Monetary Liability For Breach Duty Of Care -Myassignmenthelp.Com

Question: Is Iggy Entitled To Bring Legal Claims Under The Australian Consumer Law Against Henry? Answer: Introducation Negligence is the most common tort which arises when a person causes harm to another person owing to the carelessness of the person causing such harm[1]. After the reforms in civil liability, the law related to negligence is governed by both the Common law and statutory legislations. Under the Common Law, in order to establish a claim of negligence, the aggrieved party is required to prove the following essential elements: the defendant owed a duty of care towards the plaintiff; the defendant committed a breach of such duty of care; the breach has resulted in damages suffered by the plaintiff; the harm caused to the plaintiff was reasonable foreseeable by the plaintiff; Duty of care- the principle of duty of care was established in the case of Donoghue v Stevenson [1932][2], where the neighbor principle was introduced for the first time. The rule states that one must love his neighbor and must take reasonable care to prevent acts or omissions that is reasonably foreseeable to cause any injury to his neighbor[3]. The term neighbor refers to any person who is directly affected by the acts of the defendant. Breach of duty of care- after it is established that the defendant owed a duty of care towards the plaintiff. It is important to establish that the defendant has breached the duty of care. It cannot be assumed that since a person owes a duty of care, he has committed a breach of such duty. According to section 9 of the Civil Liability Act 2003 (Qld), a person is said to commit a breach of duty if: the person could reasonably foresee the risk; the risks was not significant; any reasonable person would have taken precautions to avert the risks if he was in the position of the defendant; Similarly, under the Common Law, in order to claim that the defendant has violated his duty of care, it is necessary to establish that the defendant had failed to avert the risks what any reasonable person would have done in the same position under same circumstances[4]. Causation- the plaintiff must prove that the breach has caused harm to the plaintiff and such harm was reasonably foreseeable by the defendant but the defendant failed to aver such harm. The causation is decided by applying the but for test as was held in the Barnett v Chelsea Kensington Hospital [1969][5]. It implies that the risk was reasonably foreseeable but for the negligence of the defendant, the risk could not be avoided. According to section 11 of the Civil Liability Act 2003 (Qld), the plaintiff is required to establish that the breach of duty was a necessary condition of the harm that was caused to the plaintiff[6]. Damages- the plaintiff must establish that the damage was a result of the breach of the duty of care on part of the defendant and although the risk was foreseeable, the defendant failed to avert the risk, which directly caused damages to the plaintiff as was observed in Wagon Bound no 1 [1961][7]. The actual harm must have been caused by the defendants action or omission owing to the reasonably foreseeable consequence of the breach of the defendant. Defenses However, even after the plaintiff succeeds in establishing the essential elements to bring a claim against the defendant, the defendant might be able to minimize or avert the liability of negligence. In order to reduce or exempt from the claims of negligence, the defendant must prove the existence of one or more of the following defenses: the plaintiff had knowledge and appreciation of the risk; the plaintiff had willingly agreed to the risk with his consent; The defendant cannot state that the plaintiff had voluntarily assumed the risk if the injuries sustained or damages suffered by the plaintiff was the consequence of the action or omission of the defendant. The defendant must prove that the risk accepted by the plaintiff is not the result of the action or omission of the defendant. Application As was observed in the case Donoghue v Stevenson, in order to establish that the defendant owed a duty of care towards the plaintiff, the plaintiff must prove that the plaintiff and the defendant are related to the extent that the defendant should have taken reasonable steps to avert any act or omission. Further, the defendant could reasonably foresee that such act or omission would cause harm to the plaintiff. On the facts here, BizCorpz organized a rock concert in a concert performance tent. The concert was organized during the summers and the fans would stand for three hours inside the tent to watch the performance. Here, the BizCorpz hired a performance tent that would accommodate 200 people having one front entrance and exit doorway and three other exits and entry doorways. However, to prevent people from entering without a ticket they have closed the other three exit and entry doorways leaving only one front entry and exit doorways. The BizCorpz owed a duty of care towards the music fans and should have taken reasonable steps to ensure that no harm is caused to them. The tent had no ventilation, no air-condition and it was getting hotter causing some fans to collapse from the heat. BizCorpz was aware of the fact that the concert was being held during the summer and the tent had no air-condition neither any ventilation, hence, it is obvious that some fans might fall sick due to the heat inside the tent. Moreover, since they allowed the fans to enter without any ticket, it was again obvious more people will come to see their performance and consequently, the tent got overcrowded as 400 people were allowed to enter into the concert. As held under section 9 of the Civil Liability Act 2003 (Qld), a defendant is considered to have committed a breach of his duty of care if he failed to avert the risk that was reasonably foreseeable and the risk was not significant[8]. Any reasonable person would have averted the risk if they were in the position of the plaintiff under same circumstances[9]. The risk involved in the given scenario was reasonably foreseeable because as it is the concert was being held in summers and that too inside a tent that could accommodate only 200 people. Moreover, it lacked air-conditioning and ventilation; under such circumstances any reasonable person would have arranged to install air-condition or ventilation to prevent the fans from collapsing. Furthermore, despite the availability of three extra exits and entry doorways they had only one front doorway and exits opened for the fans. While they announced 15-minute break allowing the fans to go out and have fresh