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Advertising do not have much responsibility when compared to the intentions of the company advertising its products in the society. The company’s main aim is to increase sales regardless of the outcome of the advertising to the society. The companies intending to advertise their products have much responsibility to the society than the advertising itself. The contents of advertising and the target group tend play major role in advertising than the product itself. For instance, some sexual appeals that are included in advertising may attract the attention of the society. It is not the advertising that attracts and influences the individual but the contents included in the advertisement.

 A company’s main aim may not be to sell their products or services alone because there are other important objectives of advertising such as advertising the company itself and introducing the new product in market. Company’s main objective varies from time to time and is considered necessary when it serves the purpose it is intended. However, the most important thing is to reach the target market as much as possible but not all people. Advertising may be received differently by consumers depending on whoever does the advertising and the contents of advertising. Consumers are different depending on the target market and therefore advertising is not bound to have similar effect on most consumers as alleged.

Company’s main objective cannot be targeting children alone since it depends entirely on what the company deals in. There is no way a company dealing in electronics would want to target kids since kids do not even have the capacity of purchasing the products. Furthermore, if any company targets kids, the kids may change their taste either by intending to experience something new or due to change fashion and technology.

While arguing that advertising has responsibility in the society, entertainment should not be connected with failure of responsibility. Entertainment and advertising cannot be separated because the most important thing before advertising is attraction of attention of the target consumer. Without some sort of entertainment, a consumer or the targeted individual may not concentrate in the advertising. The entertainment part of the advertising is intended to break boredom before welcoming an individual to take note on the product being advertised.

Entertainment is very vital in advertising due to the role it plays of attracting people’s attention and therefore cannot be neglected. Advertising needs to be more entertaining and should be more appealing to the intended target by passing the envisioned information and achieving the desired results. Advertisers must positively and truly present themselves to the consumers while using a medium which can rich a higher number of the target market.

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Advantages and Disadvantages of Virtue Ethics

Virtue ethics is one the three major theories of normative ethics. The two pioneers behind virtues ethics are Aristotle and Plato. Plato argued that being virtuous entails having a clear view of the form of the virtue. On the other hand, Aristotle rejected this position in favour of a naturalistic one. Virtues can be compared to skills and are acquired through proper upbringing. Aristotle identified some virtues and they include: courage, temperance, wittiness, friendliness, modesty, righteous, indignation, truthfulness, patience, ambition, magnanimity, magnificence, and liberality (Adams 67). The cardinal vices are pride, lust, envy, gluttony, anger, sloth and pride. This paper examines the disadvantages and advantages of the virtue ethics theory.

Aristotle believed that virtues are acquired through habituation. Virtues are subject to dispositions where a disposition is defined as a property that results only under certain conditions. This property is influenced by emotions which guide us to respond to the prevailing circumstances. According to Irwin (26) Aristotle also believed that virtues are mean. In this regard, virtuous actions lie between two alternative actions which are classified as excessive and deficient. For instance, courage lies between cowardice and rashness while truthfulness lies between understatement and boastfulness.

Following these observations, it is right to say that in Aristotle’s view, virtues are dispositions that human beings should display depending on the prevailing circumstances. At the same time, just like other living things, the function of the human beings is to live according to reason (Rachels 59). The concept is what Aristotle referred to as the eudaimonia. The term also refers to a fulfilled life or happiness. It is the goal of each person to live a happy life and happiness can only derived from performing virtuous acts. However, in modern times, the concept of eudaimonia is now referred to as human flourishing. Unfortunately, most people define good life as life as full of pleasure, and self gratification.

Virtue ethics purposes to create good human beings rather than promote good acts or rules. In particular, it offers a natural and attractive account of moral motivation. Remember duty and utility are poor explanations of human interaction. This is because carrying out an action as a duty is completely impersonal. In addition, the sense of duty encourages human beings to behave in an inhuman manner as such the agents do not factor in the feelings of others.

When it comes to utility, behaviour that is based on utility does not foster relationships between human beings. Moreover, behaviour based on utility does not take into accounts the feelings of others, rather it emphasizes on an idealized form of happiness. In contrast, by avoiding a distinct formula, virtue ethics theory encourages human beings to become good people. Other advantages of virtue ethics are discussed below.

The ideal of impartiality

Human beings cannot be impartial especially when family members and friends are concerned. In many instances, the love of family members and friends becomes inescapable. On this account, virtue ethics does not emphasize on impartiality unlike other theories.

Unifying reason and emotions

Aristotle observed that human beings have the ability to reason and this ability sets them apart from the other living creatures. Indeed, human beings have the ability to recognize ends and thus can choose an action that will lead to a good end when faced with two options. At the same time, human beings have emotions that inform their judgements. It is not enough to follow rules and regulations irrespective of internal emotions and feelings. This position, which is held by the virtue theory, conflicts with Kant’s view that human beings should act from duty even if they are not disposed to do so. Following Kant’s view it is possible for human beings to choose the right actions, but they may not live good lives besides not developing virtuous characteristics.

Emphasizes moderation

Unlike other theories, the virtue ethics theory does not prescribe to rigid rules and principles of behaviour. Instead, it is based on moral virtues which is a mean between extremes. For instance pride is considered as an average midpoint between vanity and selling yourself short. At the same time, the theory resolves conflict between two absolute duties. For instance, when faced by a mad axe-man demanding his children, a virtuous agent will make a reasonable choice.

Besides displaying moderation, virtue ethics prescribes to situational relativism whereby wrong or right is based on the particular situation. This concept makes the theory more practical because no particular action is ever correct and it provides complete solution to our everyday moral problems. Its flexibility and no-dogmatic approach also resolves disagreements arising from other theories.

Disadvantages

It is not action-guiding

A common manifestation of virtue is an organization’s ‘statement of values’. These values are important to an organization. However, the theory relies on contingencies or variable circumstances. Consequently, it fails to provide clear guidelines on how people ought to behave.

Incompleteness

It has been suggested that virtue ethics theory fails to give a good account of right action. That is why the virtue theory is considered as an adjunct to theories of right action. As a result of its incompleteness, it does may not offer any solution to specific moral dilemmas. The incompleteness of the virtue ethics theory results from concentrating too much on the moral agent.

