Wednesday, May 6, 2020

Global Poverty Goals and Prices Rates †Free Samples to Students

Question: Discuss about the Global Poverty Goals and Prices Rates. Answer: Introduction The report is aimed to look into the concept of Purchasing Power Parity, by taking the Big Mac product of McDonalds and comparing the prices in US Dollars with the currencies of other countries [1]. This concept in Economics says that the rate of exchange between two countries is equal when the purchasing power in both the countries is similar. This is a relative measure to analyze the changes in prices of products, affecting the purchasing power over a period of time. McDonalds Big Mac is considered for preparing the report, whereby 10 countries are considered to compare their local currency with the US Dollars and determine the price fluctuations in them. The countries considered for comparison are United States, Brazil, Denmark, China, Australia, Malaysia, Egypt, Russia, Hong Kong and South Korea. There are certain factors which affect the purchasing power parity. The factors include, prices of the commodities, kind of employment and wages provided to the consumers, currency and credit availability [2]. All these factors impact the purchasing of customers across nations. There are also certain problems, which arise due to the application of this method. These include, the method is based on statistics, related to the way parity computation is done. Only a sample of a commodity is considered, where the real price indices are calculated from that sample, rather than considering all the commodities present in an economy. Another problem is that the theory puts emphasis only on the exchange rate, rather than the income levels of people staying in particular countries. Concept of Purchasing Power Parity Purchasing Power Parity, a theory in economics, talks about the fact that when the purchasing power for two countries is same, the rates of exchange between those countries are equal. This theory puts stress on the fact of maintaining one price for products across different regions[3]. Economists believe that once the difference in exchange rates is taken into consideration, then every commodity would cost the same amount. In this report, Big Mac of McDonalds is considered with the price comparisons of the product done for 10 countries, taking US Dollars as the base[4]. Cost of transportation When goods get transported by the manufacturer to reach the marketplace, that cost incurred in transportation gets added by the retailer to the final cost of the goods. The farther the goods need to travel from the manufacturer to the market, higher is price charged for those goods from the customers in that region. Hence the purchasing power for customers living in close vicinity is far less as compared to the ones staying far away from the market. Thus the rule of thumb for Purchasing Power Parity, having one price for all, does not hold as price in different markets for the same good is not constant. Demand Prices of commodities are set by the manufacturers and they get adjusted according to the demand in specific marketplaces. High demand for the products leads to hike in prices and subsequently when demand falls, prices also come down. In this situation, the law applied for Purchasing Power Parity does not hold as customers staying in high-demand areas would have low purchasing power due to the high prices charged for the commodities [5]. Similarly people who live in areas with demand on the lower side, possess higher purchasing power because prices for the same products are less expensive. Taxes Taxes influence the pricing of goods to a great extent, which leads to the price variations for same product in different market areas. There are areas where sales tax applied, is higher[6]. In those regions, the purchasing power of consumers is less as the final price required to be paid for consuming the commodity is on the higher side. Similarly, the areas where the applicable sales tax is low, the consumers can have a higher purchasing power as the price they are required to pay is low. This differentiation is caused in prices due to the application of sales taxes on them, so the one price law in case of Purchasing Power Parity is no longer applicable. Prices The purchasing power of individuals gets directly impacted by inflation. This is the rate through which the general level of prices for goods and other services rise on a continuous basis, resulting in a fall in the purchasing power of currencies[7]. People are not inclined towards buying products by paying high prices, thus giving rise to a fall in demand. This problem can be tackled through increasing the wages, rate of interest and other related factors. Employment and Wages Level of employment and average salaries of the consumers in general have a great effect on the purchasing power. The logic behind this comes