Cross Cultural Perspectives Essay

The Microsoft Corporation is a fortune 500 company that ranked # 35 on the fortune 500 list in 2013 (Fortune 500, 2013) and is one of the largest business corporations in the world. It was founded in 1975 by two guys named Paul Allen and Bill Gates, the business developed very rapidly as the years went by and reached a marker of 89,000 employees, with a revenue of $62 billion dollars and had offices located all over the world (Fortune 500, 2011). From the initial headquarters that is held in Albuquerque New Mexico, the Microsoft Company steadily increased the offices held within the United States and expanded that to include more than 100 countries abroad. This expansion into different countries became a challenge because of having to deal with new lifestyles, new cultures, people, and languages. Proper research needed to be conducted not to mention the implementation of a proper working strategy to help the integration of these new ethics and cultures into those of the Microsoft Corporation. The homepage of the Microsoft Corporation shares a summarized version of its culture and says â€Å"We as individuals and as a company value honesty, integrity, constructive self criticism, openness, mutual respect, and continual self improvement† (Microsoft Corporation, 2011). The Microsoft Corporation also presents their official responsibilities as part of their ethical obligation. â€Å"We at the Microsoft Corporation hold ourselves accountable to our shareholders, customers, employees, and partners, and we do this by honoring our commitment, providing results, and striving for the highest quality possible† (Microsoft Corporation, 2011). When making a move into new cultures and countries, it becomes very important for employees old and new to not only understand but also accept the Microsoft Corporations ethics and culture. As we all know Microsoft products are used all over the world in both businesses and homes. When they first made the decision to open an office in Lebanon, a majority of the computers ran on the Microsoft Windows operating system and the Windows Office program was the most popular word processing and spreadsheet program. However, there was a problem and that problem was the fact that there was a bunch of versions of this system that had been pirated and distributed in that country. In a country where buying a five dollar pirated software program from a local computer store made it a little hard in terms of convincing some people that it was not only unethical but also illegal. This brings about the question of, â€Å"How is The Microsoft Corporation going to sell authentic versions of their software when there are pirated versions being distributed at such a cheaper price not to mention a lack of government control involved†? Because of this, Microsoft proceeded to send letters to these major organizations warning them against using this pirated software. They also offered to visit these businesses in order to conduct a site survey so that assessments could be made in terms of what software would fit the company the best and at what the cost would be. The Microsoft Corporation also provided the organization that behaved ethically and invited Microsoft in for the survey assessment; Microsoft turned around and gave them a very good price deal on the software. Microsoft also introduced to them a payment facility for the companies that had to make large purchases of the software in order to get licenses for the pirated software they already had in place. Everyone knows that not all organizations and businesses operate within ethical boundaries. Lebanon, just like the U. S. , is similar in the fact that it is an individualist culture. However, bribery is common throughout this country. Microsoft has an ethical standard that is against these types of acts and it is totally against their integrity. It was however, improbable to sell these authentic copies to many of these businesses without presenting these managers with some type of gift in exchange. Some of these organizations proceeded to offer gifts to the Microsoft Corporation’s employees. They in return were hoping for some type of special discount, or a deal would not work out. The Microsoft Corporation has an ethical obligation to their shareholders and that obligation is to protect and increase the value of the shares. The Microsoft Corporation has to be able to earn a said profit in order for the share values to increase. On a bad note, Microsoft cannot legitimately sell software copies in a country that has corruption and bribery within its ethics and culture. According to Transparency International â€Å"The transparency in Lebanon ranked 2. 5 out of 10 in the world in 2010† (Corruption Perception Index 2010 Results, 2010). When comparing that score to 8. 9 out of 10 in Canada and 7. 1 out of 10 in the United States, the difference is quite staggering. Microsoft has to be able to find a way to adapt their approach in order to conclude some type of successful business in the country of Lebanon. According to the text book â€Å"The biggest source of anxiety for business people in America who operate abroad is the expectations of bribes and payoffs† (Trevino & Nelson, 2007). When the Microsoft management team was faced with bribes or offerings in order to sell their software to the organizations who where operating on pirated copies, they in return chose to use an ethical model in order to make a decision in regards of choosing which course of action would be best to take. The judicial systems of these countries that have a low transparency, that are similar to those in Lebanon, are very weak. So filing a lawsuit against the businesses that are running the pirated versions of the Microsoft software programs would turn out to be very costly, time consuming and may end up yielding no type of results in the end. Management teams that are faced with different types of ethical situations can apply different types of ethical models in order to help assist in the process of decision making. In the case of bribing a manager of an organization in order to purchase software that is legal, it is possible that they could apply the utilitarianism ethical model. By looking at the result, it might be easy to try and make a decision on whether or not the employees at the Microsoft Corporation may try and bribe a business into purchasing Microsoft software that is legal. On a positive note, Microsoft selling more software to organizations and businesses that need it or may already be using it may help in the reduction of software being pirated within the country. The share prices at Microsoft are being maintained by the revenue and the employees receiving a commission. On the negative side, if a bribe is being paid to an employee or a member of the business or an organization who is purchasing the Microsoft software. The Utilitarianism’s ethical model shows approval of this as a decision that is ethical. Being able to apply different ethical models, such as the deontological model may end up having different ending results. The question that this raises is â€Å"Should all businesses or organizations pay some type of bribe or bribes in order to help sell their products? † The answer to this naturally is, â€Å"no†. Global businesses are faced with many different challenges everyday as they expand into different foreign organizations. Ethical challenges will always arise for an organization as they expand. The ethical decisions made in regards to different business matters can usually be solved by applying the different ethical models that are available. There are plenty of tools available for helping solve arising ethical problems and they need to be used so they may be helpful in making solutions. With the launch of Microsoft in the country of Lebanon they need to confront these ethical issues of bribery so that they can enter the market. The Microsoft Corporation must learn to adapt their policies in order to comply with the ethical standards they have in the country of Lebanon. References Corruption Perception Index, 2010 results (2010). Transparency International Retrieved August 11, 2013 from https://www. transparency. org/policy_research/surveys Fortune Global 500 (2011) CNN Money, Retrieved August 11, 2013 from https://money. cnn. com/magazines/fortune/global500/2011 Microsoft Corporation (2011) About Microsoft, Retrieved August 10, 2013 from https://www. microsoft. com/about/en/us/default. aspx Trevino. L. K & Nelson. K. L (2007) Retrieved August 9, 2013 from Managing Business Ethics (4th Ed). Hoboken, NJ: John Wiley & Sons.