air, BrizCorpz should have opened the other three exits doorways given that the tent was over crowded with 200 extra people. Any reasonable person in the position of BizCorpz would have done the same to prevent the risk of sustaining injuries while going out of the tent along with heat exhaustion, de-hydration, and fainting. As explained in the Barnett v Chelseas case, applying the but for test it can be argued that the risk of sustaining injuries, fainting, heat exhaustion was reasonably foreseeable and could have been avoided but for negligence on part of the BizCorpz, they failed to take reasonable steps to avert such risk of harm caused to the 150 music fans. The injuries sustained by the fans were a direct result of consequence of the breach committed by BizCorpz. As per section 11 of the Civil Liability Act 2003 (Qld), the duty of care breached by BizCorpz formed the necessary condition of harm that was caused to the music fans. The injured fans have sustained such injuries while exiting out of the concert and such injuries is the result of the failure to avert the risks that was reasonably foreseeable by any prudent person. In regards to the music fan, Chris, the BizCorpz had asked the fans not to consume alcohol or take any illegal drugs at the concert inside the tent. However, Chris had entered into the concert with 12 bottles of beer and finished all the bottles during the first hour of the concert. Consequently, when the break was announced, Chris fell over and sustained injuries from the fans that were leaving the tent. Under such circumstances, BizCorpz may use the defense that Chris was aware that the consumption of illegal drugs and alcohol was not permitted at the concert inside the tent. Despite being aware of the fact that alcohol was not allowed at the concert, he carried 12 bottles and got himself drunk. This can be considered as voluntary assumption of risk where Chris voluntarily accepted the risk of consuming alcohol inside the tent knowing that it was not permitted and that it may cause injuries to him. BizCorpz may state that Chris willingly appreciated the risk and agreed to it without any restraint. The strongest argument that BizCorpz may present is that the injuries sustained by Chris did not result from the consequence of his breach of duty of care. Even if BizCorpz had not committed a breach of duty of care, Chris would have sustained injuries, as he was drunk because of which he tripped and fell over. Had Chris not entered into the concert with alcohol and drank all the 12 bottles, he would not have tripped and fell over. The other fans collapsed due to heat exhaustion unlike Chris who fell over as he was drunk and thereafter, was walked on and sustained injuries. The Australian Consumer Law is applicable to all individuals and businesses along with the consumers within the meaning of section 3 of the Act provided the relevant conduct is related to commerce or trade[10]. The ACL safeguard the consumers by prohibiting unconscionable conduct, misleading or deceptive conduct, unfair terms and other various specific kinds of prohibited contract. According to section 18 (1) of the Act, a person is prohibited from engaging into any conduct that is misleading or deceptive or is likely to deceive or mislead[11]. The section is not only restricted to consumers but is also applicable to any interested public as was observed in Eveready Australia Pty Ltd v Gillette Australia Pty Ltd [2000][12]. There are three essential requirements that must be fulfilled by the aggrieved party to establish that a person or business has been engaged in a conduct that is deceptive or misleading. A person is said to have been engaged in a conduct if such person makes a statement or promise or claim or performs an action as was held in Henjo Investments Pty Ltd v Collins Marrickville Pty Ltd (1989)[13]; The conduct referred to is related to some form of trade or commerce; The conduct was deceiving or misleading; In order o determine whether a conduct was misleading and deceptive, the court shall apply the objective test that was applied in the Taco v Taco Bell [1982][14]. Further, the misleading or a deceptive conduct extends to non-disclosure of any relevant information related to the concerned goods or services. The Australian Consumer law prohibits a person or businesses from engaging into unfair practices under section 29 of the Competition and Consumer Act. According to section 29 of the Act, the making of false representation is strictly prohibited as was observed in the ACCC v Apple Pty Ltd [2012][15]. The following practices may be categorized as false representations amounting to unfair practices: Making false statements with respect to the goods regarding its standard, value, quality, composition, model, style or any particular history or previous use of the goods; Making statement stating that the goods are new; Making false statements regarding the exclusion or existence or any warranty, guarantee or effect of the goods; The other form of unfair practices include bait advertising under section 35 of ACL which implies that placing a product at a price that attracts the buyers when the person advertising knows that he will not be able to supply those services or goods. Further, the ACL stipulates certain statutory guarantees to the consumers that are implied and must be complied by the person providing such services or products[16]. According to section 54 of the Act, the person receiving the service is entitled to receive services or goods of acceptable quality and that matches with the description made by the person providing such services or goods[17]. According to section 57 of the Act, the goods or services provided must corresponds with the any demonstration model or sample in quality, condition or state. With respect to the supply of services to the consumer, the person providing such services shall render the same with due care and skill[18]. According to section 61 of the Act, the services and any product resulting from the services should be fit for the purpose for which the service or the goods obtained by the person[19]. In the event of a breach of any statutory provision, the aggrieved person may be entitled to compensation and bring a civil action against the breaching party. The person breaching the statutory provision may be subject to criminal penalty or severe financial liabilities. As discussed above that the Australian Consumer Law extends protection to all individuals apart from the consumers within section 3 of the Act with respect to conduct related to trade or commerce. On the facts here, Iggy wishes to record a song Happy Birthday as a birthday present for his