal Database:   It is for an individual or single user. 2.  Ã‚  Ã‚  Ã‚  Ã‚   Workgroup Database:   If the employees number is in between 10-15 people. 3.  Ã‚  Ã‚  Ã‚  Ã‚   Department Database: It is for 15-50 employees. 4.  Ã‚  Ã‚  Ã‚  Ã‚   Enterprise Database: If the no of employees is more than 50 people. Database Model: A Database Model is a visual plan for building a database. It focuses on representing the data as the user actually sees it, bridging between the concepts that make up real-world events. Raw Data This is the process in which, raw data is collected and is converted into information which is the filtered raw data. Then, the information is described in the proper form called as the meta data which is the data description and this data is collected to form a database. So, database is the organized collection of related data. Data Definition: One very important role of a database management system is to maintain the data definitions for each table and columns in the database.   Each piece of data must be assigned a name, a data type (e.g. date, alphanumeric, numeric) and a mandatory/optional status.[2] Architecture: There are three levels in the design architecture of the database. 1.  Ã‚  Ã‚  Ã‚  Ã‚   User design:   It can be used by any no of users. It is operational database. 2.      Logical design: It is the logical structure of database. It is irrespective of the hardware or other things. It concerns only with logical structure. 3.  Ã‚  Ã‚  Ã‚  Ã‚   Physical design: It concerns with the hardware requirements of the data base. It is not related to either the user or the logical structure. There are different types of DBMS products: relational, network and hierarchical etc but the most commonly used database management system by most of the commercial organization is the Relational Database Management Systems (RDBMS). Data Structures: Data structures (fields, records, files and objects) optimized to deal with very large amounts of data stored on a permanent data storage device (which implies relatively slow access compared to volatile main memory). Database Project: The database project would be developed in different stages like 1.  Ã‚  Ã‚  Ã‚  Ã‚   Initiation which includes the gathering and defining the data and their types. 2.  Ã‚  Ã‚  Ã‚  Ã‚   Planning of the requirement and how to generate the required outputs. 3.  Ã‚  Ã‚  Ã‚  Ã‚   Design which includes two parts 1.  Ã‚  Ã‚  Ã‚  Ã‚   Physical Design: Gathering the hardware requirements. 2.  Ã‚  Ã‚  Ã‚  Ã‚   Logical Design:   Designing the logical structure of database. 4.  Ã‚  Ã‚  Ã‚  Ã‚   Implementation in which we provide the required data to the database. 5.  Ã‚  Ã‚  Ã‚  Ã‚   Maintenance: It includes the proper co-ordination of the input and the  Ã‚  Ã‚   requirement. Maintenance: The database project will be maintained using a repository server which provides all the required data and logical functions that are used in the project. Deploy: It is a process of delivery of the output obtained in the project to the client who sends the feed back depending on the report he receives. References: Encyclopedia: Data base management systems, Retrieved 12:06, 17 December 2007. https://en.wikipedia.org/wiki/Database Book: Robert V.Henry, Data Base Management System. Internet blog: 1. Information Technology Toolbox, Inc. (1998-2007) http://database.ittoolbox.com/ 2. Database Management systems. .http://dbms.ca/ [1] Encyclopedia:   Data base management systems, Retrieved 12:06, 17 December 2007. https://en.wikipedia.org/wiki/Database [2] Information Technology Toolbox, Inc. (1998-2007) http://database.ittoolbox.com/ How to cite Data Base Management, Essay examples

Essay On The Declaration Of Independence Example For Students

Essay On The Declaration Of Independence Every college student knows that the economic and trade-financial policy of England became the driving force towards the emergence of the struggle of colonies for their freedom. The entire socio-political structure of the colonies was subordinated to the idea of civil equality, which became a stimulus to the ideological and political opposition of this society and the aristocratic monarchy of England in the 18th century. On this topic was carried out an argumentative essay, rhetorical analysis and other kinds of analysis by many people. Hence, this theme will be actual and always important. Since these historical events have made a shift in the history of not only one country, but of all mankind. Jefferson wrote the Declaration of Independence and made a revolution in history in 1776. This person left a large imprint in USA and world history as a politician and statesman. He positioned himself as an active participant in the liberation of the colonies, which ultimately led to the height of the war for freedom and ideals of the declaration of independence creation. Despite the fact that he gained a reputation as a silent deputy, his main force was the word on paper. Jefferson wrote the brochure A Summary View of the Rights of British America. He noted and vindicated the right of self-government of the English power. His thoughts became nothing more than a call for action. The one vital document in the American coup was the Declaration that justified the reasons for the uprising, which Jefferson wrote. The dominant theme of this document was the goal of the fighting for liberty. He reaffirmed this goal with the introduction of American unification and independence in the name of creating a free and democratic state. It was noticed that each colony could not achieve this alone, so it is possible only by joint efforts to resist the dictates of the metropolis. He adhered to the goal of uniting thirteen colonies as free and independent of the power of England. This activist not only described what needs to be done but also justified the expediency of this and arguments. Possession of deductive logic made this not just as a text, but nothing else as a call to action on the path to freedom. Formats of the Declaration Many are interested in such a question as  how effective and persuasive the Declaration of Independence would be in a different format, for instance, with syllogistic documents. As for the literary point of view, the effectiveness would not have been achieved to such a level as with the original. Few people recognize that Jefferson’s draft has its source in some paratext that is mysterious and still not discovered. But we know for sure, that Thomas managed to make his declaration persuasive thanks to the use of a simple language that unites into one whole. With the help of deductive arguments, he was able to be persuasive through the use of examples of the unlawful actions of the authorities of England. This is what contributed to the fact that the person who read this document could clearly understand why it is essential to fight for their freedom from this power. The entire declaration reflects the arguments about how the power of Great Britain violates the natural rights of man, but on the contrary, hinders them. He also described how the king did not answer back to petitions about unjust actions, which reflected his unfair government format. With the help of these real facts, they lost the feeling of loneliness, and a sense of unity