from the fact that more employment for people will bring more money into the hands of people, which would in turn lead to an increase in purchasing power [8]. Employment does not allow any nations currency to get stronger but has an effect on peoples purchasing power by bringing more money into the hands of customers. Considerations in Currency Fluctuations in exchange rates affect purchasing power to a great extent. Considering the case of McDonalds Big Mac, when there is a devaluation of currency against another, goods in the second country would cost higher in first countrys currency. Suppose, the price of Big Mac in Russia is 41 Ruble but in US dollars, the price is 1.32, then the implied PPP of dollar would be very high, around $15.1. Credit Availability The willingness of financial institutions like banks to lend money to businesses and consumers affect total purchasing power, just like higher salaries and level of employment do. When credit is available, companies and consumers tend to spend more than the amount they actually possess, thus they get a boost on their purchasing power. This gives rise to more number of products getting bought even in high prices. Analysis and Discussions on the price of Big Mac in local currency against US Dollars in 10 selected countries The analysis and discussions on the price of Big Mac in local currencies of those regions against US dollars in 10 selected countries are given below, taking the base price in US Dollars, charged for the product in US as $5.04 New Zealand In New Zealand Dollar, the Big Mac costs NZD $6.94 (market value), whereas the same product, if bought by someone staying in New Zealand after converting to US Dollars, he would have paid USD 6.03, which is far less as compared the amount he is paying in his own currency, which implies that Purchasing Power Parity is 5.80 (implied value). In this case Big Mac should sell for less in New Zealand. [9]. Argentina In Argentine Peso, a Big Mac would cost ARS $85.52. Whereas, when the Argentines are looking to buy the same product in US Dollars, they would have to pay far lesser amount of only USD 6.47. So, in this case if Peso is considered, the currency is overvalued, as for the same product, they are paying more. In this case, the implied PPP of the dollar is $66.57. Even in this case Big Mac should less in Argentina Japan In the currency of Japan, a Big Mac would cost JPY569.82. The Japanese people aiming to buy the product in US Dollars, would have paid only $7.95. The implied Purchasing Power Parity of US Dollar is 361.36. The product should sell for less in New Zealand than in the US. Switzerland Now coming to Switzerland, whose currency is Swiss Franc. For a Big Mac purchased in Switzerland, people need to pay, they have to pay 4.86 CHF, whereas when they try to buy that in US Dollars, they would pay only USD 3.96. The implied PPP of US Dollar is 6.18. Big Mac should sell for more in Switzerland. Saudi Arabia In Saudi Arabia, a Big Mac costs 18.90. When the currency is converted to US Dollars, only USD 8.35 is paid for the product. So, in that situation, people of Saudi Arabia could pay a lot less and get the same product, with the implied PPP of Dollar being 11.41 [10]. Product would sell for lesser amount in Saudi Arabia.[11]. Colombia In Colombian Peso, a Big Mac costs 15382.89. When the currency is converted to US Dollars, only USD 8.24 is paid. Then, people of Saudi Arabia would get the same product by paying lot less, with the implied PPP of the dollar being 9414.34. Hence the product would sell for more in Colombia. Indonesia In Indonesian Rupaiah, Big Mac costs 67382.28. When the currency is converted to US Dollars, only USD 11.12 is paid. The implied PPP of dollar being 30550.01, thus the product would sell for more in Indonesia. Hungary In this case, people of Hungary would have to pay HUF 1353.86 to get a Big Mac from McDonalds. When the currency gets exchanged with US Dollars, the product would cost US $8.32. The implied Purchasing Power Parity of the Dollar is 819.71. As the implied PPP is less, hence Big Mac should sell for lesser amount in Hungary. Fiji Here, people of Fiji would be paying 4.65 Fijian Dollar to get one 1 Big Mac from McDonalds. On the other hand, when the currency gets exchanged with US Dollars, then they would be paying US $0.578. The implied Purchasing Power Parity of dollar is 0.667. As the implied PPC is less, so Big Mac would sell for lesser amount in Fiji. Cyprus People of Cyprus would be paying CYP 5.29 to acquire a Big Mac. In US Dollars, they would need to pay only $1.98. Now the implied Purchasing Power Parity is 1.04. In this case, the implied Purchasing Power Parity is less, hence Big Mac would sell for less in Cuprus. This would not be feasible for McDonalds. Table to show purchasing power parity of 10 different countries: Big Mac Prices In local currency In US Dollars Implied