Marketing Plan for Sony Xpreia Essay

The following report is a marketing plan for Sony Ericson Mobile in Australia for the 2012-2013 financial year. The Sony Ericson brand continues to grow in unpopularity after several years of underperformance. This has occurred due to Sony Ericson trying desperately to hold onto its premium brand image that comes with a high cost and not focusing its resources on finding the right target market that suites its technology and innovation. The marketing plan will focus on the mobile market and critically analyse this market in Australia. Also analysing Sony Ericson as a company, as well as its competitors, customers and SWOT analysis. Sony Ericson has missed a critical market that its innovative technology would fit perfectly with. This report will argue that by incorporating the tween market through this marketing plan Sony Ericson will be able to stop the growth in unpopularity that it has created over the last few years. Introduction In this report the Sony xperaplay smart phone will be critically analysed in terms of its market segmentation, current objectives, the market it targets, Sony occupies an irreplaceable position in the gaming world, and its subsidiary, Sony Ericsson, also has strong competitiveness in the mobile phone industry. Sony combined mobile techniques with their own gaming technology, which created the Sony Ericson Xperia Play. Xperia Play is a mobile phone with incredible game function which is targeted at young adults and gamers, and has a good reputation within the customers. The marketing strategy that was implemented has directly targeted a specific market, young adults. As a result of this it has made the product have a fairly subjective target market which Sony can seek to increase potential target market by repositioning the Xpera Play phone towards a younger audience. This campaign will reposition it to focus on tweens. Situational Analysis Sony Ericson currently targets older teenagers through to young adults for its mobile phone. But it seems that the mobile phone is lost within this market as the market share the xperiaplay holds compared to many other smart phones in this market is very small, Even thou Sony Ericson is a well known and well respected brand. The drop is caused due to the fact that Sony have been targeting the wrong market. Company Analysis The marketing decision makers for Sony Ericson are the Senior Brand Marketing Manager. Sony Ericson has not been consistent in promotional activities for its mobile phones. Mostly the brand focuses on trying to hold its premium image with marketing mostly focusing on its premium range of smart phones. This has reflected in its sales, it has made consecutive losses since 2010. The most likely reason for its lack of successful campaigns is the lack of resources dedicated to designing and implementing campaigns to attract the right target audience, which is why the company continues to make losses and lose market share. PESTL Analysis Political Proposed legislation such as the carbon tax which will raise prices of shipping. Many businesses have had to raise the cost of their products to make a profit. Also this tax affects outlet stores in terms of electricity charges, which will again raise the prices of mobile phones as business tend to pass on the cost to consumers rather than bearing it themselves. Economic While the global financial crisis has affected a plethora of industries, The Australian economy has remained relatively strong with per capita households spending an average of $40000 (CIA 2010). Despite this consumers have cut back on spending, specifically on items such as food, entertainment, clothing, cars and mobile phones. Ergo the economy is slowing down because consumers are not spending enough money; This affects the sales of mobile phones majority because consumers are not spending enough money on replacing or updating their mobile phones or on entertainment. Also another economic factor is the high Aussie dollar causes imports to be cheaper because countries such as china which manufacture the product have a low rate currency. This means that the companies are able to import more products for a lower price. Socio-cultural Recent consumer trends within the gaming product market are driving a new theme of product innovation. Today’s society tends to be busy and on-the-move and want to increase their leisure time at their own discretion. To meet the needs of consumers, companies are innovating gaming products making it more mobile. In addition the functionality of the multiplayer platform has created a whole new range of social aspects where consumers are able to interact with each other. Technology Technology can be utilized as an advantage within the industry as it provides the ability to design and create new products and expand or promote to specific target markets via interacting with consumers on an online basis. Technology has allowed the ability of online shopping as consumers are leaning towards this option as the most popular option of shopping. The internet has opened up a whole new market with the use of social media networks and websites companies can easily target a global target market. As the rate of technology is increasing consumers are able to communicate with each other on a social multiplayer platform where content may be purchased online and downloaded straight to their device. Legal Sony company has always been one of the main victims of the piracy in game industry. The characteristics of this phone are powerful game function, but it also made it easy to create pirating games. Compared with Sony’s genuine products, pirated products have a huge price advantage, the fact that they are mostly free, and this does attract a lot of people try to obtain these game products illegally, and that is the reason Sony has to use the Copyright law to protect their game products, so their game products can make a maximum profit Rating System for games is required, Users are able to download a lot of games to this phone through the network, according to the Rating System, which these games have to limit the players from downloading content not suited to their age. This is needed to protect kids from Violence and pornography. SWOT Analysis Strengths Remains as a one of the kind device that could become a big hit Not many phones competing in the same category Tactile buttons provide more immersive gaming experience Delivering console quality games Designed portable gaming in mind Include a game pad with input controls and interface recognizable to hardcore gamers. Multi touch gadget powered by Android Gingerbread is one of best versions of Android OS†¦ Weakness’s Release of two more phones from the Xperia line during the same time Not many people buy just for gaming purposes Touch screen gaming controls are not as responsive and precise Suffer key hardware limitations Lacks 4G LTE, HDMI port Touch sensitive circle are not as responsive and don’t replace the precision of actual joysticks Touch sensitive circles are just not as responsive as we would like, and do not replace actual joysticks. Android games don’t support the controller buttons No backups for downloaded games/ purchased games CPU AND GUP not the best Display has poor viewing angles No smart dialing and shutter key†¦ Opportunities A new open market Parent company Sony owns EA and many other gaming companies games can be adapted to be able to be played on the xperia Can earn a lot of revenue from game purchases and applications Better quality Games compared to other phones Exceptional online experience to grow a customer base Strong customer demand High percentage of young adult market High disposable income in rising market Threats Chain stores not wanting to stock a new niche mobile phone independent stores not wanting to store Sony Ericsson phones Retail stores wanting bigger discounts to sell phone because of popularity of competitors models Competitor products such as iphone, htc, Motorola Aussie dollar going back down Retail stores having preferred suppliers or contracted with particular suppliers and having a non compete Competitors copying the innovation of PSP phone and supplying at a cheaper price Fully fledged gaming devices such as DS Objectives Mission Statement Sony Ericson mission statement: â€Å"To provide quality end to end communications services to both retail and small to medium corporate customers† and â€Å"To give them the most help we ever can in the most professional way†. Market Objectives Maintain and increase sales in specific target market. Advance and open up new market for kids and teenagers. Increase the brand awareness among the target market; to measure this objective, the organization will conduct interviewer-led surveys in shopping centers or on the street every three months. Increase the brand share by 1% within two years, which will be confirmed by periodically checking the brand share chart for growth indication. Establish multi-channel retail practice, especially focusing on internet retail, to expand sales. Adapt and respond to the wide consumer needs of products. Sales objectives Increase sales by 15% in first year. Increase sales by 30% over three years. Increase market share to 20% of the total target market segment within three years. Communication objectives Set up feedback section for Xplay on website Increasing Feedback questionnaire response rates Competition There are 100’s of companies which make thousands of mobiles phones. Which break down further into smart phones and non smart phones. This makes the mobile phone market very competitive. The average price of mobile phones in Australia range between $300 and $800. Sony Ericson phones tend to price in the premium range with their mobile phones ranging from 700 – 900 AUD, Which limits the retail segment for Sony Ericson even further. The main competitor for Sony Ericson is the Iphone, as it has the largest share market of any phone. A selection of the primary target market competitors is found in table 1. A secondary group of target can be found in figure 1.They are secondary only because of they are not as used as the primary competitors and others do not compete in the mobile phone market but in the game market. These are still considered competitors due to the type of phones Sony Ericson make which has a heavy focus on gaming. Primary Secondary Iphone Alcatel Samsung Blackberry Nokia Amoi HTC Sonim LG Playstation Portable Motorola Nintendo DS Competitive Advantage Sony Ericson currently is the only brand that is making a mobile phone combined with a portable gaming device. Sony Ericson mobile phones are made by Sony which is a multinational company owning many companies in many areas. Including gaming, Sony owns EA, one of the leading gaming brands in the world. Sony Ericson is one of the most well known mobile phone brands in the world. Sony Ericson has innovative designs and materials, which is appealing to the target market. Customer Analysis Even though the product is a smart phone, price is a major factor for the Australian consumer. The primary consumer is primarily young in age, and they demand value for money at a competitive price. The product must also fulfil their everyday needs. The other factors that are important to the consumer are quality, comfort, function, style, design, speed, image, status, power, and functionality, variety of apps and games and durability. Target market Segmentation and Positioning Profile market segments Geographic segmentation People can purchase the Xperia play anywhere in the world. Entire Australia will be the target market for this product, but mainly focuses on the three biggest cities, Sydney, Melbourne and Brisbane. Demographic segmentation Xperica Play targets this product for Tweens age between 12 to 15. Generally young people do not have a high income they may have to persuade parents to purchase this product. Psychographic segmentation These days’ young people are experiencing a rapid lifestyle which leads them to save time including spending time to play games. The sales potential for this specific product is high as little kids enjoy playing video games and interact with their school friends. Targeting Tweens (12 – 15) The sales potential for this specific market is high as little kids enjoy playing video games and with this product they are able to interact with their school friends. Tweens will be able use the ability of pester power to allow their parents to purchase the Xperia Play for them. There for the price of the product may be moderate as they consumers parents have the income to pay for the expenses. There is also a large market share as tweens receive their first phone and they will be influenced by the video game functions. Young Adults (16 – 25) The sales potential is for this specific market is high as the age group has a moderate income and will be likely paying for their own expenses therefore they will be able to make their own decisions on what product to purchase. The cost structure can be moderate as they will have sufficient funds to pay for the Xperia Play. The Market share for this market is high as the consumers are able to purchase their own applications at their discretion. Other 26+ The sales potential for this specific market is fairly low as the age group has inadequate time to pursue the leisure activity of gaming. Although this market may have greater income the phone may not have the functionality that this market is looking for. The competitive situation is not that good as this market may be looking for a product that provides better communication functions opposed to video game functions. Select Target Segments Tweens of the ages of 12 – 15 tend to have a large amount of leisure time; the large majority enjoys new technology. The specific Target market locations will be in Australian located in the major cities. The use of Pester Power amongst tweens may persuade parents to purchase this product increasing total sales. Tweens tend to be more social, opposed to older generations because they have more free time available, Tweens have the opportunity to react with each other, and this can be an opportunity to allow the consumers to utilize the multiplayer functions leading to multiple purchases by peers increasing the total revenue. Xperia play will attract the target market with the phones functionalities, lower price range as the target may have lower income, social benefits and essentially the video games. After careful analysis and evaluation, the target market segment chosen will offer the greatest potential for the product and consumers. It provides maximum sales potential increasing the sales revenue and total market share, and will have a competitive advantage within the young audience. Positioning The Sony Xperia play will undertake a market positioning strategy where the target market will perceive a valuable offering in relation to competitors. The experience that the Xperia can provide is of a fun nature opposed to a professional business nature as a fundamental aspect is the slide out gaming functionality. The phone has a very innovative design and functions; the price of the phone will be of a moderate price as the target market chosen tend to go for the cheaper options. Although the price of the mobile phone may not be expensive, a high quality must be met as customer generated media can play a vital role in the decision making process of consumers. The service that will be provided is comprehensive; it has a specific market where owners of an Xperia Play are able to purchase and download various games and applications which will be of high convenience in regards to the user’s discretion. Following these set of attributes will help position the Xperia play to the assigned target market and provide a competitive advantage in relation to other products. The target market segments will perceive this product as the dominant offering. Product Xperia Play is a gaming mobile phone with incredible function which is targeted at young adults (age 12 to 15) and gamers. The phone has a very innovative design and functions; the price of the phone will be of a moderate price as the target market chosen tend to go for the cheaper options. Brand name highly impact on the target market due to the variety of good quality related with technology. Sony’s slogan is meant to make people smile, so it tried to design mobiles like Xperia Play to deliver the Sony’s purpose. Sony encourages their customers to buy this mobile phone by giving guarantee for their high quality products. Place Mobile phones will be sold through online retail stores, big Australian retail stores such as JB HIFI, etc, as well as smaller retail stores, Telco’s such as Telstra, Optus etc online store as well as retail stores, Stores specializing in mobile phones such as crazy johns, all phones etc, Sony Ericson’s own retail stores and its online website, department stores and Technology stores. The opportunity exists to expand the distribution network in all areas listed. However the main outlets to target are Telco’s as this is the first stop where consumers go to buy mobile phones, the second would be bigger retail stores such as JB HIFI as they have a larger customer base and the ability to attract more customers, the third main outlet to target would be specialized mobile phone stores such as crazy johns and all phones as they constantly are advertising and attracting new customers as their main focus is mobile devices, these outlets must be targeted throughout Australia. A selection distribution policy will be undertaken for the Sony Ericson mobile phone range, the main focus will be on customers mainly tweens who have not owned a smart phone before and are upgrading to one, but the priority will remain with tweens who enjoy gaming. Price The Sony Xperia play phone ensures that a high standard of quality is present whilst having an appropriate selling price that is both beneficial for the company and contains a positive perceived value towards the customers. The mobile phone will be introduced through mobile phone service companies and their plans with additional costs, such as Telstra, Vodafone, Optus etc, and will provide a range of packages and discounts to create a satisfying option for the consumers. As consumers are aware of various other phones and deals that are arising within the market a mid-to-low price range that is competitive in relation to other phones will be evident, as it also relates to the target market of tweens. In addition various pricing policies will be needed according to different functionality of the device such as memory which can relate to a variety of customer’s needs. The price that is chosen will allow the company to maximize their benefits as well as customer satisfaction, the price may be reduced to allow for a competitive advantage and the revenue will be received through the use of the phones applications and video games designed specifically for the phone that may be purchased on the online market. Promotion The phone appears on Sony Ericsson’s official website as well as some mobile phone retailers’ Web sites, so re-set up a special introduction is necessary, set up some special entertainment features on the official website of the Xperia play, such as virtual phone system experience, the online game demos, in order to improve user interaction. Television Xperia play will spend $100,000 on television advertisements during peak times where tweens would be watching TV, this is justified as tweens spend on average about 35% of their time watching television, The time that is most suitable is before and after school, on such television channels featuring cartoons and such television shows such as The Shak, Total Girl, Toasted TV etc. The advertisement will be relative to the target market as they are presented during the specific time. Printed Media Xperia play will be promoted through magazines considering that tweens are the second largest market for magazines having a market share of 50%. Magazines such as K-zone, total girl, KIDS, M.A.D. will be sold with vouchers for the Play station network. When purchasing these particular style of magazines usually they customer will receive promotional items, therefore there will be available game demos within the magazine. Public Transport Various imagery of posters will be placed on public transport on specific bus routes located around the streets of primary schools. This will allow maximum awareness throughout the target market of tweens as they will be exposed to the media on buses trains and bus stops. Official website and Forums Gaming forums are popular amongst tweens due to the fact that they can provide information regarding the video games such as hints, cheats and walkthrough guides. The Xperia Play will be implemented throughout these particular websites containing imagery and videos related to the xperia play and contain various reviews. Consumers will be able to gain information about the xperia play and its applications, registered accounts will also receive weekly emails offering a range of discounts and download vouchers Evaluation and Control – Campaign evaluation is a critical component of the plan as is the justification for the overall effectiveness of the campaign in the core areas. There are a range of factors that can determine the effectiveness of a marketing plan as shown in figure 3, such as: ï‚ · Brand awareness – this will be achieved through surveys of the awareness of mobile phone brands on consumers ï‚ · Consumer attitudes – this can be achieved through surveys done on the general public in regards to Sony Ericson and if they’re brand is a good or bad brand. ï‚ · Test promotion activities – this can be achieved through evaluating if sales are on an upward trend as well as brand awareness since the launch of the plan ï‚ · Review marketing mix – this can be achieved through evaluating sales and profit to see if they have gone up, it means the marketing mix is effective ï‚ · Sales review – this can be achieved through evaluating sales to see if they have gone up, it means the marketing mix is effective ï‚ · Profit review – this can be achieved through evaluating profit to see if they have gone up, it means the marketing mix is effective ï‚ · Review company objectives reviews – this can be achieved through evaluating the entire marketing plan to see if it has been effective in achieving the original objective if not it has to be altered. ï‚ · Market share – this will be achieved through surveys on websites such as Facebook etc. of what brand of mobile phone individuals own. Figure 3 The marketing team will approach various kids’ magazines and the Sunday mail. Websites The Management team will contact various gaming websites in order to promote the product throughout their sites The website development team will edit the website to allow consumers to gain relative information. Public Transport The Marketing team will contact Translink in order to allow the approval of promotional items suitable posters will be placed at public transport areas Television advertisement The Marketing team will gather various information on the most appropriate times to view advertisements for the specific product, it will allow maximum brand awareness to the target market Bundle Pack The Management team will contact various mobile phone service companies and give acknowledgement of specific offers In store Testing The Management team will ship out testing devices to mobile phone service companies so that consumers are able to experience the device Evaluate campaign The main managers and CEO will go through intense analysis of the situation to evaluation every aspect of the marketing plan in order to provide additional help where needed to ensure that the objectives are met by the deadline. Conclusion/ Recommendation This report set outs the marketing plan for the Sony Xperia play mobile phone in Australia. As outlined in the report, the target market consists of the target market of tweens that are aged from 12 to 15. The sales objective was to increase sales by 15% within the first year and 30% within three years and increases the market share by 20% over three years. The main marketing objectives are to main and increase sales within the specific target market of tweens and increase the total brand awareness. Essentially the Xperia play will be reposition to adapt and respond to a wide consumer need of products. Promotion activities will include magazine, newspaper, websites, Public Transport areas, Television advertisements and mobile phone bundle packs References ^ The Definition of Marketing. American Marketing Association.http://www.marketingpower.com/AboutAMA/Pages/DefinitionofMarketing.aspx. Retrieved 2011-04-04. Approved by the AMA Board of Directors in October 2007, the Marketing Accountability Standards Board (MASB) endorses this definition as part of its ongoing Common Language: Marketing Activities and Metrics Project. Principles of marketing (5th ed.). Kotler, Philip; Gary Armstrong, Veronica Wong, John Saunders (2010). â€Å"Marketing defined†. .). p. 7. Retrieved 2009-10-23. â€Å"Definition of marketing†. Chartered Institute of Marketing. Retrieved 2009-10-30. International Marketing: Modern and Classic Papers (1st ed.). Paliwoda, Stanley J.; John K. Ryans. â€Å"Back to first principles†. p. 25. Retrieved 2009-10-15. A Framework for Marketing Management (4th ed.). Pearson Prentice Hall. 2009.ISBN 0-13-602660-5. View as multi-pages