appeared, which in turn can be a real force. As a result, everyone started to fight for their rights. .uc5df54cddf4012219a44b23dc864bd41 , .uc5df54cddf4012219a44b23dc864bd41 .postImageUrl , .uc5df54cddf4012219a44b23dc864bd41 .centered-text-area { min-height: 80px; position: relative; } .uc5df54cddf4012219a44b23dc864bd41 , .uc5df54cddf4012219a44b23dc864bd41:hover , .uc5df54cddf4012219a44b23dc864bd41:visited , .uc5df54cddf4012219a44b23dc864bd41:active { border:0!important; } .uc5df54cddf4012219a44b23dc864bd41 .clearfix:after { content: ""; display: table; clear: both; } .uc5df54cddf4012219a44b23dc864bd41 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .uc5df54cddf4012219a44b23dc864bd41:active , .uc5df54cddf4012219a44b23dc864bd41:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .uc5df54cddf4012219a44b23dc864bd41 .centered-text-area { width: 100%; position: relative ; } .uc5df54cddf4012219a44b23dc864bd41 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .uc5df54cddf4012219a44b23dc864bd41 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .uc5df54cddf4012219a44b23dc864bd41 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .uc5df54cddf4012219a44b23dc864bd41:hover .ctaButton { background-color: #34495E!important; } .uc5df54cddf4012219a44b23dc864bd41 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .uc5df54cddf4012219a44b23dc864bd41 .uc5df54cddf4012219a44b23dc864bd41-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .uc5df54cddf4012219a44b23dc864bd41:after { content: ""; display: block; clear: both; } READ: Soccer Essay IntroductionHe changed the famous traditional form of the natural rights of man, which belonged to J. Locke. Thomas replaced â€Å"property† with â€Å"the pursuit of happiness.† It is the proclaimed right to the pursuit of happiness that turns out to be the holy of holies of this declaration, which was generally pronounced democratic and truly revolutionary. The deep sense of the document The  activist himself saw in the proclamation of this document something more than just independence and liberty.  This was the first official state document in history that proclaimed the principle of popular sovereignty as the basis of government. That was its progressive meaning. The Declaration of Independence for the first time fixed the principle of popular sovereignty, which demanded that the source of power was not the identity of an absolutist monarch, but the people themselves, as an aggregate (political community) of free citizens. For the first time, the value of natural, inalienable human rights was recorded in a political-legal document. Americas experience shows that the assessment of the illegal actions of the government by the people led to a revolution and an uprising. Ultimately, they overthrew the power, established and approved their laws and their own power, which they considered really fair. These historical events did not pass by Europe, made their mark of public resonance throughout the world. The key merit of T. Jefferson lies in the fact that he served not only the good and prosperity of his homeland, where his role is certainly great and significant but also the world community as a whole. Since his activities and his ideas were of great significance for the whole world. The talent to bring humans together and resist the pressure of just using the text only confirms the incredible talent of this person. In conclusion, Jefferson was a man of the turn of the eighteenth and nineteenth centuries, sometimes had such advanced political and social ideals (prohibition of the death penalty; toleration; prohibition of the slave trade and slavery), to which modern society came only not long ago. The Declaration of Independence is a very complicated document that wouldn’t bring such effectiveness in any other format. It is undoubtedly difficult to overestimate the significance of this document. Many may agree with the fact that if USA declaration was written in a dissimilar way, it is not known what our world would be today.

Impact of Interactivity of Electronic Word

Question: Discuss about the Impact of Interactivity of Electronic Word. Answer: Introduction This study is a marketing audit that aims to identify and evaluate the business opportunities and threats in the market. The focus is made on Aldi, which is a supermarket chain, operating the business at international level. The aim of the organization is to provide high quality grocery products at the minimum possible price. Currently, the company has total 10000 stores, which are situated in 18 different countries. However, as the market competition has increased nowadays, it is important for the company to verify its current opportunities and threats in the market. Apart from identifying the market opportunities and threats, the study or the marketing audit also evaluates the organizations segments and decision-making process of the consumers. Identifying the market opportunities and threats Aldi is a supermarket chain, which is operating its business since 1913. The market of the company covers the countries like, Australia, Denmark, Poland, Germany, France, Hungary, Spain and 11 others (Aldi.com.au, 2016). As per the current report on the grocery retail industry in Australia, it can be said that the annual growth rate of the industry is not bad. The industry report shows that the annual growth rate of Australias grocery retail industry is 4.1% (Mahmud, 2015). The industry report also shows that Aldi is one of the top most performers in this industry. In last five years, the company has achieved tremendous growth. The overall revenue of the industry is $105 billion (Voigt, Buliga Michl, 2016). In the market researches, the experts have identified that the growth of Australias grocery retail industry will continue for next 3 to 4 years. Therefore, it is good news for Aldi that along with the industrial growth, Aldi will also enjoy the growth opportunities for next 3 to 4 years (Berman, 2015). In order to identify the macro environment of the company in a better manner, the analysis of the industry can be done with the help of PESTLE framework. The PESTLE analysis is shown below: Factors Current situation Political Australia is one of the most politically stable countries in the world. The stable political condition has also helped the grocery industry operating business successfully. The level of corruption is very low, which helped the companies maintaining their price at the standard level (Voigt, Buliga Michl, 2016). The new federal government in Australia helped the small and large organizations in operating their business activities by providing proper infrastructure. Economic The economy in Australia is currently facing fiscal deficit. Due to the fiscal deficit, the Australian Government became failure to meet or fulfill all of the promises that it has made to different industries in the country. Per capital GDP of the company has decreased in the last five years (Ododo, Mulholland Turner, 2015). Due to this, the investments in the companies in Australia have also dropped down. Social The Australian society includes a mixed culture. The people in this society like to maintain the tradition and at the same time, they also adopt the new things or changes. This actually helps