PPP of the Dollar Actual Dollar Exchange Rates as on 1st Oct 2017 Undervaluation/ Overvaluation against US Dollar United States $5.04 5.04 New Zealand NZD $6.94 6.03 5.80 1.15 -404% Argentina ARS $85.52 6.47 66.57 13.21 -166% Japan JPY 569.82 7.95 361.36 71.67 -230% Switzerland 4.86 CHF 3.96 6.18 1.22 -406% Saudi Arabia 18.90 Saudi Riyal 8.35 11.41 2.26 -404% Colombia COP 15382.89 8.24 9414.34 1866.85 Indonesia 67382.28 Indonesian Rupaiah 11.12 30550.01 6059.55 Hungary HUF 1353.86 8.32 819.71 1.65 Fiji FJD 4.65 0.578 0.667 2.07 67.77% Cyprus CYP 5.29 1.98 1.04 2.67 Determine how much of a currency of a country is overvalued or undervalued against US Dollars after the calculations and provide justifications whether PPP holds good for Big Mac In United States, a Big Mac costs $5.04, whereas price of the same product in New Zealand is NZD $6.94. Using the dollar exchange rate, the cost in Dollars is $6.03. Calculation (6.94/6.03) = 1.15. Now, as Big Mac in New Zealand has a price of AS $6.94, so the implied PPP of the dollar is (6.94/5.04) = 1.37. Now through comparison of the implied Purchasing Power Parity exchange rate with the actual exchange rate for the NZD to the US Dollars, this can be inferred that value of NZD is higher by 16.426% in relation to the US Dollars [12]. In Argentina, the value of Big Mac in Argentine Peso is 85.52, whereas the price is US Dollars is $6.47. The implied PPP of the Dollar is 66.57. The actual dollar exchange rate as on 1st October 2017 is 13.21. The currency is undervalued against Dollar by a massive margin of 403%. Except for Fiji, in most of countries like New Zealand, Argentina, Switzerland Purchasing Power Parity policy is not going to work for Big Mac, hence this policy is not going to work in favour of the company. So, in most of the countries, the respective currencies are undervalued against Dollar by a fair margin. Purchasing Power Parity doesnt hold good for Big Mac, though there is a feeling that products can be traded in different currencies across nations through this theory. The prices in different countries get severely affected by tariffs, tax rates, difference in profit margins and differences in other items, which can be traded upon, such as rent. On a long term basis, exchanged rates do get influenced by relative price levels, rate of interest, preference for foreign over domestic goods and a nations productivity level. Conclusion The report concludes that though the concept of purchasing power parity helps to analyze the changes in prices of certain products, which affects the purchasing power over a period of time, this concept doesnt fit in for all the products. Different products have large deviations in level of prices, when exchange rates are applied. In case of Big Mac, this could be noticed that in most of countries, the concept of Purchasing Power Parity doesnt work when comparison is done by taking a base price. References Beckmann, J., 2013. Nonlinear adjustment, purchasing power parity and the role of nominal exchange rates and prices.The North American Journal of Economics and Finance,24, pp.176-190. Engel, C., 2013.Exchange rates and interest parity(No. w19336). National Bureau of Economic Research. Giovannetti, G., 2013. A survey of recent empirical tests of the purchasing power parity hypothesis.PSL Quarterly Review,45(180). Giovannetti, G., 2013. A survey of recent empirical tests of the purchasing power parity hypothesis.PSL Quarterly Review,45(180). He, H. and Chang, T., 2013. Purchasing power parity in transition countries: Sequential panel selection method.Economic Modelling,35, pp.604-609. Jedrzejczyk, M., 2012. Labor productivity parity vs trend of exchange rate.Modern Economy,3(06), p.780. Jolliffe, D. and Prydz, E.B., 2015. Global poverty goals and prices: how purchasing power parity matters. Jolliffe, Dean, and Espen Beer Prydz. "Global poverty goals and prices: how purchasing power parity matters." (2015). MacDonald, R. and Stein, J.L. eds., 2012.Equilibrium exchange rates(Vol. 69). Springer Science Business Media. McKinnon, R.I. and Ohno, K., 2016. 7 Purchasing power parity as a monetary.The Future of the International Monetary System: Change, Coordination of Instability?: Change, Coordination of Instability?, p.42. Patel, P.J., Patel, N.J. and Patel, A.R., 2014. Factors affecting currency exchange rate, economical formulas and prediction models.International Journal of Application or Innovation in Engineering Management (IJAIEM),3(3), pp.53-56. Ricci, L.A., MILESI?FERRETTI, G.I.A.N. and Lee, J., 2013. Real Exchange Rates and Fundamentals: A Cross?Country Perspective.Journal of Money, Credit and Banking,45(5), pp.845-865. Schulmeister, S., 2013. Currency speculation and dollar fluctuations.PSL Quarterly Review,41(167). Tsen Wong, H., 2013. Real exchange rate misalignment and economic growth in Malaysia.Journal of Economic Studies,40(3), pp.298-313.

