Doctrine of Precedent Essay Example | Topics and Well Written Essays - 1750 words

Doctrine of Precedent - Essay Example Therefore, there is a dire need for a coherent case law. This is because it helps in strengthening the predictability of decisions and improves their authority. The doctrine of precedent also known as stare decisis provides that the decision of a higher court within the same jurisdiction acts as binding authority on a lower court within the same jurisdiction (Brassil & Brassil 2000). However, the decisions of higher courts act only as persuasive authority to lower courts in different jurisdiction. Therefore, the concept of judicial precedent requires cases to be decided in a similar way when the material facts are the same. The doctrine is only concerned with the legally material facts in order to arrive at similar decisions (Siltala 2000). On the other hand, Ratio decidendi translates to â€Å"reason of deciding† and can be defined as the material facts of a given case in addition to the decision thereon. Under common law, the doctrine of precedent is used to offer direction, certainty, consistency, and impersonality (Harlow 2005). Even as the doctrine of precedent is one of the most significant features of the common law, this doctrine is not without challenges. It is very important for any judge to identify a clear ratio decidendi in any precedent (Duxbury 2008). One of the main challenges in making decisions guided by precedents is the possibility of two conflicting methodologies employed by Lords to reach a decision. This paper will focus on the impact of the two conflicting approaches used by Lords Wilberforce and Bridge in McLoughlin v O’Brian 1983 and show how the choice between these two conflicting approaches would result to completely different results for the claimants in Alcock v Chief Constable of South Yorkshire Police 1992. McLoughlin v O’Brian 1983 AC 410 In this case, the plaintiff’s husband and their three children were involved in a road accident that was allegedly caused by negligence of the defendants. The accid ent caused the death of one of the plaintiff’s children while the husband and the other two children sustained serious injuries. When the accident happened, the plaintiff was at home two miles away from the scene. A motorist who witnessed it at the scene passed the information on the accident to the plaintiff. After the information, the plaintiff was taken to the hospital where her family members were admitted. When she looked at the extent of their injuries and the news of the death of her daughter, the plaintiff suffered severe and continuous nervous shock. The plaintiff sued the defendants claiming damages against them for the nervous shock, distress, and injury to her health ultimately caused by the defendant’s negligence. However, the suit was not successful because the judge felt that the plaintiff’s injury was not reasonably foreseeable. The plaintiff believed that the defendant’s negligence led to her suffering. This case involved the tort of negl igence that has been a topic of discussion on the evidence of negligence (Stephenson 1996). In tort law, negligence is defined as the failure to execute reasonably, that is, as a normal man would perform. Therefore, according to Harlow (2005) â€Å"negligence is the omission to do something which a reasonable man, guided upon those considerations which normally regulate the demeanor of human affairs, would do, or do something which is prudent and reasonable man would not do.† Having defined negligence as a tort, it is of importance to note that it has remained the most vital tort in modern law (p. 8). This is because it utterly concentrates on the infringement of a legal duty to take care, which may result to damage of property or injury to the claimant. Negligence is known to cause individuals