the companies bringing new products in the market. In case of grocery products, the people always prefer the fresh, healthy and hygiene products (Berman, 2015). Technological The technological infrastructure in Australia is much developed. The companies and the supermarkets in the country get the opportunity of improving their business by utilizing the advanced technological infrastructure of the country. Legal In Australia, the companies are required to follow the legal guidelines provided by the government of the country. The laws related to the minimum wage level, workplace safety and employment rights must be maintained by each company in the country (Brandes Brandes, 2015). At the same time, the legal boundaries implemented by the government for protecting the environment are also needed to be maintained. Environmental The people in Australia are much conscious about the natural environment of the country. Due to this, the companies in this country require to take part in the CSR activities related to the protection of natural environment. Therefore, in the above analysis of the macro environment and the current industrial situation, it can be stated that there is high growth opportunity for Aldi in the coming financial years. At the same time, it can also be said that if the company is able to maintain the quality of the products, then it can easily attract the new customers in the Australian market (Weisenfels, 2015). However, the major threat for the company is the economic condition of the country. The continuous fiscal deficit in the last five years has decreased the investment opportunity, which is creating problem for the company. Apart from that, the growth of grocery industry indicates that there is high competition in the market, which is another threat for Aldi. Describing the nature of competition in the industry and comparing Aldi with its competitors In the above discussion, it has been identified that the competition in the supermarket industry in Australia is very high. The industry has positive growth rate in the market and there is much scope of business expansion in this particular industry. Apart from Aldi, there are two more major player in this industry and those are Woolworths Limited and Coles Supermarkets Australia Pty Ltd (Haddock-Millar Rigby, 2015). These two business organizations are not only operating successful business in Australia, but they are also throwing high level of competition to Aldi. If the current business condition of Aldi is analyzed, then it can be identified that the wide business base is one of the major strengths of the company. Aldi has expanded its business in many areas in Australia (Aldi.com.au, 2016). On the other side, the product range of the company is also large. The company is more popular for the quality of its grocery products. Many people in Australia are the loyal to Aldi. This means the loyal customer base is also the strengths of the company. Apart from these, the company also has strong financial base (Aldi.com.au, 2016). As the business of Aldi is expended in several areas and the company is capable of earning good amount of revenue per year, the financial health of the company is much strong (Aldi.com.au, 2016). This strong financial base helps the company in continuous improvements. However, if the comparison is made with the other two giant organizations that are Woolworths and Coles, then it can be identified that most of the strengths of Aldi are not unique. Woolworths Limited and Coles Supermarkets are also having loyal customers. Moreover, Bder (2015) mentioned that the business expansion of Woolworths is more in Australia in comparison to Aldi. At the same time, it is also true that the competitors of Aldi also have strong financial base. However, in this context it can be said that in recent past, the financial strength of Woolworths Limited has declined. At the same time, it is also true that though the financial strength of Woolworths Limited has declined, it is still the major player in the supermarket industry in Australia (Block et al., 2016). On the other side, in comparison with the competitors, it can be identified that the product ranges of Woolworths Limited and Coles are much wider than that of Aldi. This means it is the weakness of Aldi that i t has failed to increase its product range much. There is another weakness of Aldi and that is lack of experienced employees. It has been identified that in comparison with Woolworths Limited and Coles Supermarkets, the company has recruited fresher employees than that of experienced people (Karimi, Papamichail Holland, 2015). Due to this, many times the company faces problems at the time of managing the outlets as well as the stores. Another weakness of Aldi is that the price range of the products of Aldi is much lower than that of the other competitors in the market. Though most of the time customers look for the products at low price range, very low price range sometimes creates questions in the minds of the customers regarding the quality of the products (Yoo, Kim Sanders, 2015). Aldi is facing this particular problem. As the price range of the company is low from the beginning, it cannot increase the price suddenly. At the same time, the company is also loosing many customers due to the very low price range of the products. Therefore, from this discussion, it can be said that Aldi has several strengths in this current business scenario. However, the high level of competition from the side of Woolworths Limited and Coles Supermarkets is creating some problems for the company. Wide product range and strong financial base of the competitors have increased the weakness of Aldi (Simkin, 2016). Though the company has expanded in many areas in Australia, it requires more business expansion as well as business improvements for future growth. Identifying and analyzing the market segments of Aldi Aldi is operating its business in the market of Australia for many years. In order to identify the market segments of the company, it is very important to analyze the customer base of Aldi with the help of STP model. This particular model helps understanding the market segments, target markets and positioning strategies of a particular company. If the customer base of Aldi is analyzed with the help of STP model, then it can be identified that the company has segmented the market on the basis of the demographic and psychographic factors. In case of demographic segmentation, the company has concentrated on the elements like, income and age of the people (Aldi.com.au, 2016). The company has divided the market in three segments based on the income group of the people. These three segments are High income group, Middle income group and Low income group. After segmenting the market, the company has targeted the middle income group only (Aldi.com.au, 2016). This is because the number of people in the middle class income group is more in Australia. Due to this, the company has more scope of increasing the market share by targeting the people in the middle class income group (Adner, Ruiz-Aliseda Zemsky, 2016). On the other side, the company has also divided the market into two segments based on the age group of the people. These two segments are People in the