However, according to Adams (78) even through virtue ethics theory is incomplete, the normative theories too have limitations. For instance, the utilitarianism fails to consider the agent and distinguish the different motives for action. On the other hand, deontological theories are too rigid.

Is selfish

As earlier indicated, the theory emphasizes on reason and emotions. For instance, when faced by a mad axe-man demanding his children, a virtuous character does not give priority to the feelings of the man but the safety of his children. That is why the theory is considered to be selfish in that it sometimes disregards the feelings of other people.

Morals are not natural

Brady (90) posits that an action is right if and only if it is what a virtuous agent would do in the circumstances. This definition is very subjective rather than objective. For instance, soldiers fighting are considered courageous but that doe not make them morally good. In any case, not all human beings have the opportunity to develop morally and so it becomes hard to judge them.

What is virtue and what constitutes the virtues?

The idea of moderation is not applicable in all situations. For instance compassion does not have an extreme vice. More so, it is also sometimes to identify where the mean lies. This position is supported by Hursthouse (1999) who argues that the definition of what is virtuous is ambiguous.

The ambiguity of the virtues ethics theory can be examined through cultural relativism. Different cultures have different moral codes and is also becomes hard to justify whether an action is right or wrong. In addition, virtues ethics does not produce codified principles and so its applicability in the society becomes rather limited. Brady (2005) suggests the problem results from its agent-centred approach rather than embracing the act-centred perspective. Failure to direct what human beings are expected to do leaves room for uncertainty. A case in point, virtue ethics do not subscribe to basic concepts such as rights and obligations. In such a case, it becomes hard to come up with absolute virtues that can be cultivated in the society. At the same time, the theory does explain why human beings should prefer certain ideals to others.

In sum, according to the virtue ethics theory, a moral agent should display an appropriate emotional response depending on the situation at hand. Aristotle observed that virtues are acquired through habituation and disposition. However, the fact that theory does not prescribe to absolute rules creates room for ambiguity and uncertainty. Because it does not have codified principles, it is hard to implement it in the society as it does not offer guidance on how human beings should behave. On the positive side, ethics virtue is moderate and it unifies reason and emotions. Due to its flexibility, the theory provides impartial and practical solutions to some of the moral dilemmas that cannot be solved by other alternative theories.

Works Cited

Adams, Robert Merihew. A Theory of Virtue. New York: Oxford University Press, 2006

Brady, Michael. “The Value of the Virtues”. Philosophical Studies, 125(2005): 85–144.

Hursthouse, Rosalind. On Virtue Ethics. Oxford: Oxford University Press, 1999

Irwin, Terence. Nicomachean ethics. Indianapolis, Indiana: Hackett Publishing Company, 1999

Rachels, James. The elements of moral philosophy. McGraw-Hill, 1999

Advertising

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Introduction

Advertising or marketing is arguably one of the most rewarding and crucial aspects of any business. It goes without saying that it has a bearing on the profitability and success of the business as it opens up new markets while safeguarding the existing ones. Like other aspects of the business world, advertising has undergone tremendous changes in the recent times. This is mainly because of advancement in science and technology, which has taken varied fields to an entire new world. It is worth noting that technology has been incorporated in almost every conceivable field including people’s homes. This has, therefore, triggered a consequential change in other fields. Technology has allowed advertisers to have the capacity to reach markets that businesses would never have reached in a long time. In essence, businesses have incorporated online advertising, also known as digital advertising in an effort to expand their market reach. Digital advertising refers to a promotion method that involves the use of World Wide Web and the Internet so as to deliver marketing messages in an effort to attract customers. Digital advertising has become a successful marketing strategy thanks to its responsiveness, versatility, as well as the capability for building brand awareness, engagement, and driving purchase behavior and response. It is, therefore, no surprise that 15% of the ad budgets in the world are spent in digital advertising.

While quite a large number of businesses have adopted digital advertising, none has done it better than Starbucks. It is worth noting that Starbucks was pioneer consumer brand to attain ten million fans in its Facebook page. Starbucks has become the leading social marketer in the world after being ranked number one in online engagement on Facebook, as well as the number one Tweeted brand. The company has done this through incorporating creative opportunities, which have not only empowered its fans but also helped the global community. One key thing that Starbuck pays attention to in its digital advertising is the content incorporated in the conversations. As much as many people would think that all one would need is a conversation, it is always crucial to back it up with meaningful, tailored and fun content to complete the fun experience. This is something on which Starbucks has invested heavily. There are three things that Starbucks has done to maintain its position as a leading digital marketer.

The first lesson comes from its Digital Scavenger hunt. Its SRCH was essentially a scavenger hunt that partnered with Lady Gaga. The game started with Cryptic QR code with the players being led through various digital and cerebral cues. Players would visit blogs, as well as Starbucks digital properties so as to decode the messages that involved logic, math, pop culture and reading. The main idea behind the scavenger hunt was allowing for interaction and fun even as it engaged in marketing.

In addition, Starbucks has made accelerated reader look easy and uncomplicated. It launched its first key augmented, reality application known as Cup Magic. The free application, which is used in Android and iPhone devices, operates by the user pointing his or her phone’s camera to certain Starbucks coffee cups, as well as other additional objects such as coffee and tea bags. In doing so, the characters are animated on the screen, in which case the customers can interact with these characters. Individuals who activated all the holiday characters were incorporated in draw where they stood a chance of winning a prize. In addition, the application incorporated conventional, as well as social sharing capabilities. In essence, the customers not only had fun while using the applications but also stood chances of winning. This was one of the key reasons as to why droves of fans signed up to Starbucks Facebook fan page. It was essentially one of the ways of rewarding its customers but also served as a way of attracting new ones thereby expanding its reach.

In addition, Starbucks became enormous when it decided to use its 24 million-strong Facebook fans to assist in ushering the fall holiday season, as well as to announce the coming back of the widely accepted Pumpkin Spice Latte. Starbucks unveiled a beverage branded game and Pumpkin Spice Latte application on its Facebook fan page. In these games and applications, fans and customers would participate in varied point-based activities. This was all in an effort to try their luck in winning the prize of having latter flavor available in their locality first. Many people would acknowledge that this game of fun not only increased the number of fans for Starbucks Facebook page but also popularized its products, in which case the message would reach potential markets or customers in an expanded way.