Compare and contrast two business case studies Essay

Compare and contrast two business case studies - Essay Example Tesco’s great number of manpower and its powerful marketing strategy are the underlying strengths that make it dominant in its specified area of business. (ivythesis.typepad.com, 2011) Eden project aim is to promote the understanding and responsible management of vital relationship between plants and resources. The site covers 50 hectares and could hold 35 football pitches. The biomes are not covered y glass but in EFTE, a transparent high tech foil, contain more than 100000 plants from 5000 species. ? 86 million has been spent to autumn 2002. Staff almost doubled by 2002 to 650. The site has attracted over two million visitors in less than two years a benefit of ? billion to the Cornish economy is predicted for the period 2001-2011.The project was a brain child of a former record producer Tim Smith who started to formulate the idea when driving around the abandoned china clay pit just outside St Austell has become home to the largest conservatories (‘Biomes ‘Peter Long, 2004 p 824). The iconic build began in Cornwall in 1998 and was officially opened in March 2001; they had planned for 750000 visitors in the first 12 months instead 1.9 Million people made their way to former china clay Pit in England most Westerly County. Eden Project has given a huge boost to Cornwall’s economy creating more than 400 Jobs. ... One out of every three pounds spent in a supermarket goes to Tesco. It is the Britain’s biggest private employer with a workforce of 260,000 employees. (Poulter S 2005) In order to achieve steering- wheel -targets, Tesco’s HR strategy revolves around work simplification, performance management, challenging unwritten rules and rolling out core skills to all head office employees. This clearly highlights how business measures at Tesco are closely linked to performance management. Although the frontline employees are considered to be Tesco’s reflection to its customers, all employees have vital roles to play in achieving the organizations goals. This is done through an innovative induction programme that caters for styles of learning, different cultures and varying work commitments which ensures that every employee clearly understands his or her individual role in contributing to Tesco’s core values and purposes. Tesco ensures that employees understand how th eir actions affects the big ‘picture’ of the overall business by providing continuous training that creates a graphical journey through Tesco’s history, its values, core purpose, business goals, financial aims, commitment to customers and the marketing strategy. In order to keep lead over its rivals in the fiercely-competitive UK supermarket sector, Tesco has adopted a human-resource-led business strategy. The strategic policy started in the company’s supermarkets with an aim of improving customers’ service by freeing up stores employees. Tesco concentrates on clear definition of employees’ roles, activities and responsibilities to ensure that employees are accountable, responsible, consulted and informed. 13 key management techniques are

Ethical Dilemmas Assignment Example | Topics and Well Written Essays - 250 words

Ethical Dilemmas - Assignment Example Due to her experience and her reputation on evaluation, Fiona is the best person to deal with the case as she will combine her prowess with the interests of her department and come up with a sound decision. Ethical behavior is not so much a matter of following principles as of balancing competing principles (Stake & Mabry, 1998). I would ensure that ethical values are observed and that they are balanced with the commissioner’s goals. I would critically assess the Human services program, how funds are used, whether there are areas where funds were wasted and if some projects are not benefitting the program. I would then moderate the usage of funds in the projects, ensure that all the resources are used effectively, and get rid of projects that are not important to the program. As a result, I would have cut back on the meaningless projects, retained useful projects, and ensured that there was effective use of resources. Fiona’s benefits after the evaluation process include job security during the commissioner’s period in office. There may also be other advantages such as salary increments and more jobs from the commissioner’s office. She will also able to make decisions based on her principles and the needs of the branch even if she is expected to cut back on the budget eventually. The implications include judgment from her team who may think that she is being influenced when making decisions. They may not trust her decisions in future. She will also start questioning her principles and wondering if she made the right decision. The agency shall benefit because its most urgent needs shall be met during the budget cuts. However, program cuts may lead to the loss of jobs because it may get rid of some projects that would have been important to the program in the long