A Socialists Rant against Capitalism That Likely Cost Him His Life Essay

A Socialists Rant against Capitalism That Likely Cost Him His Life - Essay Example Instead of consistently pleading his innocence in the Haymarket bombing in Chicago, Engel converted his argument into a battle between socialism and capitalism. In order to tear down the United States’ form of government and economy – democracy and capitalism – Engel blamed the hardship and oppression of every workingman on the capitalist machine. Engel used his plea to the State’s Attorney to promote his own ideals, rather than focusing on his alibi to disprove the perpetrators’ false accusations against him. Engel took the stage as the champion of the poor, pleading that prosperous capitalists were the root of their demise who must be crushed by the united â€Å"workingman.† Engel, like socialists Karl Marx and Joseph Stalin, made everything black and white in his appeal for support, portraying the â€Å"freedom fighting† proletariat as good and altruistic, while characterizing the opposition – in this case, the â€Å"tyranny of capitalism† − as wicked, oppressive, conspiring, and slave-inducing. Engel used his address as a vehicle to attack capitalism and promote socialism – more than his own innocence – an ineffective transitory argument that more than likely cost him his life. Not until more than halfway into his address does Engel press his plea to denounce the murder charge against him for conspiracy in the bombing, of which he claimed to have no part. He and his fellow anarchists faced the gallows or years of servitude for their involvement in the massacre (Engel). But, for ideological reasons, Engel made what should have been his primary argument his secondary contention ? that the charges against him were baseless and ill-conceived. This assertion of innocence goes down in history as having merit, but instead of directly attacking those specifically responsible for framing him, Engel contended that â€Å"capitalist rule† was at fault behind all that had gone awry. If Engel would have contained his attack to the particular capitalists involved in the plot, he could have likely met a different fate. In a republic that quickly rose to world prominence by 1886 as a result of its democratic and capitalistic form of government, Engel’s case against it was not only unpopular at the time; it was extremely hard to prove. To denounce the perpetrators of the scheme against him and his fellow socialists, Engel made sweeping generalizations against capitalism, calling it a tyrannical, repressive, and wicked system used to make the rich richer and the poor poorer. Effectively side-stepping the fact that numerous immigrants came from Europe with nothing to become successful entrepreneurs in America, Engel depicted capitalism and democracy as little more than a vehicle and guise for slave labor. Unable to provide success stories of socialism in other nations, Engels unconvincingly promoted the questionable economic and political system as the only utopian ideal worth fighting for. Today, in retrospect, one only needs to revisit the numerous socialist regimes that turned into communist dictatorships ? such as the one started by the Russian Revolution of 1917 ? to understand the true dangers of socialism. With more than 20 million murdered under Stalin’s socialist ideals, Engel’s call to violently depose the capitalists is taken with an even greater grain of salt today – especially with George Orwell’s widely read and colorful depiction in Animal Farm that divulges the corruption of socialism/communism and its

Unfair Dismissal Report Essay Example | Topics and Well Written Essays - 2500 words