Evidently, Starbucks has earned its place among giants as far as digital advertising. This, however, does not mean that it has done everything within its capacity to enhance its expansion to other markets using social media. It goes without saying that social networking sites have offered unprecedented opportunities for businesses to get the word out or advertise about themselves and the services they are offering. However, this may require businesses to have some knowledge on how to use digital advertising successfully.

First, it is imperative that the site incorporates a posting plan. This posting plan should incorporate the content that will be posted in the fan page. In addition, it is worth noting that simply having fun posts would not necessarily translate into a popular fan page. It is imperative that the posts from the company’s fan page are not only viewed by subscribers but everyone. This will enhance the exposure of the business since its not only its present followers who will be seeing its posts. However, it is imperative that the business presents itself as professional even as it aims at promoting its services. It is worth noting that the business cannot be limited to only one account. In essence, since the company may be having various accounts with different social sites, it is imperative that it incorporates an aggregator application. Such an application would allow the business to manage its different accounts in an enhanced manner. With such applications, individuals would not have to visit the websites with which the business has accounts. In this case, administrators of the company’s fan page would find it easier to post and manage the accounts than having them in separate applications. In fact, such applications would remind the administrator to post or make updates on certain fan page thereby enhancing the number of followers. However, this should also be complemented with the incorporation of fun content, as well as interactive games from which the customers and followers would win various prices.

 Advantages of college degrees to the police officers

A college degree is an important tool in today’s world. The college degree has many advantages. Therefore college degrees should be mandatory to anyone who wants to join the police force. College environment has proven to be a perfect place to develop and practice certain skills as the ones discussed below.

A college degree helps an officer develop communication, tolerance and reasoning skills. These skills come in handy in the profession of a police officer since they help them deal with and solve crisis that they encounter in their line of duty. Going to college helps a person meet with different people from all walks of life and these helps in networking. Sharing life experiences with other people help students develop these inter-personal skills. These skills help a police officer deal with the people he meets in his line of duty. An officer who attended college tends to be more rational, more open-minded and more consistent in his work. Attending and completing a college degree has been proven to increase in the knowledge of world matters as well as a decrease in prejudice. An officer who has attended college would be able to solve cases involving people from other races other than his without being biased.

In college, a student is required to take many general knowledge courses. These helps the student come out not only with a college degree, but also as a well rounded person with a lot of knowledge in matters affecting the world, which could not have been otherwise gained. A college education also provides a basis for better salary. A college graduate earns a lot more than a high school graduate. An officer with a college degree has a better chance at promotion in their work than their high school graduates counterparts.

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Advertising strategies as in Zyrtec Allergy Medication Ad

Introduction

Advertising is an integral part of any business. It determines the profitability of a business as it is mainly aimed at attracting new customers, as well as retaining the existing customers. The increasing competition in the world of advertisement has ensured that advertisement companies come up with creative ways of persuading people to buy their commodities. Persuasive advertising techniques have ensured that companies are always in the eyes of the people, especially those who make decisions pertaining to rejecting or purchasing certain products. In essence, advertising has grown into a multibillion dollar industry with the sole goal of persuading people to purchase the products being offered. One of the key ways of persuading people to buy products is by incorporating the element of happiness, as seen in the Zyrtec Allergy Medication Ad. It is evident that advertisement creates the notion that happiness is within reach and that it comes with the next purchase of the commodities offered.

One of the strategies used in the case of this advert is appealing to emotion. The advert attempts to evoke an emotional response from the consumer (Alstiel and Grow, 17). The lady in the advert talks about people suffering from indoor allergies and outdoor allergies, or even both and states that she falls under the third category. She seems to be living quite well and enjoying the fullness of her life despite the fact that she has both indoor and outdoor allergies. She complements the image of happiness by stating that she is now freer to do what she wants, where she wants. This is bound to evoke feelings of happiness, and cement the thought that the next consumer purchase of Zyrtec Allergy Medication would enhance his or her happiness.

In addition, the advert uses the association principle. This is an advertising technique that revolves around creating a mental link between the product and desirable qualities (Alstiel and Grow, 25). These include attractiveness, success and freedom among others. It is worth noting that these appeals are more often than not implicit. In fact, the lady does not implicitly state that the consumer has to buy the product if he or she wants to be attractive and successful. However, it is evident that the advert shows story lines and images that espouse these values. The lady moves around the immaculate home, with immaculate furniture and an incredible lawn. In addition, she is immaculately dressed, attractive and in an impressive body shape. It is worth noting that the indoor and outdoor environments encompass happiness and satisfaction, but may not be immaterial to people who are allergic. The consumer, therefore, would have to purchase the product so as to enjoy these immaculate environments.

In addition, the Zyrtec Allergy Medication Ad incorporates the use of glittering generality. These are creative or creative techniques of advertising that are filled with phrases and terms that incorporate positive connotations attached to them (Alstiel and Grow, 45). It is worth noting that the lady after asking the viewers whether they have heard about Zyrtec Allergy Medication, she states that it is “great” news for people with indoor allergies, outdoor allergies or both as is her case. The use of the term “great” is bound to encompass or stir up a positive connotation about the product in the consumers. These positive connotations outline a relatively happy life, which would undoubtedly come with the next consumer purchase of Zyrtec Allergy Medication.

Works cited

Youtube. Zyrtec Allergy Medication Ad. 2008, Retrieved 12th October 2012 from HYPERLINK “http://www.youtube.com/watch?v=pBtQDXuKVAo&feature=related” http://www.youtube.com/watch?v=pBtQDXuKVAo&feature=related

Altstiel, Tom and Grow, Jean. Advertising Strategy: Creative Tactics From the Outside/In. New York: SAGE. 2005. Print

Advantages of forecasting the demand for tourism

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Introduction

Tourism demand forecasts are of great economic value both for the public and private sector. Any information concerning the future evolution of tourism flows is of great importance to hoteliers, tour operators and other industries concerned with tourism or transportation, in order to adjust their policy and corporate finance. In the last few decades, numerous researchers have studied international tourism demand and a wide range of the available forecasting techniques have been tested. Major focus has been given to econometric studies that involve the use of least squares regression to estimate the quantitative relationship between tourism demand and its determinants. However, econometric models usually fail to outperform simple time series extrapolative models. This article introduces a new approach to tourism demand forecasting via incorporating technical analysis techniques. The proposed model is evaluated versus a range of classic univariate time series methods in terms of forecasting and directional accuracy [1].