Compare and contrast two business case studies Essay

Compare and contrast two business case studies - Essay Example Tesco’s great number of manpower and its powerful marketing strategy are the underlying strengths that make it dominant in its specified area of business. (ivythesis.typepad.com, 2011) Eden project aim is to promote the understanding and responsible management of vital relationship between plants and resources. The site covers 50 hectares and could hold 35 football pitches. The biomes are not covered y glass but in EFTE, a transparent high tech foil, contain more than 100000 plants from 5000 species. ? 86 million has been spent to autumn 2002. Staff almost doubled by 2002 to 650. The site has attracted over two million visitors in less than two years a benefit of ? billion to the Cornish economy is predicted for the period 2001-2011.The project was a brain child of a former record producer Tim Smith who started to formulate the idea when driving around the abandoned china clay pit just outside St Austell has become home to the largest conservatories (‘Biomes ‘Peter Long, 2004 p 824). The iconic build began in Cornwall in 1998 and was officially opened in March 2001; they had planned for 750000 visitors in the first 12 months instead 1.9 Million people made their way to former china clay Pit in England most Westerly County. Eden Project has given a huge boost to Cornwall’s economy creating more than 400 Jobs. ... One out of every three pounds spent in a supermarket goes to Tesco. It is the Britain’s biggest private employer with a workforce of 260,000 employees. (Poulter S 2005) In order to achieve steering- wheel -targets, Tesco’s HR strategy revolves around work simplification, performance management, challenging unwritten rules and rolling out core skills to all head office employees. This clearly highlights how business measures at Tesco are closely linked to performance management. Although the frontline employees are considered to be Tesco’s reflection to its customers, all employees have vital roles to play in achieving the organizations goals. This is done through an innovative induction programme that caters for styles of learning, different cultures and varying work commitments which ensures that every employee clearly understands his or her individual role in contributing to Tesco’s core values and purposes. Tesco ensures that employees understand how th eir actions affects the big ‘picture’ of the overall business by providing continuous training that creates a graphical journey through Tesco’s history, its values, core purpose, business goals, financial aims, commitment to customers and the marketing strategy. In order to keep lead over its rivals in the fiercely-competitive UK supermarket sector, Tesco has adopted a human-resource-led business strategy. The strategic policy started in the company’s supermarkets with an aim of improving customers’ service by freeing up stores employees. Tesco concentrates on clear definition of employees’ roles, activities and responsibilities to ensure that employees are accountable, responsible, consulted and informed. 13 key management techniques are

A Comparison of and Contrasting of role of two politicians in the Essay

A Comparison of and Contrasting of role of two politicians in the media eye - Essay Example He further notes that the independence of media from political meddling and the essence of media as the way they play their political roles, the manner in which media is subjected to pressures from the commercial systems that fund the media entities as well as the decisiveness of the government in supplying information all have a great deal to do with the maturity of democracy and the propagation of public opinion driven societies. The functionalities of media have made it a vulnerable tool subjected to use and albeit abuse by those in power bent on swaying public opinion and influencing popular opinion on individuals and issues among other things. In these perceptions premise, the paper presents a comparative exploration of the role of two politicians in the media eye. The paper will also take a significant thrust in examining the coverage of two politicians and exploring their images as portrayed in various mainstream media. The thrust of the paper will also entail the ways in which the media and or the politicians attempt to manipulate the images of them as generated by the media. For the objectives of the exercise, two political figures who are the 2008 USA Presidential election candidates Republic John McCain and Democrat Barrack Obama will be used. The 2008 US presidential campaign trail is historic from various dimensions. The campaigned has pitted sitting Senators yet the most remarkable aspects of the campaign are based on the fact that after the election US will have either the first Black American president or a woman as vice president. The election campaign has drawn most media coverage surpassing previous presidential election drives.... ting Senators yet the most remarkable aspects of the campaign are based on the fact that after the election US will have either the first Black American president or a woman as vice president. The election campaign has drawn most media coverage surpassing previous presidential election drives. The paper will make an observation of extracts and nuances form mainstream and global media channels like Cable News Net Work (CNN) and the British Broadcasting Network (BBC) and various online news interfaces to examine the images of the two politicians that have been carved and explore the ways in which media and the political figures have to attempted to manipulate the images created of them. CNN is one of the leading global news channels and has had a significant bearing on the image creation and dissemination of the US presidential candidates. It is worth mentioning from the onset that CNN were the 8th largest sponsors to the sitting President George W. Bush in his 2004 Campaign. Nonetheless it may be presented that mainstream media have tended to playing to a perceived public sentiment that the Bush administration has failed the electorate on various issues and hence the unpopularity of the Republican election ticket regardless of who the actual individuals and their polices are. Many media channels have largely portrayed the democrat candidate Barrack Obama in manner of glossing over his possible nomination as historic development in American politics demonstrating the American society commitment to values of racial reform and egalitarianism. CNN has always hammered the nuances of 'historic' ticket aspect that Obama's candidature is. Besides the presenting of Obama's ticket as historic development, CNN has captured various political and economic analyses from some

