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Advertisement Illusion of Beauty

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Advertisement; Illusion of Beauty

Jean Kilbourne is a feminist writer, orator and film maker who has gained worldly recognition for her contributions towards showcasing the negative depiction of women in advertising. In a YouTube video dubbed “Killing Us Softly 4: Advertising’s Image of Women”, Kilbourne in her lecture expresses strong sentiments on advertising use of women and the effects of the perspectives being conveyed through such adverts. Kilbourne is correct in her assertion that advertisements dehumanize women and can lead to violence.

In her opening remarks, Kilbourne avers that the position of women in advertising has continued to get worse during her forty year involvement in the area. She says, “…really, they’ve gotten worse.” She further goes to say that adverts sell more than products because of concepts they portray such sexuality, love, normalcy and success. In fact, Kilbourne declares that adverts have such a profound influence on viewers that they don’t only tell people who they are, but who they should be. The message conveyed about women is that outside beauty is paramount to any other thing. To bolster this message, advertisers flood the media with depictions of idealistic feminine beauty. As a result young girls grow up knowing that one must dedicate endless time, effort and finances towards their quest of attaining the zenith of beauty. Kilbourne says that in the event that one fails to accomplish the above ideals, they not only suffer from guilt, but feel ashamed too.

However, she is prompt to note that in such strenuous pursuits, one is sure to fail because the said standards of perfection are founded upon falsehoods. These falsehoods that have continually been upheld thanks to make-up artists and air brush have received technological backing. Photo shopping has gained prominence in the world of advertising and all if not most photos of women who are regarded as beautiful has been re-touched.

Kilbourne feels our society has continued to objectify women and these negative connotations are impacting negatively on the female gender. She states that,”…women’s bodies are constantly turned into things, into objects…” and continues to name several adverts that have gone to such extents. Some of the consequences of such depictions include women’s’ loss of self esteem and the creation of a conducive environment for violence against women to take place. Even though she acknowledges that such adverts don’t necessarily lead to violence against women, she suggests that objectification and dehumanization of people are usually the starting points for violence. She supports her notion by giving examples of homophobia, racism and terrorism where violence is always the aftermath of dehumanization. Young girls grow up in a world that demands absolute perfection in terms of beauty but makes them aware that such perfection is unattainable.

Eating disorders have become common because of the awareness that there is no prescribed formula to reach the said standards. Kilborne mentions the case of Ana Carolina Reston, a model who succumbed to anorexia as a sad example of how bad the situation is. However, she gives a positive example of KateWinslet, an actress who is well known for standing up for what she believes when it comes to weight issues and not letting her career dictate how she ‘should’ look. The manner in which she handles the media and exhumes confidence is truly admirable.

In the YouTube video, “Killing Us Softly 4: Advertising’s Image of Women” by Jean Kilbourne it is apparent that advertisements’ portrayal of women do not only affect women by making them chase an illusionary perfection, but also initiates acts of violence against them.

Works Cited

Kilborne, Jean. “Killing Us Softly 4: Advertising’s Image of Women.” 12 Mar 2012.

advertisement technique which was used in the marketing of the Camel Cigarettes.

Topic: exposition and argument

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Introduction

Advertisement is one of the most powerful marketing strategies used by the business people. The main aim it to persuade the potential buyers to continue using the products produced by certain organizations and companies. Bearing in mind that the world of business is so competitive today, the management must use creativity in its advertisement aiming at winning favor from the consumers thereby remaining relevant in the market. The following discussion focuses on such advertisement technique which was used in the marketing of the Camel Cigarettes.

Discussions

Joe Camels the main agent employed to market the cigarette on behalf of the company knew that for it to be a success, he needed to be creative. He therefore employed certain essential elements which included a picture of himself on billboards smoking. This was a great motivator for anyone who wished to smoke. He also appears to be strong which indicates that there are no physical damage involved in smoking. He also employs the cartoon advertisement techniques which attract the young generation. The camel on the billboard has also been portrayed playing pool a game that is liked by the young generation.

In my opinion, the images on the billboard are targeting specific audience who include the men, women who are not pregnant and the youths. Joe Camel is a representation of the older men, the cartoon appeals to the young generation while the inscriptions on warning provide a room for women to smoke.

Both the camel and Joe camel have an aim of marketing the cigarette. The camel has been depicted smoking while Joe is lighting his too. Both have one thing in common and to my opinion I think Joe is trying to identify himself with the camel. It is known to exist in arid areas where there is little or no water. By smoking, Joe tries to pass a message that such thirst will be quenched. The main contrast is found on the warning words. On the camel’s advertisement, the words are ‘smoking by pregnant women may result in fatal injury and low birth weight’ while on Joe’s the warning is ‘cigarette smoke contains carbon monoxide. Both warnings fail to adequately inform the consumers on the physical and financial implications of smoking. For instance, Joe’s warning seems to place dangers on those who inhale the smoke from a burning cigarette rather than the ones smoking. However, the contrast appears where in the camel’s warning, pregnant mothers are discouraged from smoking. If indeed smoking had no health implications, then even them would be allowed to smoke.

The two advertisements seem not only to appeal to different audience in terms of age but also to all races of the world. Joe represents the white race while the camel represents the black race. Camel is mostly found in Africa especially north of Sahara. It is also found in arid parts of the Asian continent. The message here is that cigarette can be smoked by the people across the world and all cultures. The use of cartoons on t-shirts and capes mostly will attract the young people who are the most consumers of such graphics. Women are also included with the exception of the pregnant ones. Therefore, I conclude that indeed all the people in the population are represented.

Conclusion

Advertisements can be controversial and sometimes misleading and may make the consumers expose themselves to dangers as a result of consuming those products. This is because there is little dissemination of the importance information on the health implications. Joe Camel took advantage of this to market the cigarettes which we all know have had adverse effects on the health of the consumers.

Advertisement Trademarks

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Advertisement Trademarks

Question One

In the recent past, lawsuit against false advertisement has been on the rise, and has resulted in unfair competition. Lanham Act was established to handle cases of false advertisement in the global markets. The act permits firms to file a private suit in the courts following false advertisement. The advertisement “just screw” is very false and misleading. It is unlawful for an advertiser to make statements which are harmful, false and misleading about the nature of business operations, quality of goods and services and other commercial activities. In this case, Nike can claim that the ads resulted in adverse economic effects. The company can claim that the false advertisement has resulted in loss of customers to the competitors hence has not been able to achieve the economic objectives. Nike Corporation can allege that the advertisement has eroded the entity’s reputation, and this might have long term negative economic effects. False advertisement gives rise to lawsuits. The best defense to false advertisement by Candies is to prohibit the case from running. It should appoint an experienced legal counsel who is very clear of all existing advertising before it is run.

