Bar and Bat Mitzvahs

Rites of passage are a common element of various populations. These rites indicate a change in the lives of those involved. This change usually includes more responsibilities of one kind or another and the rite takes the participant into that next phase of life. One such rite for those of the Jewish faith is the passage into adulthood in a religious, and to an extent, a social sense. The b’nai mitzvah, bar mitzvah for boys and bat mitzvah for girls, are the ceremonies established for this purpose.The ceremony takes place when a boy turns thirteen, or a girl twelve or thirteen, and afterwards, the child is then considered an adult within the religion, expected to take on the responsibilities thereof so that they may help to teach others the ways of the Jewish faith. These responsibilities include praying, observance of the Sabbath, fasting when it is required, and other such things.While such things were considered mainly the responsibilities of those who were becoming adult ma les, it has evolved over the centuries to include females to one extent or the other as well, although Orthodox churches still tend to exclude women from performing many of the tasks that have traditionally been the roles of the male. The word â€Å"mitzvah† is defined as a commandment, while â€Å"bar† and â€Å"bat,† respectively, mean son and daughter.These terms indicate that those going through the ritual are now at a point where they can fulfill the commandments, becoming responsible members of the faith and be welcomed into the adult population. From that point on, the child is considered an adult â€Å"for purposes of participating in synagogue ritual† (Fox and Zimbler 18-19). According to Cohen and Weinrott, â€Å"The goal of the bar and bat mitzvah is to enter the larger community, while at the same time recognizing one’s own unique individual spiritual and social circumstances† (5). Bar and Bat Mitzvahs Page 2 of 9The first indica tion of the practice of the bar mitzvah seems to be in the Talmud several centuries ago during the Second Temple, when it is recorded that the sages would â€Å"bless a child who had reached the age of thirteen and who had fasted on Yom Kippur† (Lewit and Epstein 5). At that time there was no ceremony involved, only the declaring of the boy as bar mitzvah on his thirteenth birthday. He was considered an adult then, expected to follow the laws and take responsibility for himself instead of being considered the responsibility of his father.It was in the thirteenth or fourteenth century that this transition became formalized in such a way that resembles the ritual practiced today. The ceremony then led into a meal to celebrate the boy’s transition, and by 1595, this feast became â€Å"so sumptuous that a communal tax was placed on the celebration to stop such excesses† (Cohen and Weinrott 11). The bat mitzvah was not such an illustrious occasion as early as the bar mitzvah. The Talmud records that, around the second or third century, girls came of age at twelve to fulfill the commandments.Women were not obligated like men to engage in most religious exercises, their responsibilities instead revolving around home and family. While this age was considered important, it was not until the seventeenth century that it was considered important to celebrate the occasion. France and Italy celebrated with a ceremony in the middle of the nineteenth century at the latest, but it was not until 1922 that girls were accorded the same ceremony as boys with their bat mitzvah, when Mordecai Kaplan of the Society for the Advancement of Judaism, who founded Reconstructive Judaism, held the ceremony for his daughter.In some congregations, a girl becomes bat mitzvah at twelve, while in others the ceremony is performed at thirteen, Bar and Bat Mitzvahs Page 3 of 9 like it is for boys. Different congregations of Judaism treat the coming of age of boys and girls in d ifferent ways. While some give equal credence to the two genders during this time in belief that both should be on equal footing, there are others who believe that the religious obligations of boys and girls are different and therefore they should follow different rules.This leads to even more differences in the observance of this special time for girls than it does before, as some congregations have the identical ceremony for both genders while others give the girls less religious responsibility during the occasion. It is not that they consider the duties of a female to be less important, only separate and distinct from those expected from males. The celebration of these ceremonies took on different aspects in different countries starting late in the Middle Ages.The differences included such things as on which days the ceremony took place and how much of the service was conducted by the boy himself. The Marranos in Spain and Portugal were forced to practice their religion in secret , and the day of the bat mitzvah was when a boy was introduced to the religion. This secrecy helped to preserve the religion for more than 300 years in those countries. The traditional day for the bar or bat mitzvah to take place is on Saturday, which is known as Shabbat, or Sabbath.Bat mitzvahs are often held on Fridays, different congregations either giving the choice as to whether to hold it on Shabbat or requiring that it be done on Friday night. It is also possible for either ceremony to be held on Mondays or Thursdays, which were days in the days of the Temple when the Torah was read. Bar and Bat Mitzvahs Page 4 of 9 While some may choose to enhance the event by combining it to some extent with existing Jewish holidays, there are certain days which are usually avoided.The traditions of these holidays can help to make the day even more special and memorable. However, there are certain days that involve the remembrance of tragic times for the Jewish people, and these days, such as Yom Ha-Shoah, when the lives of those lost in the Holocaust are remembered, are considered inappropriate for the occasion due to the solemnity and focus on those who have been lost. Many children who are approaching their time of bar or bat mitzvah take part in a course of study to help prepare them for the occasion.Children are often taught in groups, and during this time they learn the blessings which are said at the ceremony as well as the basic skills that are needed for the synagogue, which include â€Å"the use of the tallit, tefillin; the blowing of a shofar; how to lift and dress the Torah, and other Jewish practices† (Lewit and Epstein 35). In addition to this training of the children in groups comes more individualized training with the cantor. Each child will usually spend four to six months training in this way.Other tutors may be utilized as well, giving the children a well-rounded and intensive study of what is to come and what is expected of them. Study aids such as the Tikkun are also helpful for this purpose. The Tikkun is a book that is used to help practice reading the Torah, giving help not only with pronunciation, but also with melody, which is a large part of the ceremonies in many congregations. The duties of the bar or bat mitzvah vary from congregation to congregation. At the simplest, it is simply the responsibility of the newly proclaimed adult to recite a blessing at the Torah.This is the most sacred of books in the Jewish faith, and is Bar and Bat Mitzvahs Page 5 of 9 handwritten on a scroll made of parchment. It is considered an honor to recite a blessing at the Torah, and is the most important part of the bar or bat mitzvah. Depending upon the congregation, he or she will read part or all of the passage, and then the Torah is taken around the synagogue before being returned to its place in the ark which is either at the front or the center of every synagogue.Another common duty of the bar or bat mitzvah is to read the H aftarah, which is a reading from the Prophets. It, as the Torah, has its own melodies that are usually followed and which take much practice to get right. In some Reform congregations it and the Torah are merely recited. Some congregations can require even more responsibility from the bar or bat mitzvah. He or she can be expected not just to recite the entire Torah portion of the service, but also to lead some of the service or to take over with certain prayers.A speech can also be required, and the father usually recites a blessing as well, officially relinquishing responsibility for the child who has now become an adult. Some congregations also require the child to spend time writing what is known as a dvar Torah for the