Persuasive speech outline Essay Example for Free

Persuasive speech outline Essay Believe it or not, according to choices.com, about 3,000,000 teens drop out of high school each year. That’s approximately 7,000 a day. This is not only hurting their success and the amount of money they can earn, but also the economy of the entire United States. Although some people might think every teen should be able to make the decision to drop out or stay in high school themselves, but teens need to realize the consequences that come with dropping out. When you’re is a young teen you may not be thinking about how your decisions can affect your future, without a high school education you cannot attend college, this will make it harder for you to find a high paying job, let alone a job at all. II. Need Step A. When a person is a young adolescent, they’re thinking about now, not the future, and they may regret the decision to drop out later. ââ€" Most of the teenagers that end up dropping out of high school are thinking about how much they don’t want to be at school or how they cannot handle the workload. ââ€" Sometimes teens have actual trouble in school and going to regular high school isn’t the best option, but they still need to get an education somehow, even if its online classes. In other cases, teens just don’t want to go to high school, and that’s their reasoning for dropping out. They aren’t thinking about their future. ââ€" According to State Representative Martha Waltz of Boston, few, if any, 16 year olds have the wisdom and knowledge to understand the lifelong consequences of ending their high school education at 16

Effect of the Marketing Environment on Company Strategy

Effect of the Marketing Environment on Company Strategy I . INTRO Economics today has a term of market environment which involves points and impacts permitting a business to create sucessful relationship with customers as well as to keep it lasting longer. The market enviroment can be categorized into two levels: micro and macro. The first one refers to small impacts in the business with the affection of serving the company customers, whereas the second one has larger societial impacts on the mirco environment. As a result, both of them differ from many points. The organizations, suppliers, customers market,and the intermediaries and competitors are concerned in the micro environment. On the contrary, the Macro environment involves such factors as Demographic, natural, technological, cultural, political, and economics effects. However, these can be altered by the variety of many kinds of companies. All companies are affected by macro environmental factors which form chances and threats in the business environment. Such elements often leaving a mark on long – term strategic management, or even the goals of a firm as prior research and innovation, political stability changes or cultural framework are difinited as macro factors. An environmental analysis are used for look for the existing macro impacts and potential chances carefully by most strategic management modals. Moreover, a situation analysis assess the impacts related to internal factors, for the purpose of forming an separate firm’s restrictions and competitiveness. In contrast, Micro economics has the environmental factors which is less popular than the Maro, only resulting in a particular sector of companies or industry. They can be listed as competition, suppliers, customer, and labour and competition. To understand the micro environment, the firms apply the â€Å"Porter’s Five Forces† sample as an industrial analysis. This makes management strategy more powerful to against alters in micro factors because those can have a strong impact on the entire industry. 2. External Environment analysis 2.1. Macro Environment 2.1.1. Political and Legislation Developments in political and legal field greatly affect the marketing decisions. sound marketing decision cannot be taken without taking into account, the government agencies, political party in power and in opposition their ideologies, pressuregroups, and laws of the land. These variables create tremendous pressures on marketing management. Laws affect production capacity, capability, product design, pricing and promotion. Government in almost all the country intervenes in marketing process irrespective of their political ideologies. The political environment consists of laws, government agencies, and pressure groups with the power to influence or limit the behavior of individuals and organizations in a given society. Changes within the political and legal arena can affect business. Therefore, it is important for marketers to understand public policy and legislation, and the implications presented for business and marketing. Legislation can encourage or discourage competition, and it can ensure (or not) fair markets for goods and services. Political corruption can influence marketing success or failure. Over the years, legislation affecting business around the world has increased steadily. Companies must be aware of changes in the political and legal environment so that decision-making can respond to the current political climate, and so that the firm can make any needed adjustments in corporate marketing policy. In addition to legislation, marketers must understand that many consumer groups are now watching the political and legal landscape as it relates to business, to ensure that business is government by social codes and rules of professional ethics. To demonstratetheirsocial responsibility and build more positive images, many companies are now linking themselves to worthwhile causes. Legislation from the government can affect markets through the organizations and consumers. Some marketers simply adjust to these political forces. Others try to influence political decisions by supporting politicians that can positively affect them . Industrial Relations laws affecting agreements between organizations and employees. Federal laws and regulation agencies affect marketing activities and decisions. Laws such as the Trade Practices Act and the Privacy Act set rules, which organizations must abide by or risk suffering penalties and / or punishment. These laws can be enforced by regulatory agencies who also assist in directing rules and regulations. 