Tuesday, May 5, 2020

Marketing and Competitive Environment for the University Brand

Question: Analyze the "Marketing and Competitive Environment" of a University Brand in Australia. Answer: Introduction and Background: This assignment is intended to describe the marketing and competitive environment for the university brand of Australia. University of Newcastle is considered by the learner to complete this total study. In this post-globalisation era, marketing and promotional strategy is everything to attract any customer towards any organisation. Different effective marketing strategy helps the customer to be aware regarding the product of organisation that helps them to make effective decisions in their near future. In this competitive environment, those organisations achieve success, whose marketing strategy is strong. Market summary: Education in the Australia is compulsory between the ages of 5 and fifteen or seventeen that mainly dependent upon the state or territory. The main budget for government for their education sector is the $489 million (Newcastle.edu.au, 2017). Therefore, it can be easily assumed that the growth of the sector is high. However, the percentage of the people that attained the post-secondary diploma is 34%. Therefore, number of students that enrolled them for the graduation course is very less in numbers. However, there are several students who come from different foreign countries and complete their higher education from Australian universities. Demand assessment: It has been observed that there are huge numbers of accredited and non accredited universities in all over the Australia. In Australia, 136097 numbers of students enrolled for the higher education in last year (Altbach Knight, 2013). It has been observed that, the number of enrolment is increasing in every year. China contributed 27.3% students among all of the international students that complete their graduate or post-graduate degree from Australian universities (Globalhighered.files.wordpress.com, 2017). Therefore, it can be easily determined that, the demand for Australia university is very high. If number of universities increases in Australia, then the demand for a particular industry will be increased according to the law of demand. On the other hand, if number of universities will be increased then, demand will be decreased. Figure 1: Law of demand (Source: Altbach Knight, 2013, p. 294) Segmentation and target market: There are different segmentation criteria, among which University of Newcastle mainly follow the geographic and demographic segmentation. By following the geographic segmentation strategy they attract students from different countries and different places such as rural and urban. On the other hand, by following the demographic segmentation criteria, UoN attracts students middle class family (Australian education exports reach AUS$18 billion in 2014/15. 2017). Along with that, they attract students belonging from all family sizes or any social status of Australia and other country. Their target customers are international and domestic students. They mainly target the students belonging from the lower middle class and higher middle class families. Marketing mix analysis: Marketing mix can be defined as the combination of different factors that are mainly controlled by any company for influencing the customers for purchasing the products. The marketing mix of the University of the Newcastle is as follows: Product: Product is the first element of the marketing mix. A product is the element that can be offered to any market for their consumptions so that their need can be satisfied. The products of the University of Newcastle (Australia) mainly involved bachelor degree courses and master degree courses: Bachelor degree courses: Bachelor of Arts Bachelor of laws Graduate certificate in the applied finance Graduate certificate in the applied linguistics Bachelor degree in the aboriginal professional practices Bachelor certificate in the advanced computing Graduation in the aviation management Master degree courses: Masters of the aviation management Masters in architecture Masters in the linguistics Masters in the applied business and health Price: Price elements of the marketing mix elements is one of the crucial elements that must be decided based on the affordability of the target customer group. This element can be quickly changed. University of Newcastle set two types of fees, among them one for domestic student and another for the international student. From domestic and full time undergraduate student, University of Newcastle charge $294 and they charge $220 from the part-time student (Australias international education sector worth more than previously estimated | Ministers' Media Centre, Australian Government. 2017). However, they charge high price from the international students. However, they have different scholarship scheme for both the domestic and international student. Promotion: Promotion is one of the most important elements of the marketing mix that helps nay organisation to attract their target customers through proper communication strategy. This element is intended to create awareness among the target customer group. UoN follows different promotional media such as website advertising, advertisings through social media as well as advertising through newspaper and television. They attract students by providing them several scholarships and concessions. Distribution: According to Altbach Knight (2013), distribution element mainly focuses on making any services or product of any company available to their customers. University if Newcastle offer their courses through the face-to-face or online or combination of the two. The university makes their product available through their Ourimbah, Calllaghan, Singapore as well as Sydney. The university has their three campuses on different places of the Newcastle. PEST analysis: PEST analysis is one of the environmental scan that helps to measure the market growth as well as decline based on the external environmental factors. PEST analysis of the University of Newcastle is as follows: Political factors: Present strategy of the Australian government increases the number of students by hiring them from diversified backgrounds. The strategy of the government enrols students in the universities who are belonging from the under-represented group such as the aboriginal people (Wright O'Neill, 2012). This strategy increases the number of highly educated people in the Australia as well as develops the education sector of Australia. Moreover, education sector of the Australia benefitted from different associated activities and funding by the Australian learning and teaching council. This helps the Australian education sector to secure more growth. Economical factors: In this current economic situation, value for the money, employability factors and sector wide funding are the significant issues. It has been observed that funding across the higher level of education is competitive as well as tight. This creates huge issues in funding for the universities. However, government allocates 5.10% of the total GDP on the education sector but it is not sufficient to generate a greatest infrastructure for education (Australia releases 10-year blueprint for expansion of its international education sector. 