The choice of the domain name has become an important business issue in the recent past. The domain name is registered by a firm or company to enable the internet users locates the site on the web very easily. When registering, a firm should choose a domain name that is distinctive from those that have been used by other firms. Using common domain name present numerous issues that might have direct negative effect on the business operations. From the case study, the two companies have used the same common domain names. Therefore, the domain owner is likely to experience negative effects that could have been avoided if the other company had not used it domain. It is difficult for the company to build up any special reputation. In addition, the company’s abilities to protect others during unfair competition are paralyzed.

According to the law, it offensive to pick a domain that is used as trademark of another firm, especially if it is widely known. Most laws around the world treat registration of company’s trademark using a domain name of another existing company amounts to trademark infringement, and this has adverse consequences. Therefore, the faulting company should pay the damages incurred by the owner. This is subject to dispute resolution procedures to enable the owner stop the other firms from cyber squatting the domain name.

Question Two

According to the federal laws, it is unlawful for an advertiser to make false or misleading statements about the nature of the products or service that is being offered by the competitor. Following false advertisements, consumers will start to develop negative attitude towards the products and the organization that is being falsely advertised. The competitors will take advantage of such situations thus profiting themselves. The advertisement result in unfair competition in the market since the consumers will try to avoid the products of that particular firm. The advertisement that has been made concerning the Polyglycoat products is false and misleading. The advertiser has used the corporation product to convince larger number of customers that the polyglycoat made by the competitor does not meet the needs and demands of the customers hence they should switch to desirable option, polycracker. Such advertisements amount to product disparagement. The rival firm is trying to discredit the product offered by the competitor. According to Lanham Act amended in 1998, false advertisement of such kind is wrong hence the affected company has the right to sue the advertiser or the rival firm. The advertisement tarnishes the name of the company hence eroding good public reputation.

The descriptions given on the ads amount is going against the law hence Polyglycoat should file a case for the damages suffered. According to law, a competitor has full rights to use the trademark of another company provided that it is unlikely to lead to confusion of customers as concerning the products of the company. However, Polycracker has used the advertisement to confuse the customers about the competitor’s products. This is a white-collar crime which should not be practiced in the competitive environment. The Polycracker should have advertised its products without mentioning the name or the products of its competitors. The advertisement made by Polycracker amounts to disrespecting and harming the competitor.

The advertisement amounts to breach of law and has negative consequences on Polyglycoat products. This is unfair competition hence its can result in numerous economic damages. Through the court, the Polyglycoat should demand corrective advertisement campaign by the rival firm. As a plaintiff, Polyglycoat should obtain injunctive relief from court for. Upon the false advertisement, it is obvious that Polyglycoat will loose great deal of customers to the rival firm. Consequently, Polycracker will profit itself due to unfair competition resulting from false advertisements. Subject to principle of equity, the corporation should demand any profits made by the rival firm after the advertisement was made. Polycracker has no option other than to surrender the profit to injured company. In addition, Polyglycoat Corporation should demand for compensation sustained following false advertisement. As stated earlier, the false advertisement has negative effect on reputation of the company. Along other damages, the Polycracker should Polyglycoat for the damages suffered. Bringing the case to court involves substantial costs. Therefore, Polyglycoat should demand for compensation for costs of the action for the rival firm.

Advertisements, Societal Values and consumerism

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Introduction

Marketing or advertising has always been recognized as one of the most (if not the most) crucial pillars of any enterprise. Needless to say, time has proved it as an effective technique for increasing the sale of products and services, both old and new. In fact, the relevance, profitability and long-term sustainability of a business or its products is closely tied to advertisement and marketing. Its importance traverse the boundaries of business entity into the economy especially considering that it generates wealth for economies through taxes paid both on goods and adverts, as well as the trickle-down effects. Numerous jobs are created through production of goods and services, and marketing, resulting in a reduction in unemployment (Clarke et al, 1994). Needless to say, recent times have seen the incorporation of numerous changes in the arena of advertisements. This has all been done in an effort to enhance or improve their effectiveness in a rapidly changing world (Kilbourne, 1999). The changes have mainly been with regard to the quality of images used in adverts, as well as the message that they have to convey or send to their target audience (Clarke et al, 1994). On the same note, images and adverts carry certain messages pertaining to the moral values of the society within which they are produced (Kilbourne, 1999). Adverts and images are closely linked to consumerism, depicting a society where morality takes the backseat in favor of personal happiness and freedom.

Image 1

The image represents a cover page for an American magazine known as Harper’s Bazaar. The target audience for the image and the magazine at large are women, as the magazine describes itself as the fashion store for women who pioneer in buying the best, from couture to casual. Given that the magazine serves to advertise fashion designs and products targeting women, it goes without saying that the image is primarily aimed at attracting them into looking at the products advertised in the magazine and possibly influencing them to make a purchase, not only of the magazine but also of the products outlined in there. After all, that is the key importance of images as they speak a thousand words in a glance. The image is composed of five women in dark clothing against a red background. These women seem to be of different ethnic backgrounds as evidenced by the variations in their skin color, hairs, as well as physical features. However, the common denominator for their clothing is that they incorporate an element of elegance, sophistication and provocative designs. The attire of these women is evidently suited for different settings, including office, outings, clubbing or other functions. The elegance of their clothing is complemented by their high-heeled shoes, with some of them donning some bangles and necklaces. The foreground of the image incorporates the phrase “Bazaar presents…The Ultimate Supergroup” in bold letters.