age group between 20 to 30 years and People of above 30 years age group (Aldi.com.au, 2016). The company has primarily targeted the people, who are above the age of 30 years because most of the grocery items are purchased by the people of this particular age group. However, the people between the ages of 20 to 30 years are the secondary target market of the company. The number of customers in this particular age group is less and so the company has considered these people in the secondary target market (Aldi.com.au, 2016). Apart from the demographic segmentation, the company has also segmented the market based on the psychographic factors. The company has mainly concentrated on the lifestyles of the people and divided the market into two segments people, who prefer fast lifestyle and people, who prefer to lead traditional lifestyle (Aldi.com.au, 2016). Between these two segments, the second one is the primary target market of Aldi and the first one is the secondary target market for the company. Discussion on the decision-making process of the target market of Aldi In the above discussion, it has been identified that the primary target markets of Aldi are the middle class income group, who are in between the age group of 20 to 30 years and like to lead the traditional lifestyle. If the buying behavior or the decision-making process of the primary target market of Aldi is analyzed with the help of the generic theory of consumer buying behavior, then it can be identified that the people in the primary target market of Aldi prefer their actual need first while taking the purchasing decision people (Karimi, Papamichail Holland, 2015). The price level is the most important factor that the primary target market of Aldi considers first. The people in this particular target market have limited capacity of purchasing the products. Due to this, they always look for the products at moderate price level (Block et al., 2016). At the same time, quality is another important factor that the consumers under the primary target market of Aldi always consider while taking the purchasing decision. The people always prefer to have the quality at satisfactory level as per the prices of the products (Adner, Ruiz-Aliseda Zemsky, 2016). Apart from the price and quality, the consumers also consider the looks or packaging of the products. Therefore, the decision making process of the primary target market of Aldi is as follows: In the above diagram, it can be identified that there are five stages included in the decision-making process of Aldia customers. The first stage of consumers decision making process is awareness creating. At this stage, the consumers or the target market of the company becomes aware of the products and services of the company. This is very vital stage because this stage creates the first impression of the company (Haddock-Millar Rigby, 2015). Due to this, Aldi always takes care of the promotional activities. The second stage is verifying the products and services of the company by discussing with the other people. As the target market of Aldi includes the people of middle income group, they always clearly verify the products before investing the money in purchase. People generally ask their friends who already have used the products of Aldi. After that, the third stage is visiting the stores of Aldi (Weisenfels, 2015). At this stage, the consumers physically come at the stores of A ldi to verify the products closely. The fourth stage is verifying the products closely. At this stage, the consumers closely check the products and try to match that with the feedbacks given by their friends. The last stage is taking the final decision. If the consumers become satisfied during the verification, then they take the purchasing decision (Brandes Brandes, 2015). Therefore, the above discussion is indicating that in order to influence the decision making process of the primary target market, Aldi always requires focusing on the promotional activities. The positioning statement of the company can be as following: The positioning of Aldi aims to provide the best quality products at the affordable price range. The company focuses on the providing the proper worth to the consumers spending, so that it can deliver the best products and services to the customers. Conclusion In this study, it has been identified that the macro environment and the industrial condition is much favorable for the business development of Aldi. However, there is huge competition in the market and the company is trying hard to compete with the competitors. The major competitors of the company are Woolworths Limited and Coles Supermarkets. The company has several strengths though it requires focusing on its product range. The company has segmented the market as per the demographic and psychographic factors and the primary target market of the company follows five stages during the decision making process. Reference list: Adner, R., Ruiz-Aliseda, F., Zemsky, P. (2016). Specialist versus generalist positioning: Demand heterogeneity, technology scalability and endogenous market segmentation.Strategy Science,1(3), 184-206. Aldi.com.au. (2016). Aldi.com.au. Retrieved 27 December 2016, from https://www.aldi.com.au Bder, M. (2015). Strategic Analysis of the John Lewis Partnership plc. Berman, B. (2015). How to compete effectively against low-cost competitors.Business Horizons,58(1), 87-97. Block, L. G., Keller, P. A., Vallen, B., Williamson, S., Birau, M. M., Grinstein, A., ... Moscato, E. M. (2016). The Squander Sequence: Understanding Food Waste at Each Stage of the Consumer Decision-Making Process.Journal of Public Policy Marketing,35(2), 292-304. Brandes, D., Brandes, N. (2015).Bare Essentials: The Aldi Success Story. Linde Verlag GmbH. Haddock-Millar, J., Rigby, C. (2015). Business Strategy and the Environment: Tesco PlcS Declining Financial Performance and Underlying Issues.Review of Business Finance Studies,6(3), 91-103. Karimi, S., Papamichail, K. N., Holland, C. P. (2015). The effect of prior knowledge and decision-making style on the online purchase decision-making process: A typology of consumer shopping behaviour.Decision Support Systems,77, 137-147. Mahmud, H. (2015). Competitors analysis and financial analysis of Maximus mobile. Ododo, C., Mulholland, G., Turner, J. (2015, November). Can Discount Pricing Be A Comeptitive Brand Strategy? An Evaluation of Aldi. InInternational Conference on Marketing and Business Development Journal(Vol. 1, No. 1, pp. 241-251). Bucharest University of Economic Studies Publishing House. Simkin, L. (2016). 11 Segmentation.The Marketing Book, 271. Voigt, K. I., Buliga, O., Michl, K. (2016). Striving for Customer Benefit: The Case of Aldi. InBusiness Model Pioneers(pp. 11-24). Springer International Publishing. Voigt, K. I., Buliga, O., Michl, K. (2016).Business Model Pioneers: How Innovators Successfully Implement New Business Models. Springer. Weisenfels, M. (2015). Consumers bear the Consequences Aldi and Lidl are fueling Competition in the Grocery Business. Yoo, C. W., Kim, Y. J., Sanders, G. L. (2015). The impact of interactivity of electronic word of mouth systems and E-Quality on decision support in the context of the e-marketplace.Information Management,52(4), 496-505.