[Despite efforts by social scientist undertaken since the mid-20th century (Kates, 1971; White, 1942; White, 1973; Quarantelli, 1988), the risk assessment seen from perspective of disaster risk has only been treated fairly recently. Its systematic conception and analysis was practically assumed by experts and specialists in the natural sciences with studies regarding geodynamics, hydro-meteorological and technological phenomena such as earthquakes, volcanic eruptions, mudslides, flooding and industrial accidents. In other words, emphasis was centered on the knowledge of hazards due to the existing investigative and academic biases and the efforts of those who first reflected on these issues (Cutter, 1994). It is important to point out here that the emphasis still remains, particularly in the highly developed countries, where due to their technological development people try to find greater detail the generating phenomena of the threats. This was an evident trend during the first years of the `International Decade of Natural Disaster Reduction’ declared by the United Nations (UN) General Assembly.]

The tourism industries, and those interested in their success in contributing to the social and economic welfare of a citizenry, need to reduce the risk of decisions, and that is, reduce the chances that a decision will fail to achieve desired objectives. One important way to reduce this risk is by discerning certain future events or environments more clearly. One of the most important events is the demand for a tourism product, be it good, a service or a bundle of services such as vacation or what a destination offers.

All industries are interested in such risk reduction. However, this need may be more acute in the tourism industries than for other industries with other products, for the following reasons [2]:

The tourism product is perishable. Once an airliner has taken off, or a theme park has closed for the day or morning dawns over a hotel, unsold seats, admissions or sleeping rooms vanish, along with the revenue opportunity associated with them. This puts a premium on shaping demand in the short run and anticipating it in the long run, to avoid both unsold `inventory’ on the one hand and unfulfilled demand on the other.

People are inseparable from the production-consumption process. To a large extent, the production of the tourism product takes place at the same time as its consumption. And much of this production-consumption process involves people interacting as suppliers and consumers, such as hotel staff, waiters and waitresses, flight attendants and entertainers. This puts a premium on having enough of the right supply personnel available when and where visitors need them.

Customer satisfaction depends on complementary services: While an hotelier directly controls what happens to guests in her or his hotel, the visitor’s experience depends on satisfaction with a host of goods and services that make up the visit. A hotel’s future demand, therefore, depends on the volume of airline flights and other transport access to its area, the quality of airport services, the friendliness of taxi drivers, the quality and cost of entertainment and the availability of recreational opportunities, to name just a few of these elements. Forecasting can help ensure these complementary services are available when and where future visitors need them, which will rebound to the benefit of the hotel or other individual tourism facility.

Leisure tourism demand is extremely sensitive to natural and human-made disasters. Much holiday and vacation travel is stimulated by the desire to seek refuge from the stress of the everyday environment. Moreover, today there are countless alternatives for spending leisure time pleasantly for residents of most developed nations. As a result, crises such as war, terrorist attacks, disease outbreaks, crime and extreme weather conditions can easily dissuade leisure travellers from visiting a destination suffering from one of these, or from travelling at all. The ability to forecast such events and their projected impact in tourism demand can help minimize the adverse effects of catastrophes on the tourism-related sales, income, employment and tax revenue of a place.

Tourism supply requires large, long lead-time investments in plant, equipment and infrastructure.  A new hotel may take three to five years from concept to opening. A new airport or ski resort may take a decade or so for all planning, approvals and construction. A new airplane may take five years to may take five years to produce from an airline’s initial order to final delivery. Future demand must be anticipated correctly if suppliers are to avoid the financial costs of excess capacity or the opportunity costs of unfilled demand[3]

Accuracy of monitoring plays an important role in early warning, not only in a technical sense. It also helps to prevent false alarms and therefore helps to build up trust in the warnings. Monitoring has to adapt continuously to the changing hazard landscape, especially in light of climate and environmental change. Examples such as the evacuation of 40,000 people in the Popocatepetl region, Mexico, in December 2000 just hours before a major eruption are noteworthy examples of successful early warning from which a lot can be learnt[4].

At the Symposium of the EWC III – Third International Conference on Early Warning [5], it was strongly felt that warning systems must be ‘people-centered’: they have to support and empower people in protecting themselves. In order to ‘go the last mile’, an integrated approach to early warning has to be based on the needs, priorities, capacities, and cultures of those at risk. People at risk must be partners in the system, not controlled by it[6].

 

References

[1] A technical analysis approach to tourism demand forecasting C. Petropoulosa, K. Nikolopoulosb,*, A. Patelisa and V. Assimakopoulosc

[2] Advantages of Tourism demand forecasting/Forecasting Tourism demand: Methods and Strategies By Douglas Frechtling;

[3] Advantages of Tourism demand forecasting/Forecasting Tourism demand: Methods and Strategies By Douglas Frechtling; page 5

[4] Excerpt: Summary of the Scientific and Technical Symposium, Multi-hazard Approaches Session; 17 (EWC III Third International Conference on Early Warning, 27-29 March 2—6 March, Bonn Germany)

[5] www.unisdr-earlywarning.org

[6] Excerpt: Summary of the Scientific and Technical Symposium,  (EWC III Third International Conference on Early Warning, 27-29 March 2—6 March, Bonn Germany)

Advice To Anton, Martin And Kelly On Who Is Responsible For The Contract With ‘Designers Supply Ltd.?

Contents

TOC o “1-3” h z u HYPERLINK l “_Toc377465753” b) Who is responsible for the contract with ‘Beautiful Windows Ltd.? PAGEREF _Toc377465753 h 3

HYPERLINK l “_Toc377465754” c) The legal effect of incorporation and the consequences it will have on the company’s insurance claim and the arguments raised by the company against compensating Anton from the company compensation scheme. PAGEREF _Toc377465754 h 6

Case Facts

According to the partnership facts in the agreement by Anton, Marin and Kelly, the agreement outlined the procedure to perform purchases on behalf of the partnership. The partnership agreement that the three partners signed was clear that any purchases for the business ought not to exceed £2,500 unless through the consent of the other partners. In this case, Martin completed a purchase for a chandelier worth £3,500, which broke the first agreement regulation, which restricted purchases to £1,000 less that amount. In light of the agreement, it anything above the purchases restriction was supposed to be communicated to the other partners, but Martin failed to make the commutation. While the action of making a purchase exceeding the laid down limit could have been corrected through communication, the omission of the disclosure to the partners makes the entire action in breach of partnership rules.