On the face of it, the image underlines consumerism. This is an economic and social order that promotes the purchase of services and goods in ever-greater amounts. It is a theory that is built on the notion that a heightened consumption of goods is an economically desirable venture. In essence, the image is undoubtedly aimed at encouraging an increase in purchasing of the products outlined in the magazine. These are consumer goods such as perfumes, clothing and shoes advertised in the magazine. The impression that is created in the images is that with the purchase of the consumer products (clothing, shoes and jewelry) such as the ones that the models in the image have would be an express ticket to a happier life (Kilbourne, 1999). The advert promotes the notion that these consumer goods would make the consumer look “cool. It is worth noting that the portraits of the women in the middle ground resemble the person that the consumers would “apparently” become once they purchase the items outlined in this fashion resource. While this may not be expressly stated in the image, it is exactly the thought that the crafters of the image want to trigger in the mind of the consumer as that would be a considerably effective technique of getting them to make the purchase. On the same note, the propagates the notion that satisfaction, happiness and sex appeal are not only impending but can also be obtained through making the next purchase (Murphy et al, 2005). The notion presented in the image is that of happy and contented women, with perfect bodies belonging to “The Ultimate Supergroup”. This pushes the message that as much as an individual may be having everything that she wants, she will always be lacking something that can be obtained through the next purchase (Murphy et al, 2005). The bold phrase complements the portrait in creating the impression that happiness, satisfaction and sex appeal are within the consumers’ reach with regard to making the purchase. Needless to say, the clothing that the women have is quite skimpy in spite of its being sophisticated, elegant and fashionable. It exposes the legs including the thighs of the women, as well as cleavage, all in an effort to underline sex appeal. The women seem extremely contented despite the skimpy dressing. It goes without saying that as much as fashion and personal attire are a matter of personal choice, morality demands that some parts of the body remain private. However, the image creates the impression that morality and conservative societal values should take the back seat, with an individual pursuing happiness and freedom incorporated in such skimpy dressing and attire (Murphy et al, 2005).

While this image may be specifically meant for that issue of Harpers Bazaar Magazine, it is not an isolated case as far as its features are concerned. Harpers Bazaar is primarily a fashion magazine specializing on attire that looks, elegant, sophisticated and fashionable. While this does not always underline skimpy dressing, images of women of all races in skimpy dressing dominate the magazine, whether in print or in the website. In essence, their images promote a carefree attitude, where personal happiness and carefree attitude supersede morality and conservative values pertaining to dressing.

Image 2

The image incorporates the image of a lady in what may be termed as briefs. She is lying on elegant sheets wearing knee-high socks and a camisole alongside a panty with nothing else. She is blowing away at an inflated bubble gum, lying on the bed in a carefree manner in her skimpy dressing. Her white camisole seems to blend beautifully with the sheets leaving the audience to have a view of the blue knee-high socks that have white stripes and the tap panty. At the right-hand corner, there are descriptions of the apparel that the woman is wearing. The main or target audience for this advert is women, which is why the advert lays emphasis on the camisole, panties and knee-high socks.

The hidden meaning of the attire comes out clearly when the clothing and posture of the items incorporated are considered as a whole rather than in isolation. The woman is wearing skimpy clothing but does not seem to care much about the outside world or the audience. In fact, she goes ahead to blow at the inflated bubblegum. These attires seem to emphasize on the sex appeal, satisfaction, happiness and freedom that comes with the attire of the woman. As much as this is not expressly stated, the image of the woman oozes confidence and carefree attitudes, as well as satisfaction. Scholars note that advertisers would never make express statements that seem to force the consumer to make the purchase, rather they will carefully craft their advertisement images in order to trigger that thought in the target audience (Murphy et al, 2005). This creates the impression that women would be sure to attain satisfaction once they have purchased the items outlined. On the same note, the woman despite her non-conservative (skimpy) mode of dressing seems contented and happy. This underlines the contemporary society’s notion that personal happiness reigns supreme in relation to what is considered morally right.

As much as the woman in the advert may be skimpily dressed, the company is not solely known for making such adverts. In fact, quite a large number of the adverts in its website have individuals (both men and women) in full clothing as the situation demands. However, this does not negate the fact that the website still incorporates images of seemingly happy women with skimpy clothing, sometimes with their upper or lower bodies entirely naked, in a carefree manner.

These two images are similar in varied ways. First, both of them use skimpily dressed women in an effort to push their sales up. The skimpily dressed women are considerably slim in both cases, with perfect looking bodies, all seemingly contented and happy with themselves. While there may be variations in the elegance that both come with, it is evident that the adverts are aimed at underlining the satisfaction and contentment that comes with such apparel. Both, therefore, seem to promote or propagate happiness irrespective of whether the clothing or apparel goes against conventional moral norms.

However, the two images use different strategies of underlining carefree attitude, contentment and satisfaction. For the first image, the advert uses the smiling faces and the standing postures of the women, while the second one uses the lying posture of the woman and her act of blowing into the inflated bubblegum. These create the impression that the women are contented with themselves, with the consumer being expected to connect the dots to the purchase of the advertised items.

In conclusion, advertisement has been one of the key pillars of many entities. It is known to be a fundamental determinant of the long-term sustainability and profitability of business entities. However, it has undergone tremendous changes in an effort to remain effective in the highly dynamic world. In essence, advertisers have become creative in their presentation of images in adverts. Most adverts encourage consumerism, while negating conservative moral values and promoting personal happiness and satisfaction. This is what the two images do through the incorporation of skimpily dressed women, something that would be frowned upon in the conservative society. These aim at outlining the satisfaction that comes with the next purchase of the items outlined.

References

Kilbourne, J (1999). Deadly Persuasion: Why Everyone Must Fight the Addictive Power of Advertising. New York: Free Press

Murphy, P E., Gene R. L., Norman E. B., & Klein, T.A (2005). Ethical Marketing. Upper Saddle River, NJ: Pearson Prentice Hall.

Clark, E. M., Timothy C. B., &David,W. S (1994). Attention, Attitude, and Effect in Response to Advertising. Hillsdale, N.J.: Lawrence Eribaum Associates

Advertisers have been exposed to various techniques of advertising especially with the up surge of interest

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Introduction Advertisers have been exposed to various techniques of advertising especially with the up surge of interest brought about by cultural and technological changes which include the online networking social advancement. E-advertising has gained popularity in the world today such that a traditional method of advertising like use of newspapers has been used on a minimal basis. Online advertising is the best media to use when advertising your products especially since many of the people use the internet today (Etzel et. al., 1997, pp. 55).