2.1.2. Economy The economic environment consists of macro-level factors related to means of production and distribution that have an impact on the business of an organization. Factors within the national and international economic environment can have a resounding effect on consumer purchasing power and spending patterns. Major U. S. economic trends include: Personal consumption and personal debt, both of which have risen Effects of credit trends and interest rates on buying Unemployment and recession forcing consumers to be more careful as shoppers Effects/expectations related to value marketing and value-conscious consumers Income distribution skewed positively toward the rich; prosperity not evenly distributed among classes An important factor affecting the short- and long-term economic outlook in the U.S. is prolonged periods of unemployment. Unemployment can exert marked and far-reaching effects on any economy. When millions of people are unemployed, there is less money for spending that can lift the economy. When spending is down, sales taxes will be down as well, further handicapping the economic outlook. Unemployed people, also, tend to cut out buying items they simply want while cutting down on things they need to survive. Consumers spending less money leads to businesses having to cut prices, which lessens revenue, leading to more unemploymentat best, and to merchants going out of businessat worst. In addition, the unemployed may have to use or even drain retirement savings. When income tax revenue is down, the government may have to borrow money, or cut back on spending on needed programs. At the same time, more is being spent to pay unemployment benefits, and to provide food and medicaid assistance. The social costs to individuals include erosion of work skills at the same time that society is being deprived of a lot of good talent. Uninsured individuals also face worsening physical health, leading to shortened life spans. 2.1.3. Socio-cultural This concept has crept into marketing literature as an alternative to the marketing concept. The social forces attempt to make the marketing socially responsible. It means that the business firms should take a lead in eliminating socially harmful products and produce only what is beneficial to the society. These are numbers of pressure groups in the society who impose restrictions on the marketing process. The socio-cultural environment is made up of institutions and other forces that affect a society’s basic values, attitudes, perceptions, preferences, and behaviors. People grow up in a particular society that shapes their basic beliefs and values, helping to establish beliefs and expectations related to how people should behave. Marketers often segment consumer target audiences for products and services based on cultural values. The overriding beliefs and attitudes of a society can change over a period of time due to different environmental factors. Some of these factors might include such things as changing ethnic/racial mix of the population, more widespread acceptance and occurrence of single-parent families, and more consumers beginning to desire simpler, more meaningful lives. Businesses must be able to identify important trends that are driven by the macro environment. They must understand the need to embrace widespread environmental changes and learn how to use them to their advantage. At the same time, marketing management must know and understand macro-level environmental issues and concerns as well, to be able to use them to predict (with a great degree of accuracy) their possible immediate and long-term impact on consumers buyer behavior. 2.1.4. Technology The technological environment covers all stuff that used for producing goods and services.Technology shapes our destiny dramatically. It changes the communication way of consumers and marketers. New markets and chances are created by new technologies which also replace itself. Thus, it is true that many old industries are got rid of nowadays. Marketrs must pay special attentions on technologial trends to predict impacts/influences on consumers.. 2.2. Micro Environment 2.2.1. Customers Customers of an organization can be varied from one to various markets. Three first common type of market are consumer, business and reseller markets. The first one includes persons and households that consume goods and services personally. The second refers to those who buying good and services for further procession or for use in their production process. The last one is for the aim of profitable reselling. Besides, government market is the term used for illustrating the agencies the buy goods and services to produce public services or transfer those to needed others. Last but not least, those buyers who are consmers, producers, resellers, and governments in other contries also form an international market. 