Unfair Dismissal Report - Essay Example 9. Employed in Victoria or in a Territory. In determining if this has been the case, the Commission must have regard to a number of factors including: 1. whether there was a valid reason for the termination and whether the employee was notified of that reason; 2. whether the employee was given an opportunity to respond; 3. if the termination related to unsatisfactory performance by the employee and whether the employee had previously been warned about that unsatisfactory performance; 4. the degree to which the size of the employer's business, or the absence of dedicated human resource management specialists, may have had an impact on termination procedures. The AIRC hears cases which are still unresolved after going through the conciliation process. Its role is to decide, after hearing from both sides, whether the dismissal was harsh, unjust or unreasonable. It also exercises a range of powers under the Act in relation to ensuring the establishment and maintenance of fair minimum wages and conditions of employment, preventing and settling industrial disputes, facilitating agreement making between employers and employees, conciliating and arbitrating claims in relation to the termination of employees and dealing with matters concerning industrial organizations. The AIRC seeks to help employers and employees to reach a settlement in a way that minimizes legal costs and discourages vexatious and unreasonable claims. If matters are not settled, the AIRC will make a decision that is binding on both the employer and employee. Under the Act, the AIRC is responsible for conciliation in both unfair dismissal and unlawful termination cases. Only unfair dismissal cases, however, can be arbitrated in the AIRC. Procedural fairness has two meanings in... Unfair Dismissal Report The Australian Industrial Relations Commission (AIRC) had to decide on a balance of probabilities whether the applicant had proven her allegations regarding unlawful discrimination and harassment taking into account all the evidence available to it. The AIRC seeks to help employers and employees to reach a settlement in a way that minimizes legal costs and discourages vexatious and unreasonable claims. If matters are not settled, the AIRC will make a decision that is binding on both the employer and employee. Procedural fairness has two meanings in this context. Firstly, one of the characteristics of a Tribunal is informality - which generally means excluding the rules of evidence, whilst retaining due process, natural justice or procedural fairness. The AIRC are required to do what is fair in the circumstances of each case. The onus is on yielding a fair result and if that requires greater formality then the AIRC will do so in order to establish any disputed facts. For example in the case study, the Tribunal arranged for the parties to agree the matters which were not in dispute prior to the hearing of the matter. Tribunal members hearing cases are also ready to help applicants to understand the issues in their cases and the procedures in the Tribunal where they can. In particular, Mrs Huang was given the opportunity to change her interpreter. The Tribunal also reminded the interpreter that he could ask to stop the proceedings if they were going too quickly for him to ensure an accurate translation of what was said. The Tribunal was of the view that it was imperative that Mrs Huang understood the proceedings as if it were her first language.

The Anglo-Saxon Invasion Essay Example | Topics and Well Written Essays - 1250 words

The Anglo-Saxon Invasion - Essay Example Therefore, when the army left the place, then the Roman-British people did not have anything except to use their own methods and weapons to protect themselves; later on they started relying on Saxon for their protection. The years after the down fall of the Roman government in Britain in the early years of the fifth century and the arrival of St Augustine at the end of the sixth were the period of momentous revolutionize. During that era, the material character of the nation and their language and institutions were completely altered. The Celtic British was replaced by the Germanic people and were able to become the majority of the lowland Britain. Celtic or Latin dialects and the more centrally governed Roman provinces were replaced by Germanic dialects and loose knit & feuding hereditary kingships respectively. This transition was not recorded properly as Germanic immigrants were neither literate nor religious. The Jutland is now called Denmark. Initially the people of the Jutland were farmers. The land of the Jutland was not feasible for farming purposes or fertile; therefore, they decided to find a new land where they could cultivate their grains. When they were searching for a new land, they reached a place called Anglo-Saxon England; they saw that this place is not only good for food purposes but also for other sources of income. They started raiding on this place by using the famous longboats. Therefore, we can say that the Vikings not only raid for food but for other valuables such as gold and expensive manuscripts. After the several years of their rule, the Vikings era came to an end when Earl Godwin pressured the Witan to select a new King from the old Anglo-Saxon Dynasty called Edward. This decision put the Vikings rule to the end but had opened the door for the final early medieval invasion of England. Norman Conquest The Norman Conquest took place right after the Viking invasions. William who wanted to be the King of the region attacked no the Harold's army and became the King of England on 25th December, 1066. Religious History Although the arrival of the Gregorian mission clearly marked a very important stage in the religious history of the Anglo-Saxons and in the production of written records, it is not an ideal point at which to begin an investigation into the history of the Anglo-Saxon kingdoms. For it is evident that the majority of Anglo-Saxon kingdoms were already in existence by 597 and that the complex political pattern of interrelationships and amalgamations which Bede reveals in his Ecclesiastical

Individual Work on Study Techniques - learning styles Assignment

Individual Work on Study Techniques - learning styles - Assignment Example I am aware that each learner has a different learning style that depends on his or her earlier years of socialisation. I am a Chinese family whereby close social relationships are valued, respect for senior is critical, and thus my preferred learning style is listening. The course has introduced me to critical thinking skills and problem-solving skills that are associated with subjects such as mathematics and thus I will be capable of handling difficult situations in my workplace (Reid 2005, p 71). The crucial aspects of my personal life are the ability to remain calm and concentrate on my studies in order to meet my learning goals (Haggar 2011, p 19). I am self-driven and capable of setting realistic and attainable goals that will enable me attain personal fulfillment and gain more opportunities in my career life. The academic studies have enabled me gain self-awareness and evaluate my strengths and weaknesses during learning in order to select the best learning styles that will enable me meet my goals (Allen, Scheve and Nieter 2010 p 123). I have active listening skills and excellent communication skills that enable me absorb critical information during lecturers and interact with peers during group discussions. I am capable of managing my time wisely and allocate enough time towards my study and personal activities. I can prioritise my tasks and prepare work schedules thus ensuring timely accomplishment of all assignments (Dunn and Griggs 1995, p 63). My ability to build rapport and good interpersonal skills have enabled me attain cooperative learning skills that are essential in team learning activities. In this case, I am able to participate effectively in problem-solving sessions with my peers and solve complex case problems that require use of critical analysis and different perspectives (Streeter 2005, p 106). I am inspired my future dreams of becoming of transforming my society and

The Morality of the Criminal Process and its Effects on a Victim Essay

The Morality of the Criminal Process and its Effects on a Victim - Essay Example As the essay stresses punishment is a worldwide phenomenon that cuts across even the smallest units of society, families. No society can live smoothly without imposing punishment on offenders who go against the laws and customs governing them. This could propose an escalation of crime but on the other hand punishment has only been measured by people’s opinion, which often act as scapegoats to the nature of crimes that felons commit. Punishment still remains a stumbling block that attracts constant debate. The word crime has been overrated with the fact that law identifies it at one angle rather than at different standpoints. By clarifying this, crime is a universal term used in law to denote a felony regardless of its stature, unless it is deeply scrutinized. From the paper it is clear that originating from a single parent family, she is pressed to go the extra mile of getting money, which prompted her to shoplift because she did not have money to buy her mother a gift for Chr istmas. Analyzing her argument shows remorse and regret for her actions but on the other hand it depicts her desperation to meet her and her family’s needs. This shows how she is caught up in the midst of life problems that if the judge justifies her point, should give an appropriate punishment. The arguments displayed by the politician does not at all have a drop of pity to the poor girl and her family by saying that the lack of employment does not escalate crime and in this case not an excuse for Shirley to shoplift.

Socially Responsible Investing Research Paper Example | Topics and Well Written Essays - 1750 words

Socially Responsible Investing - Research Paper Example Empirical research that has been conducted by different people has shown that in selecting a portfolio, potential investors not only consider statistical measures like risk and return but also psychological factors such as sentiment, overconfidence, and overreaction. In short, it is a general observation that heuristic-driven bias, frame dependence, and market inefficiency plays a crucial role in shaping the kind of portfolios that investors make the preference to, the type of securities they find attractive, as well as the biases to which they are considered subject to. For a long period, the process of socially responsible investing has been the subject of significant attention in practitioner and academic literature. The process has so far attracted research process that has been geared towards examining and discussing the financial advantages associated with the process, its effects on social change, pertinent issues and challenges associated with SRI logistics as well as the motives and inspiration that drive investors. While it may be easy to know and comprehend some of the demographic makeup, associated with socially responsible investors, what distinguishes them from non-socially responsible investors as well as what their motives and inspirations are. Our understanding of the decision process behind SRI is still limited; this is influenced by the fact that only a few studies have tested hypotheses about investor behavior in the context of socially responsible investing.

Fundamentals of Strategic Planning in Complex Organizations Essay - 1

Fundamentals of Strategic Planning in Complex Organizations - Essay Example One of the strategic trends observed in the health care environment is the persistent bid to make healthcare services more affordable, and subsequently enhance universal coverage. This trend is consistent with the social, economic, and political goal of improving the social welfare of the disadvantaged population. Another strategic trend relates to increased number of public and private health care operators. The motive is to implement strategic plans that make it possible for health care organizations to take their services closer to the people. Over and above this, regulation of health care organizations, health care financiers, and all other relevant parties involved by the government constitute a critical strategic trend in health care markets (Harrison, 2010). This move is valid in the sense that the end-user or the consumer remains protected from exploitation as the health care environment grows and expands. While health care organizations have been quick to identify emerging opportunities in the health sector, most of them do not utilize their full potential. In other words, operational inefficiency has not been fully accounted for. Health care organizations need to focus on short term and long term strategic plans as they evaluate their performance from time to time. This would help them align their operations in such a way that allows for change, without necessarily increasing operational