ceremony. This is a commentary on a portion or portions of the Torah that the child is expected to study and interpret in his or her own way. He or she usually relates it somehow to his or her life and the significance of the Jewish faith to the individual writing it. The length of the document does not matter so long as it expresses something meaningful.In addition to the duties expected from the bar or bat mitzvah, others can play a significant role in the ceremony. The number of these can vary in different congregations, but it is considered an honor to the participants who perform those duties. Those who Bar and Bat Mitzvahs Page 6 of 9 take part in this are usually close to the child, and it is a duty that those asked to participate take very seriously. However, Orthodox churches tend to disallow the participation of women in most, if not all, of these. The most important role for one of these honorees is that of the aliyah.This is when one is allowed to go to the pulpit and both before and after one section is read from the Torah, to recite a blessing. The number of people who can be an aliyah can be as high as eight, with the last one being that of the child, who is to the final blessing, which is known as the Maftir. This demonstrate s the first real responsibility that a child is accorded in the congregation to illustrate his or her adult status. Other honors can include family members who are allowed to read a section of the Torah as well as tasks that can be taken on in some cases by younger children.There are also tasks that can be taken on by those who are not allowed to participate in the Torah service. They can help to hand things out, serve as ushers, or even decorate the synagogue for the ceremony and bake refreshments. There is also a tradition for many of those in the congregation to throw nuts and candies at the newly proclaimed adult after the ceremony, and passing out such things is a job often taken on by younger family members. After the service, many Jewish families throw a celebration.This has been a big change from earlier days, when there was no pomp but simply a declaration of the child becoming an adult. But these celebrations have become an important part of some congregations, particularl y those of American Jews. Many more traditional Jews frown upon the seeming need of many families to try and outdo each other in the extravagance of this celebration. Bar and Bat Mitzvahs Page 7 of 9 One of the traditions that is often followed at Jewish celebrations, including the b’nai mitzvah, is called the Kiddush.This is a prayer over wine that is defined as sanctification. Red wine is the most commonly used for this purpose and it is decided by the family who will chant the Kiddush. This can be one or more people, depending on their preference. The only one who is required to drink from the goblet of wine is the chanter of the blessing, but some prefer to pass it around so that all may have a taste, or with larger groups, cups may be provided for all. Another blessing that is given is the Motzi, which is the blessing over bread.Bread is a very important part of the Jewish meal, and a braided bread known as challah is used for such a purpose as important ceremonies. They are symbolic, and â€Å"represent not just the staff of life, but unity and peace as well† (Cohen and Weinrott 151). The bread is blessed after the wine, giving thanks for the feast that is to be shared. During the Kiddush, the challah is covered with a cloth, some traditions stating that this is to protect the bread from being embarrassed because the wine is blessed first.After the blessing of the bread, there is no need for blessings to be said over any of the following courses. It is usually tradition for a grandparent, or eldest member of the family, to say the blessing over the bread as well as cut it after the blessing. It may then be sliced and then passed around to all present, although some prefer to tear the bread with hands instead of cutting it with a knife. It is then usually salted before being eaten, and then the rest of the meal follows. A more recent tradition among the American Jews is that of the candle lighting ceremony.Thirteen or fourteen people are com monly chosen to light candles that are often placed on a cake, and sometimes make a blessing over the candles for the child. A Bar and Bat Mitzvahs Page 8 of 9 cake is not always used, however, with some people preferring a candelabra or other setting. When the candles are lit is also optional, some preferring it before the meal while others wait until after. Music is often used to announce the tradition, and special words are often said by those lighting them and occasionally by the child as well.During the celebration is also a time when many choose to make toasts to the child and his or her future and to wish that child well. The parents might choose to give speeches, and usually anyone is invited to say something if they wish, although brevity is often appreciated. The ceremony of Havdalah, which means separation, is often incorporated into Saturday night celebrations, and regarding bar and bat mitzvahs, â€Å"it is a special reminder of the bittersweet separation of youth and adulthood† (Cohen and Weinrott 159).After the celebratory meal, it is a tradition to say the Birkat Ha-Mazon, which means â€Å"grace after the meal. † Four prayers make this up, and then there are also psalms and blessing said as well. There are many choices as to who can lead this service, from the rabbi to the bar or bat mitzvah. However, there are also those who prefer less formal graces, and they might even include a poem or other prayers. The conclusion of this grace is a prayer for peace. Music has always been a large part of the Jewish culture; therefore it is often included as an important part of the celebration.The offerings of this can range anywhere from the simple to the more elaborate, depending upon the tastes of those involved. It is preferable to involve the guests with this, and that can be done in a variety of ways, from singing to dancing, which usually includes the hora. Bar and Bat Mitzvahs Page 9 of 9 The hora is a traditional dance used during J ewish celebrations. It was developed early in the twentieth century in Israel, and is a group dance, where the dancers are linked to each other in a circle, arms linked and hands on the shoulders of those next to them.This represents the closeness of the community and the equality of value of all of the people involved†¦ After the hora often comes the chair dance, in which the child sits in a chair and then that chair is lifted above their shoulders by those present. They are then danced that way, and often parents and other family members are allowed to share in the feelings of exultation by having their own turn in the chair. This dance emphasizes not only the individual who is put in the spotlight, but the community around that person who supports the chair and the individual during that time.The sense of community is very important to those of the Jewish faith, and this dance is a demonstration of this. Ceremony is a very crucial part of Judaism. This can be seen in many of their holidays and ceremonies, and the importance of the b’nai mitzvah can be considered to be the fact that it is this that pulls yet another into the community of Jewish adults. The new adult is allowed then to participate in ways that only adults can, and this strengthens the religion as a whole, passing the traditions and beliefs on to another generation so that it may again be passed on to that person’s children.Perhaps the fact that the Jewish people have been through much pain and difficulty throughout their history has helped to make these ceremonies even more important than they once were, transitioning them from a simple announcement of adulthood and breaking off of responsibility by the father to the elaborate celebrations that many have today. Bibliography Cohen, Jayne and Lori Weinrott. 2004. The Ultimate Bar/Bat Mitzvah Celebration Book. New York: Clarkson Potter/Publishers. Fox, Karen L. and Phylliz Zimbler Miller.1992. Seasons for Celebratoin: A Contem porary Guide to the Joys, Practices, and Traditions of the Jewish Holidays. New York: The Putnam Publishing Group. Himelstein, Dr. Shmuel. 1990. The Jewish Prayer: Questions and Answers on Jewish Faith and Cuture. New York: Facts on File, Inc. Lewit, Jane and Ellen Epstein. 1996. The Bar/Bat Mitzvah Planbook. Lanham, MD: Scarborough House. Oppenheimer, Mark. 2005. Thirteen and a Day: The Bar and Bat Mitzvah Across America. New York: Farrar, Straus, and Giroux.