Partnering of Suppliers and Customers

Introduction Partnering is the development of good and effective strategic relationships (Loraine 1993, p. 13). This is mostly between suppliers and customers. The main aim of partnering is to have a sustainable competitive advantage. In partnering, various stakeholders are supposed to transform their businesses while embracing various relationships and processes. They can also embrace leadership and better ways of communication through good business practices.Advertising We will write a custom report sample on Partnering of Suppliers and Customers specifically for you for only $16.05 $11/page Learn More Transformation in partnering should be done as a joint activity (Loraine 1993, p. 15). Framework contracting on the other hand is an agreement with different suppliers. The main aim of framework contracting is to establish different terms that will be used to govern contracts (Schein 1985, p. 9). These contracts can be awarded over a given period of time . The terms that govern these contracts are normally established in regard to quantity and price. In a broad perspective, framework contracting sets out the terms and conditions that will guide the agreement. Partnering and framework contracting complement each other in a broad way. This is because they are used to come up with good conditions under which more collaborative ways can be enhanced between contractors and their clients (Schein 1985, p. 9). Framework contracting and partnering can encourage a close correspondence in business dealings. This therefore yields a scale of improvements. In addition, they are inclusive and imprecise concepts that capture a wide range of attitudes. Partnering captures the spirit of cooperation that is needed for a successful contract. Framework contracting and partnering are used when stakeholders want to develop a good strategic partnership (Child 1984, p. 11). Partnering and framework contracting come up with broad based contractual commitment s that can be used for long term strategies. Discussion A project in construction is an activity that has specific conditions, a budget, responsibilities, goals and a plan. Projects should have a starting date and an end date. There are various parties that are involved in projects. These parties have diverse interests that are supposed to be taken care of. There are various aspects that are involved in project management and enforcement (Child 1984, p. 18). This ensures that activities are carried out in the most effective way. For a project to be successful, it must have a good plan. This will ensure that things are done in the most efficient manner (Pheysey 1993, p. 17). In a broad perspective, all aspects of the proposed project are supposed to be explored for sustainability. Projects have various advantages and disadvantages. Proper project implementation can improve the quality of a product. This is because projects have a time frame and plan by which they are supposed to be e xecuted. Projects can bring about an improvement in team productivity because they involve various stakeholders with a common goal (Pheysey 1993, p. 19). This means that various interests will be satisfied as a result of the project. As much as companies should bid for good projects through partnering and framework contracting, management tasks can end up being an overhead to the success of the project.Advertising Looking for report on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More This therefore means that projects need a lot of attention and commitment. On the other hand, diverse interests and goals can frustrate a project. This will be brought about by distinct missions and objectives. Strategic partnering can be said to be structured collaborations between organizations. The main aim of strategic partnering is to take advantage of emerging market opportunities (Green 1995, p. 14). Strategic partnering is meant to res pond to customers more effectively and efficiently than one could have done in isolation. Apart from sharing skills and resources, partnering can also allow partners to share risks. There are various advantages of strategic partnering. Strategic partnering can bring about an improvement in a company’s cash flow (Green 1995, p. 18). This can also reduce overhead costs in one way or the other. Strategic partnering can also act as an avenue to access technology and facilities. Through partnering, a company will be able to improve its credibility and capital flow. This strengthens relationships with suppliers and customers and in the long run reduces costs. There are various disadvantages that come about as a result of strategic partnering. For instance, there might be various barriers to future financing opportunities (Latham 1994, p.9). This can end up with the foreclosure of other important business opportunities. For strategic partnering to be successful, partners should clea rly assess themselves. This is because there might be unexpected disappointments and headaches. Strategic partnering can also bring about a lot of distractions because of the commitments that bind partners together. Framework contracting can be described as an agreement with different suppliers (Latham 1994, p.9). The main aim of framework contracting is to establish different terms that will be used to govern contracts. These contracts can be awarded over a given period of time. The terms that govern contracts are normally established in regard to quantity and price. In a broad perspective, framework contracting sets out the terms and conditions that guide agreements. As a matter of fact, it has various advantages. Advantages will mostly be seen in the outsourcing of goods and services. In addition, it will be able to develop good strategic relationships that can be used to advance a company’s long term objectives. Framework contracting in a broad way enhances processes with in an organization and its partners (Bresnen 1990, p. 14). This means that it can be used as an interesting option for sustainability. In addition, there will be better avenues of evaluating and monitoring initiatives. Disadvantages arise from the assessment of various outcomes. This means that there will be problems in assessing success (Bresnen 1990, p. 18). Framework contracting can lead to an increase in prices that will be used to compensate for additional costs.Advertising We will write a custom report sample on Partnering of Suppliers and Customers specifically for you for only $16.05 $11/page Learn More These will likely scare away potential partners and investors. It also has a disadvantage of bringing about additional enforcement mechanisms (Argyris . Schà ¶n 1978, p. 21). Framework contracting can be used to come up with good conditions under which more collaborative avenues can be enhanced between contractors and their clients. Collaborativ e contracts can be used to ensure that work is done in a more effective way. These contracts are mostly agreements that are used to enhance good relationships. They can be trade agreements, lease agreements and rental agreements. A trade agreement is a contractual arrangement that defines various trade relations. These agreements are meant to reduce barriers and enhance trade (Green 1995, p. 18). Trade agreements increase the value of commitments amongst various partners. Enhanced protection will increase economic gains as a result of these agreements. Trade agreements allow for free movement of capital and services. These agreements have various weaknesses. For instance, they increase the cost of trade and business. On the other hand, they might also cause problems among various partners (Latham 1994, p.16). A lease agreement is a commitment that guides the relationship between the owner of a property and the person who is leasing it. It is a contract that outlines the conduct of t wo different partners (Argyris .Schà ¶n 1978, p. 21). Lease agreements can help the collaborators to save on costs (more so the person who has leased). In this case, they will also build a good working relationship that can be used to enhance skills (Latham 1994, p.19). Some of these lease agreements can increase costs. This can involve various levels and types of insurance coverage. There can be weaknesses in the validation process of lease agreements. A rental agreement can also be termed as a lease. This is where the asset is a tangible property. This agreement defines the conduct of various parties involved (Brown 1995, p. 9). In addition, it has a stipulated period under which it will