Predict human behaviour Essay Example for Free

Predict human behaviour Essay Dissonance theory accepts that we have these inconsistencies and basically says as humans we strive to smooth out any inconsistencies. This theory is best explained with an example; Jenny works everyday but today her sister is going shopping and has asked Jenny if she would like to come. Jenny should go to work and does. Jennys knowledge that she is missing out on the shopping trip is known as a dissonant cognition, whereas the knowledge that she has come to work and is earning some money is a consonant cognition. Her dissonance will increase even more if the trip is to an out-of-town shopping complex as opposed to the small local centre. Individuals do not want to have dissonant cognition therefore try to reduce it. Jenny can do this in a number of ways; firstly, she can keep telling herself about the extra money she is earning and perhaps convince herself that she had a pleasurable day at work. She could also reduce the dissonant cognition by telling herself she would have only spent money on things she cannot afford and doesnt really need. Consonant cognitions justify a persons chosen action and the greater the benefit of something, the greater the justification and the lower the state of dissonance. If however the benefit of the consonant cognition is only small then the dissonance will increase. Festinger and Carlsmith (1959) tested this theory by getting subjects to perform really dull tasks for an hour then asked them to tell the next subjects that the tasks were rather interesting. Subjects were offered either $20 or $1 for lying. Festinger and Carlsmith were interested in how the subjects felt after telling the lie. According to dissonance theory their feelings should depend on the amount of money they were paid. Subjects receiving $20 should feel little dissonance because the larger amount of money justifies lying. The subjects who received $1 should feel greater dissonance because the money didnt justify lying and these subjects would try and convince themselves the task was in fact quite enjoyable, in order to reduce dissonance. Festinger and Carlsmith found subjects in the $1 condition reported a more favourable attitude towards the task, which is consistent with the original predictions. Bem (1967) suggested that a persons behaviour is what shapes their attitude, for example (to quote Bem) since I eat brown bread then I must like brown bread. This logic could be linked with Festinger and Carlsmiths study because if the second lot of subjects were told the tasks were interesting then they would take this opinion on board and actually find the tasks interesting. Assimilation-Contrast Theory (Sherif and Hovland, 1961), this suggests we people favour their own attitudes and if a person comes across another person with an attitude relatively close to their own then they perceive it to resemble their own attitude more than it actually does (this is the assimilation part of the theory) and they will evaluate it in a more positive way by seeing it as fair. Basically this suggests people are biased when it comes to their attitudes because people will accept anything that resembles a similar attitude to their own. Attitudes which had less in common with their attitudes would be rejected and seen as unfair (this is the contrast part of the theory). This is mainly because assimilating attitudes is much easier than trying to accommodate new attitudes. The theory of reasoned behaviour (Fishbein and Ajzen, 1975) suggests that subjective norms (which are beliefs about what is appropriate behaviour in a situation) and attitude towards the behaviour (based on expectancies and values) suggest a behavioural intention which then predicts behaviour. The definition of attitude and intention in this context is very similar and doesnt define in strong enough terms exactly what the intentions derived are. All this evidence shows varying approaches towards the attitude-behaviour link, some in support of attitude predicting behaviour and some against it. To say that attitude has three main parts which are highly correlated draws up too many contradictions to conclude it as the best theory, the single model provides more scope to address these contradictions but dissonance theory which suggest we will have inconsistencies and will just strive to balance them is a much more realistic proposal of how attitude links with and predicts behaviour. The evidence shows that there is a link between attitude and how it can predict behaviour but it is not to the extent that you can say it predicts a persons behaviour every time in all situations. References * McDougall, W. (1960) an introduction to social psychology 23rd ed. London New York. Methuen, Barnes Noble. * Mills, J. (1969) experimental social psychology. New York London. MacMillan, Collier-Macmillan * Ajzen, I. (1980) http://socialpsychology.org/ Does understanding a persons attitude help us to predict their behaviour?

Nokias Marketing Strategy

Nokias Marketing Strategy Marketing is typically seen as the task of creating, promoting, and delivering goods and services to consumers and businesses (Kortler, 2005). Marketing is about stimulating demand for a companys products. Is this sense, marketing can be defined as the art of selling products. However in the modern economies, marketing is more than selling. According to Peter Drucker, a leading management theorist, the aim of marketing is to know and understand the customer so well that the product or the service fits him and sells itself. In this respect, the focus of marketing shifts from convincing people to buy a companys products to discovering the needs of the people and designing products that satisfy these needs. Thus marketing activities should result in customer who is ready to buy. At this point all that is needed is to make the right product available to consumers. A company that is going to be successful in the market place will be that company that will correctly discover the needs of c onsumers and produce products that satisfy them. This is what is called right product based on careful marketing research. Based on the above, marketing is well explained by the definition provided by the American Marketing Association. Thus marketing is defined as the process of planning and executing conception, pricing, promotion, and distribution of ideas, goods and services to create exchanges that satisfy individual and organizational goals. Marketing deals with identifying and meeting human and social needs. Indeed marketing can be defined as simply meeting needs profitably. Marketing is an organizational function and a set of processes for creating, communicating, and delivering value to customers and for managing customer relationships in ways that benefit the organization and its stakeholders. It is the art and science of choosing target markets and getting, keeping Marketing management is the art and science of choosing target markets and getting, keeping, and growing customers through creating, delivering, and communicating superior customer value. It is the conscious effort to achieve desired exchange outcomes with target markets. MARKETING STRATEGY A companys marketing strategy will be influenced by the chosen target market and the marketing philosophy being practiced by the management. Target Markets A single company or product can rarely satisfy everyone in a market. People have different tastes and preferences. People differ in terms of age, gender, beliefs, income, religion, and location. All these factors have a bearing on the products that appeal to them. Therefore, marketers must start by dividing or segmenting the market. A company must identify and profile distinct groups of buyers who might prefer or require varying product and services mixes. A companys marketing strategy should target that segment that promises the greatest opportunity. The developed market offering is then positioned in the minds of the target buyers as delivering some central benefits. Marketing Orientations or philosophies A marketing philosophy is an orientation or principle that guides a companys marketing activities or efforts. It defines the relative weights that are given to the interests of the organization, the customers, and the society. It is imperative that marketing activities be carried out under well thought out philosophy of efficiency, effectiveness, and social responsibility (Kortler, 2005). Organizations can conduct their marketing activities under different marketing philosophies. They include: the production concept, the product concept, the selling concept, the marketing concept, and holistic marketing concept. Production concept This concept holds that consumers will prefer products that are widely available and inexpensive. Such a business will concentrate on achieving high production efficiency, low costs, and mass distribution. The assumption is that consumers are primarily interested in product availability and low prices. This orientation is more often applied in developing countries, where it is assumed, consumers are more interested in obtaining the product than its features. However with the rapid globalization and more informed consumers, this philosophy is rapidly loosing its meaning. Product concept Product concept holds that consumers will favor those products that offer the most quality, performance, or innovative features. Managers in these organizations focus on making superior products and improving them over time. The assumption is that buyers admire well made products and can evaluate quality and performance. Companies that are product oriented believe that their engineers exceptional products that will meet customer expectations. Normally no customer input is sought and competition is not a consideration. This is a make and sell philosophy that does not focus on the customer. Selling concept The selling concept holds that consumers and businesses, if left alone, will not buy enough of the organizations products. Aggressive selling and promotion effort is needed to make sales. According to this concept, consumers typically show buying inertia or resistance and therefore must be coaxed into buying. Money is spent on television and radio advertising, posters, mailings. The selling concept is ideal for unsought goods, goods that buyers normally do not think of buying. Companies that are experiencing overcapacity also engage in aggressive marketing techniques. Their aim is to sell what they make rather than make what the market wants. Marketing concept This is a customer centered philosophy. Instead of hunting for customers, marketing is seen as gardening. The task is not to find the right customers for the company products but the right products for the target customers. According to this concept, the key to achieving organizational goals consists of the company being more effective than competitors in creating, delivering, and communicating superior customer value to its chosen target markets. The marketing philosophy is preoccupied with the idea of satisfying the needs of the customer by means of the product and the whole cluster of things associated with creating, delivering and finally consuming it. The customer is the king. The marketing concept rests on four pillars: target market, customer needs, integrated marketing, and profitability. Companies do best when they choose their target markets carefully and prepare tailored marketing programs. Nokia has segmented its market in six regions; Africa, Asia Pacific, Europe, Latin America, Middle East, and North America. Each region has unique needs addressed by the company in terms of product quality, features, pricing, and durability. Customer concept This involves shaping separate offers, services, and messages to individual customers. The company is forced to collect information on each customers past transactions, demographics, psychographics, and media and distribution preferences. They hope to achieve profitable growth through capturing a larger share of each customers expenditures by building a higher customer loyalty and focusing on customer lifetime value. Societal marketing concept This concept holds that the organizations task is to determine the needs, wants, and interests of target markets and to deliver the desired satisfaction more effectively and efficiently than competitors in a way that preserves or enhances the consumers and the societys well being. It requires marketers to build social and ethical considerations into their marketing practices. In the modern world that is faced with environmental deterioration, water pollution, resource shortages, hunger, poverty, explosive population, and mushrooming slums, marketing practices should consider the long term benefit of the society or public. COMPANY PROFILE Nokia is the world leader in mobility, driving the transformation and growth of the converging internet and communications industries. The company has operations in Africa, Asia Pacific, Europe, Latin America, Middle East, and North America. In brief the company has a world wide presence. Nokia began as a paper mill company dealing in paper, rubber, and cables in 1865 in South Western, Finland. The company changed to Nokia Corporation in 1968 and positioned itself for a pioneering role in the early evolution of mobile communications. The period 1992 to 2000 experienced a boom in mobile phone use. Nokia made this sector as its core business. By the turn of the century, Nokia had become the world leader in mobile phones. Vision Nokia is a consumer led company. There is a progressive and continuous increase in consumer involvement with technology and communications globally. People are broadening their modes of communication to include the web and, social networks are becoming central to how people communicate. People want to be truly connected, independent of time and place, in a way that is very personal to them. And Nokias promise is to connect people in new and better ways. Strategy Nokias strategy is to build trusted consumer relationships by offering compelling and valued consumer solutions that combine beautiful devices with context enriched services. Corporate Business Development The Nokia Corporate Business Development has the responsibility to manage Nokias Strategic growth areas. Their aim is to look for breakthrough ideas that are industry shakers. These are innovative business concepts and technologies that integrate with and expand beyond Nokia core business. Nokia aims to connect people with new services that are meaningful to them and offer greater benefits by enabling more transactions on the device. New services stem from the local needs of consumers and local expertise. Marketing strategy in place The company heavily depends on advertising and promotion activities to popularize its products. In addition, the company through its research unit is continuously involved in searching for product features that meet the evolving needs of diverse customers. There are different types of Nokia phones in the market ranging from a cheaper to expensive models. The aim is to satisfy the needs of diverse markets. Advertising Program Advertising is any paid form of non personal presentation and promotion of ideas, goods, or services by an identified sponsor. It is important to start by identifying the target market and buyer motives. An advertising program has five components: mission, money, message, media, and measurement. Advertising objectives must flow from prior decisions on target market, market positioning, and marketing mix. Advertising objectives may be to inform, persuade, remind, or reinforce. OVERAL BUSINESS STRATEGY A strategy is the direction and scope of an organization over a long term, which achieves advantage for the organization through its configuration of resources within a changing environment to the needs of markets and fulfill stakeholder expectations. This is the highest strategy level. It is concerned with overall purpose and scope of the firm (Jelassi and Enders, 2009). Corporate strategy addresses issues such as allocation of resources, acquisition, and products to produce. Marketing strategies of the firm are meant to contribute to the realization of the corporate objectives. Incorporating the global environment into marketing planning Business and competition is increasingly taking a global perspective. Goods manufactured in foreign countries are easily finding markets in distant countries thanks to the improved means of communication and transport. Use of e-business in marketing management Marketing activities can now be conducted online. Customers are able to determine the type of merchadize they require on the internet. Communication between suppliers and customers can be done via the internet. CONCLUSION Nokia has adopted the Marketing philosophy or orientation in its marketing activities. The company has also produced a variety of cell phones to meet the diverse market needs. The company has a strong research department that is charged with the responsibility of determining the consumer needs and finding innovative products to meet those needs.