Doctrine of Frustration Essay

ACCORDING to Section 56, an agreement to do an act impossible in itself is void (for example, an agreement to discover treasure by magic). Supervening impossibility or illegality refers to the intrusion or occurrence of an unexpected event or change of circumstances beyond the contemplation of the parties; such event or change of circumstances must be so fundamental as to be regarded by law as striking at the root of contract as a whole or the basis of the contract no longer exists. Subsequent impossibility in the UK is referred to as Doctrine of Frustration. A contract is deemed to have become impossible of performance and, thus, void under the following circumstances: a) Destruction of the subject matter of the contract; b) By death or permanent incapacity of the parties (like insanity) where the contract is personal in nature; c) Supervening impossibility or illegality, involving actions contrary to law or public policy; d) Outbreak of war, war restrictions (avoidance of trading with alien enemy, and so on); e) Imposition of government restriction or orders or acquisition by government; and f) Non-existence or non-occurrence of a particular state of things. Apart from the above circumstances, impossibility does not discharge a person from the contract. He who agrees to do an act should do it unless impossibility arises in any of the ways mentioned above. . FRUSTRATION – MEANING, SCOPE AND APPLICABILITY Section 56 of the Indian Contract Act, 1872 stipulates: â€Å"Agreement to do impossible act: An agreement to do an act impossible in itself is void. Contract to do act afterwards becoming impossible or unlawful: A contract to do an act which, after the contract is made, becomes impossible, or, by reason of some event which the promisor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful. Compensation for loss through non-performance of act known to be impossible or unlawful: Where one person has promised to do something which he knew, or, with reasonable diligence, might have known, and which the promisee did not know, to be impossible or unlawful, such promisor must make compensation to such promisee for any loss which such promisee sustains through the non-performance of the promise.† Frustration may be defined as the occurrence of an intervening event or change of circumstances so fundamental as to be regarded by the law both striking at the root of the agreement, and as entirely beyond what was contemplated by the parties when they entered into the agreement. If an event which could not be foreseen by both parties supervenes, frustration would apply. Section 56 of the Indian Contract Act, 1872 does not deal with the cases in which an event, the parties took it for granted will never happen does happen and makes the performance of the contract impossible. If it be held that this Section is exhaustive, no relief can be granted to any of the parties on the happening of such an event, but this would be against the very principle underlying the Section. (16) If the inability to perform the contract is due to the fault of one of the parties, he cannot successfully plead frustration. It is also true that if the parties expressly contract with reference to the occurrence of the supervening events, frustration is inapplicable. But there is another type of case outside these rules. The parties when they made the contract, may have foreseen the supervening event as probable, but may have made no express provision with respect to it. Here, if such event occurs, frustration can be pleaded. (17) LORD RADCLIFF has succinctly summarized the law relating to frustration of contracts as under: â€Å"†¦.frustration occurs whenever the law recognizes that without default of either party, a contractual obligation has become inapplicable of being performed because the circumstances in which the performance is called for would render it a thing radically different from that which was undertaken by the contract.’†¦.It was not this that I promised to do.’ There is, however, no uncertainty as to the materials upon which the Court must proceed. ‘The data for decision, on the one hand, the terms and conditions of the contract, read in the light of the then circumstances and, on the other hand, the events which have occurred.’ In the nature of thing there is often no need for any elaborate enquiry. The Court must act upon a general impression of what its rule requires. It is for that reason that special importance is necessarily attached to the occurrence of an unexpected event that, as it were, changes the face of the things. But even so, it is not hardship or inconvenience or material loss itself which calls the principle of frustration into play.†(18) IMPOSSIBILITY OF PERFORMANCE AMOUNTS TO FRUSTRATION A man can be expected to do what is humanly possible but he cannot be expected morally or legally to do what is not physically possible. It cannot be disputed that when a thing is beyond the human control it cannot be expected from the party which had undertaken to do the work to suffer the consequences of not proceeding with the contract work and in such a situation both the parties are relieved from their contractual responsibilities. The word â€Å"impossible† in Section 56 of the Indian Contract Act, 1872 has not been used in the sense of physical or literal impossibility. The performance of an act may not be literally impossible, but it may be impracticable and unless from the point of view of the object and which the parties had in view; and if an untoward event or change of circumstances totally upsets the very foundation upon which the parties rested their bargain, it can very well be said that the promisor finds it impossible to do the act which he promised to do. (21) If the performance of a contract becomes impracticable or useless having regard to the object and purpose the parties had in view then it must be held that the performance of the contract has become impossible. But the supervening event should take away the basis of the contract and it should be of such a character that it strikes at the root of the contract. (22) The essential principles on which the doctrine of frustration is based on the impossibility, or, rather, the impracticability in law or fact of the performance of a contract brought about by an unforeseen or unforeseeable sweeping change in the circumstances intervening after the contract was made. In other words, while the contract was properly entered into in the context of certain circumstances which existed at the time it fell to be made, the situation becomes so radically changed subsequently that the very foundation which subsisted underneath the contract as it were gets shaken, nay, the change of circumstances is so fundamental that it strikes at the very root of the contract, then the principle of frustration steps in and the parties are excused from or relieved of the responsibility of performing the contract which otherwise lay upon them.(23) HAPPENING OF UNPRECEDENTED EVENTS CAUSES FRUSTRATION To attract the plea of frustration, it must be shown that the situation has changed so drastically and so radically that neither party to the contract could have at all foreseen that because of something happening at another place which may be a foreign country would result in execution of the contract almost as good as an impossibility. The impact which the market receives due to an event happening elsewhere in the guiding factor for determining whether or not frustration has occurred. Where after the firm price contract for supply of transformers there was a subsequent 400% rise in price of transformer oil due to the war, there was frustration of contract. The abnormal increase in price due to war condition was an untoward event or change of circumstances which â€Å"totally upset the very foundation upon which the parties rested their bargain.† Therefore, supplier could be said to be finding itself impossible to supply the transformers which it promised to do. (25) The parties to an executory contract are often faced, in the course of carrying it out, with a turn of event which they did not at all anticipate – a wholly abnormal rise or fall in prices, a sudden depreciation of currency, an unexpected obstacle to execution, or the like. Yet this does not in itself affect the bargain they have made. If, on the other hand, a consideration of the terms of the contract, in the light of the circums.