be considered valid. Such agreements if well enforced can save on costs. There are various weaknesses in accounting and disclosure of income. This should be dealt with to ensure that there are no organizational challenges. Every business can be engaged in a new contract every now and then. As a m atter of fact, there might be problems with the interpretation of clauses. This can mostly be seen in oral contracts (Roe 1996, p.23). Oral contracts can be either unilateral or bilateral. Litigation issues can also arise in the interpretation of various clauses.Advertising Looking for report on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More In addition, new contracts can also have multi-tiered clauses. Such a problem can potentially demand for additional time to interpret different clauses (Roe 1996, p.23). This will ultimately increase the time needed to enforce a given contract. Conclusion Coherence in partnering should be seen as a strategy in business. On the other hand, there are numerous organizational and economic factors that can either inhibit or encourage partnering. There are various differences between the rhetoric and reality of partnering. In a broad perspective, partnering can deal with lack of integration and fragmentation that have in numerous occasions defined important features of an industry. Partnering and framework contracting complement each other in a broad way. This is because they are used in coming up with good conditions under which more collaborative ways can be enhanced between contractors and their clients. Framework contracting and partnering can encourage a close correspondence in busin ess dealings. In addition, they are inclusive and imprecise concepts that capture a wide range of attitudes. Partnering captures the spirit of cooperation that is needed for a successful contract. Framework contracting and partnering are used when stakeholders want to develop a good strategic partnership. Partnering and framework contracting come up with broad based contractual commitments that can be used for long term strategies. Reference List Argyris, C. Schà ¶n, A., 1978. Theory in practice. San Francisco: Jossey Bass Bresnen, M., 1990. Organizing construction. London: Routledge. Brown, A., 1995. Organizational culture. London: Pitman. Child, J., 1984. Organization. London: Harper Row. Green, R., 1995. Partnering and alliances: theory and practice. Richardson TX: Society of Petroleum Engineers. Latham, M., 1994. Constructing the team. London: HMSO. Loraine, R. K., 1993. Partnering in the public sector. London: Business Round Table. Pheysey, D. C., 1993. Organizational cultur es. London: Routledge. Roe, M., 1996. Partnering: the legal aspects. London: Masons Solicitors. Schein, E., 1985. Organizational culture and leadership. San Francisco: Jossey Bass. 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Actus Reus Paper Essays

Actus Reus Paper Essays Actus Reus Paper Essay Actus Reus Paper Essay ACTUS REUS: OMISSION CAUSATION The general basis for imposing liability in  criminal law  is that the defendant must be proved to have committed a guilty act whilst having had a guilty state of mind. The physical elements are collectively called the actus reus and the accompanied mental state is called the mens rea. It is the fundamental duty of the prosecution to prove both of these elements of the offence to the satisfaction of the judge or jury beyond reasonable doubt. In the absence of such proof the defendant will be acquitted. ACTUS REUS An actus reus consists of more than just an act. It also consists of whatever circumstances and consequences are recognised for liability for the offence in question in other words all the elements of an offence other than the mental element. The term actus reus has been given a much wider meaning by Glanville Williams in his criminal law. He says : When he use the technical tern actus reus we include all the external circumstances and consequences specified in the rule of law as constituting the forbidden situation. Reus must be taken as indicating the situation specified in the actus reus as on that, given any necessary mental element, is forbidden by law. In other words, acus reus means the whole definition of the crime with the exception of the mental element – and it even includes a mental element in so far as that is contained in the definition of an act. Actus reus includes negative as well as positive elements. For example, as stared earlier, the actus reus of murder is the causing of death of a person. It also includes circumstances, such as the person whose death has been caused was not as a consequence of a sentence or death given to him or that the death was caused within the territorial jurisdiction of the state. OMISSIONS IN CRIMES Omissions are controversial for two main reasons_ first, whether and to what extent it is justifiable omissions rather than acts; and secondly, whether liability for omissions rather than act requirement in criminal law. Pursuing the second point here, much has been made above of the importance f requiring proof that the defendant voluntarily did something to produce prohibited conduct or consequence. In so far as this can be termed an ‘act requirement’, are omissions a true exception to it? If they are, is this another argument against criminalizing them? One much-discussed preliminary question is the distinction between acts and omissions. Sometimes it is argued that certain verbs imply action and therefore exclude liability for omiss ions, and that the criminal law should respect. The distinctions flowing from this. English courts have often used this linguistic or interpretive approach. It has led to a variety of decisions in different statutes, without much discussion of the general principles underlying omissions liability. The law commissions considerably draft criminal code may be said to signal the continuation of this approach, by redefining the homicide offences in terms of ‘causing death’ rather than ‘killing’, and refining the damage offences in terms of ‘causing damage’, rather than ‘damaging’, so as ‘to leave fully open the courts the possibility of so constructing the relevant (statutory) provisions as to impose liability for omissions’. The draft cod would therefore remove any linguistic awkwardness in saying, for example, that a parent killed a child by failing to feed it; but it does so in this specific instance, and without proclaiming a general principle, that the act requirement may be fulfilled by an omission of a duty can be established. Attachment to the vagaries of the language is no proper basis for delineating the boundaries of criminal liability. In some situations the courts, following the linguistic approach, have nevertheless found themselves able to impose omissions liability. In Speck (1977)3 the defendant was charged with committing an act of gross indecency with or towards a child. The evidence was that an 8 yr old girl placed her hand on his trousers over his penis. he allowed that hand to remain there for some minutes, causing him to have an erection. The court of appeal held that the defendants failure to remove the hand amounted to an invitation to the child with the act, or it created a duty in an adult to put an end to the innocent touching of this kind, with omissions liability for not fulfilling the duty. The analysis is similar to that in miller (1983) where D fell asleep whilst smoking, woke up to find the mattress smouldering, but simply left the room and went to sleep elsewhere. He was convicted of causing criminal damage by fire, on the basis that a person who initiates a sequence of events nnocently and then fails to do anything to stop the sequence should be regarded as having caused the whole sequence. On this view the conduct constitutes a single, continuing act; Miller caused the damage because he took no steps to extinguish the fire he had innocently started. It must be doubted whether these efforts to find an act which then coincides in point in point of time with defendants knowledge and intentions are convincin g. surely the courts are imposing liability for an omission on these cases, by recognizing that a duty arises. Speck is a little different from miller since the original act of the speck was of the girl, and the duty must therefore amount the recognition of an obligation on an adult to put an end to the indecent yet innocent touching by a child. In so far as these decisions appear to extend the statutory wording, are they objectionable on grounds of retroactivity and