The Language of MIT :: Numbers School Education Communication Essays

The Language of MIT "I have 18.02 due at 4:00 P. M. on 11/14/00 in 16-135. Then I have to go to 8.01 in 26-100 at 5:00 P. M. and get at least a 65 on Exam 3. Do you remember the Athena cluster combination? Oh, yeah, it's 43169*." To an average person, this jargon sounds like a computer code or a series of misunderstandings. However, every MIT student has probably said and heard something like this to describe his or her schedule in a small part of the day. Numbers are the language at MIT, and they specify all sorts of places, classes, work, time, and even the students themselves. This powerful yet simple system of communication has completely engulfed this school and made organization much easier because of the clarity of numbers and the obscurity of language. Even before I considered applying to MIT, I thought of this school as a center of mathematics and science. Of course the name suggests this fact, but not until I visited the campus during the summer before my senior year of high school did I realize the truth of that statement. My visit began with directions to "Lobby 7" where I would meet with a tour guide. Coming from a high school where all the buildings were named and clearly labeled outside, I expected a giant number seven on the front edifice of a building to designate it from the others, but I had no such luck. Instead, I scanned the map of the campus several times before finding Building 7 on Massachusetts Avenue. I did not find this designation for the building anywhere outside until I went in and saw one of the doors inside surrounding the massive lobby. When my tour began, the guide led us through a myriad of identical halls and corridors until we finally went outside. She began to describe the numbering system across campus and explained that many of the buildings we walked through were distinguished on the outside only by numbers on the doors, which I had not understood quite yet. Then she listed some of the required freshman courses including multiple semesters of Calculus and the three main natural sciences. Following the tour was an information session for prospective students and their parents to ask questions about the admissions process.

A Worn Path :: essays research papers

The Journey of Life As I began to read this short story about a painful and tedious trek an aged grandmother endures she has made for the last three or four years to the city with one intention in mind, to get a medicine for her chronically ill grandson. On a cold December day she repeats the same journey again. As we read, it appears to be about a long journey the woman has made throughout the entire story, but by carefully examining the theme, it tells us that there is a greater message than just a long trek. In the story â€Å"A Worn Path† by Eudora Welty, an old woman whose human spirit is full of dedication, dignity and high morale overcomes tremendous obstacles of life in the name of love. Phoenix Jackson is the protagonist of the story who is an African- American woman, old and probably disabled. As one person says in the story â€Å"You must be hundreds years†(Welty, p365) addressing Phoenix. All of these characteristics are the evidence that the journey is not going to be easy, but her faith in God and strong relation with nature accommodate her on the way. She understands nature by designating it as a â€Å"guardian† when her dress gets caught in the bush. â€Å"Thorns doing your appointed work. Never want to let folks pass†(Welty, p364), says Phoenix while taking her dress carefully out of the bush. When she has difficult times such as fatigue and the fall in the bush, she addresses to God by reaching her hand to Him, but nothing reached down to her. It is not her time to leave the Earth yet, so God sends her a hunter, instead, for help. With her belief in God, her goal to finish her journey and her love for her grandson, she conquers all obst acles on the way. The most difficult obstacle on her way is a young white man who actually helps her stand up when she falls, but he still poses as a great danger to her because of his prejudiced beliefs against black people. Eudora Welty creates two protagonists of opposite race for the purpose of showing racial discrimination in society. By meeting Phoenix and the hunter can get into societal conflict if Phoenix becomes aggressive against his attitude. Yet, she avoids any verbal and physical confrontations and still manages to get even in the game.

El Chapo Biography Essay

El Chapo was born in the small Sinaloa town of La Tuna and is the oldest of seven children. Guzmà ¡n grew up surrounded by marijuana and poppy crops — plants that were cultivated by his father, Emilio Guzmà ¡n Bustillo. The elder Guzmà ¡n was a violent man who beat his children. El Chapo likely earned the ire of his father by trying to stop him from hitting his siblings. Whereas his father was a source of punishment, his mother Consuelo Loera served as his fountain of emotional support. She still lives in La Tuna and is said to be the only person in the world who can change her son’s mind on anything. Guzmà ¡n entered the narcotics industry at the age of 15 when, along with his cousins, he planted his own marijuana. It was during his adolescence that he was given the nickname of â€Å"El Chapo,† a reference to his miniscule stature he was a farmer growing beans and corn  when he escaped prison in 2001 he is to said to walked out in a wig a skirt and high heels As a child, Guzmà ¡n sold oranges, and dropped out of school in six grade to work with his father early life Joaquà ­n Archivaldo Guzmà ¡n Loera was born into a poor family in the rural community of La Tuna, Badiraguato, Sinaloa, Mexico.[21][22]Sources disagree on the date of his birth, with some stating he was born on 25 December 1954,[23] while others report he was born on 4 April 1957.[24] His parents were Emilio Guzmà ¡n Bustillos and Marà ­a Consuelo Loera Pà ©rez.[25] His paternal grandparents were Juan Guzmà ¡n and Otilia Bustillos, and his maternal grandparents were Ovidio Loera Cobret and Pomposa Pà ©rez Uriarte. For many generations, his family lived and died at La Tuna.[26] His father was officially a cattle rancher, as were most in the area where Guzmà ¡n grew up; according to some sources, however, he may have possibly also been a gomero, a Sinaloan word for opium poppy farmer.[27] Guzmà ¡n has two younger sisters, Armida and Bernarda, and four younger brothers: Miguel à ngel, Aureliano, Arturo and Emilio. He had three unnamed older brothers who reportedly died of natural causes when he was very young.[26] Few details are known of Guzmà ¡n’s upbringing. As a child, Guzmà ¡n sold oranges, and dropped out of school in third grade to work with his father.[17] Guzmà ¡n was  regularly beaten and sometimes fled to his maternal grandmother’s house to escape such treatment. However, when he was home, Guzmà ¡n stood up to his father to protect his younger siblings from being beaten.[28][29] It is possible that Guzmà ¡n incurred his father’s wrath for trying to stop him from beating them. His mother, however, was the â€Å"foundation of [his] emotional support†.[30] As the nearest school to his home was about 60 mi (95.6 km) away, Guzmà ¡n was taught by traveling teachers during his early years, just like the rest of his brothers. The teachers stayed for a few months before moving to other areas.[29] With few opportunities for employment in his hometown, he tu rned to the cultivation of opium poppy, a common practice among local residents.[31] During harvest season, Guzmà ¡n and his brothers hiked the hills of Badiraguato to cut the bud of the poppy. Once the plant was stacked in kilos, his father sold the harvest to other suppliers in Culiacà ¡n and Guamà ºchil.[32] He sold marijuana at commercial centers near the area while accompanied by Guzmà ¡n. His father spent most of the profits on liquor and women and often returned home with no money. Tired of his mismanagement, Guzmà ¡n, at the age of 15, cultivated his own marijuana plantation with four distant cousins (Arturo, Alfredo, Carlos, and Hà ©ctor), who lived nearby. With his first marijuana productions, Guzmà ¡n supported his family financially.[28] When he was a teenager, however, his father kicked him out of his house, and he went to live with his grandfather.[33] It was during his adolescence that Guzmà ¡n earned the nickname El Chapo, Mexican slang for â€Å"Shorty†, for his 1.68 m (5 ft., 6 in.) stature and stocky physical appearance.[34][35] Though most people in Badiraguato worked in the poppy fields of the Sierra Madre Occidental throughout most of their lives, Guzmà ¡n left his hometown in search of greater opportunities; through his uncle Pedro Avilà ©s Pà ©rez, one of the pioneers of Mexican drug trafficking, he left Badiraguato in his 20s and joined organized crime Guzmà ¡n was captured in 1993 in Guatemala, extradited and sentenced to 20 years in prison in Mexico for murder and drug trafficking.[1][17] After bribing prison guards, he was able to escape from a federal maximum-security prison in 2001.[1] He was wanted by the governments of Mexico, the United States and by INTERPOL.[18] The U.S. offered a US$5 million reward for information leading to his capture, and the Mexican government offered a  reward of 30 million pesos (approximately US$2 million) for information on Guzmà ¡n.[1] Guzmà ¡n was arrested again by Mexican authorities in Mexico on February 22, 2014. He was found inside his 4th floor condo at 608 Av del Mar in the beachfront Miramar condominium in Mazatlà ¡n, Sinaloa,[19] and was captured without a gunshot being fired.