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Program Enhancement - Essay Example The goal of the IAP is to â€Å"reduce recidivism among high-risk parolees by providing carefully targeted services and counseling to youthful offenders throughout correctional supervision, prerelease, community reentry, and community supervision† (National Institute of Justice, 1998). According to The Center for Delinquency and Crime Policy Studies, the IAP is based on five underlying principles for reintegration for juveniles. These five principles are â€Å"(a) preparing youth for progressively increased responsibility and freedom in the community, (b) facilitating youth-community interaction and involvement, (c) working with both the offender and community support systems on qualities needed for constructive interaction and the youths’ successful return to the community, (d) developing new resources and supports where needed, and (e) monitoring and testing the youth’s and the community’s ability to work productively together† (The Center for Del inquency and Crime Policy Studies, n.d.). The IAP was effective specifically in Colorado, one of the states which initially tested the program. The effectiveness of the IAP in Colorado can be attributed to the strong administrative support backed up by a well-trained and committed staff who developed programs centered on a team approach (Wiebush, Wagner, McNulty, Wang, & Le, 2005). In the case of Nevada, another state which tested the program, it was effective in giving the youth intensive community services. The design of the transition structure is noteworthy. One shortcoming of the IAP in Nevada was the high turnover of the liaison position; thus, hampering the coordination between IAP and the community provider networks, which facilitated the transition strategies (Wiebush, et al., 2005). Another problem which beset the program was the lack of involvement of the families of the juvenile. To enhance the effectiveness of the IAP it is suggested that parental involvement should be

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The bicycle Thieves - Essay Example It should be clarified that the movement began not to highlight the economic decline that followed World War II but because of it. The film-making industry suffered in particular – by the conversion of studios in to military and refugee camps, the lack of equipment and the unreliability of the electrical supply. This lead to the production of films shot strictly on location, capturing the war-ravaged sights of post-war Italy – and focusing on a more honest portrayal of real lives and real people. Neo-realist filmmakers believed that cinema had moral repercussions and should thus be manipulated carefully to draw attention towards some truths. ‘The Bicycle Thieves’, in keeping with traditional neo-realist films casts non-professional actors in lead roles. Indeed, the protagonist of the movie, Antonio Ricci, was played by Lamberto Maggiorani, a worker himself. The character Antonia Ricci is shown to have been unemployed for almost two years at the start of the film before he is offered a job – the sole requirement of which is the possession of a bicycle. Despite knowing that he does not own one, Ricci takes up the job of putting up movies posters around town. His wife, Maria, pawns linen bed-sheets that were a part of her dowry in exchange for money to buy a bicycle. On their way home, his wife stops at an old building, claiming to meet someone. However, Antonio discovers that Maria is actually there to give money to a clairvoyant who predicted that he would get a job soon. Ricci mocks her and tells her off for being superstitious. The next day, as Antonio sets out for work, a young man steals his bicycle while his back is turned and takes off with it. Antonio pursues him frenetically until he loses track of him. He goes to the police to enlist their help but discovers that there is not much they can do. In despair, Antonio takes to walking the streets and scouting marketplaces with his son, Bruno, and his friends in search of his bicycle. Their search leads them to many places and to falsely accusing a man of possessing the stolen bicycle. However, after vainly attempting to find it, they give up. At this point, Antonio decides to treat his son to dinner at a restaurant. The scene that follows is pivotal to the theme of the movie. While Antonio and Bruno are enjoying their meal, Bruno keeps turning around to look at another seemingly wealthier family dining at a table nearby. He exchanges glances with a boy his own age seated at this table. Antonio notices this, and exclaims with frustration ‘To eat like that, you’d have to earn at least a million a month.’ Antonio and Bruno, in the throes of their despair, go to see the clairvoyant that Antonio had mocked earlier on. It is interesting to note that when faced with the prospect of poverty, Ricci turns to the same superstitions he derided his wife for believing in while when at the start of the film, shortly after the acquisition of his bi cycle and a job, he believes them to be associated with irrationality and thus baseless. The clairvoyant gives Ricci vague and unhelpful advice, telling him that he would either find his bicycle today o not at all. Dismayed, Bruno and Antonio leave the building. Soon after, however, they spot the thief who had stolen his bicycle. They chase him down, but are surrounded by hostile neighbors. Bruno discreetly slips away to find a policeman while Antonio accuses the thief of having