Product Offered products to the market with an intention of acquiring, using or consuming a need in this report are the sneaker shoes (Nike, adidas among others). These products need no further description since they are known globally for their quality in performance. Nike sneakers are sporty shoes used by most runners in the world during their competitions. Nike Company has been able to come up with different types of sporty wear that meet the desires of the customers by coming up with a solution that best solves the problems brought about by competitors who want to ruin the name of the company. Nike has been able to reach a large group of audience through all advertising techniques including the use of billboards. The actual Nike product has five characteristics which include: level of quality, features, design, brand name, and packaging. Sneaker Companies also have core product which aim at solving the problems searched by different customers when buying a specific kind of product. Nike gives consumers additional benefits like a warranty of some months (Sutton, 1998, pp. 100-120).

Nike has been classified as a specialty product since it has unique features and the consumers have dedicated their time in purchasing the product. Nike’s product quality considers the level and consistency it has on the target market and competing companies. The features of Nike have been used as a differentiation tool from the products of other competitors. The usefulness and appearance of the product has been able to create awareness of the product from others, performance of the product has been improved, and production costs have been cut. They have been able to give the product a strong advantage from its competitors. Brand strategies for any company have four choices to make; line extension whereby they will be using the same brand name in introducing additional items like colors, size of packaging, and form on the product already in existence in the market. Brand extension is the second choice made by companies to launch a new category production thus the product will be accepted and recognized more easily and decreases the tools used in advertising. Multi-brands is where the seller develops two more types of brand in the same category of product. This brings about increase in the market share of companies. A new brand name is the last category of strategy where the company introduces new names of the brand in totally new categories of the product.

Nike has communicated the brand very well to the consumers by using a unique brand name and logo for its product. The method used in advertising this product is good since the consumer’s desires are fully met to suit their vast categories of individuals. Solutions have been arrived at concerning the existing competitors in the business of sneakers. Place Nike is a product focused company and thus needs to establish appropriate distribution channels in order to maximize the sales and profits of the business. By determining the preferred channel of consumers and comparing it with other companies, the company has been able to improve its strategies of distribution. New channels have been recommended since the times are changing. Another distribution strategy is the comparison made between the effectiveness of strategies used by the competitors and the one employed by Nike Company. After gathering all this information, an interview is carried out with the company’s distribution partners in identifying the areas to be improved on and encouraging the existing strengths. All these distribution strategies have enabled the company succeed.

Not all distribution information strategies are advertised since this will be risking. Competitors can use all tactics to come up with ways of devising the weaknesses of the company and use it to their advantage in attacking them. Adverts tell consumers the means of distribution in order to attract new groups of consumers. Giving out some information on the channels of the distribution helps in monitoring the trends of consumers and as such one can improve on them before loosing many customers to other companies. By doing this, we are going to attract more consumers to buy our products and persuade them to invest on our wide range of products available at all departmental shops and outlets (Tirole, J (1990, pp. 65-66).

Place is a marketing mix that needs to be considered always since it deals with convenience of the product’s availability and access at all times of the year.

Comments

Product is a marketing that needs to be analyzed widely in order to persuade a wide variety of consumers. Place marketing mix in Nike Company products will be able to distribute to many people since they are well located in most parts of the nation.

Bibliography:

Etzel, J Walker, J & Stanton, J. (1997), Marketing, New York: McGraw-Hill pp. 55.

Sutton, J (1998), Technology and Market Structure, Cambridge, MA: MIT Press pp. 100-152.

Tirole, J (1990), Theory of Industrial Organization, Cambridge, MA: MIT Press pp. 65-70.

Advanced Ethics End of Life Issue Topic

Advanced Ethics: End of Life Issue Topic

Justice: Allocation of Resources for the Terminally Ill in ICU Settings

Justice within the health care setting is a matter that requires a sensitive approach due to the intricacy with which decisions made by health care professionals and administrators have on the life of the patients. Among the most striking applications of justice within the healthcare setting is the allocation of resources of particularly for the terminally ill patients. On one hand, it is important to acknowledge the fact that the resources to save life, just as it is with most other vital resources in life, are limited in supply within a backdrop of an almost ever increasing demand. Justice as an ethical duty for the health care profession facilitates the making of the difficult decision on which individuals on the terminal illness patients’ list gets the allocation. As such, a clear ethical consideration basis must be formulated and followed to the latter to ensure that the most deserving patients are served by the profession on the merit of the appropriate considerations of making the waiting list.

To justify the importance of this topic to the health care industry, it is perhaps important to highlight the most critical areas of application of justice characterized by the allocation of organs for transplant. According to the healthcare professional ethics, justice should be employed in the allocation of transplant organs to the terminally ill patients based on a number of considerations (Giuliano, 1997). However, the following of the outlined code of the allocation has been a problem with cases of organ smuggling and buying cartels being reported in many instances. Alternatively, it is suspicious how celebrities and other high ranking members of the society climb up the waiting list in the allocation of organs.

As an illustration of the complexity of the distribution of transplant resources such as vital organs, there is a landmark episode in the American health care ethics history represented by contentious allocation of liver transplant to Todd Krampitz. In ethical considerations of the case, it is reported that Mr. Krampitz’s liver was fast deteriorating having suffered from a large tumor and waited for a well wisher to donate the organ. Krampitz and his family decided to design huge signboards, newspapers and television notices appealing for well wishers who would donate the organ to him. Eventually, a family emerged having lost a member to an accident and decided to donate the liver to Krampitz eventually saving his life through the transplant. Despite the ethical considerations binding doctors in the organ allocation system, his doctor went on to overlook the system where over 17,000 patients had been lined up ahead of him on the waiting list (Caplan, 2004).

As an ethical profession, it fails to be depicted in the case in the conduct of the doctor for circumventing the justice system of allocation of organs which are increasingly a rare resource against the rising number of patients in need of transplant. It has also been reported that politicians and superstars have severally been involved in arm-twisting the administrators of the system to allow them to be slotted ahead of other deserving patients on the waiting list. According to McCarrick (1995), the number of patients in need of organ transplants has steadily increased annually by about 20 per cent against an almost similar number of organ donors. To ensure that justice in the allocation of organs is adhered to, professional ethics needs to rise up to the occasion on an equitable basis. Treating every individual in need of an organ transplant will only be conducted in a just way if professionalism stands above the status considerations.