lack of fair warning, or defensible as applications of existing common law doctrine to new situations? In other situations it seems possible to offer plausible reasons for regarding the same event as either an act or an omission, and in some cases the courts have sought to exploit this ambiguity when dealing with problematic medical issues. Yet it is one thing to say that a healthcare professional who decides not to replace an empty bag for a drip-feed has made an omission, whereas switching a ventilator off is an act; is another thing to maintain that the act-omission distinction should be crucial to any determination of the criminal liability in the two situations. In Airedale NHS trust v bland (1993)the house of lords held that it would be lawful for a doctor to withdraw treatment from a patient in a persistent vegetative state, even though death would inevitable be hastened by that conduct. The house held that the withdrawal of treatment would constitute and omission, and thus regarded the duties of the doctor as the central issue. The decision was that the doctor a doctor has no duty to continue life supplying treatment when it is no longer in the best interest of the patient, having regard to responsible medical opinion. However the court of appeal declined to adopt this subterfuge in Re A(conjoined twins: Surgical separation), holding that the surgical separation of the twins would undoubtedly an act, and subsequently deciding that carrying out an operation which would result in the death of one twin in order to save the life of other could be justifies on the grounds of necessity. This demonstration of the fragility of the act-omission distinction of the vagaries fthe English language indicates that it may be simplistic to oppose omissions liability in the principle. There are some clear cases of omission in which it is desirable to have criminal liability, such as the parent who neglects to feed her or his child or neglects to protect it from abuse. Omissions can be involuntary or not, in the same way as acts; and provided, that the harm resulted because D failed to intervene, it can be argued that omissions are also causes. Omissions liability ay therefore satisfy the principles that no one should be held liable for bodily movements that he or she did not or could not direct. It may also satisfy the principle that no person should be held liable for the conduct or consequences that he or she did not cause. But one point of the act requirement is to exclude liability for mere thoughts that do not result in some bodily movement, and omissions fall foul to that. They do so for a good reason – that certain positive duties to act are so important that they can rightly be made the subject of criminal liability. Of course, such a duty should also be defined with sufficient certainty and made known to those affected by it. So long as these formal requirements are fulfilled there can be no fairness objection to holding a person liable, provided that he or she is capable of taking some steps to carry out the duty. CAUSATION IN CRIMES An event is very often the result of a number of factors. A factor is said to have caused a particular event if, without that factor or, the event would not have happened. Thus, a man is said to have caused the actus reus of a crime, if, that actus would not have occurred without his participation in what was done. Some casual relationships has to be established between his conduct and the prohibited result. A man is usually held criminally liable only for the consequences of his conduct as he foresaw, (or is crimes of negligence, he ought to have foreseen). The act must be the causa causans, ie, the immediate or proximate cause of the effect. When the facts are direct and simple, then establishing the causal nexus between the act and the effect may not be difficult, as for instance in a case of person shooting another person and thereby killing him. The causation can also be without any direct physical act. if the victim asks his way on a dark night nd the accused with the intention of causing his death, directs him to a path that he knows will bring him to a cliff edge , and the victing suffers a fatal fall, this is clearly murder, though the accused has done nothing more than utter words. This can be true in cases of abetment, incitement and conspiracy. In the instances stated above, it is not difficult to establish the direct result between the cause and the effect. The difficulty ar ises only in cases of multiple causation, where it is difficult to establish the imputability. Example: A, intending to kill B but only wounds him very slightly. A clearly has the requisite mens rea for murder, that is, he foresees and desires B’s death. Not let us assume that on his being ta ken to the hospital in an ambulance, a piece of masonry from a building falls on the ambulance and kills B; or, alternatively, that B has a rare blood disease which prevents his blood from coagulation so that the slight wound leads to his death, which it would not have done if he had not been suffering from this disease; or, alternatively, that B refuses to have the wound treated and dies of blood poisoning, which would not have occurred if B had had the wounded treated. In all these cases, a problem of causation arises, i. e. , did A cause B’s death for the purposes of the criminal law so that he can be convicted of murder? If the result is too remote and accidental in its occurrence, then there is no criminal liability. CAUSATION AND NEGLIGENCE The difficulty of causation arises very often n cases of negligence. It has t be established that first, the conduct of the person was negligent and secondly, that but for the negligent act of accused, the accident would not have occurred. In other words, the actus reus should be causally connected to the act, which should be proved to be a negligent. In order to impose criminal liability under S 304A, IPC, it is essential to establish that death is the direct result of the rash or (and) negligent act of the accused. It must be causa causans – the immediate cause and not enough that it may be quasa sine qua non, ie, proximate cause. There can be no conviction when rashness or negligence of third party intervenes. In Suleman rahiman mulani v state of Maharashtra the Supreme Court has approved his rule. In Suleman rahiman mulani the accused who was driving the jeep struck the deceased, as a result of which he sustained serious injuries. The ccused put the injured person in the jeep for medical treatment, but he died. Thereafter, the accused cremated the body. The accused was charged under s304A and 201 of the IPC. As per s 304A, there must be direct nexus between the death of a person and rash and negligent act of the accused that caused the death of the deceased. It was the case of the prosecution of the accused had possesse d only a learner’s license and hence was guilty of causing the death of the deceased. The court held that there was no presumption in law that a person who possesses only a learner’s license or possesses no license at all, does not know driving. A person could for various reasons, including sheer indifference, might not have been taken a regular license . there was evidence to show that the accused had driven the jeep to various places on the previous day of occurrence. So before the accused convicted under s304A, there must a proof that the accused drove in a rash and negligent manner and death was a direct consequence of such rash and negligent manner. In the absence of such evidence no offence under s 304A was made out. The accused was acquitted of the charges. MINIMAL CAUSATION When death of a person is caused after medical treatment, it cannot be said that the treatment was not proper or inadequate, or had better treatment been given, the death would not have taken place. This is because, the intervention of the doctor is in the nature of minimum causation and hence its intervention would have played only a minor part, if any, in causing death. As far as the IPC is concerned, explanation 2 of s 299 specifically states that if an act causes death, even death could have been avoided by proper remedies and skilful treatment, the act shall be deemed to have caused death and the person will be criminally liable. If death results from an injury voluntarily caused, the person who causes the injury, therefore, is deemed to have caused the death, although the life of victim might have been saved if proper medical treatment, provided that it was administered in good faith by