Key Elements of A Market Analysis Essay Example | Topics and Well Written Essays - 750 words

Key Elements of A Market Analysis - Essay Example The market can be worldwide or just a three states. These boundaries are usually defined by the geographic areas in which the firm expects to be competing. The time component of market is affected by the stage of a product or service in its life cycle and the specific needs of the data user. An assessment of long-term potential is needed because major financial decisions have to be made about long-term commitments for plant, equipment, personnel, and the like. For existing products, market potentials usually cover shorter time periods because their primary purpose is to guide short-term decisions about production or promotion. However, as a product or service enters the later stages of maturity, longer-term potentials might again be sought to determine if and when it should be withdrawn from the market (Eden, Ackerman 1998). Regional demographic characteristics and population growth can help to identify number of potential consumers and main trends in sales. Slower population growth combined with increased competition (from both domestic and foreign sources) means that the market will become increasingly competitive. The firms that will succeed will be those that make best use of information. Using information effectively is not an easy task because of the vast amounts available. A firm that knows something about the demographics of its customers can use a clustering system to identify block groups that possess similar characteristics, and are thus high potential candidates (Simonson, Schmitt 1997). The addresses of customers can be traced to block groups, and the demographics of these block groups can be used to gain greater insights about the customers. Knowing the general demographics of groups will help a firm learn more about the characteristics of its customers. The information about income and life styles, the number of buyers and their geographical location allows the company to segment the market. Critics underline that a proper balance is needed when defining the market to be segmented. If the market is defined too narrowly, the emerging segments may be too specific to be of marketing value. Conversely, if the market is defined too broadly, the emerging segments are likely to be of little practical value from a marketing perspective. Also, a market analysis should take into account geographic limits, people or firms who might use the product, users and non-users, the size of the market, the emerging segments and regional differences. Stating the purpose of the segmentation activities at the outset establishes the amount of effort and expenditures needed in the remaining steps of the process. For Able Corporation, it is important to analyze new markets and assess their size and a number of customers. In this case, the potentials for each segments (old and new markets), when combined, identify the overall market for PEPT (Simonson, Schmitt 1997). Prices and competitors products are also a part of market analysis. Most products or services are available in different sizes and varying price levels. There are also a variety of sizes and price ranges for PEPT. Thus the product or service component of market should pertain to the market or market segment that is expected to be the focus of the firm's marketing efforts. Since durable products such as portable electric power tools are consumed over fairly long periods of time (until they become

Intelligence Studies Essay Example | Topics and Well Written Essays - 1500 words

Intelligence Studies - Essay Example territories that a government runs and have a permanent population.3 Nation-states are the most important actors in the international relations, but non-states actors strongly influence them. Hence, nation-states actors are entities or organizations, which a government runs.4 Some of the state actors include elected leaders, diplomats, bureaucrats, militaries among others. Non-state actors have a responsibility of checking state parties in all their actions. For instance, non-state actors such as NGOs which comprises of civil societies scrutinizes government policies to make sure they comply with provisions of human rights. Similarly, these non-state actors play the role of influencing policies and pressurizing the government to implement policies towards meeting its agenda.5 This is contrary to the role of the government, which has a role in making national policies and executing them for the benefit of the people.6 The two actors are different because of the role they play for the people. In the past decades, different civil societies have echoed their voices on the actions of state actors to influence change. For instance, civil societies echoed their voices when the death toll was rising in Egypt. As much as the Egyptian government was condoning and comfortable with the developments, non-state actors comprising on international civil societies opp osed the actions. This is an indication of the differences between the two actors. State actors have their media that influences and pass information regarding developments as well as the activities of the nations. This is normally biased, as various governments do not want to expose the wrongs to the public or in the international area. Therefore, most of the wrongdoing of the government goes unreported. Nearly every country has its national broadcasting, which the government influences to get favor. On the other hand, non-states actors such as media expose the nations concerning their wrong doings. They have

See attachments Assignment Example | Topics and Well Written Essays - 1000 words

See attachments - Assignment Example Study 2 on the other hand measures the level of up to how long it will take for drivers to leave if the level of intrusion and status of intruder will have to be manipulated. Study 3 documents the specific responses of individuals who parked at a mall would react to intruders. It is therefore clear that the research question that these three studies addressed is relevant to finding the evidence of territorial defense and how it is viewed in the case of drivers leaving a public space and the intruding drivers. 2. Technically, the research question is the same for the three studies as far as the exact thought of what the researchers would want to find out is concerned. In great detail, the researchers wished to see the picture of the entire information linked to territorial mentality of individuals particularly when it comes to the concept of space. For this reason, being consistent to use drivers as the common subjects of the three studies, gives us the insight that the proponents wer e able to obtain a general thought of answering a one specific research question for the entire research investigation that was subdivided under three studies. The three studies were able to adhere to finding how human behavior through territorial mentality of individuals may be highly associated with the concept of space. 3. ... The good thing about two of the studies is the inclusion of observation and actual experiment. The other one includes actual interview, which is a significant component of a qualitative research. In other words, the general phenomenon of interest in all of the studies is the actual inclusion of diversified methodological approach in obtaining particular data that could help solve the research question. 4. There were more than one methodologies used in the research studies in order to obtain the relevant information associated with answering the actual research question. This is methodological triangulation, by which the researchers were consistent in using due to the fact that at the end of every study, it would ensure answering their relevant research question. In other words, by being able to set the study with a particular research question to answer, the methodological triangulation conspires to create a path that will lead to finding the answer which is of great concern of the r esearchers. This means that even if there could be varying methodological approaches used, the ultimate concern would be to create actual input that will lead to finding answers set for the research question at the end of the study or actual research investigation. 5. I believe the study could be a perfect example of a qualitative research due to subjective judgment that may be employed by the researchers. Although there was an actual experiment conducted, the said activity would still require subjective judgment as far as gathering and documenting of data and information are concerned. In addition, the actual interview is a form of qualitative approach because the actual response could not be translated