Advice

The role of the partnership agreement is to make the provisions of partners’ protection legally binding particularly in dealing with responsibility over liability when it occurs. Partner’s negligence in operations should not be condoned as outlined in the guidelines that define the operations of the business. Sensitive operations such as those touching on financial elements require stringent compliance since it implies that future transactions are likely to be marred by uncertainty, which can easily bring the business down crumbling. It is therefore admissible for the partners to consider placing the extra consideration of £1000 for the chandelier’s purchase at Martin’s expense, for the breach of express partnership agreement. Alternatively, the other partners have the right to wholly place the cost of the chandelier on Martin’s expense for the same reason of breach of partnership regulations. The most practical and just option however, is to charge the extra cost element of £1,000 on the errant partner. The difficulties occasioned by lack of communication are interpreted to constitute extra engagements that are unauthorized by the partnership thereby occasioning an agency restriction.

In general, partnership operation is guided by the laid down agreement, which plays the most important part of the definition of individual partners’ obligations as well as rights. Among the vital definitions in the agreement signed by the partners are the administration roles that each of the partners should take care of in the running of the partnership. Whereas every partner ought to contribute towards the smooth operation of the business, the agreement usually clearly states the specific roles that the various partners ought to play in terms of the business oversight. It is not a necessity for a partner to disclose to the other partners every action taken on behalf of the business, if it squarely lies within their docket of responsibilities defined by the agreement. Communication and disclosure however becomes an integral part of the daily running of the business to avoid confusion in case a conflict of roles appears. Among the advantages of entering into a partnership is the capacity to assist each other in terms of carrying out some important decisions, which include daily running of the business; referred to synergy in decision making. In light of such a case, it is always important to ensure that communication makes the regulations outlined in the agreement are followed and consensus reached in case they become compromised in some inevitable ways.

b) Who is responsible for the contract with ‘Beautiful Windows Ltd.?Case Facts

Anton made purchases for curtain fabrics on behalf of the partnership at an undisclosed fee, which will be assumed to be within the set limit to avoid a conflict such as the one that Martin committed with the purchase of the £3,500 chandelier. The fundamental question in this question therefore does not directly involve a partner’s conduct in contravention of the partnership deed. At the time when Beautiful Windows Limited was engaged to supply the business with curtain fabrics, Kelly had already undertaken the communication to the effect that she was quitting the partnership. The other two partners, Anton and Martin were contemplating and had taken initial steps to incorporate the partnership in order to transform it into a private company. However, the actual incorporation had not taken place at the initial contact between the partnership and Beautiful Windows Limited, which implies that the business existed as a partnership. It is alternatively clear that the newly incorporated company was involved in the ratification of the contractual engagement entered with Beautiful Windows Limited. In light of the contractual engagement that the incorporated company, under the name of Smart Designs Limited had with Beautiful Windows, it was purely a corporate engagement since Kelly had left at that time.

Determination of the status is important in order to define the obligations and rights of the three parties at the time of the contractual undertaking entered with Beautiful Windows Limited. It is not clear whether the exit procedure provided for in the agreement had been followed to the later in order for the exiting partner to legally be relieved of her obligations and liabilities to the extent that the partnership and the incorporated business were involved. In light of these facts, the advice to the partners will be constructed with regard to exiting procedure and liability immediately after the exit of a partner, although incorporation of the business attracts considerations that would not bind Kelly.

Advice

Two assumptions will be made regarding the consideration of the contract that the business involved Beautiful Window Limited; some contractual obligation under the partnership and another after incorporation. Firstly, partners are expressly deemed to be the agents of the partnership in their dealings, if they act within the provisions of the partnership deed. It will be assumed that the contractual agreement that Anton had with Beautiful Windows Limited was appropriately done. This is due to the fact that the partners have an obligation to act as agents of the partnership if they perform such processes as can be identified within the usual way of operations to constitute actions that legally bind the partnership. Having factored in the involved consideration as a direct partnership engagement, focus shifts to the actual membership of the partnership at the time of the contractual agreement with Beautiful Windows. In light of the case facts, it is not clear if the appropriate procedure was followed by Kelly in making her exit. Technically speaking, a notice of a partner’s exit out of the partnership spells the beginning of the dissolution process, where the fate of the business is defined by incidental agreements to determine if the business closes shop or it continues in a different form.

In many cases, a partnership with only two partners is dissolved resulting in disposals, debts clearance, liability and surplus sharing according to individual sharing capacity. Where many partners carry out business, the business status is valued as if the business is closing down in order to evaluate the financial responsibility or rights that the leaving partner has on the business to facilitate buying out process for the business to continue. Anton, Martin and Kelly must consider whether this actually happened in order to release Kelly out of the partnership.

To determine the legality of Kelly’s exit, the partnership deed must be consulted to give guidance on the admissibility of her exit. This is important particularly to ascertain a partner’s intentions such as escaping liability. Admissibility will qualify only of the partnership deed allows leaving the partnership on personal will such as on grounds of getting married, otherwise the contractual obligation entered after her alleged exit will be legally binding on her as it does on the other two partners. An agreement can however be reached among the partners in case she is completely incapable of continuing being a partner, to avoid legal and technical complexities from the deed. Such an agreement will take care of the actual date of her legal exit to assist in determination of her financial obligation expected from the contract with Beautiful Windows. In case personal will is allowed in partnership exit, the appropriate communication must be made for the procedures to be initiated immediately to avoid unnecessary conflict.