a competent physician or surgeon. In Moti singh v state of uttar Pradesh the deceased gayacharan had received two gunshot wounds in the abdomen which were dangerous to life. The injury was received on February 1960. There was no evidence when he was discharged from the hospital and whether he had fully recovered or not. He, however, died on march 1 1960. His body was cremated without post mortem being done. The supreme court held that the two gunshot injuries were dangerous to life were not sufficient for holding that gyancharans death, which took place about three weeks after the incident, was on account of the injuries received by him. The court observed that in order to prove the charges on gyancharans murder, it was necessary to establish that he had died on account of injuries received on him. Since, the was no evidence to establish the cause of death, the accused could not be said to have caused the death of gyancharan. A crucial aspect highlighted by the court in the case was that the connection between the primary cause and the death should not be too remote. CONCLUSION Causation is a complex topic, with which we have been able to deal only brief here. Proof of causation is often said to be an essential precondition of criminal liability, but there is reason to doubt the generality of that requirement, notably in respect of accomplice liability and vicarious criminal liability. Rather than insisting on a universal requirement of causation, it may be preferable to argue that liability should be negatived, in general, by the voluntary intervening act of another. Several criticisms of the judicial approach to three exceptional categories of case hace been advanced above. Often the explanations given by the courts are unconvincing. Whilst the traditional or standard causal theory emphasizes the significance of the last voluntary act, there is no reluctance to took wider or to massage the term ‘voluntary’ in certain situations, especially where D clearly stated that the sequence of events by doing a wrongful act. The challenge is to re-examine the intuitions that lead judges and others to their conclusions (the wrongful act theory, the approach to medical mistakes etc. ) with a view to constructing a law that ensures that the courts respect the various principles . BIBLIOGRAPHY 1. P. S. A. Pillai – Criminal law 2. Glanville Williams book on criminal law 3. www. lawteacher. com [ 1 ]. Page 427, principles of criminal law, Glanville williams [ 2 ]. Duff, criminal attempts, 317-20 Glanville Williams [ 3 ]. 65 CR App R 161. [ 4 ]. (1983) 2 AC 161 [ 5 ]. Criticisms by jc smith (1982) Crim LR 527 and 724, and D. Husak, philosophy of criminal law(1987), 176-8 [ 6 ]. See I. M Kennedy, Treat me right (1988) 169-74 [ 7 ]. (1993) AC 789 [ 8 ]. 4 ALL ER 961 [ 9 ]. Emery (1993) 14 Cr App R (s) 394, aand the new duty by the domestic violence, crime and victims act 2004. [ 10 ]. Glanville Williams, ‘criminal law- causation’) [ 11 ]. Rustom sherior Irani v state of Maharashtra(1969) ACC Cj 79 (SC) [ 12 ]. Md rangawalla v state of mahaarashtra AIR 1965 [ 13 ]. However a driver is expected to anticipate reasonably foreseeable negligent act to road users as contributory negligence has no application in criminal law. [ 14 ]. Re san pai (1936) 14 rang 643

Contemporary Quebec Nationalism Essay Example | Topics and Well Written Essays - 500 words

Contemporary Quebec Nationalism - Essay Example Among the main achievements of Quite Revolution, the health insurance plan and the education system should be noted. Daniel Johnson won the election as head of Union Nationale. He followed the same steps as those of Lasage but in different terms. He prepared the way of eliminating preferred reference of ethnicity as the major element when defining nationalism. Johnson preferred the sociological definition of the nation to ratify that the two countries exist in Canada. The nation duality did not depend on the ethnic origin but the culture of citizens. The liberation of the French-Canadian nation was enabled through the appropriation of the state. Rene Levesque founded the "movement souverainete-association† that later became "Parti Quebecois†. In 1967, Là ©vesque advanced a thesis that remained unchanged over years. The English Canada looked to simplify, rationalize and centralize powers to central government. The Quebec, on the other hand, went in the opposite direction. The nationalism that characterized the Quiet Revolution was on the basis of the dynamism of state action. In conclusion, nationalism has been sustained by the will to preserve and affirm the collectivity of the nation. Since the Quiet Revolution, Quebec has developed a nationalist ideology making the state of Quebec one of the major elements of identification of social, economic and political promotion of Francophone. Economically, francophones have been able to implement a network of financial, industrial and service businesses with the state’s support.

Continuity Planning Essay Example | Topics and Well Written Essays - 750 words

Continuity Planning - Essay Example The actions to be taken to recover items likely to be partially disturbed or fully disturbed are determined. The anticipated repercussions are also discussed. In the interest of the company, if the disaster recovery is to be effective, the plan of action has to be periodically studied and modified as and when necessary. In other words, Continuity Planning emphasizes the requirement to safeguard the company's structure, asset, wealth, reputation and image. Apart from natural disasters like illness, fire, earth quake etc, attacks by terrorists and attacks on the information technology systems by viruses are also looked into. The chief objective of Continuity Planning is not only to prevent the disaster but to ensure normal functions of the company in the event of a disaster with bare minimum loss of time, material and money. That is important. Obviously Disaster Recovery Planning is a part of Continuity Planning. In fact they go together. According to statistics, man-made and natural disasters have increased considerably. The company authorities have realized the importance of taking necessary steps. An adversity can strike an establishment at any time. Prevention is always better. But it may not be possible always. What to do if a disaster crops up Or what should have been done in anticipation of it The directors of the company turn their eyes to Continuity Planning, which is a sort of risk management, for building security. "Continuity planning" has replaced "disaster recovery planning". If it is adopted sensibly, not only the enterprise can survive the onslaught but it can also bounce back majestically. Continuity Planning Audits have the ability to participate in the Continuity Planning actively for the good of the company. They are also capable of identifying a company's financial loopholes. Destruction caused by disaster is only a part of the story. There are other more critical problems - Losing data, losing business, losing customers, losing reputation, losing money, relocation, repairs are only some of them. All these give everlasting nightmare to the company. That apart, the company is answerable to shareholders, employees, clients and so on. It should have been the company's responsibility to take precautionary measures. The company may be taken to task legally by the shareholders. All these factors add to the concern of the company management. According to Pat McAnally, director of marketing at SunGard Planning Solutions in Wayne, Pennsylvania (Rodetis, 1999), "Professional service companies are starting to appreciate and protect the intellectual capital of a business". Any company without Continuity Planning will fail to meet its statutory obligations; and the company may be penalized for neglecting continuity planning. So most of the companies are seriously adhering to it. Pat McAnally (Rodetis, 1999) says, "Contingency plans are also a regular part of requirements by the office of the comptroller of the currency". Continuity Planning is for preserving and protecting all the records and valuables of an enterprise such that the company can go ahead with its operations without any sort of hindrance. Taking steps to minimize risk is far reasonable than recovering from a mishap. Each minute of idle time of man, machinery and other equipment in an organization amounts to waste of money. If such a situation is not put under control the company runs the risk of closing down. The biggest headache of a manager is undoubtedly