Anova Assignment Example | Topics and Well Written Essays - 250 words

Anova - Assignment Example It has been alleged that younger members of the society, especially from both developed and developing countries do not have time to engage in eating healthy. Due to their tight schedules as students or young professionals, they tend to consume fast food to save on time and to socialize. From this idea, the independent variable would be the respondents age. This can be explained by the fact that ones age should dictate on fast food consumptions. Similarly, the dependent variable will be the frequency of fast food consumption. After running the analysis, I expect to find out that there is a significant difference in the mean number of times respondents consume fast food at the different level of age, (F=4. 962, P=0. 000). Similarly, I expect that the Tukey post hoc test will show that younger individuals probably less than 25 years old will have a significantly higher mean number of times they eat fast food (Mean=10.66) when compared to older respondents over 30 years

Company Law Essay Example for Free

Company Law Essay It has been a long established principle of Company Law that the corporate personality is a separate legal entity distinct from its members. (Salomon v Salomon Co. (1897) However, there are circumstances in which the courts might find it appropriate to dispense with this principle and ignore the principle of separate corporate personality by ‘lifting the corporate veil’ so to speak. Yet, the courts have not been as prepared to pierce the veil of the corporation as they have been to protect it. Salomon v Salomon Co. gave birth to the separate legal personality of the corporation. In this case, Mr. Salomon, who was conducting business as a leather merchant formed a company which he called Salomon Co. Ltd in 1892. His shares were distributed among his wife and children, each of whom held one share each, for Mr. Salomon. This was necessary at the time because the law requires that the company consist of at least seven shareholders. It is also important to note that Mr. Salomon was the managing director of the company. (1897) Salomon Co. Ltd. purchased the leather business which Mr. Salomon estimated to be worth 39,000 pounds. Mr. Salomon based this valuation on his view that the business was bound to be a success rather than the actual value at the time of purchase. The funds were paid as follows: 1) 10,000 pounds worth of debenture stocks leaving a charge over all of the assets of the company and 2) 20,000 pounds in 1 pound shares and 9,000 pounds in cash. At this juncture, Mr. Salomon paid off all of the creditors of the business. As a result, Mr. Salomon held 20,001 shares in Salomon Co. Ltd. and his wife and kids held the remaining 6 shares. Also, as a result of the debenture, Mr. Salomon was a secured creditor of the company. (Salomon Salomon Co. Ltd. 1897) The leather business floundered and within a year Mr. Salomon ended up selling all of his debentures so as to salvage the business. This did not work out the way Mr. Salomon planned and the company was unable to pay its debts and consequently went into insolvent liquidation. The company’s liquidator alleged that Salomon Co. Ltd. was nothing but a sham serving as an agent for Mr. Salomon. Therefore Mr. Salomon should be held personally liable for the company’s debts. The Court of Appeal agreed with this finding and held that a company’s shareholders were required to be a bona fide organization with the intention of going into business rather than just for the purpose of meeting the statutory provisions for the number of shareholders. (Salomon Salomon Co. Ltd. 1897) The House of Lords reversed the decision of the Court of Appeal holding as follows:- 1) It was not relevant for the purposes of determining the genuineness of a company’s formation that some shareholders were holding shares for the purpose of forming the company pursuant to relevant statutory provisions. In fact, it was perfectly legal for the procedure for registration to be used by a person for the purpose of conducting a one-man business enterprise. 2) Moreover, a company that was formed pursuant to the regulations provided in the Companies Acts is a separate legal person and was not therefore an agent or trustee for the controller. Therefore the company’s debts were its own and were not the debts of its members. The liability of the members would be limited in proportion to the shares that they each held. (Salomon Salomon Co.  Ltd. 1897) Salomon v Salomon Co. Ltd. has stood up well against the test of time. In Macaura v Northern Assurance Co. [1925] AC 619 the House of Lords held that in the same way that the company’s liabilities are the company’s and the shareholders, the assets are also the company’s rather than the shareholders. (Macaura v Northern Assurance Co. [1925]) In Barings Plc (In Liquidation v Coopers Lybrand (No. 4) [2002] 2 BCLC 364 a parent company suffered a loss as a consequence of the loss incurred by one of its subsidiaries. It was held that the subsidiary was the proper party to commence an action in respect of the loss. This rationale followed the rationale in Salomon v Salomon Co. Vis-a-vis the loss was that of the subsidiary and was therefore that company’s liability rather than the parent company’s liability. The subsidiary was a separate legal entity from its parent company. (2002 p 364) This ruling was closely followed in both Gile v Rhind [2003] as well as Shaker v Al-Bedrawi {2003]. In Re Southard Co Ltd Templeton [1979] 3 ALL ER 556 at 565 LJ said that A parent company may spawn a number of subsidiary companies, all controlled directly or indirectly by shareholders of the parent company. If one of the subsidiary companies, to change the metaphor, turns out to be the runt of the litter and declines into insolvency to the dismay of its creditors, the parent company and other subsidiary companies prosper to the joy of the shareholders without any liability for the debts of the insolvent subsidiary. ’(Re Southard Co Ltd Templeton [1979] 3 ALL ER 556 at 565) Lee v Lee’s Air Farming, a New Zealand case, is another good example of the court’s reluctance to pierce the corporate veil. In this case, in 1954 Lee started a company called Lee’s Air Farming Limited. Lee owned all of the shares of the company and was the company’s Governing Director. In addition, Lee worked for the company as its chief pilot. He died in a plane crash while flying the company plane and his wife tried to claim damages via the company’s insurance scheme under the Workers’ Compensation Act. (Lee v Lee’s Air Farming [1961]) The New Zealand Court of Appeal rejected the widow’s claim that Lee was a worker within the meaning of the Workers’ Compensation Act and the case went to the Privy Council. The Privy Council found that Lee’s Air Farming Limited was an entirely different legal entity from Lee and legal relationships between the two were perfectly permissible. Moreover, the Privy Council found that Lee, as Governing Director could indeed give order to himself in his capacity as chief pilot. Therefore a master/servant relationship did exist between the two and Lee was in that respect a ‘worker’ within the meaning of the Act. Indeed, as seen in the cases discussed above the courts aggressively protect the separate legal identity of the corporate citizen. However, there have been legislative intervention whereby specific situations have been defined where it would be appropriate to pierce the corporate veil. For example Sections 213 and 214 of the Insolvency Acts make it possible for the lifting of the corporate veil in cases of fraud and wrongful dealing. (The Insolvency Act 1986 Sections 213 and 214) Section 213 is often referred to as the ‘fraudulent trading’ provision. (Dignam Lowry 2006 Ch. ) This section arises if the court is satisfied that company carried on any of its business ventures with the intention of defrauding the company’s creditors or the creditors of anyone else. Section 213 will also arise if the court finds that the company acted for any other fraudulent reason and persons involved in those fraudulent ventures can be found liable for the company’s debts. In order to satisfy the court of the existence of fraud Section 213 requires proof of ‘actual dishonesty, involving, according to current notions of fair trading among commercial men, real moral blame’. The . Section 214 does not impose as onerous a burden or standard as does Section 213. It is not necessary to prove an intention to defraud. Section 214 applies to the period just before a company begins winding up procedures. Section 214 arises when the court is satisfied that the directors either knew or ought to have known that the company was becoming insolvent and continued to trade anyway. The director can be liable for the company’s debts in these instances. (The Insolvency Act 1986 Section 214) Section 227 of the Companies Act 1985 makes further provision for lifting the veil of the corporation. This section arises in instances where it is necessary to require the production of group members or group accounts to verify whether or not a subsidiary’s financial activity is that of the holding company. (Companies Act 1985 Section 227) The judiciary has also demonstrated a will to lift the corporate veil whenever the ends of justice desire it to be done. The circumstances in which the court will ignore the corporate veil are ill-defined and the impression is that these circumstances are developed on a case by case basis. Professor Gower said that ‘challenges to the doctrines of separate legal personality and limited liability at common law tend to raise more fundamental challenges to these doctrines, because they are formulated on the basis of general reasons for not applying them, such as fraud, the company being a sham or facade, that the company is the agent of the shareholder, that the companies are part of a single economic unit or even that the interests of justice require this result. ’ (Davies 2003 p 184) Adams v Cape Industries Plc [1990] Ch 433 is viewed by Gower and Davies as the leading case on