Just allocation of resources among the terminally ill patients has been a problem in many countries for a long time, with cases of an organ black market existing. As an illustration, it is reported that China had one of the most notorious illegal trade of organs where involuntary harvesting of organs from disadvantaged persons was going on for a while (Menikoff, 1999). Ethical acknowledgment of the need for justice in the healthcare profession particularly in taking care of the terminally ill patients is a milestone in the profession. However, adherence presents the biggest hurdle to the profession and enthusiasm observed in compliance to other professionalism duties and codes must be replicated on this end. While terminally ill persons may not actively take part in soliciting or even forcibly acquiring organs, influencing the system of organ allocation is a major setback to resource allocation in a just way.

Childress (1996) reckons that it is not enough to hold ethical opinion if application of the appropriate systems of allocation of resources such as organs cannot be followed. To this end, it is important to consider other channels of implementing ethical systems for instance by departing from the traditional principles altruism in dealing with organ allocation. Under altruism ethics, morality calls bind professionals to act in a manner that will ensure helping and benefiting others beyond their individual interests. Bearing in mind that most ethical codes of conduct in health care pay unmatched attention to altruism, it follows that the logic of circumventing the system would not hurt the professionals for having assisted someone in the end.

According to Krom (2005), it is perhaps time to make a departure from altruistic approaches in dealing with justice in allocation of resources to terminally ill persons and employing mutually assured assistance. In view of the author’s perspective, resource allocation would be better if the waiting list criteria are made with a more charity based approach across the donors and receivers. A different approach is argued by Menikoff (1999) who proposes a working organ swapping basis for the allocation of resources to work. The author argues that there is need for the receiver to avail an organ from his relatives to assist someone else on the waiting list and reduce the large numbers of people with organ needs. Organ swapping as recommended by Menikoff (1999) seems more logical than many other justice based organ allocation systems which can easily be circumvented exposing them to injustice.

In my view, it is very important for resource allocation systems for terminally ill patients to consider justice implications in advance of their implementation. While acknowledgment of a just allocation may be the driving force of adoption of a particular resource allocation system, such as the organ waiting list, it is important to interrogate its implications on implementation. Manipulation of the system by able persons through various influential inputs is perhaps one of the most difficult areas of implementation of resource allocation. It follows that the less advantaged persons in the terminally ill group of patients will be subjected to injustice following such systems’ incapacity to equitably handle their plight. A review of the system operating in the health care system must be conducted to highlight the incapacity of dealing with the manipulations. Health care provision should be accorded to all persons regardless of their state of condition provided the justice system avails an equal chance of treatment and care. As an illustration of the practicality of the need for equitableness, the current American allocation system dictates certain conditions that the patient must fulfill to qualify for a top priority in the allocation of organs. Among the criteria for first consideration is the severity of the condition and chances of survival in case a transplant occurred. Based on the fact that the organ being transplanted is not replaced, as recommended on the organ swap system, this will remain to be a retrogressive system that can be likened to a death license. An equitable chance in the organ swap system can raise confidence among patients which has been demonstrated to positively work in the healing and recovery process thereby making justice in resource allocation a reason for all patients to have hope for another day alive.

References

Caplan, A. (2010) “Cutting in Line for Organ Transplants.” Retrieved from: http://www.msnbc.msn.com/id/5810779/#.Tox3gGUrxkg

Childress, J. F. (1996) “Ethics and the Allocation of Organs for Transplantation” Kennedy Institute of Ethics Journal, 6, 397-401

Giuliano, K. K. (1997) “Organ Transplants: Tackling the Tough Ethical Questions.” Nursing, 27(5):34-38

Krom, R. A. (2005) “Earning Points for Moral Behavior: Organ Allocation Based on Reciprocity,” International Journal of Applied Philosophy, 19(1):73-83

McCarrick, M. (1995) “Organ Transplant Allocation,” Kennedy Institute of Ethics Journal, 5(4):365-384

Menikoff, J. (1999) “Organ Swapping.” The Hasting Center Report, 29(6):28-33

Advantages and disadvantages of thinking out of the box

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Advantages

You may act and think differently from the rest so you can come up with fresh new ideas which no-one has ever thought of and you are more able to think out of the box. There is much concern that this method will not only offer different idea but also offer reliable information for decision making.

You may get more time to yourself. This will offer an individual time to analyze the answers on board or the solutions

It makes you special and you stand out from the crowd. This creates a leader from the others and prestige kicks on

People may like you for having interesting different things to say. This gives an individual a chance to become a leader among the others because of always coming with unique ideas (Gray, 2010).

Disadvantages

Some people take this as you not liking the way they act. People we take you as a person who is anti-social

If you are not quite the same, sometimes, people don’t really know how to interact with you so they may leave you alone. This is possible to lead to stress and depression among other people.

People may think you are weird if try to act different. This creates a different image of you among others.

If you are always being left alone and if you are always isolated, then this can result in unpopularity. You may get depressed and people may get the wrong impression of you.

References

Gray, F. E. (2010). Specific oral communication skills desired in new accountancy graduates. Business Communication Quarterly, 73(1), 40-67.

Advanced Financial Accounting Theory and Analysis The Concept of Conservatism

Advanced Financial Accounting Theory and Analysis: The Concept of Conservatism

(Author’s name)

(Institutional Affiliation)

Abstract

Conventionally, the concept of conservatism has been exploited in accounting in relation to financial reporting in organizations. Economists argue that application of the principles of conservatism in financial reporting is beneficial to organizations as it allows them to acknowledge company loses, as opposed to, profits (Schroeder et al., 2010). Conservatism prevents organizations from making financial decisions that are potentially detrimental owing to lack of acknowledgement of the probable financial failures. In relation to capital maintenance concepts, conservatism seems to be more consistent with financial capital maintenance rather than physical capital maintenance owing to the different principles that characterize the two concepts.