daughter and contacts the Conway Recording studios owned by Harry Conway. Henry states that the studio produces recordings that are of best quality. On inspection, Iggy found a BlauGunkt sound recorder machine in the studio, which is famous in the music industry for producing high-quality sound recordings. Iggy points at the machine and agrees to record as it produces great music and he has worked with it before. Here, it is implied that the Iggy had agreed to record his song with the BlauGunkt recording machine as he has worked with it before and produces great music. He mentions it by pointing at the machine and agrees to record the song at $7000. Later, he finds that Harry has used the Donstretta Sound recorder machine because of which the sound quality was poor. Donstretta is an Italian recording system that is known for producing poor quality machine. As discussed above, section 18 of the ACL prohibits any person from making false statements about any product or services that misleads or deceives the persons purchasing such product or services. As explained in the Henjos case, Henry was engaged in a conduct where he misled or deceived Iggy by making a false statement that his studio produces best quality sound recordings. Henry had placed the BlauGunkt recording machine in the studio, which convinced Iggy to record with in the studio using the machine, as it is famous for producing best quality music in the music industry. Despite being aware, that Iggy had agreed to record his song using the BlauGunkt machine, which he expressed by pointing at the machine, as he expected best quality sound recording, Henry did not disclose that there was a Donstretta recording machine. According to Tacos case, non-disclosure of relevant information related to the service or goods obtained by the purchaser also amounts to misleading or deceptive conduct under ACL[20]. The ACL stipulates certain statutory guarantees to the consumers and the interested persons who are engaged in any conduct related to trade or commerce. As per the guarantees, Iggy was entitled to receive services that corresponds with the description or statement made by Henry and that which serves his purpose which was to record a best quality song. This establishes that Henry has failed to comply with the statutory guarantees stipulated under section 54 of the ACL. Section 29 of the ACL prohibits a person or businesses to make any false statements or engage in any form of unfair practices as was ruled in the Apples case[21]. In the given scenario, Henry made false statements with respect to the goods regarding its quality of the sound recordings made in the studio[22]. When Iggy asked Henry whether the sound recording quality ion the Conway Recording studio was good, Henry stated that the studio produced best quality sound recordings. According to section 57 of the ACL, every consumer or interested person who is engaged in any form of trade or commerce, is entitled to the right to receive goods or services of acceptable quality and expects to receive goods and services without any defect. Iggy wanted best quality sound recording, which is an implied condition and Henry was under statutry obligation to comply with the statutory guarantees stipulated by the Australian Consumer Law with respect to the goods and services obtained in relation to tra de or commerce[23]. Henry had placed the BlauGunkt recording machine, which convinced Iggy that the studio produces best quality recordings as he himself had used the machines, and it does produces best quality recordings. However, Henry knew that he would be using the Doinstretta recording machine that was placed right behind the BlauGrunkt machine. This establishes the fact that Henry had been engaged in unfair practices such as bait advertising under section 35 of the ACL, which amounts to an infringement under section 29 of the Australian Consumer Law[24]. Henry has been engaged in unfair practices by making false statements with respect to the quality of recordings made by the Conway Studio, have committed a breach of the statury provisions of the ACL, and is entitled to compensate Iggy for the loss resulting out of such breach. Reference list ACCC v Apple Pty Ltd [2012] FCA 646 Barnett v Chelsea Kensington Hospital [1969] 1 QB 428 Civil Liability Act 2003 (Qld) (section 11) Civil Liability Act 2003 (Qld) (section 9) Competition and Consumer Act 2010 ( Cth) Schedule 2 (section 18 (1)) Competition and Consumer Act 2010 ( Cth) Schedule 2 (section 29) Competition and Consumer Act 2010 ( Cth) Schedule 2 (section 29) Competition and Consumer Act 2010 ( Cth) Schedule 2 (section 3) Competition and Consumer Act 2010 ( Cth) Schedule 2 (section 35) Competition and Consumer Act 2010 ( Cth) Schedule 2 (section 54) Competition and Consumer Act 2010 ( Cth) Schedule 2 (section 57) Competition and Consumer Act 2010 ( Cth) Schedule 2 (section 61) Donoghue v Stevenson [1932] AC 562 Eveready Australia Pty Ltd v Gillette Australia Pty Ltd [2000] ATPR 41-751 Henjo Investments Pty Ltd v Collins Marrickville Pty Ltd (1989)FCA 354 Howells, Geraint, and Stephen Weatherill. Consumer protection law. Routledge, 2017. Latimer, Paul. "Protecting Consumers from Unfair Contract Terms: Australian Comparisons." (2016). Levy, Neil M., Michael M. Golden, and Leonard Sacks.Comparative Negligence, Assumption of the Risk, and Related Defenses. Vol. 1. California Torts, 2016. Spamann, Holger. "Monetary Liability for Breach of the Duty of Care?."Journal of Legal Analysis(2016): law009. Taco v Taco Bell Pty Ltd [1982] FCA 136 Twigg-Flesner, Christian. Consumer product guarantees. Routledge, 2017. Velasco, Julian. "A Defense of the Corporate Law Duty of Care." (2014). Wagon Bound no 1 [1961] AC 388 Zipursky, Benjamin C. "Reasonableness in and out of Negligence Law." (2015)

Decision Making based on Opportunity Cost-Free-Samples for Students