the exceptions to the corporate veil. In the case the Court of Appeal said that it is not satisfied that the ‘court is entitled to lift the corporate veil as against a defendant company which is a member of a corporate group’ merely on the grounds that the company was used to shield a member of that group from future liabilities of the company. As a matter of fact, the Court of Appeal maintained that this was a legal right by adding ‘whether or not this is desirable, the right to use a corporate structure in this manner is inherent in our corporate law. ’(Adams v Cape Industries Plc [1990] Ch 433) The courts tend to be rather inconsistent with its position on the grounds upon which it will displace the laws protecting the corporate veil. While Adams v Cape Industries Plc was very strict in its position in favor of safeguarding the corporate veil, the House of Lords was rather liberal in DHN Food Distributors Ltd v Tower Hamlets London Borough Council [1976] 1 WLR 852. In the latter case Lord Denning speaking of a parent company and its subsidiary holdings said, ‘these subsidiaries are bound hand and foot to the parent company and must do just what the parent company says’. He went on to say ‘this group is virtually the same as a partnership in which all the three companies are partners. They should not be treated separately so as to be defeated on a technical point’. (DHN Food Distributors Ltd v Tower Hamlets London Borough Council [1976] 1 WLR 852) It wasn’t long before the courts departed from the position taken by Lord Denning. Woolfson v Strathclyde R. C [1978] SLT 159 the House of Lords took issue with Denning’s view on the nature of holding companies and the groups under them. The Lords maintained that the corporate veil would not be displaced unless it was shown that the company was a facade. (Woolfson v Strathclyde R. C [1978] SLT 159) In Trustor AB v Smallbone (No. 2) [2001] 1 WLR 1177 the court was adamant that the corporate veil would only be lifted in three circumstances. They were, 1) if the court was satisfied on the evidence that the company was a mere sham or facade, 2) the company itself was involved in some impropriety or 3) where the interest of justice required it. (Trustor AB v Smallbone (No. ) [2001] 1 WLR 1177) Earlier cases identified appropriate circumstances where the court might find that a company was indeed a facade. In Gilford Motor Company Ltd. v Horne [1933] Ch 985 the court found that the company was a facade. In this case an employee bound by a covenant not to solicit the business of his employers, left his employment and set up a company which he used to breach the covenant. The employee argued that while he was bound by the covenant, the company was not. (Gilford Motor Company Ltd. v Horne [1933] Ch 985) In another case the defendant signed an estate contract with the plaintiff for the sale of realty to him. The defendant changed his mind and formed a company, transferring the realty to the company. He claimed that he was no longer the owner of realty and therefore no bound to the terms of the estate contract. The court found that the company was a mere facade for the defendant and he was ordered to sell the realty as per the estate contract. (Jones v Lipman [1962] 1 WLR 832) The Court of Appeal identified three instances in which it would be appropriate for the corporate veil to be lifted. The court said, ‘save in cases which turn on the wording of particular statutes or contracts, the court is not free to disregard the principle of Salomon v A. Salomon Co Ltd [1897] AC 22 merely because it considers that justice so requires. Our law, for better or worse, recognises the creation of subsidiary companies, which though in one sense the creatures of their parent companies, will nevertheless under the general law fall to be treated as separate legal entities with all the rights and liabilities which would normally attach to separate legal entities. (Adams v Cape Industries Plc [1990] Ch 433) Adams has effectively narrowed the circumstances in which the courts will intervene and lift the corporate veil. This is unfortunate since changing times together with the complex development of both the corporate structure and company law, the Salomon v Salomon Co. rule is in reality perhaps out of place today. (Gallagher Zeigler 1990) Although there have been times when the courts have shifted away from this ruling it remains the poster child for the criteria to be met when determining whether or not to life the veil of the corporation. The prevailing attitude is to safeguard against lifting the corporate veil. Question 2b) The doctrine of majority rule has been a long established principle of Company Law within the English Legal System and makes it difficult for minority shareholders to take legal action in respect of majority shareholder improprieties. That said, Rebecca as a minority shareholder is protected to a limited extent by the provisions of Section 459(1) of the Companies Act 1985. The development of the common law doctrine of majority rule was enunciated in Foss v Harbottle. The rationale behind Foss was that any difficulties within the structure of the company ought to be dealt in the general meetings of the company by ratification by the majority shareholders. The prevailing attitude of the courts was one of nonintervention. It would only step in if it was for the purpose of dissolving the business. The facts of Foss v Harbottle reveal that in 1835 a company, Victoria Park Company purchased land in the Manchester primarily for residential purposes. Thomas Harbottle, a director of Victoria Park Company had purchased the property and resold it to Victoria Park Company who eventually developed the property. Richard Foss and Edward Turton, shareholders of Victoria Park Company brought an action against Thomas Harbottle alleging breach of fiduciary duties in that he sold the property to the company at an inflated price. Turton and Foss also claimed that, acting outside of their powers as directors the directors had burrowed funds in the name of the company. The court held that plaintiffs had no locus standi, and that they were required to have obtained the company’s approval to commence legal action. This approval is properly obtained by virtue of a general meeting. In Foss v Harbottle, Wigram VC explained that ‘the corporation should sue in its own name and in its corporate character, or in the name of someone whom the law has appointed to be its representative. ’ It would therefore only be permissible in exceptional cases of serious abuse that minority shareholders could sue the company as a defendant. This explains the relatively strict approach adopted by the courts in deciding representative forms of actions in the guise of minority shareholder oppression. Jenkins LJ in Edwards v Halliwell explained the justification of the majority rule doctrine in Foss v Harbottle when he said ‘the rule in Foss v Harbottle, as I understand it, comes to no more than this. First, the proper plaintiff in an action in respect of a wrong alleged to be done to a company or association of persons is prima facie the company or the association of persons itself. Secondly, where the alleged wrong is a transaction which might be made binding on the company or association and on all its members by a simple majority of the members, no individual member of the company is allowed to maintain an action in respect of that matter for the simple reason that, if a mere majority of the members of the company or association is in favour of what has been done, then cadit quaestio’. This is where Section 459(1) of the Companies Act 1985 is important to Rebecca in respect of what appears to be ‘insider dealing’, mismanagement and perhaps even fraud. Section 459(1) of the Companies Act 1985 provides as follows:- Any member of a company may apply to the Court by petition for an order under this section on the grounds that the affairs of the company are being or have been conducted in a manner which is unfairly prejudicial to some part of the members (including at least himself) or that any actual or proposed act of omission of the company (including an act of omission on its behalf) is or would be so prejudicial. ’ David Partington, notes rather bluntly, that the discretion contained in Section 459 is very broad and perhaps infinite. ‘The breadth of s. 459 means that there must be an infinite range of situations in which it may be employed. Partington goes on to say that the courts have been extremely flexible in their application of the term ‘unfairly prejudicial. ’ The test for ascertaining whether or not conduct is ‘unfairly prejudicial’ is an objective test rather than a subjective one. The defendant’s motives are often times not of paramount importance to the courts. In Re Bovey Hotel Ventures Ltd. it was held that ‘the test . is whether a reasonable bystander observing the consequences of (the defendants) conduct would regard it as having unfairly prejudiced the petitioners interests. The remedies are no longer limited to ‘winding up’ procedures and this of course explains the wider discretion for commencing an action by minority shareholders. Among the remedies available are, rectification, injunctive or ‘buyout relief. ’ By virtue of ‘buyout’ relief, the court makes an order requiring the company to purchase the shares of the petitioning minority shareholders. This is perhaps the best course for Rebecca to follow. She might not wish to remain a part of a company in which she has all but lost faith in. Re Sam Weller Sons Ltd. rovides some useful guidance as to the kind of conduct that might amount to ‘unfairly prejudicial’ within the meaning of the 1985 Act as amended. For example, failing to pay a dividend in the absence of a sound commercial explanation for such a failure amounts to ‘unfairly prejudicial’ conduct’. In Sam Weller’s case the dividend had already been covered 14 times with the company declaring it for the past consecutive 37 years. In interlocutory proceedings, Gibson LJ denied the company’s application to strike out the petitioner’s claim noting that the company had a case to answer.