Intense Factory Farming

Eng 102 Ms. Williams March 1st, 2012 Essay # 2 Intense Farming In our world today we no longer are able to farm clean natural products for others to consume. A factory farm is where animals are bred and fattened using modern industrial methods. This method allows more farming jobs to stay in the US. If we had to do it the way a farm has been run in the past, farmers wouldn't be able to compete with prices of food from China because their labor costs are much lower.According to The Scientific Veterinary Committee of the European Commission has stated, â€Å"Since the extent of the inactivity and unresponsiveness indicates abnormal behavior, the sows may well be depressed in the clinical sense and poor welfare is indicated. † Although factory farming produces more of the product to be mass distributed among countries, animals are being treated as an object instead of a living creature. These methods are rather cruel and can be harmful to these animals. These living things are he re for humans to have domain over them but the nature that these factory farmers are pursuing it is unethical and wrong.There are many more facts to be explored and through these resources one can develop the opinion whether or not these actions are right or wrong. Factory farming is something that has evolved over time. Without the advancements in medicine there would be no way our livestock would end up like this. CAFO is known for specializing in the raising of domestic pigs to be slaughtered when they have reached the proper weight. This system of pig production, grower pigs are housed indoors in group-housing or sheds. Pregnant pigs are housed sow stalls or pens and give birth in these crates.A gestation crate is only 7 feet by 2 feet; it is enclosed so the pigs aren’t able to move around freely. Animal welfare supporters see the use of gestation crates as one of the most inhumane features of animal production. More than ninety percent of pigs in the U. S. today are rais ed on factory farms. These pigs spend their entire lives in cramped, filthy warehouses under the constant stress of intense confinement. Their natural ways are denied through this system that supposedly produces more in the cost of the happiness and welfare of an animal. When the time comes for slaughter, pigs are forced onto transport trucks that travel for many miles through all weather extremes. Many die of heat exhaustion in the summer or arrive frozen to the inside of the truck in the winter. According to industry reports, more than 1 million pigs die in transport each year, and an additional 420,000 are crippled by the time they arrive at the slaughterhouse. Because of improper stunning methods, many pigs are still conscious when they are dumped into scalding-hot water, which is intended to remove their hair and soften their skin. †