Secondly, following the decision to incorporate the business, Kelly was not party to the decision since her input and approval are not availed. Further developments on the financial obligations that the business had under the incorporated body can directly be placed on the parties at inception. To this far, Kelly is out of any liability or gain arising from the contractual element held under the incorporated entity. This implies that if the first assumption of the partnership having financial obligation towards Beautiful Windows Limited does not apply, or if Kelly had procedurally left the partnership, the second assumption holds with full responsibility lying on Anton and Martin.

c) The legal effect of incorporation and the consequences it will have on the company’s insurance claim and the arguments raised by the company against compensating Anton from the company compensation scheme.Case Facts

The period under consideration in this question is after incorporation of the business by Anton and Martin under the name Smart Designs Limited. Anton had made relatively higher contribution towards the beginning of the private company, through becoming managing director and chief designer as well as becoming a major shareholder. Anton had also been a lone full time employee at the company besides having taken insurance cover for the business long before incorporation. A theft incidence threatening to close the company on bankruptcy has also completely incapacitated Anton following attacks from the buglers. Insurance company reluctance to compensate Anton is mainly based on insurable position that he has at the time of the incidence, which makes his claim remotely uninsurable.

Advice

Perhaps the most conspicuously missing link in the fateful episode is the preparedness for the company to have the right cover for a corporate entity. It is clear that at the time of the burglary, the same insurance cover that Anton had insured the business with before incorporation was assumed functional. To launch a compensation claim, the insured must satisfy some principle conditions that guide in the regulation of insurance contracts. Apparently, due to the several distinctions that the two types of businesses have, there is no relationship between a partnership cover and a corporate cover. In order to make a justifiable claim, the company ought to have made the appropriate adjustment from a partnership to a corporation. Besides such details as insurance cover for various legal entities, several other considerations come into the equation to ensure that the business moves from an earlier business form into the incorporated state.

Legal effects of incorporation include changes in legal requirements, which increase as the business moves from the simple partnership form to the relatively more complicated form of a private limited company. While a partnership is formed through the partnership agreement or deed, a company must be incorporated through registration procedure that is completed through submission of two main documents namely, the articles of association as well as the memorandum of association. Certificate of inception must be obtained after the incorporation for operations to commence. Whereas legal liability is higher in a partnership in terms of the extent to which liability can be reclaimed from the owners, owners of a company have protection against legally binding liability. Companies must file their returns after the completion of every financial period in order to be authorized to continue in operations while it is not a necessity in partnership business forms.

The applicable rates of taxation are also considerably adjusted when businesses become incorporated and fit in the corporate class of taxpayers. Whereas partnerships management is not defined by law, incorporated entities are guided by law in that there must be directors who must meet certain requirements. Such requirements include the level of shareholding, which is clearly defined by the law, as well as the direct roles that the directors ought to play in the management of the company. This implies that the partnership is fundamentally different from a partnership in terms of legal liability, which should also be reflected in the insurance cover for the businesses. In light of these differences, it is clear that Anton had not met some of the regulations that define incorporated bodies.

Declining to award insurance compensation to Anton for being a full employee of Smart Designs Limited has no legal basis, particularly under common law. While it is not directly assumed that directors are employees of the company thereby bound by the regulations that bind the employees within the company, there is no restriction of managers to participate in the capacity of full time employees. The director of a company who must also be a major shareholder would have the best interests of the company if a closer access were allowed which can be facilitated as an employee. Modifications of companies’ articles must however be clear in that the board of directors authorizes the awarding of service contracts to majority shareholders. Such service contracts awarded for the best interests of the company are admissible before the law. There are special modifications in the regulations of service contracts to such shareholders as the directors with regard to fixed term service contracts. Under such arrangements, directors are deemed permanent and pensionable employees besides their roles as directors, which come with its special treatments. This implies that the insurance company can only refute the claim if it can demonstrate before a court of law that the director (Anton) had not been contracted as an employee despite being a manager.

Bibliography

Gage, D. The Partnership Charter: How to Start Out Right with Your New Business Partnership (or Fix the One you are in), Basic Books, New York, NY, 2004

‘362.190 Partner agent of a partnership as to partnership business’, US Government, 26 June 2006, viewed on 24 August 2011 <http://www.lrc.ky.gov/KRS/362-00/190.PDF>

Bernstein, D. & Wang, C. ‘Code of Ethics and Business Conduct for Officers, Directors and Employees of Orient Paper Inc.’, Orient Paper, Inc., 29 October 2009, viewed 24 August 2011 <http://www.orientpaperinc.com/images/The%20Code%20of%20Business%20Ethics%20and%20Conduct.pdf>

Deards, E. & Deards, R. Practice Notes on Partnership Law, Cavendish Publishing Ltd., London, UK, 1999

Baxt, B. & Baxt, R. Duties and Responsibilities of Directors and Officers, AICD, Sydney, 2005

Honds, J. Directors’ Duties in the Context of Insolvency, GRIN Verlag, Norderstedt, Germany, 2006

Company Law Club, ‘Directors as Employees’, Incorporation Services Limited, 2011, viewed on 24 August 2011 <http://www.companylawclub.co.uk/topics/directors_as_employees.shtml>

TMP UK, ‘Treatment of Directors’ Claims as ‘Employees’ in Insolvencies’, Society of Practitioners of Insolvency, 2010, viewed on 24 August 2011, <http://tmp.co.uk/downloads/creditors-guide/technical-releases/directors-as-employees/>

Name:

Tutor:

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Advantages of Gulf Cooperation Council Union and its Monetary Union Policy

Appropriation of a Monetary union accumulates profits and delivers costs on part nations. In general, benefits are as below:

The removal of transactions expenses and accounting expenses. A large portion of these expenses are connected with offer ask spreads and commissions on outside trade transactions. For little and open economies with simple monetary markets, immediate funds in transactions in the wake of receiving a solitary money are presumably bigger. Bringing transactions expenses may lead down to higher yield and utilization picks up. For example, the European Monetary Unions helped Greece in 1992 to come out of its Financial Crisis hence able to manage its transactions ((Fleming 12)

. A clearing of isolated trade risk, which is viewed as a real snag to exchange what’s more cross marginal mean (Blanchard and Katz 22). It is contended that exchange products and managements particularly among little firms will be upgraded, which would have a tendency to strengthen rivalry and increment allocated proficiency battles. For example, as compared to EU, countries such as Ukraine and Cyprus have now stable companies because of monetary unions that has accounted in boosting exchange value (Blanchard and Katz 22).

Production of more transparent valuing framework, which makes global cost examination simpler.

Picking up more valid monetary strategy by receiving the strongest exchange standard responsibility For example, the Monetary union in Europe has made the exchange rate of its currency high as compared to the others hence economic growth of the region hence extension to countries within the Union (Fleming 12).

Money related union plans are less vulnerable to hypothetical assaults such a bankruptcy.