Key words: Conservatism, Financial Reporting, Physical capital Maintenance, Financial Capital Maintenance

Introduction

In accounting, conservatism is defined as the discrepancy verifiability mandatory for identification of profits against losses (Watts, 2002). Put simply, conservatism is a method of accounting that acknowledges the losses that a firm has occurred before the firm’s profits. This method of accounting implies accurate authentication of accounting procedures before the claim of any profit, especially incurred expenditures and losses (Schroeder et al., 2010). The principle behind this form of accounting is ‘anticipate no profit, but anticipate all losses’. This further implies that all financial statements created using this theory place more emphasis on losses than profits. This, in turn allows accountants to mitigate the downside risks associated with certain financial decisions as compared to others. Admittedly, conservatism has affected financial reporting because it implies strict revenue-detection, which in turn, fosters proper financial reporting by firms. Firstly, conservatism encourages accountants to defer revenue until full verification is acquired. This ensures that the financial reports presented are accurate and consistent with the organization’s financial activities over time. Additionally, conservatism encourages accountants to, accurately determine, the company’s risk on earning. It guides accountants in terms of recognizing and reporting financial transactions subject to risks and uncertainty hence increase the credibility of the financial reporting system (Schroeder et al., 2010).

This paper examines the concept of conservatism in accounting, illustrating how conservatism has affected financial reporting in firms. The paper explains why conservatism is more relevant, and consistent with financial capital maintenance concepts, as opposed to, physical capital maintenance concepts.

Conservatism and Financial Statements

Economist have long argued on the authenticity and relevance of financial statements that have been developed through the application of principles of conservatism, with most arguing that such financial statements do not provide the necessary information required for proper financial reporting. The provision of financial statements that ignore financial gains and instead recognize fiscal losses provides information that is relevant and authentic. Financial statements that have been created using the concept of conservatism tend to be cautious in nature, with most of them exhibiting a subjective overvaluation of debts and undervaluation of the company assets (Watts, 2002). Such statements only recognize profits after the realization of sales, as well as, the losses incurred during a transaction. Primarily, conservatism implies the reporting of losses in a timely fashion, as opposed to, quick reporting of a company’s profits. Since all the partners to an organization contract on the financial statement to signify financial covenants, conservatism allows all the key players in the transaction to receive a timely warning concerning deteriorating financial performance. By observing the principles of conservatism in the creation of financial statements, accountants are discouraged from committing any financial violations as conservatism seeks to identify such violations straight away (Watts, 2002). Financial statements that have been created using the concept of accounting conservatism allow the organization, as well as, the stakeholders to take protective action, hence reducing the downside risks.

Conservatism and Physical Capital Maintenance

Physical capital maintenance is an accounting concept of capital maintenance stating that return on capital usually occurs when the end period of the physical productive capacity of an organization exceeds the period beginning (Schroeder et al., 2010). This is usually in exclusion of company transactions with its owners. Put simply, physical capital maintenance is a concept in accounting that recognizes income presented after making the necessary physical replacement of a company’s operating assets. The concept of conservatism is not consistent with this theory because it considers losses as returns of capital and for that reason, does not incorporate them in the income (Schroeder et al., 2010). The physical capital maintenance concept tends to exhibit a inclination towards the addition of asset value, which is the opposite of the underlying principles of conservatism.

Conservatism and Financial Capital Maintenance

Financial capital maintenance is another concept of capital maintenance stating that a return on capital occurs when the end period of the financial capacity of an organization exceeds the beginning period (Schroeder et al., 2010). Financial capacity, in this case refers to the financial value of a company’s net assets, excluding company transactions with owners. The concept of conservatism in accounting is consistent with financial capital maintenance as financial capital maintenance acknowledges losses as returns on capital, hence, including them during financial reporting (Schroeder et al., 2010). Unlike the physical capital maintenance concepts, this concept has the tendency to undervalue company assets with the aim of preventing any overestimation of company profits, hence agreeing with the principles of conservatism.

References

Schroeder, R. G. et al. (2010). Financial Accounting Theory and Analysis: Text and Cases. New

York: John Wiley and Sons.

Watts, R. L. (2002). Conservatism in Accounting. Retrieved from:

http://www.ekonomiportalen.se/Ross%20L%20Watts.pdf

Advantages and disadvantages of unincorporated business

Unincorporated business claimed by one individual, called a proprietor. The manager does not have separate lawful status from the business regardless of the possibility that the business is enrolled under an alternate name than the proprietor. The manager pays individual pay assess on the net assessable salary created by the business.

Consequences to failure to The Equality Act 2010 (EA 2010)

The extent of the Act covers work law as well as laws overseeing the procurement of merchandise and administrations and past. It orchestrates current fairness laws and augments some insurance to territories that were not long ago secured e.g., acquainted segregation, where an individual is dealt with diversely in light of the fact that an associate or partner is somebody secured by an ensured trademark, which connected just to three gatherings formerly yet has now been reached out to seven.

Outline and explain the contents of employment contracts and the legal liabilities of managers and director

Contents of Employment Contracts

The administrators and officials in a business are ensured some insignificant qualifications by power of honors and enactment. Nonetheless, these ensured rights are not that critical to most representatives in this (official) classification as they generally have pay rates that absolved them from most honor conditions. To comprehend the substance of current contracts with administrators and officials, it is important to consider what was composed and said when the director or official was utilized and what is really happening. In this circumstance, the letter of errand (if there is one) is applicable. So excessively is the thing that the gatherings expect the courses of action to be. This “comprehension” is great confirmation of what the assertion is especially if there is no other pertinent proof to indicate. An extensive composed contract is the most vital record in this setting. The composed contract ought to be complete as different sources get to be important if the agreement does not cover all applicable terms. Note: Some alleged officials and administrators are secured by honors. On the off chance that a worker goes under the business or calling secured by a grant and is not paid a compensation sufficiently high to take that representative outside the extent of the recompense scope then appending the title “supervisor” or the like won’t dodge honor scope (Fauvarque et al,. 2010).

Liability and Contracts

Managers and Directors are not normally generally in charge of agreement that they sign for the benefit of the partnership, gave that they have legitimate lawful power to sign. The partnership’s ordinances ought to contain a procurement on Managers and Directors’ and officers’ power to execute lawful instruments for the organization. The ordinances generally additionally contain a provision giving that the governing body may pass a determination selecting particular Managers and Directors or officers to sign for the organization. Note, on the other hand, that individual risk of Managers and Directors for contracts can, at times, emerge at regular law or under statute if the partnership is not palatably recognized on reports. At normal law, risk can emerge where a chief implies to enter an agreement for the benefit of a non-existent company. The pertinent statutory procurements are talked about later in this part.

Liability in Tort

A tort is a common wrong perceived by courts despite the fact that it may not be mulled over under statute, and for which the harmed party may look for harms. Managers and Directors are not generally at risk for torts submitted in a corporate connection unless their behave is tortious.