2017). Socio-cultural factors: The need and expectation of the students are increasing but the present education sector of Australia are currently following the traditional teaching style, rigid structures as well as antiquated technologies that are not sufficient to maintain the studentcentred approaches, which creates negative impact to create effective infrastructure for education (Williams Jacobs, 2014). However, the effective and efficient ways of the Australian universities to share or spread knowledge among students helps the student to conduct their study effectively. Technological factors: Technology has huge impact on the higher educational environment. It has been observed that present generation students are technically proficient so that different Australian universities have implemented technology in the learning and teaching. Moreover, universities applied effective technology such as blogs of the universities or their websites to share knowledge with the students (Kemp, Madden Simpson, 2012). Competitor analysis: It has been observed that, there are total 43 accredited universities in the Australia; therefore, it can be easily assumed that there is huge competition among those universities. The main reason behind that is the numbers of students who want the graduate and post-graduate degree from those universities are very fewer in number (Kift, Nelson Clarke, 2010). Therefore, the number of students is not very large in numbers; therefore, they have so many options available to them. However, there is less possibility regarding the threat of new entrants because the sector is segmented. Moreover, the initial costs to set up any university are huge and the initial legal process is also difficult. SWOT analysis: SWOT analysis helps to evaluate the strength, weaknesses, opportunities and threats of any organisation so that they can get the opportunity by avoiding the threats. The SWOT analysis of University of Newcastle is as follows: Strength: UoN has implemented the problem based learning system for their undergraduate students that helps them to gain more brief knowledge UoN currently has 1066 number of highly skilled and experienced academic staff that helps the organisation to generate huge reputation by providing good academic services to the students UoN is one of the public academic organisations that help them to get more fund for the development of the company. UoN currently has branches in 5 different places that help them to generate more profit by providing education services to customers (Course Details. 2017). Weaknesses: UoN followed two different fee structure for domestic and international student They provide admission to very little number of postgraduate students. Presently, the number of postgraduate students in their company is 8150. Opportunities: Currently, UoN has the branch in only one foreign country that is Singapore. Therefore, they can expand their organisation by implementing their branches in different country (Opinion Editorial: Australia's higher education sector is one of the best in the world. Fact.. 2017). They can increase sits for the post graduate students and other type of students. Threats: UoN is facing competitions from different public and private university that decreases the number of students in their organisation. Value as well as brand positioning analysis: Effective brand positioning strategy is important for any organisation to increase the competitive advantage for the organisation (Cruickshank, 2013). Australian education sector mainly followed the quality positioning strategy and describe their quality of standard so that they can attract more number of students from not only the country but also from the other country. Conclusions: From the above discussion, it can be clearly demonstrated that the education sector of the Australia is very much developed. Along with that, it is also saturated. Therefore, in order to increase the communication with the target customers it is very much important to apply the effective promotional strategy or promotional media. Moreover, a good relationship with the government is necessary to arrange the fund or achieve accreditation for the colleges. References Altbach, P. G., Knight, J. (2013). The internationalization of higher education: Motivations and realities.Journal of studies in international education,11(3-4), 290-305. Cruickshank, M. (2013). Total quality management in the higher education sector: a literature review from an international and Australian perspective.Total Quality Management Business Excellence,14(10), 1159-1167. Globalhighered.files.wordpress.com, (2017). Retrieved 7 April 2017, from https://globalhighered.files.wordpress.com/2009/04/theaustralianeducationsectorandtheeconomiccontributionofinternationalstudents-2461.pdf Opinion Editorial: Australia's higher education sector is one of the best in the world. Fact.. (2017).Group of Eight. Retrieved 7 April 2017, from https://go8.edu.au/article/opinion-editorial-australias-higher-education-sector-one-best-world-fact Australia releases 10-year blueprint for expansion of its international education sector. (2017).ICEF Monitor - Market intelligence for international student recruitment. Retrieved 7 April 2017, from https://monitor.icef.com/2016/05/australia-releases-10-year-blueprint-for-expansion-of-its-international-education-sector/ Australian education exports reach AUS$18 billion in 2014/15. (2017).ICEF Monitor - Market intelligence for international student recruitment. Retrieved 7 April 2017, from https://monitor.icef.com/2015/08/australian-education-exports-reach-aus18-billion-in-201415/ Kemp, S., Madden, G., Simpson, M. (2012). Emerging Australian education markets: A discrete choice model of Taiwanese and Indonesian student intended study destination.Education Economics,6(2), 159-169. Kift, S. M., Nelson, K. J., Clarke, J. A. (2010). Transition pedagogy: a third generation approach to FYE: a case study of policy and practice for the higher education sector.The International Journal of the First Year in Higher Education,1(1), 1-20. Australias international education sector worth more than previously estimated | Ministers' Media Centre, Australian Government. (2017).Ministers.education.gov.au. Retrieved 7 April 2017, from https://ministers.education.gov.au/colbeck/australias-international-education-sector-worth-more-previously-estimated Newcastle.edu.au, (2017). Retrieved 7 April 2017, from https://www.newcastle.edu.au/current-staff/our-organisation/Strategy-and-culture Course Details. (2017).Newcastle.edu.au. Retrieved 7 April 2017, from https://www.newcastle.edu.au/course/MKTG2102 Williams, J. B., Jacobs, J. S. (2014). Exploring the use of blogs as learning spaces in the higher education sector.Australasian journal of educational technology,20(2), 232-247. Wright, C., O'Neill, M. (2012). Service quality evaluation in the higher education sector: An empirical investigation of students' perceptions.Higher Education Research Development,21(1), 23-39.