Questions: 1.As a producer, why is it important to consider the Price Elasticity of Demand of your Product when setting the price you are going to charge? 2.Explain the difference between Comparative advantage an absolute advantage. Answers: 1.Introduction The price for normal goods is the primary determine of the quantity demanded. The consumer behavior is such that they want to maximize utility but by spending the least money possible. Thus they tend to buy more goods when the price is low but less goods when price is high. Analysis The concept of Price Elasticity of Demand (PED) is to show how a unit price change influences the quantity demanded (Pal, 2016). Competition creates a need to charge the best price to attract more customers. Selling at very high price may shift customers to make their orders from other suppliers offering at lower price. Its not price of a good alone that mainly influence demand; the type of good also affect demand. For instance, the demand for a good with close substitutes fall when the producer raises own price. On the other hand, the demand for unique products does not change much when price is raised Fig (a) Elastic Demand(b) Inelastic Demand The change in price affects demand differently; in fig (a), demand is elastic, meaning that the change in demand that results from a small price change is very high (Chand, 2016). Its thus not advisable to raise price in this case. In figure (b), where demand is inelastic, the change in demand is low even with a big price change. This is the best case to raise price. Conclusion PED is an important sales tool for the producer as it guides him/her on when to lower or raise prices and at the same time achieve the objective of increasing revenue. Elastic demand is not suitable for price raise; on the other hand, price could be raised under inelastic demand 2.Introduction Absolute and comparative advantage are two concepts mainly used in international trading (Schumacher, 2012). The concepts may also however be used locally in comparing the efficiency and opportunity cost between two parties. In international trade, a country cannot produce everything or import everything. It only produces that which it can effectively and import that which it cannot. Analysis Absolute advantage means that a producer is able to produce more effectively than the other. On the other hand, opportunity cost is used to define the comparative advantage; this is where the producer has a lower opportunity cost in producing a certain good compared to a similar producer (Perera, 2016). For instance, assume two countries, U.S and Australia that produces two goods (maize and wheat). U.S can either produce 50 bags of maize or 25bags of wheat. Australia can either produce 40 bags of maize or 10 bags of wheat. In this case, the U.S has an absolute advantage in both maize and wheat production since it has an ability to produce more compared to Australia. However, if the U.S produces maize, it foregoes 25/50 or 0.5wheat bags, but Australia foregoes only 10/40 or 0.25 wheat bags after producing bags of maize. Australia has a comparative advantage in maize production. U.S has comparative advantage in wheat production. Australia should thus specialize in maize production and U.S on wheat production and both can trade. Conclusion Absolute and comparative advantage is an essential concept that facilitates international trading. It is also used for saving costs. Costs is not the only factor that is explained by this concept; time may also be a factor where one party may have absolute or comparative time advantage over the other. Comparative advantage is essential for specialization. References Chand, S. (2016). The Importance of Elasticity of Demand (5 Important Points). YourArticleLibrary.com: The Next Generation Library. Retrieved 2 August 2017, from https://www.yourarticlelibrary.com/economics/the-importance-of-elasticity-of-demand-5-important-points/8964/. Pal, D. (2016). Elasticity of Demand and Supply (With Diagram).Economics Discussion. Retrieved 2 August 2017, from https://www.economicsdiscussion.net/elasticity-of-demand/elasticity-of-demand-and-supply-with-diagram/16244. Perera, G. (2016). Difference between Absolute and Comparative Advantage. Pediaa.Com. Retrieved 2 August 2017, from https://pediaa.com/difference-between-absolute-and-comparative-advantage/. Schumacher, R. (2012). Free trade and absolute and comparative advantage: a critical comparison of two major theories of international trade. Potsdam, Universita?tsverl

Sample Essay About Why I Love Working in Retail

Sample Essay About Why I Love Working in RetailThe perfect sample essay about why I love working in retail is the one that says it all. A sample survey must clearly define the subjects and types of writing that will be used, include an outline or plan for writing a paper, list any prerequisites or qualifications needed for writers who are applying for samples, and include a review of what each writer is expected to do in order to prepare a work of research.A sample essay about why I love working in retail job should be no more than ten hundred words and can be performed on any topic you may want to cover. This is a paper that can be used as a reference when writing your own for the next time you need a great one about why I love working in retail. With samples on hand, you can write the paper yourself, or even get some help from a friend to help you if you don't have the time to write your own essay about retail.When preparing this type of paper, there are a few different ways to app roach the document. You can start by listing down the different topics you wish to write about, then breaking down those topics into sub-topics. Some examples of topics include product reviews, the future of retail, customer service, current trends, or retail management. Following these steps can help to organize the material so that it flows well.You will then need to write the main body of the paper, which is the introduction, the outline, and the main body of the paper. It is also best to include a chapter or two at the end to further explain what you are covering in the paper. You should feel free to include information in this section about why you are writing this type of paper, or include information about the topic you chose to cover.Once you have completed your main body, the outline should then be included. In addition to outlining your main topic or theme, an outline should give you enough information to guide you through writing the paper.One of the biggest advantages to using sample essays is that they are easy to use and understand. Because they are the same format that most writers have used before, you won't have to worry about confusing words or phrases that will take you out of the flow of your writing. When it comes to sample essays, most writers know exactly what to expect and can easily use the writing material.There are several websites online that offer sample essays about why I love working in retail jobs that are just as useful as a professional document. Although these types of essays are not as polished as a professional document, they still offer valuable information about how to write an effective essay.These essays are excellent if you want to write your own personal essay about why you love working in retail. They also make it easier to find inspiration for your own essay. If you take the time to browse online samples, you will find several samples available for free.