Despite the fact that there is constrained case law on the issue, especially in the setting of not-revenue driven enterprises, one conceivable occurrence of Managers and Directors’ con-conduit constituting a tort is the situation of careless fumble. Careless fumble emerges when the harm endured by the tort exploited person can be ascribed to indiscretion in the oversight of some part of the organization’s operations. It identifies with circumstances where the board knew of, or should have anticipated, a systemic issue and neglected to address it (Cahn & Donald, 2010).

Liability For Breach of Fiduciary Duty

Managers and Directors who break any of their obligations to the organization, , may be subject if the company endures a misfortune that can be specifically credited to their activities or oversights. To secure themselves from such risk, Managers and Directors ought to dependably consider whether the decision(s) or action(s) being taken are to the greatest advantage of the partnership. They must release their obligations of expertise and steadiness, too their obligation of dedication, incorporating acting genuinely and in accordance with some basic honesty, not disgracefully designating their obligations, and dodging clashes of investment.

Liability for Breach of Trustee Duties

Managers and Directors of magnanimous companies have conceivably higher introduction to individual risk than do Managers and Directors of other not-revenue driven enterprises.

The late choice in UK (Public Guardian and Trustee) v. Helps Society for Children (UK) stresses the trustee obligation of Managers and Directors of beneficent enterprises as semi trustees. The court held that these trustee obligations go past the insignificant advancement of the altruistic objects of the company. The case stipulates that in spite of the fact that Managers and Directors of a philanthropy may not actually be trustees of altruistic property, they “are, to all purposes and purposes, bound by the principles which influence trustees.”

Despite the fact that a lower court choice, this case unequivocally contends that Managers and Directors of a magnanimous organization have a commitment to apply beneficent property towards the altruistic objects of the philanthropy. This, thus, obliges that Managers and Directors take professional dynamic steps to ensure beneficent property. Any loss of magnanimous resources because of the latency or disappointment to demonstration of the Managers and Directors could make the Managers and Directors at risk for rupture of their trustee obligations, or perhaps even break of trust ().

At regular law, in UK in any event, Managers and Directors of magnanimous enterprises should not get any immediate or circuitous compensation or profit from the philanthropy on which they serve as Managers and Directors unless court approbation is initially gotten. It is not settled law whether such a necessity applies in different purviews. This implies that a chief of a beneficent organization can’t be a paid representative, foreman, specialist or expert administration supplier of the philanthropy, regardless of the fact that they are paid beneath reasonable business sector esteem for the administrations rendered or merchandise supplied. In such cases, both the executive who got the compensation and Managers and Directors who approved it would be at danger of individual risk.

The tenet against compensation does not make a difference to out-of-pocket costs brought about by Managers and Directors, for example, mileage or other sensible and related travel costs. Managers and Directors might honestly be repaid for these things. In UK, the Charities Accounting Act permits philanthropies to take after a method to get assent from the Public Guardian and Trustee to allow Managers and Directors of altruistic companies to get compensation. Be that as it may, philanthropies don’t frequently utilize this alternative, and it is not clear which cases will get the approbation of the Office of the Public Guardian and Trustee. In purviews other than UK, an application to court under trust law may be conceivable to allow compensation. Then again, the accessibility of this cure seems never to have been tried in a UK purview.

Liability for breach of trust when dealing with charitable propertySince their obligations are much the same as those of trustees, Managers and Directors of beneficent enterprises may be held generally at risk for break of trust in the event that they bungle magnanimous resources. This implies they can be by and by in charge of everything of any misfortune to the magnanimous resources.

Breach of trust involving investment decisionsManagers and Directors of magnanimous partnerships face impressive obligation dangers from the dishonorable venture of altruistic stores. Obligation of Managers and Directors in this see may emerge as an aftereffect of their disappointment. Obligation dangers to Managers and Directors emerging from speculation of beneficent property can be critical, and hard to secure against. Obligation can extend from misfortunes emerging from awful speculations to risk for missed venture opportunities from excessively progressive speculation choices.

ExampleNotwithstanding a monetary retreat – i.e. two back to back quarters of negative financial development in the national economy – disappointment of trustees to survey their venture portfolio could be thought to be putting the altruistic resources unduly at danger. It is vital to note, nonetheless, that this involves a two-section necessity: the Managers and Directors are committed both to take a gander at whether the portfolio ought to change and to take a choice about what changes, if any, to make

Common Law Liabilities

Liability for lack of corporate authorityManagers and Directors acting outside the extent of their power as characterized by the letters patent, supplementary letters patent, or other representing archives of the enterprise are generally in charge of any choices or moves they make. This obligation may emerge owing to statutes, contracts, torts or the regular law. Viably, the Managers and Directors are considered to have taken the decision(s) or action(s) as people instead of as a corporate body, so the ‘corporate shield’ does not make a difference (Kershaw, 2012).

Statutory Liabilities

Numerous commonplace and government statutes force individual obligation on Managers and Directors of not-revenue driven enterprises. The most well-known of these identify with workers, reporting necessities, assessment and ecological regulations. Leaves of Managers and Directors ought to get legitimate counsel to focus the exact extent of statutory obligation influencing them. This will fluctuate as indicated by the exercises of the company and the jurisdiction(s) in which it completes those exercises. This section concentrates on a percentage of the more regular territories of statutory obligation.

Resign

When in doubt, leave. Leaving might be useful to avoid causing further liabilities. It won’t secure you from any liabilities emerging from occasions which happened while you were an executive. In the event that you choose to leave, much the same as disagreeing, you must verify that you do so legitimately. You must leave in composing in light of the fact that a renunciation gets to be legitimately powerful at the time an acquiescence in composing is gotten by the organization unless the abdication tags a later date. By and large, in the event that you are leaving, you need it to be viable at the earliest opportunity. I generally prescribe that an abdication be hand conveyed, sent by dispatch, or sent by fax or email to a senior officer at the enterprise.

Don’t stop there then again (Nottage, 2009). It is additionally critical to see that your abdication is accounted for in UK under the Corporations Information Act by recording a proper Notice of Change. This puts the actuality of your abdication in the general population record and permits you to report the date when you accept your acquiescence got to be successful. Once in a while that date may be questioned. Being on people in general record with your renunciation and its successful date is essential. At the point when government authorities are considering an evaluation against a chief, the primary spot they check is general society record. You would prefer not to be in the position where you get a letter proposing to survey you generally when you surrendered years before yet your acquiescence was never legitimately noted on general society record.