Thursday, April 16, 2020

Unit 3 Firac Case Brief free essay sample

Ashley E. Parramore Introduction to Legal Analysis and Writing PA 205 August 8, 2011 Donnelly V. Rees Case Brief. Donnelly V. Rees Case Name: Donnelly V. Rees, 141 Cal. 56 (1903) Court: California Supreme Court FACTS: An action may be maintained by the sole heir of a deceased person to set aside a deed procured from the deceased without consideration by the fraudulent practices of the defendants and their undue influence over the deceased, who was known to be a habitual drunkard for more than five years before the execution of the deed. ISSUE: The plaintiff was not required to make any payments on account of an alleged bill against the grantor, or for moneys alleged to have been advanced to him subsequently to the alleged transaction, where these matters cannot be regarded as connected with the transaction. RULE: Section 2224 of the California civil Code (1) The defendant gained the land by fraud. (2) By undue influence, and are therefore or, rather each is an involuntary trustee of the thing gained. We will write a custom essay sample on Unit 3 Firac Case Brief or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page 3) The same result follows, because they gained the thing by the violation of a trust. Upon either of these principles, therefore, the plaintiff is entitled to recover, unless precluded as is contended by the appellants. ANALYSIS: The court cited in the decisions of Civ. Code, sec. 2219 Pierce V. Robinson, 13 cal. 127 Kimball V. Tripp, 136 Cal. 634, 635 Knight V. Tripp, 121 Cal. 674 Davies V. Otty, 35 Beav. 213 CONCLUSION: It was not necessary that the plaintiff should pay to the defendants the amount of their alleged bill, or to O’Brien the amount alleged to have been advanced to Kean subsequently to the transaction or that the court should so adjudge under the findings which we have held to be sustained by the evidence. These matters cannot be regarded as being connected with the transaction Guidici v. Guidici Case Brief Guidici v Guidici Case Name: Guidici V. Guidici 2 Cal. 2d 497 1935 Court: California Supreme Court FACTS: In this action to cancel a deed to real property, the evidence that plaintiff at the time of signing the deed was in such a state of mind, due to long and excessive drinking of intoxicating liquor, that he did not know what he was doing, and that he had no recollection of signing the deed, was sufficient to support the finding that he was mentally incapable, at that time, of understanding the nature of his act in the signing and execution of said deed, and such finding could not be disturbed on appeal even though there was considerable conflict in the evidence. ISSUE: While marriage is a good consideration for a deed, or for a contract generally, if such a deed is executed by the grantor at a time when he is incapable of understanding his act in the execution thereof, by reason of long and excessive drinking, and the marriage is entered into about an hour later, while he is in the same state of mind, it cannot be said that the marriage ceremony forms a valid consideration for the execution of said deed. RULE: The defendant was a woman of over fifty years of age at the time. She had been married twice before, and she admitted that she was marrying the plaintiff as a business proposition. At no time did she manifest any affection toward the plaintiff. She evidently reposed but little confidence in him, or was aware of his intoxicated condition, as she absolutely refused, at the suggestion of the attorney, to proceed with the marriage ceremony until the deed to plaintiffs valuable farm was signed and delivered to her. These matters were undoubtedly given careful consideration by the trial judge who, after a review of all the evidence with the parties before him and an opportunity to observe their conduct and demeanor, believed the testimony of the plaintiff and his witnesses, and made findings favorable to him. According to the well-established rule in cases involving conflicting evidence, the findings of the trial court must be sustained on appeal. ANALYSIS: A person who at the time of making a contract is completely intoxicated may avoid his contract notwithstanding the fact that his intoxicated condition may have been caused by his voluntary act and not by the contrivance of the other party to the contract. (6 Ruling Case Law, p. 595. ) CONCLUSION: It is not necessary for us to give any xtended consideration to the further contention of the defendant that there is no evidence to support the finding of the trial court that there was no consideration for the deed. It is, of course, true that marriage is a good consideration for a deed, or for a contract generally, but if the deed was executed by the grantor at a time when he was incapable of understanding his act in the execution thereof, his marriage was entered into while in the same state of mind. If one was not binding upon him by reason of the fact that he was mentally incompetent of entering into a valid contract the other may be avoided for the same reason. In these circumstances it cannot be said that the marriage ceremony to which the plaintiff and defendant were parties formed a valid consideration for the execution of said deed. The judgment is affirmed.