Agribusiness in the North America

Comparative Critique Essay Example

Comparative Critique Essay As a journalist and critic for Time Magazine, James Poniewozik concentrates on how the classic fairytale of Cinderella has been reinvented multiple times to correspond with the viewpoints of feminist authors. Poniewozik claims in his article The Princess Paradox that girls choosing the fairy-tale ending is not such a bad thing (667). However Peggy Orenstein, a contributing writer for The New York Times, would completely disagree with that statement. Orenstein stresses in her article Cinderella and Princess Culture that the princess craze and girlie-girl culture is ruining young girls as they feel constantly pressured to be perfect (673). Poniewozik and Orenstein have conflicting claims in their articles as both define Cinderella differently. Poniewozik does not see an issue with the Cinderella story and believes it does not have any negative effect on girls, while Orenstein would have to disagree because of her strong feminist beliefs. This leads Orenstein to believe that the princess culture does indeed have a negative effect on girls. Peggy Orenstein clearly states and argues throughout her article that the princess craze is a world-wide phenomenon and is damaging young girls. The damage Orenstein is referring to is depression caused by girls feeling that they must fulfill the princess image, and when they do not, it makes them feel as if they are not good enough the way they are. Orenstein also goes as far to say that women who are perpetually nice are more likely to be depressed and less likely to use contraception. (673) We will write a custom essay sample on Comparative Critique specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Comparative Critique specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Comparative Critique specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Both Poniewozik and Orenstein recognize the fact that large companies like Disney are responsible for pushing the princess craze. In Orensteins article she notes the fact that Disney executives claim that the princess is on its way to becoming the largest girls franchise on the planet (671). These large companies are distributing the princess products mainly because that is what sells and Disney executives also saying that it is the fastest-growing franchise ever created. (671) Poniewozik quotes Marlo Thomas in his article stating what women have ried to achieve for other women and young girls is a choice in every step in their lives. (667). The task that has been tried to achieve that Poniewozik is referring to is the earlier generation of women working to be able to do everything that men could (667). Both Poniewozik and Orenstein acknowledge the fact that young women need to assert their independence, but in modern times it seems that is not a main focus for girls anymore. Even t hough Poniewozik is male he still notes some feminist views in his article that Orenstein would agree with. Poniewozik states the fact that reinventing fairy tales has been a favorite project of feminist authors (667). Another issue that Orenstein also hints at in her article by using the childrens program, Dora the Explorer as an example of how merchandise and shows are being changed to correspond with the princess craze (671) Orenstein has noticed the transition from the old story of princess movies to a newer more modern form of the princess. Some modern fairytale movies such as The Prince Me, which is mentioned in Poniewoziks article, have changed their story line to have a non-fairy-tale ending. Poniewozik then notes the fact that the director of the movie, Martha Coolidge, admitted she knew the ending was wrong after she watched it (667). Poniewozik states in his article that filmmakers are much more message conscious and by also noting that the girls fight to control their destiny; the boys good-naturedly learn to accept theirs (668). This is an example of what Poniewozik is referring to by his idea of the new Cinderella and how he feels the thought of Cinderella should be altered. Poniewozik briefly mentions the idea of nature or nurture which are innate qualities versus personal experiences or learned behaviors. This shows an example of his belief that it is a naturally occurring affair for young girls to want to be a princess or conform to Orensteins idea of girlie-girl culture (667;671). Orenstein drifts more toward the idea of the nurture part as she says that the princess image has been thrown at girls since a very young age which is where she quotes Andy Mooney, a former Nike executive, the meaning of princess is so broadly constructed that it actually has no meaning (673). hat Orenstein is referring to is how any girl could be referred to as princess another example of her princess craze. Although Poniewozik and Orenstein both address some of the same topics and issues, their overall ideas of the princess craze are far different from one another. Orenstein is more negative toward the idea of princesses by taking a more feminist stance on the issue. Ore nsteins highly feminist views are prevalent throughout her article and constantly adverting back to her belief that Cinderella has a negative impact on girls. Poniewozik, even though recognizing the feminist stance, still has a more positive outlook and believes it is a natural process for girls to go through a princess phase. Works Cited Orenstein, Peggy. Cinderella and Princess Culture. Writing and Reading Across the Curriculum. 11th Edition. Behrens. Rosen. Boston: Longman, 2011. 670-673. Print. Poniewozik, James. The Princess Paradox. Writing and Reading Across the Curriculum. 11th Edition. Behrens. Rosen. Boston: Longman, 2011. 670-673. Print.

Factors Effecting Conversion of Footfalls in a Retail Store Essay Example

Factors Effecting Conversion of Footfalls in a Retail Store Essay Example Factors Effecting Conversion of Footfalls in a Retail Store Essay Factors Effecting Conversion of Footfalls in a Retail Store Essay International Journal of Management and Strategy (IJMS) 2012, Vol. No. 3, Issue 4, January-June 2012 facultyjournal. com/ ISSN: 2231-0703 â€Å"FACTORS AFFECTING CONVERSION OF FOOTFALLS IN RETAIL STORES† Abu Bashar, Assistant Professor, Brown Hills College of Engg Tech. , Faridabad, Haryana, INDIA ABSTRACT In this research paper efforts have been made to explore various factors which affect the behavior of consumers in a retail outlet. A random sample of respondents visiting retail outlets has been considered for the present study. The paper mainly focuses towards various factors which affects the decision of the consumer in the store while they visit there for shopping. So, this research is mainly concerned with the behavior of the consumer and the various factors which are of enormous importance in converting the footfall within the stores. The paper also intends to recommend some feasible and viable strategies to be followed by retail outlets to maximize the percentage of conversion. Keywords: Behaviour, Consumers, Conversion, Factors, Retail, Shopping, Strategies International Journal of Management and Strategy ISSN: 2231-0703 International Journal of Management and Strategy (IJMS) 2012, Vol. No. 3, Issue 4, January-June 2012 facultyjournal. com/ ISSN: 2231-0703 INTRODUCTION It becomes really very difficult for the small retailers and similar formats to compete with hyper marts and malls. The big retailers are putting cut throat competition to them. So, it becomes very important for retailers to gain a deeper insight into retail consumer behavior. The study of consumers helps firms and organizations improve their marketing strategies by understanding issues such as how ? : The psychology of how consumers think, feel, reason, and select between different alternatives (e. g. , brands, products); ? The the psychology