Then again the expenses of receiving a Monetary value, other than the expenses of structuring the union, are mostly surrendering money related self-sufficiency. These expenses are more inclined to expand the more disparate stuns to part economies are. Similarly, expenses have a tendency to build that brings down the adaptability of component markets, as this infers a trouble of acclimation to stuns. For example, this has made England one of the most successful countries in terms of turnover in the region (Blanchard and Katz 22).

Changing the exchange measure would help the methodology of investment enhancement by raising the productivity of new generation units, along these lines expanding aggressiveness by regional standards and abroad. This productivity would be accomplished because of low and stable costs that will give more focused abilities to the household item (more cost productive, more specialization). For example, as compared to European Union (White 9)

Making of primary universal Union might conceivably be in incredible interest, and numerous national banks would utilize it as a component of their stores. Subsequently, the Union could have a spot among the worldwide monetary standards. For example the point when solid universal store cash is made from the bound together coin, it would heighten single currency like that of European Union that has an excellent Pound rate as compared to others in the world. The Union made pound the strongest foreign currency in the world.

It would without a doubt say that GCC nations more prominent weight in worldwide financial and political enclosures. It would likewise allow them to manage the outside world as a brought together investment power alliance. It would likewise allow them bartering power and empower them to accomplish more prominent financial and political additions (White 9). For example, the Regions exchange rate against the dollar will improve meaning that AED will be compared lower to the current rates

The success of Monetary Unions is evident to other nations in the world for example the European Monetary unions is a success in the world placing it to one of the most successful regions in the world. Based on accumulated thoughts from various scholars. This has improved the regions GDP as well as its exchange rate.

Work Cited

J. Fleming. “On Exchange Rate Unification,” Economic Journal, 81, 1971.

O. Blanchard and L. Katz. “Regional Evolutions,” Brooking Papers on Economic Activity, 1992.

W. White. “Is Price Stability Enough?,” Monetary and Economic Department, Bank for International Settlements Working Papers No. 205, 2006.

Advice to MPC, Jack and Fred

Name of Student

Name of Institution

Introduction

There exist a number of tax forms in Australia. In this regard, companies and individuals may be legally obligated to pay taxes to all government levels, that is, local, state, and federal. Income taxes form the bulk of Australia taxation. The federal government collects this through the Australian Taxation Office. Others include capital gains tax and value added tax (Woellner, Barkoczy, Murphy, Evans & Pinto, 2014). The following scenarios explain the various modes of taxations and the underlying principles.

Response to Question (a)

It is a general recognition under Australian Taxation Law that tax exempt organizations have to be taxed on the income they obtain from business or trade activities that have no bearing to those regularly undertaken by the organization. In this case, the Rugby World Cup is an exempt organization. However, the promotion of private companies could attract taxes. Where the recognition given to sponsors qualifies as advertising, the payment made thereof could be taxed, in which case the payment will not be deemed public support or public charity.

Businesses have to use money to make more money. Where a business spends money to generate assessable income, the business is, under Australian law, entitled to a tax deduction. Of course, there exist certain kinds of deductions in which businesses are seriously interested. However, there are also certain legitimate, unforgettable deductions on which businesses can capitalize. As a caveat, businesses should show that the expense was incurred to run the business. Sponsorship expenses incurred to publicize the brand are a deduction. One can claim the expenses in that regard. The only caution is that the expenses should not be deemed “entertainment” as defined in the Act in which case they will be non-deductible.

Overall, payments accepted without the likelihood of the sponsor accruing benefits are deemed “taxable advertising.” On the contrary, the use of the sponsor’s name, product lines or logo in connection with the ongoing activities do not bring substantial return benefits hence cannot make the sponsorship payment a taxable advertising income.

In the present scenario, MPC sponsored the Rugby World Cup event to the tune of $1 million to get the entitlement of displaying its name at the football grounds during the Cup and to associate with the Cup and the Sponsorship in its advertising. These objectives do not bring any substantial return benefits to MPC and, therefore, cannot make the payment a taxable advertising income. MPC did not intend the sponsorship to fall under the realm of taxable advertising; hence, the payment made is deductible.

Response to Question (b)

There has been a wide range of cases revolving around service station proprietors who sign agreements with oil companies in which agreements the service proprietors agree to deal exclusively in the oil company products (trade ties). Each of these agreements is distinct from the rest and deserves separate treatment based on the merits. As a general rule, however, where a service station provider ceases to be a multi-brand trader and becomes an exclusive product retailer, with this conversion involving significant changes in the nature of business or profit-making structure, any lump sum received by the station service proprietor from the oil company in the nature of consideration for a trade tie lasting for a considerably long duration is deemed capital. The same rule is applicable in the event that the sums are used to improve the station facility or to provide capital assets to the station service provider.

Where there is no significant alteration of the nature of the business or its structure and that the tie is not for a considerably long duration to give it a capital character, the payments made to the proprietor of the service station are treated as revenue. Courts have decided on relevant factors to consider in determining whether a lump sum payment to station service providers is capital or revenue.

In the present scenario, the payments would be treated as capital because the tie agreement would last for 20 years, which is considerably long. Furthermore, the fact that Jack Smith was the only service station provider in the region meant that he had to change his business structure to suit MPC specifications, hence qualifying the payment for capital. This is not deductible.

Response to Question (c)

As already mentioned in (b) above, where a service station provider ceases to be a multi-brand trader and becomes an exclusive product retailer, with this conversion involving significant changes in the nature of business or profit-making structure, any lump sum received by the station service proprietor from the oil company in the nature of consideration for a trade tie lasting for a considerably long duration is deemed capital. The same rule is applicable in the event that the sums are used to improve the station facility or to provide capital assets to the station service provider. If the contrary is the case, the lump sum payment is treated as revenue, which is deductible.

Fred Brown’s scenario does not meet the capital threshold because of a number of reasons. Firstly, the tie agreement would be for a shorter period (3 years), which is not sufficient to make the lump sum payment capital. There is no standard duration stated to be long enough to make a payment become capital, but contrasting this scenario with the one in (b) above, it comes out clear that 3 years is quite short a duration. It also emerges that Fred Brown used the money in objecting jointly with other proprietors to applications made by other interested investors in the station service provision business within the Chatswood Shire Council. This use is contrary to the requirement that the payments should be applied to business structure improvement so as to be deemed capital. The payment is treated as revenue, which is deductible under the Income Tax Assessment Act. The legal expense is deductible as well. This is the expenses incurred in objecting to the applications.