Tuesday, April 14, 2020

Americanism by Adam Serwer

'Americanism' by Adam Serwer'Americanism' is a sample essay written by Adam Serwer in his 'Column' column of The New York Times. It was first published in the Summer 2020 issue of the book America: A People's History.I enjoyed reading 'Americanism' and thinking about it a great deal. The sample essay tells us a lot about the style and expertise of Adam Serwer. This is important since he writes about a variety of subjects in his 'Column.''Americanism' tells us what Adam Serwer learned growing up in the United States. He tells us how that helped to shape his work as a journalist. The lesson was learned and applied by Adam Serwer while writing 'Americanism.' His work, like most journalism, is not an easy one.'Americanism' is a personal and stylistic exploration of a person's upbringing. It is the story of a part of the country's history that people who lived in this part of the country usually will never see.When we were living in the past part of the country that Serwer writes about, w e had different view points than we do today. Our views about abortion, abortion rights, etc., were quite different from those in our part of the country. The subject matter of 'Americanism' includes these perspectives.'Americanism' is written from a non-judgmental point of view. That is a good way to go in writing an essay about any topic that is very sensitive and controversial. You don't want to fall into the trap of feeling you have to defend or justify your views on any issue.'Americanism' is not about political correctness or social correctness. The issue here is fairness and justice. This is why I think people will be interested in reading 'Americanism' even if they don't agree with the views that are discussed in the essay.For anyone interested in learning more about our country and its history, this sample essay from 'Americanism' by Adam Serwer, will be helpful. It is written for an adult audience and is set in a very specific time in our country's history.

Friday, March 13, 2020

A Bream Essay Example

A Bream Essay Example A Bream Essay A Bream Essay I was jolted awake by the noise of the vibrating alarm clock. I rolled stiffly onto my side and swiped it to the floor. I sighed and turned over to face the floor to ceiling window pane of my London apartment. I could see life scurrying below me; red buses and black cabs in a grey, uninspiring street. I closed my eyes and sank back into the memory foam, willing my heavy legs to swing over the edge of the bed.I darted around the kitchen, making toast, brewing coffee, opening letters, flicking through magazines. Glancing at my watch, I grabbed my green suede jacket, slipped on my patent heels and rushed to the glass elevator that would take me from my world to the real world.I plonked my keys, my briefcase and an over-filled Starbucks coffee cup on my desk and pushed open my laptop.‘Morning, Samantha. You look happy today.’ It was Toby; always eager to please. ‘Want anything from The Soul Kitchen?’‘No thanks. It’s a bit early, isn’t it?â₠¬â„¢Ã¢â‚¬ËœWell, no. It’s 11.30.’Was it really? I looked at my watch, half expecting it to have stopped.I sat down and looked at my desk calendar, filled with deadlines and red scribbles. What was the point of it all  The weekend had been oddly traumatic, looking through comics and childhood annuals in my old wardrobe. I began searching for a cardigan, as my mother’s house was always frigid and damp. But I found his moth-eaten, red jumper instead. Deep red, a burgundy red. A blood stain. It was all I could find. Should I wear it? The cold chill was spreading through me, fingers of ice at my ankles.‘Leave it alone! Just leave his things alone!’ Her face was contorted with anger.‘Please, I’m sorry. I was just looking for something†¦warm.’I knew it was my fault he was dead. My own brother was dead. And she would never forgive me.  I looked at the array of photos on my desk; a lovely husband standing with his arm around me o n a Caribbean beach. Two sweet little girls in school uniform smiling gap-toothed at the camera.