2.2.2. Suppliers Suppliers mean someone providing the needed resources to a firm to produce products or services. They plays a critically important role in lasting firm’s life. Without suppliers, no value is created and delivered to customers. Supply availability is the most noticable factor for marketing companies. Since the suppliers are partners in producing and transfering customer value, the firms have to put pricing trends under their consideration. Those can range from material suppliers to energy suppliers or even suppliers of labour and capital. That means they can vary its competitive position and marketing capabilities. The association between suppliers and the firm may be a perfect example of a strong equation that depends on the industry condition and the the extent to their each other dependence. There are some cases in which the bargaining strength of the suppliers may increase critically. For instance, when the seller company is unique or it supplies important inputs , the choices of buyer company are restricted. Consequently, the seller business strength reachs maximum level. 2.2.3. Financial Institutions The aftermath of the 2008 global financial crisis witnessed a surge on the discussion of  financial stability issues. In some countries the focus of the debate is on the role of the  shadow financial system, its relationship with banks, and the regulatory and  supervisory failure to address the problem of regulatory arbitrage. In Europe, the main  concerns lies on the lack of a European safety net, mainly due to the absence of a  European lender of last resort. In emerging countries, however, the discussion is  centered around the impact of the crisis on the volatility of capital flows and the  architecture of the international financial system. Though some of the phenomena  underlying the origins and depth of the financial crisis were either new or located in  new instruments and markets, most of the issues that were raised during this episode  can be traced back to the first financial crisis of the world. In the following lines, we  develop the argument that e ven though financial stability concerns are as old as  financial systems, and despite some of the main lessons of the recent crisis look pretty  much alike the lessons of several financial episodes of the past (to which many  jurisdictions have already reacted), there are good reasons to highten our concern with  financial stability. 2.2.4. Government Agencies Government agencies’ demands often exceed the needs of a firm’s customer. The government can play numerous roles as stakeholder such as receiving taxation revenue from commercial institutes, getting them to be responsible from the public sector, and achieving many economic and social goals. 2.2.5. Competitors Market combines a veriety of competitors. Most companies have to be run sucessfully to take a strategic advantage. Marketing planners are forced to decide the best way to powerfully site the firm’s products and services againts that of competitors. To do that the marketers need put the company’s size and standing into their consideration. What’s more, making differences and keeping them up is a core of any problems so the firm should analyze and check for its competitor carefully. Those are never enough for success. Besides, according to Philip Kotler, the company must create customer value and satisfaction greater than that of its competitors. Hence, markets’ role is more complicated instead of adapting the customers’ needs. The companies must make up their offerings to be greater in customers’ minds than its competiors can do. In the end, competition game never end. In fact, business organizations always compete in both direct and indirect ways. 3. Conclusion In this assignment I have tried to figure out what marketing environment is and does marketing environment really affect the company strategy. Basically Marketing environment is divided into Micro-environment and Macro-environment. Micro-environment influences may demand urgent attention, but Macro-environment influences can have a more profound long-term effect on an organization’s marketing. Marketing environment gives us lot of opportunities as well as we have got lots of threat. It’s true that marketing has got both option but I think that every organization has got a lot to do with marketing environment because every giant and vital companies knows the vital importance of their marketing research and intelligence to watch and adopt the changing marketing environment. The question is what happens to those companies who don’t realize the importance of marketing environment? It’s so simple you can see IBM and General Motors they ignored the environmental changes and now they are in crises. Actually marketing environment takes place with a board system of economic, social and technology relationships. In marketing environment a firm creates its value through interaction with other individuals and organization to make up marketing environment. You can’t divide marketing environment into distinct areas .A good firms seeks to understand the complex linkage between different parts of marketing environment. Marketing environment is acting as a pillar for the organization and if somebody neglect the importance of marketing environment it quite hard for that organization to sustain in market. So in my assignment I have tried to analyze that on what ground marketing environment is based and what effect it has got on an organization .