of how the consumer is influenced by his or her environment (e. g. , culture, family, signs, media); ? ? The behavior of consumers while shopping or making other marketing decisions; Limitations in consumer knowledge or information processing abilities influence decisions and marketing outcome; ? How consumer motivation and decision strategies differ between products that differ in their level of importance or interest that they entail for the consumer; and How marketers can adapt and improve their marketing campaigns and marketing strategies to more effectively reach the consumer. Understanding these issues helps us adapt our strategies by taking the consumer into consideration. For example, by understanding that a number of different messages compete for our potential customers’ attention, we learn that to be effective, advertisement s must usually be repeated extensively. We also learn that consumers will sometimes be persuaded more by logical arguments, but at other times will be persuaded more by emotional or symbolic appeals. By understanding the consumer, we will be able to make a more informed decision as to which strategy to employ. International Journal of Management and Strategy ISSN: 2231-0703 International Journal of Management and Strategy (IJMS) 2012, Vol. No. 3, Issue 4, January-June 2012 facultyjournal. com/ ISSN: 2231-0703 There are three fundamental patterns which a consumer can follow and they could be: (I) Brand first, retail outlet second (ii) Retail outlet first, brand second (iii) Brand and retail outlet simultaneously. Good customer service is the lifeblood of any business. You can offer promotions and slash prices to bring in as many new customers as you want, but unless you can get some of those customers to come back, your business won’t be profitable for long. Good customer service is all about bringing customers back. And about sending them away happy – happy enough to pass positive feedback about your business along to others, who may then try the product or service you offer for themselves and in their turn become repeat customers if you’re a good salesperson, you can sell anything to anyone once. Besides from the above stated facts the following factors are also very much important for attracting, converting and retaining customers in a particular retail outlet. These factors are being described below. 1. Availability of merchandise in the store 2. Product Quality 3. Product range(both product width and depth) 4. Promotional offers and frequency of schemes. 5. Services (pre, during and post purchase) 6. Pricing as a result of merchandise on offer 7. Ambience of the store International Journal of Management and Strategy ISSN: 2231-0703 International Journal of Management and Strategy (IJMS) 2012, Vol. No. 3, Issue 4, January-June 2012 facultyjournal. com/ ISSN: 2231-0703 8. The empathy factor of the outlet attendant In order to gain deeper insight a thorough investigation of the related literature have been investigated, some of them are given below 1. Lichtle, M. C et al. investigates that it is interesting to notice that the outlet’s characteristics have an impact on value, which, in its turn, has an impact on satisfaction. Our results show what variables are to be privileged if one wishes to give the outlet its utilitarian and/or hedonic value. In the first case, the stress has to be put on product availability. This means that when a retailer, considering her/his product range, wants to confer a utilitarian value to the shopping behaviour all she/he has to do is to make sure that her/his products are easily available and within easy reach. The hedonic value is determined by a combination of several variables: atmosphere, peripheral services, the store’s employees and crowding. Customer satisfaction will thus be indirectly improved. By handling these four variables, the retailer will manage to enhance the hedonic value the consumer attributes to shopping. According to the positioning chosen, a firm will give more emphasis either to the hedonic value or to the utilitarian value, and therefore will act on the most relevant characteristics of the outlet that our study underlined. 2. Malcolm Kirkup and Marylyn Carrigan said that as the public demand for ethical accountability grows, marketers must ensure that their activities match public expectations. Owing to its high visibility and direct contact with the public, marketing research in particular has a duty to conduct its business to the highest ethical standards. As new technology alters the way that research is conducted, there is a challenge to safeguard all the stakeholders involved in the research from unethical behaviour. Observational research is a prime example of a research technique which, while providing a valuable tool in the study of consumer behaviour, raises concerns over individual privacy particularly with the growing sophistication and power of the technology. 3. Jones, peter and David Hillier examined that Current government planning policies affecting retail investment; development and location certainly pose a major set of challenges for the leading retailers and for developers and property companies Sainsburys have argued that being more flexible in their formats allows them to take greater advantage of planning opportunities. International Journal of Management and Strategy ISSN: 2231-0703 International Journal of Management and Strategy (IJMS) 2012, Vol. No. 3, Issue 4, January-June 2012 facultyjournal. com/ ISSN: 2231-0703 4. Basso jeo and Randy Hines said that Males from the Midwest reported higher instances of positive shopping experiences at retail stores. They reported that courteous sales associates and attentive managers enhanced the shopping experience. Similarly, females from this part of the country reported higher instances of positive shopping experience. Again, the primary reason for their positive experiences was the courteous nature of the sales associates and the attentiveness of the floor-level management staff. Ten of the 25 respondents reported having negative shopping experiences at retail stores. However, while reasons varied from displeasure with the merchandise to delays in delivery of goods, none of the respondents attributed a negative experience to rude or inattentive sales associates and managers. Of the 18 females, 16 from the East reported having a negative experience at retail shopping centers. The reasons varied among respondents from poor quality merchandise to delays in shipping. However, 11 of the respondents indicated that their negative shopping experiences were the result of inattentive and rude sales associates. Two of the men reported having a negative shopping experience but they based this on the quality of the products they received. Of the eight positive shopping experiences reported by both male and female respondents, all indicated that their experiences directly resulted from an attentive sales associate or receptive management staff 5. Boedkar, Mika said that this should offer an opportunity for retailers to use segmentation and target their offerings, since it has been claimed that retail outlets tend to resemble one another and offer comparable products at comparable prices, thereby losing their individual profile. At the same time, consumer markets are becoming more sharply segmented than ever before. The new-type shoppers should be attracted by an image, one that is congruent with the consumer’s self-image. Since their demands of a retail outlet are rather high in every respect, the basics (e. g. service, price level, product quality and selection) should be considered as well as recreational, experience offering characteristics (e. g. interior design, aroma, care, product shows, and novelties). This kind of image could attract some of the traditional shoppers too, but they can be reached without the addition of recreational characteristics, implying reduced costs in retail outlet design. Without the basics, maybe only purely recreational shoppers could be attracted. Is this then the case in reality? As Rosen bloom points out, congruence between a retail outlet and consumer image is usually â€Å"more a matter of happenstance than a conscious effort to fit the store image to the target markets served by the retailer†. This means that congruence is achieved between retail outlet dimensions and traditional values held by the outlet’s founders or a typical image projected by the retailer’s trade peer group. International Journal of Management and Strategy ISSN: 2231-0703 International Journal of Management and Strategy (IJMS) 2012, Vol. No. 3, Issue 4, January-June 2012 facultyjournal. com/ ISSN: 2231-0703 6. Amine, Abdilmajid and Sandrine cadenate examines that product classes proposed in an retail outlet do not contribute equally to the variety of store image and effectiveness from the customers point of view. It also demonstrate the perception of consumer of the overall store assortment, consumers are highly sensitive in selecting range of varieties. 