Tuesday, February 25, 2020

Brand Management Dissertation Example | Topics and Well Written Essays - 3000 words

Brand Management - Dissertation Example Although there is an accounting and legal meaning of branding but in terms of marketing it refers to the products that have clear identity, that uniquely associates and establishes a meaning between the brand and the customers. From the perspective of customer, a brand is a promise that the product will perform perfectly as per their expectation and provide them with consistent performance across â€Å"all the touch points or moment of truth with the company (distribution channels, customer service, pricing, warranties and so forth)† (Bidgoli, 2010, p. 430). It is originated as a sign of ownership via the recognition as a mental depiction of customer benefits. But now brand has arrived to such a point that it represents the strategic position and vision of the company in relation to its environment. The brands has moved from merely being an addition to the offering to its reception as a symbol of knowledge, vision and culture that would strategically guide the offering (Abbing and Gessel, 2008). The process of innovation helps not only to reduce cost but also improves the quality of the product. Thus it improves the relative value of the product. Innovation not only affects the value of the product but also helps in creating reputation. ... to liberation of brand and plan, value and meaning as associates as well as essential resources in the development of leading services and products in the market. 1.1 Branding life cycle Kotler (2000) has defined brand as an expression, name, sign, design or a combination of all these which signifies a particular seller or a group of sellers and aims towards differentiating them from the other competitors available in the market. This definition can be limiting. Dibb et al. (1997) suggested that branding is one of the tangible features of a product. It provides the customer with the verbal and physical clues that helps them to choose one particular product over the others that are available in the market. However it is not only limited to products; services also communicates physical and verbal clues. For instance the hotel that provides its wide range of varieties of services also provides and transmits a range of physical and verbal communication to its potential customers. The ter m â€Å"life cycle† is often linked with the development of a service or product. The same metaphor is used to link human behaviour with the concept of branding. This suggests that there are possibilities that the brands that one finds in the offices and homes may be seen to face a decline and finally seen to die. These brands also have long history of struggle and have left various legacies. Brands are affected by various combinations of macro and micro environmental factors (Chitale and Gupta, 2011; Majumdar, 2004; Kurtz and Boone, 2008; Gelder, 2005). By understanding the influence of these factors on the position of the brand in the market place, the management of the organization will be able to forecast the health of their brand in future and will be able to plan their strategies.

Sunday, February 9, 2020

Business Memo on AVON Essay Example | Topics and Well Written Essays - 750 words

Business Memo on AVON - Essay Example More and more women aspired to be more than just homemakers and part time sales women and more importantly fewer women purchased products door to door. New innovative ways of selling such products are being adopted by its competitors like specialty retail chains. Selling through internet was taking off in a big way. There were no doubt many other reasons also contributed for this; product positioning and price (Avon’s products had little appeal with teens and many lower-income women found Avon’s products too expensive), poor brand image (not glamorous), inadequate research and lack of new products, but these as has been seen could be quickly addressed with appropriate results. While suggesting solutions to problems, it is being taken without questioning for the time being that the company does not want to change its core value of reaching customers predominantly through its direct representatives. Avon is the world’s largest direct seller of beauty products (Miller and associates, 107). Whether the company is deriving competitive edge through this strategy is not verifiable because of lack of data. Assuming it does, the solution to the problem will have to address the issue of how to better equip its sales representatives to deliver better. The solution in brief would see the entire marketing model is reengineered to see that the selling agents add substantial value as channel partners to the company, as well as create scope for themselves to earn much more and find self-fulfillment in their association with Avon. Such an exercise should also make it possible for the company to become flexible in deciding its channels of marketing. Players in the CFT industry operate in an oligopolistic market (Oligopoly watch 19 March 2006). No company derives advantage from one sole unique competitive advantage. They follow several strategies