Corporate Law and Governance Essay

Question 1 Bryan, Sarah, Jason, Calvin and Rubini are interested in starting a travel agency specializing in tours around Sabah. They are keen in having an office at Damai, Kota Kinabalu and to hire a few staff. Their initial capital is RM30, 000 each. They are also planning to acquire MPV vans to cater to small groups of travelers. All of them agreed to be involved in the management of the business and to make decision together. However, they are seeking your advice as to which business structure would best serve their purpose.  Advise Bryan, Sarah, Jason, Calvin and Rubini. (15 marks) Question 2 If they have decided to form a private limited company for their business, what are the things they need to consider in incorporating a company? They would like to use Friendly Tours Sdn Bhd as the name of their business. Also, they agreed to appoint Rubini as the Managing Director of the company for 5 years. Advise them in the drafting of the Memorandum and Article of Association. (15 marks) Question 3 In May 2013, they would like to expand their business in exporting fresh food and vegetables to Sarawak.  They are not sure whether they are allowed to divert from their initial objective in travel agency business. They also would like to change their business name to Borneo Connection Sdn Bhd. In the recent meeting, Sarah was appointed as Managing Director of their business instead of Rubini as stated in the Article of Association. Advise Bryan, Sarah, Jason, Calvin and Rubini in the situations above. (15 marks) Question 1 There are three types of business structure which are sole proprietorship, artnership and company. Choosing the right type of business structure is one of the most important choices of all for which they have to make when starting a business. Not only will this decision has an impact on their liability, it will also affect their ability to raise capital, management and decision making rights. Since there are five people who are interested in starting new business, it is important for them to compare and choose whether a partnership or company will best suit to their purpose. According to Section 3(1) of Partnership Act 1961, a partnership is the relation which subsists between persons carrying on business in common with a view of profit. In other words, they must continuously carry on travel agency business and all partners agreed to operate the travelling business together with the intention to make profits from it. As for company, it is an artificial legal person who is bound by law to manage company. It is a separate legal entity for which its legal identity separates itself from its members, officers, employees and others who form the company. In term of management and decision making, there are two types of partners in partnership: dormant partner who is not participate in management of the firm and managing partner who manages and makes all business decision of the firm, subject to any agreement requiring them to obtain consent of all other partners. According to the situation, all five of them are agreed to be involved in the management and to make decision together, so it is confirmed that they are all managing partners of the partnership and it is clearly set out in their written agreement. Hence, they are entitled to manage the partnership together and they have a wider pool of skills, knowledge and experiences collectively from all partners, so they have more inputs and suggestions to a better management of the business. In decision making wise, any major decision relating to any change which will affect the nature of the partnership must obtain the consent of all partners by carrying out formal meeting. For instance, type of business carried on, admission and removal of partners, and dissolution of partnership. Otherwise, they can freely make decision in their own or perhaps together by carrying out a less formal meeting, provided they are acted in good faith. As for a company, although only person who are appointed as director has the power to manage the company, members of the company have the definite voting rights in any major decision making. So, director has to comply with statutory requirements, which is to carry out general meetings by sending out notices of meeting to all members and must pass certain resolution from the members in order to obtain their consent and reach a decision. Yet, the procedures in decision making in a company compared to a partnership is more tedious and time-consuming, especially when facing crucial matters to be solved in short amount of time. So, it is better to form a partnership in terms of management and decision making. As mentioned previously, partnership is not a separate legal entity and hence, they are having unlimited liability. All partners are personally and jointly responsible for all debts and obligations of the firm. Not only it might end up with dissolution of the partnership, personal properties of partners can be seized to settle the business when the firm’s fund is insufficient to cover debts and obligations incurred during the ordinary course of the business. Unlike a company, it is a separate legal entity which separates itself from its members. As a result, only company is fully liable for debts and obligations incurred by itself while members’ liability is only limited to the unpaid amount of their shares capital, as established in case Salomon v Salomon & Co Ltd. The creditors claimed that Salomon and his company were one and the same and they should be repaid in top priority. However, the court held that he is not liable for debts of the company due to separate legal entity. Hence, in the event of winding up, creditors cannot bring actions against members of the company to contribute more than their initial contribution in debts settlement and so, their personal assets are not affected. Therefore, it is better to form a company in term of personal liability. Apart from that, they are planning to acquire several MPV vans in order to support their business but apparently their initial capital contribution which is totaling RM150, 000 is merely sufficient to acquire one or two second-hand MPV van. So, in term of raising capital, partnership’s fund is raised through capital contribution by all partners. If they wish to raise more capital by admitting more partners into the business but prior to admission, they must dissolve the partnership and form a new partnership consisting old and new members again, and perhaps their previous written agreement must be re-wrote. However, continuous admission of new partner may not be the solution if they wish to expand the business as the amount of capital contribution from each partner may not collectively big enough to do so. As for company, a private limited may normally issue shares or debentures to family, friends or employees by way of a private arrangement while a public limited may invite public to subscribe for its shares or debentures. Also, a private limited may convert to public limited by passing special resolution to raise more capital. Despite the risk of being a new business and compilation of statutory procedures, the amount of capital raised may be relatively more than the amount of capital contributed by each partners in the partnership. Therefore, it is better to form a company in term of raising capital and business expansion. Furthermore, partnership is not a separate legal entity and it can be easily dissolved upon the death, retirement, or new admission of any partner. Hence, partnership’s duration of existence is uncertain and has a finite lifespan. Meanwhile, since company is a separate legal entity, it has the characteristic of perpetual succession. In other words, despite any changes occur in its membership, they should not worry about dissolution of the company as it is has an infinite lifespan and exists perpetually until it is legally wound up or deregistered. As such in case Re Noel Tedman Holdings Pty Ltd, a husband and wife who were the only directors and members of the company were killed in an accident but the court held that the company is not affected by the accident and would continue to exist. Therefore, it is better to form a company in term of duration of existence. In conclusion, compared to a partnership, they are recommended to form a company in terms of limited liability of members, easier to raise more capital and its perpetual succession. Question 2 When they have chosen to form a private limited company, they should appoint a promoter to assist them in formation of company by performing secretarial services. Firstly, the promoter must conduct name search on the availability of proposed company’s name. Next, incorporation documents such as Memorandum of Association (hereinafter referred as MA), Articles of Association (hereinafter referred as AA), statutory declarations and any prescribed forms must be lodged with Registrar of Companies’ (hereinafter referred as ROC) within three months from the date of approval of the company’s name. Upon submission of documents and payment of fees, ROC will issue certificate of incorporation to them. In MA, they need to state the name clause, registered office, object clause, share capital clause and liability clause. While setting out name clause, they need to apply name search to ROC to check on the availability of their company’s intended name which is Friendly Tours Sdn Bhd. However, care must be taken where they should not register their company in a name that in opinion of ROC is undesirable or unaccepted by the Ministers, and also confusingly similar to the name of an existing company. In addition, they must include ‘Sendirian Berhad’ or the abbreviation ‘Sdn Bhd’ in their company’s name as it is a private limited company. Once they obtain bona fide approval from ROC, the name is reserved for three months from the date of approval. Next, they should set travel agency business which tours around Sabah as their company’s principal object clause and from thereafter it defines their company’s legal capacity when entering into any contract. Yet, in order to expand their company’s legal capacity and evade ultra vires act, they are advised to draft their object clause in widest possible terms by including many conceivable forms of activities, either dependent or independent to company’s principal object clause i. e. ravelling business, and each of it should be regarded as a separate and independent object in its own paragraph. Furthermore, they have to state the amount of company’s initial authorized share capital, which is RM150, 000 and its division into shares of a fixed amount, which can be 150,000 ordinary shares of RM1 per share. They can increase or decrease their authorized share capital in future by passing ordinary resolution. Also, their liability as a member in the company also must be stated, which is limited to the unpaid amount on their share capital, to protect their personal assets in the event of winding up. Other information such as company’s registered office which located at Damai, Kota Kinabalu, subscribers clause and association clause must also be stated in MA. As a private limited company, it is open for them to decide whether to adopt its own AA which meets company’s requirements, adopt Table A of Fourth Schedule as its AA or a combination of Table A articles with specific articles designed to meet company’s requirements. However, under Section 30(2) of Companies Act 1965, Table A will be AA of their company if they failed to register its articles upon registration. Any further alteration of AA is required to pass special resolution under some conditions. In drafting of AA, information such as appointment and removal of directors should be included in AA. To be appointed as a director, Rubini must be a natural person which is at least 18 years old and not being disqualified from being a director. Since they are forming a private limited company, they are allowed to name Rubini as Managing Director of the company and state a five years term of office in AA provided she is not 70 years old and above. Then, they should ensure that the company has at least two directors including Rubini who shall be named in AA as the first directors of the company and will hold office until the first Annual General Meeting where they will automatically retire (except Rubini in this situation). If they adopt Articles 64, 66 and 67 of Table A, retiring directors may be reappointed and the company may increase or decrease the number of directors in a general meeting by ordinary resolution. Furthermore, board of directors may have the power to appoint anyone as a director either to fill in casual vacancy or addition to existing board members if they adopt Articles 68 of Table A. Also, they have rights as members of the company to remove a director by ordinary resolution before his term of office expires. Yet, it is always subjected to company’s AA such as a provision is provided not to remove a director. They should also include the duties and powers of being a director, for example Rubini must greatly exercise her duties of care, skill and diligence. Other officers such as company secretary and auditor must be appointed at least one in the company and his legal position and duties must be clearly set out in company’s AA. In addition, they should include rights of various classes of shareholders in terms of company’s profitability, repayment of capital, transfer of shares, and decision making process. Detailed information regarding share capital should be clearly furnished such as methods of issuance of shares, transfer of shares, share buyback and reduction of capital. For debenture holders’ protection, they may need to state rules relating any fixed or floating charges attaching to specific properties as a security to creditors in case of unable to repay any loan or borrowing. Notices and procedures to meeting and winding up also must be stated in AA. Apart from that, they must insert restrictions as contained in Section 15(1) of Companies Act 1965 into MA and AA as a result of being a private limited company. For instance, it restricts its members’ rights to transfer shares. It also cannot have more than 50 members. The company, too, cannot raise capital by a way of offering shares and debentures to public or the public deposit money with the company. In a nutshell, they will receive certificate of incorporation upon successful registration of the company. Certificate of incorporation signifies that their company has been duly registered on date mentioned in it and restrictions in Section 15(1) of Companies Act 1965 will be effective. Besides, incorporation may bring forth effect that the company is a body corporate with the powers of an incorporated company, where it may sue or be sued in its own name, has a perpetual succession, may own property and the liability of its members may be limited. Question 3 During commencement of business, the company may wish to expand its business, change its name or alter provisions relating internal management. The company is permitted to do so by altering MA and AA by virtues of Section 21 and 31 of Companies Act 1965. MA is allowed to be altered to the extent and in the manner which is provided by the Act under Section 21 of Companies Act 1965. Meanwhile, Section 31 of Companies Act 1965 states that articles in AA may be altered or added by special resolution and become valid as if originally contained in the articles despite subjected to few limitations. The first issue arises in this question is whether the company is allowed to divert their initial objective in travel agency business and expand their business in exporting fresh food and vegetables. Upon incorporation, the legal capacity of the company is defined by object clause which has been stated in MA and it is not allowed to enter into any contract with third party, of which the purpose goes against its object. Otherwise, such act by the company is deemed to be an ultra vires act. Hence, the contract cannot be ratified by the company and considered as void contract which is shown in case Ashbury Railway v Riche. The company entered into a contract to build a railway station in Belgium for which the purpose went against their object clause of making, selling and hiring railway carriages. The court held that the contract was considered as void as it was beyond the legal capacity of the company to undertake it. So, in their situation, the company is not supposed to enter into any contract including exporting fresh food and vegetables because their legal capacity is only limited to travel agency business which tours around Sabah. However, Section 20 of Companies Act 1965 has provided that even an ultra vires contract is still valid if it has been executed despite company’s lack of capacity to enter into it. Meanwhile, if the contract has yet to be executed, minority shareholders may file for injunction to restrain company from performing the contract. Nevertheless, it is for the company’s best interest to evade the purpose of ultra vires doctrine by altering its object clause under Section 28 of Companies Act 1965. In case Bell House Ltd. v City Wall Properties Ltd. , defendant refused to pay procuration fee to company on the ground that the contract was made outside company’s object clause. However, there was such clause in MA which allowed company ‘to carry on business or any trade whatsoever in opinion of board of directors be advantageously carried on by the company in connection with or ancillary to any of the above business or the general business of the company’. Although there was no relationship with main object clause, the court held that it was within plaintiff’s legal capacity due to the bona fide opinion of board of directors. Therefore, based on their situation, the company can widen the scope of object clause by adding such clause into their MA in order for them to expand their business in exporting fresh food and vegetables. Apart from that, notices must be sent out to all members within 21 days of the general meeting and the company must pass a special resolution from members who attend and vote at the general meeting. Then, if there is no objection to the alteration within 21 days after passing of resolution, the company has to lodge with ROC within 14 days in order for the alteration to come in effective. The second issue arises is whether the company can alter its name in MA from Friendly Tours Sdn Bhd to Borneo Connection Sdn Bhd. Prior to alternation, the company must conduct name search and apply to ROC to check on availability of its proposed new name which is Borneo Connection Sdn Bhd. It must also ensure that the new name is not undesirable or unacceptable in the opinion of ROC or similar to the name of an existing company. Once it obtains approval from ROC, the new name will be automatically reserved for 3 months and the company must perform steps to change its name within the reservation period. Then, under Section 23(1) of Companies Act 1965, the company must provide notice of 21 days to all members of the general meeting and pass a special resolution from members who attend and vote at the general meeting. Upon that, ROC will only re-issue certificate of incorporation under the new name i. e. Borneo Connection Sdn Bhd and effects are taken into place. However, the company remains the same legal entity as the change of name will not affect any rights or liabilities of the company. In the third situation, Sarah was appointed as the Managing Director of the company instead of Rubini as stated in AA. Firstly, the first issue arises is regarding validity of naming Rubini as Managing Director in AA. Section 123 of Companies Act 1965 has stated that a person shall not be named as a director or proposed director in MA or AA or company’s prospectus but this section is not applicable to a private limited company. So, it is valid to name Rubini as the Managing Director. Assuming Rubini’s term of office is not stated in AA, she will hold office until the next Annual General Meeting where she will retire automatically and may be re-elected for next appointment. However, there is also a possibility where members of the company may remove Rubini as Managing Director by ordinary resolution before her term of office expires. Hence, Rubini should be given special notice of 28 days of the general meeting where she is proposed to be removed. Yet, based on the situation, she was not given any notice regarding removal of her position and Sarah was directly appointed as the Managing Director and therefore, it brought up straight to the next issue on whether Sarah is eligible to be appointed as Managing Director. The person must be a natural person who at least 18 years old and above, has consented to appointment and not being disqualified from being a director can be appointed as a director. So, it is assumed that Sarah has fulfilled the criterion and she can be appointed as the Managing Director. Upon successful appointment of Sarah as the Managing Director, it brought up the key issue on whether the contract between Rubini and the company is in breach. Section 33(1) of Companies Act 1965 has explained that MA and AA perate as a contract which only binding the company and its members, and members amongst themselves, but not between the company and outsiders. Generally, director is merely an officer but not a member of the company and so, he is considered as an outsider. Since he is not privy to the contracts, he cannot enforce any rights that MA or AA purport to confer upon them. However, Rubini has been validly named as the Managing Director of the company in AA and so, she has a valid contract between the company and herself. Therefore, she can enforce her rights against the company if the company fails to observe provisions in AA. This situation is supported by the case Southern Foundries v Shirlaw. Shirlaw sued for breach of contract because he was removed by Federation Foundries which altered the articles of Southern Foundries to give them power to remove Shirlaw before his ten years term of office was expired. The court held that an alteration of the articles was not amounted to a breach of contract but their act on altered articles was deemed to be and, therefore, Shirlaw was only entitled to damages. From the case, judge of the case has laid down the general principles where a company is not precluded from altering its articles so as to give itself to act upon altered articles, but acting on altered articles is construed as a breach of contract. Moreover, no injunction can be granted to prevent the adoption of the new articles but damages was the only remedy for breach of contract. In Rubini’s situation, there is a breach of contract as the company appointed Sarah as the Managing Director instead of her who has been stated in AA and it was assumed that the alteration of articles was in progress. Yet, she cannot re-enforce her appointment since she cannot prevent company from altering its AA as it is given the power to do so under Section 33(1) of Companies Act 1965. So, she can only obtain damages for wrongful dismissal. In conclusion, the company is allowed to expand its business scope and change its name to a new name as long as it passes special resolution. However, Rubini was only entitled to damages as a result of wrongful dismissal because she cannot restrain the company from performing alteration in articles.