7. Ratcliffe, John and Sheila Flanagan said that BIDs have been tried and tested over time. They are here to stay, and will almost certainly multiply, diversify and innovate. In practice, they have not produced the negative social effects that some feared, nor have BIDs made any major public mistakes in recent years (Houstoun, 2003). Several trends reinforcing the relevance of the BID concept to the promotion of the tourism industry can, however, be distinguished (Houstoun, 2003): Hospitality trumps security. In many established BIDs fear of crime has diminished and what were formerly security personnel are increasingly being trained as ambassadors, guides or hosts to provide hospitality functions. In the same way, the focus of BID cleaning programmers has broadened so as to concentrate more on urban design, landscape and general district beautification. Greater experience and growing confidence has lead to a growth in the number of small, and some very small, BIDs. Here the accent is usually placed on promotion and marketing, as well as orchestrating a programme of festival style events delivered by voluntary effort. There is a growing realization that many of the characteristics that make a district a great place to visit – a variety of restaurants, cinemas, nightclubs, bars, cultural facilities, a walk able environment, attractive public places and a feeling of safety – also make it a great place to live. For business, in general, the visitor and residential markets tend to complement each other. 8. Kirkop, Malcolm said that for some retailers the quality of information systems has been improved – enabling a better understanding of variations in performance, better measurement of the remedial effects of initiatives, and improvements in the allocation of resources – and there is value for both head office planners and store managers. However, development and integration of the technology is proving problematic for other retailers – partly arising from the newness of the technology. International Journal of Management and Strategy ISSN: 2231-0703 International Journal of Management and Strategy (IJMS) 2012, Vol. No. 3, Issue 4, January-June 2012 facultyjournal. com/ ISSN: 2231-0703 9. Bennison, David et. al. examines that the challenge for urban managers is therefore to preserve and maintain the vitality of the Northern Quarter without destroying its soul. Almost by definition, the archetypal residents and businesses do not seek, let alone conform to, top-down planning and marketing, and are likely to be highly skeptical of it – somewhat ironical or paradoxical given the number of marketing and public relations companies located there. The challenge is that the city’s planners also want to maintain that distinctiveness as much as their inhabitant since the Northern Quarter forms an important element of the wider place product that is Manchester. As the City Council’s guide to visitors states: â€Å"Rising up out of one of city’s most historically rich areas is the Northern Quarter. Now transformed into a busy social and residential area, laden with independent bars, restaurants, cafe? s and shops – the Quarter has a uniqueness and credibility all of its own and attracts the kind of urban soul on the lookout for a bit of individuality and style (w. anchester. gov. uk/visitor centre/areas. htm). 10. Kirkup, Malcolm and Mohammad rafique said that in an increasingly competitive market environment future success for shopping centres will depend on effective management and marketing. Shoppers have a good choice of centres, all of which can meet their needs at a practical level. Centres need t o develop a compelling personality and distinctive position, based on identification of particular strengths within their marketing mix that will appeal to their chosen target market. Our research notes that shopping centres are unique types of service business, challenged and constrained in many areas of the marketing mix as a result of both the nature of the service and traditional philosophies and practices. The marketing mix framework proposed in the paper attempts to reflect this uniqueness and offers a more comprehensive coverage of key dimensions and a useful basis for analysis and management. OBJECTIVES The following objectives have been considered for pursuing the study in hand. Objectives 1. To study the various factors which effects conversion of footfall in retail stores? . To study and analyze the various services provided by retail stores in order to convert their footfalls. 3. To study the behavior of consumers in the store and their priorities at the time of buying. International Journal of Management and Strategy ISSN: 2231-0703 International Journal of Management and Strategy (IJMS) 2012, Vol. No. 3, Issue 4, January-June 2012 facultyjournal. co m/ ISSN: 2231-0703 4. To find out the measures to improve the convertibility of footfalls.. RESEARCH METHODOLOGY The following methodology have been used for the study in hand Research Design: Exploratory research Sample Size: A Sample size of 100 Sampling technique: The sampling technique has been probabilistic sampling more specifically the simple random sampling Sources of Data: Data collection is based on primary and secondary data Instruments used for collection of data: Questionnaire, interviews, journals Techniques used for analysis: Two way ANOVA and chi-square test for goodness of fit FINDINGS 1. Most of the respondents are visiting retail outlets almost twice in a week. 2. A large number of customers buying all the products available in the store. While some customers are visiting store for a particular section. 3. Most of the customers are saying that retail outlets are not offering wide range of product. 4. Most of the customers are claiming that they do not have their item of choice in the store all the times. 5. Most of the customers shopping in retail outlets due to availability of merchandise at lower prices with convenience. International Journal of Management and Strategy ISSN: 2231-0703 International Journal of Management and Strategy (IJMS) 2012, Vol. No. 3, Issue 4, January-June 2012 facultyjournal. om/ ISSN: 2231-0703 6. A large number of customers are favoring the layout and accessibility of items in the store. 7. Most of the customer believe that if the store promises to do something in a particular time, it do so. 8. A large number of customers have faith in the employee of the store. 9. Most of the customer said that store give them individual attention. 10. A large number of customers are advocating that the operating hour of store is convenient for them. 11. Most of the customers found complaining about air condition and less effective ambience the stores.