References

Woellner RH, Barkoczy S, Murphy S, Evans C and Pinto D, 2014 Australian Taxation Law

(Sydney: CCH Australia Ltd, 24th edition, 2014).

BP Australia Ltd v FCT (1965) 14 ATD

Income Tax Assessment Act 1997, s32-45

Income Tax Assessment Act 1997, s46

Maney & Sons de Luxe Service Station Ltd v. C of IR (1976) NZLR 41

Snowden & Wilson Pty Ltd (1958) 99CLR 431

Stone v FCT 2003 ATC 4584

Job Satisfaction and Employee Motivation

Name

Affiliation

Introduction

There are a variety of things that go into making a business effective. Anyway when the organizations are responsible for an organization, it can now and again be enticing to overlook everything else and concentrate on what really matters or the amount of cash the organization are making. In any case benefit is specifically influenced by everything else that cooperates to make an organization effective, including (and maybe above all by) a great set of employees. However exactly how critical is employee job satisfaction? A few organizations put a great deal of worth and assets on prize projects to verify that employees are kept cheerful, yet does it truly change over into genuine benefit for the organization? (Lok & Crawford, 2004).

A Happy Employee is a Good Employee

It goes without saying that,an organization, need to contract just the best individuals who will do the best conceivable occupation. Nonetheless, everybody has diverse levels at which they work, and the organization would prefer not to be getting somebody’s D or F level work, when the organization are truly going for their A standard. What’s more it has been demonstrated over and over that one of the most ideal approaches to get somebody’s best work is to make them agreeable and content. A glad employee is a decent employee. Not just does great employee job satisfaction make a more content set of employees, however it additionally expands benefit all in all, as individuals realize that they will be remunerated for the diligent work that they do. This expanded benefit does not come the expense of a high push, troubled workplace; rather it comes as a direct consequence of a job satisfaction of employees, who are loose and eager to give their best work to the organization. This alone makes it beneficial to spend some additional cash and assets on some manifestation of prize project for the organization employees.

Employee Retention

Besides, when the organization hire those high class employees for the organizations needs to verify that they are there for the long haul. A few organizations don’t put much esteem on employee retention; in the event that the organization are a sufficiently enormous organization, there are dependably individuals who will need to work for the organization. Be that as it may, the best organizations understand that it is amazingly imperative, as it makes a vastly improved workplace, great reputation for the organization, sound rivalry for spots, and less squandered time and assets on procuring. Employee Job satisfaction is one of the most ideal approaches to expand employee retention (Cadwallader, Jarvis, Bitner & Ostrom, 2010).

Creating a Community

What’s more when the organization have a working environment that is upbeat, the organization will soon observe that it makes a feeling of group, a gathering of people who will give their just for the one another and the organization in general. This is the kind of thing that transforms a decent organization into an extraordinary one. Individuals need to work for the organization, employees need to stay in the organization, and the reputation spreads to make the kind of organization that flourishes in this advanced business world. How imperative is employee job satisfaction? More vital than the organization know.

IntroductionThe expression “motivation” has been characterized by physiologists in a mixture of ways. As per “world book lexicon” it implies the demonstration or methodology of outfitting with a motivator or actuation to activity. M.R. Jones (1955) has expressed that: “Motivation is concerned with how conduct begins, is invigorated, is supported, is coordinated, is ceased, and what sort of subjective response is show in the living being while this is going on” (Edward E. 1973: p.3). Before the Hawthorne Studies, led by Elton Mayo from 1924 to 1932 (Dickson, 1973), representatives were viewed as only one more include into the creation of goods and services. Hawthorne studies changed along these lines of considering. The consequence of this study discovered the representatives are not spurred just by cash; representative conduct is connected to their disposition (Dickson, 1973). Consequently the Hawthorne studies started the human relations way to administration, whereby the needs and motivation of employees turned into the essential center of chiefs (Bedeian, 1993).

Hertzberg’s Two Factors Theory

Hertzberg’s (2003) theory says that there are two sorts of components that impact the motivation of representatives – cleanliness variables and persuading elements. The variables woke up as an aftereffect of Hertzberg’s examination on architects as he found that motivation is gotten from two sets of elements. He termed encounters that made the specialists like their employment as sparks, which incorporate recognition, progression, accomplishment and different elements. Encounters that brought on disappointment with work, for example, working conditions, compensation and associations with associates, did not compare to motivations thus, were named cleanliness elements. What struck Hertzberg the most was that these were independent gatherings with discrete assessment, and not a piece of the same continuum. In this way if the organization determined the dissatisfies, they would not make fulfillment.

A portion of the reactions amid his examination were as per the following: “I have to be paid on time every month so I can pay my bills. In the event that I am not paid on time, I get truly miserable. Be that as it may when I get paid on time, I scarcely recognize it.” Hence this connects to the cleanliness hypothesis, where being paid on time would make the representative execute as typical and would not build his performance. Thus, cleanliness elements were variables that would de-spur on the off chance that they were not set up, such as paying wages on time was not a spark, however it would de-inspire in the event that it were not dealt with. They portrayed cleanliness as a manifestation of precaution drug, i.e. this will prevent the individual from getting wiped out yet doesn’t contribute in getting any healthier.

Motivating elements on alternate hands are more optimistic, in the same way as obligation, development, and recognition and so on. Hertzberg proposes that these components are the ones which urge individuals to strive to do well, as it were to rouse them to try their hardest. Some may consider an agreeable profession way as a helper, others may consider a basic praise as a help. Essentially, motivational components are the most critical in instigating representatives to attain to better work performance. Hygienic variables must be controlled to keep disappointment to a base.

Reference

Cadwallader, S., Jarvis, C. B., Bitner, M. J., & Ostrom, A. L. (2010). Frontline employee motivation to participate in service innovation implementation.Journal of the Academy of Marketing Science, 38(2), 219-239.

Lok, P., & Crawford, J. (2004). The effect of organisational culture and leadership style on job satisfaction and organisational commitment: A cross-national comparison. Journal of Management Development, 23(4), 321-338.