The date of acquiescence can likewise be discriminating on the grounds that a significant number of the statutes that force obligation on a chief have a two-year restriction period. For instance, a case for unpaid wages against a chief under the Employment Standards Act, a case for which there is no due constancy resistance, can’t be made more than two years after an executive leaves.

Demonstrate the ways in which European law affects the conduct of business in the United Kingdom

A key territory of government monetary arrangement is the part that the legislature provides for the state in the economy. Somewhere around 1945 and 1979 the administration progressively meddled in the economy by making state run commercial enterprises which typically took the type of open companies. On the other hand, from 1979 onwards we saw a time of privatization in which commercial enterprises were sold off to private shareholders to make a more aggressive business environment (Kristinsson, 1999). Tariff arrangement influences business costs. For instance, an ascent in organization charge (on business benefits) has the same impact as an increment in expenses. Organizations can pass some of this assessment on to purchasers in higher costs, however it will likewise influence how the money adds up. Different business assessments are natural charges (e.g. landfill assessment), and VAT (quality included duty). VAT is really passed down the line to the last shopper however the organization of the VAT framework is an expense for business.

An alternate range of monetary approach identifies with investment rates. In this nation the level of investment rates is dictated by an administration named gathering – the Monetary Policy Committee which meets consistently. An ascent in premium rates raises the expenses to business of obtaining cash, furthermore causes shoppers to diminish consumption (prompting a fall in business deals).

Identify and explain the main sources of law affecting businesses and policies relating to customers, related companies and employment

There are numerous diverse wellsprings of law in any general public. A few laws will be composed in the nation’s Constitution; others will be passed by the governing body (normally a parliament or congress); others will originate from long social custom.

Constitution

In any nation with a composed Constitution, the Constitution will overshadow whatever other wellspring of law. Case in point, if the Constitution says there is flexibility of discourse for all natives, however the social custom is for ladies not to talk openly, a court will ensure the right of any lady to talk in broad daylight on the off chance that she decides to do so; the Constitution takes need over convention (Cheffins, 1999).

Customary law

In creating nations which have been decolonised since the 1940s or 1950s, the law is for the most part a mixture of law presented by the previous pioneer power and standard law which was there before colonization (Crane & Matten, 2010). That standard law frequently still takes need in specific ranges of life. Common law

Any law passed by a legitimate government which is not quite the same as English normal law will overshadow basic law.

For instance, under the English basic law standard of habeas corpus, the police are not ready to hold an individual for more than a certain period (ordinarily 24 hours) without bringing them in the eyes of an open court. Habeas corpus can be inexactly made an interpretation of from Latin to signify “reveal to us the individual” and it is intended to avert powers holding individuals in mystery without due legitimate procedure.

Legislation

Any law passed by a legitimate government which is not quite the same as English normal law will overshadow basic law. For instance, under the English basic law standard of habeas corpus, the police are not ready to hold an individual for more than a certain period (ordinarily 24 hours) without bringing them in the eyes of an open court (Horrigan, 2010). Habeas corpus can be inexactly made an interpretation of from Latin to signify “reveal to us the individual” and it is intended to avert powers holding individuals in mystery without due legitimate procedure.

Case law

Governing bodies pass laws, yet courts work out what they mean in practice. Laws are translated and tried by a progression of trials, over a time of time, under a mixed bag of circumstances.

For instance, the law says in a few nations that autos ought to drive on the left-hand side of the street; yet it likewise says that pontoons ought to pass port-to-port (that is, as though they were on the right-hand side of a fanciful street). What ought to happen in the occasion of a surge, where a truck driving along an overwhelmed street meets a pontoon nearing the other way?

Is the street still a street? Assuming this is the case, they must keep left and pass right-side to right-side. Alternately would it say it is currently a conduit? Assuming this is the case, they must keep right and pass left-side to left-side. The enactment will state plainly what the principles are in each one case; however it is unrealistic to say unmistakably how profound the water must be before a street transforms into a conduit.

References

Armour, J., & Ringe, W. G. (2011). European Company Law 1999-2010: renaissance and crisis. Common Market Law Review, 48(1), 125-174.

Beale, H., Tallon, D., Vogenauer, S., Rutgers, J. W., & Fauvarque-Cosson, B. (2010). Cases, materials and text on Contract law. Hart.

Cahn, A., & Donald, D. C. (2010). Comparative company law: text and cases on the laws governing corporations in Germany, the UK and the USA. Cambridge University Press.

Cheffins, B. R. (1999). Using theory to study law: a company law perspective.The Cambridge Law Journal, 58(01), 197-221.

Crane, A., & Matten, D. (2010). Business ethics: Managing corporate citizenship and sustainability in the age of globalization. Oxford University Press.

Horrigan, B. (2010). Corporate social responsibility in the 21st century: debates, models and practices across government, law and business. Edward Elgar Publishing.

Kershaw, D. (2012). Company law in context: Text and materials. Oxford University Press.

Kristinsson, G. H. (1999). Iceland. Semi-presidentialism in Europe. Oxford University Press, Oxford, 86-104.

Nottage, L. (2009). Consumer law reform in Australia: Contemporary and comparative constructive criticism. Queensland U. Tech. L. & Just. J., 9, 111.

Siems, M., & Deakin, S. (2010). Comparative law and finance: Past, present, and future research. Journal of Institutional and Theoretical Economics JITE,166(1), 120-140.

Advanced Financial Accounting Theory and Analysis ‘The Concept of Conservatism’

Advanced Financial Accounting Theory and Analysis:

The Concept of Conservatism

(Author’s name)

(Institutional Affiliation)

Abstract

Key words: Conservatism, Financial Reporting, Physical capital Maintenance, Financial Capital Maintenance

Introduction

Conservatism and Financial Statements

Conservatism and Physical Capital Maintenance

Conservatism and Financial Capital Maintenance

References

Schroeder, R. G. et al. (2010). Financial Accounting Theory and Analysis: Text and Cases. New

York: John Wiley and Sons.

Watts, R. L. (2002). Conservatism in Accounting. Retrieved from:

http://www.ekonomiportalen.se/Ross%20L%20Watts.pdf