Understanding the Difference Between Race and Ethnicity

Understanding the Difference Between Race and Ethnicity Its common to see the terms race and ethnicity used interchangeably, but, generally speaking, the meanings are distinct. Race is usually seen as biological, referring to the physical characteristics of a person, while ethnicity is viewed as a social science construct that describes a persons cultural identity. Ethnicity can be displayed or hidden, depending on individual preferences, while racial identities are always on display, to a greater or lesser degree. What Is Race? The term race refers to distinct populations within a larger species. Racial characteristics are physical and can range from skin, eye, and hair color to facial structure. Members of different races usually have relatively minor differences in such morphology- a branch of biology dealing with the form and structure of animals and plants- and in genetics. All humans belong to the same species (Homo sapiens) and sub-species (Homo sapiens sapiens), but small genetic variations trigger varying physical appearances. Though humans often are subdivided into races, the actual morphological variations dont indicate major differences in DNA. The DNA of two humans chosen at random generally varies by less than 0.1%. Because racial genetic differences arent strong, some scientists describe all humans as belonging to a single race: the human race. What Is Ethnicity? Ethnicity is the term used for the culture of people in a given geographic region or of people who descended from natives of that region. It includes their language, nationality, heritage, religion, dress, and customs. An Indian-American woman might display her ethnicity by wearing a sari, bindi, and henna hand art, or she could conceal it by wearing Western garb. Being a member of an ethnic group involves following some or all of those cultural practices. Members of an ethnicity tend to identify with each other based on these shared traits. Examples of ethnicity include being labeled as Irish, Jewish, or Cambodian, regardless of race. Ethnicity is considered an anthropological term because it is based on learned behaviors, not biological factors. Many people have mixed cultural backgrounds and can share in more than one ethnicity. Race vs. Ethnicity Race and ethnicity can overlap. For example, a Japanese-American would probably consider herself a member of the Japanese or Asian race, but, if she doesnt engage in any practices or customs of her ancestors, she might not identify with the ethnicity, instead considering herself an American. Another way to look at the difference is to consider people who share the same ethnicity. Two people might identify their ethnicity as American, yet one is black and the other white. A person born of Asian descent growing up in Britain might identify racially as Asian and ethnically as British. When Italian, Irish, and Eastern European immigrants began arriving in the United States, they werent considered part of the white race. This widely accepted view led to restrictions of immigration policies and on the entrance of â€Å"non-white† immigrants. Around the start of the 20th century, people from various regions were considered to be members of sub-categories of the white race, such as â€Å"Alpine† and â€Å"Mediterranean† races. These categories passed out of existence, and people from these groups began to be accepted into the wider â€Å"white† race, though some retained distinction as ethnic groups. The idea of an ethnic group can also be broadened or narrowed. While Italian-Americans are thought of as an ethnic group in the United States, some Italians identify more with their regional origins than their national ones. Rather than view themselves as Italians, they consider themselves Sicilian. Nigerians who recently moved to the U.S. might identify more with their specific group from within Nigeria- Igbo, Yoruba, or Fulani, for example- than their nationality. They might have completely different customs from African-Americans who descended from former slaves and whose families have been in the U.S. for generations. Some researchers believe that the concepts of both race and ethnicity have been socially constructed because their definitions change over time, based on public opinion. The belief that race is due to genetic differences and biological morphologies gave way to racism, the idea of superiority and inferiority based on race, they charge. Persecution based on ethnicity, however, also has been common. Race Trumps Ethnicity New York University sociology professor Dalton Conley spoke to PBS about the difference between race and ethnicity for the program â€Å"Race: The Power of an Illusion†: â€Å"The fundamental difference is that race is socially imposed and hierarchical. There is an inequality built into the system. Furthermore, you have no control over your race; it’s how you’re perceived by others.† Conley, like other sociologists, argues that ethnicity is more fluid and crosses racial lines: â€Å"I have a friend who was born in Korea to Korean parents, but as an infant, she was adopted by an Italian family in Italy. Ethnically, she feels Italian: She eats Italian food, she speaks Italian, she knows Italian history and culture. She knows nothing about Korean history and culture. But when she comes to the United States, she’s treated racially as Asian.† Key Takeaways Differences between race and ethnicity: Race is biological, while ethnicity is cultural.Ethnicity can be displayed or hidden, while race generally cannot be.Ethnicity can be adopted, ignored, or broadened, while racial characteristics cannot.Ethnicity has subcategories, while races no longer do.Both have been used to subjugate or persecute people.Some sociologists believe that racial divisions are based more on sociological concepts than biological principles. Sources: https://www.worldatlas.com/articles/what-is-the-difference-between-race-and-ethnicity.html https://www.diffen.com/difference/Ethnicity_vs_Race https://www.livescience.com/33903-difference-race-ethnicity.html