The Social And Legal Factors Economics Essay

The Social And Legal Factors Economics Essay Barratt Development plc, a national house builder in the UK construction industry, listed in the FTSE 250, is the second largest house builder in the UK by revenue and by market size (LSE 2010). Like its two biggest competitors, Taylor Wimpey plc and Persimmon plc, it has within the last two years been badly affected by the recession which hit the UK economy in 2008. Before then the company, which was founded in 1958 in Newcastle upon Tyne, had enjoyed relative boom in the UK house building sector, culminating in the acquisition of Wilson Bowden plc in 2007. This acquisition enabled the company to effectively expand its commercial property development arm. As at present, Barratt Developments is represented in all house sectors in the UK, with Barratt Homes in the residential housing market, David Wilson Homes in the up-scale housing market, Ward Homes (a regional brand operating in Kent and south-east), and Wilson Bowden Developments in the social housing and commercial property deve lopment market. The onset of the recession has however presented unprecedented challenges to Barratts operations, causing it to have to rethink strategies and policies in a bid to reduce mounting debts and cope with falling house prices and a drop in sales due to falling demand for new homes. Business-related events Political Factors Political, economic, social, technological, legal and environmental factors in the UK have in the past determined strategies adopted by Barratt Developments plc and will continue to do so. Political decisions determine economic and regulatory policies which have to consider in formulating strategy. For example, the governments Home Owners Mortgage Support Policy Scheme assists home owners who have met certain criteria and are unable to meet their mortgage commitments to pay off their mortgages by providing up to 80% of total interest guaranteed (Communities and Local Government 2010). This policy will in some way determine part of Barratts strategy because the more people who can afford mortgages, the more houses developers like Barratt will sell. Social and Legal Factors Social and legal factors also affect the strategies Barratt adopts because change in patterns of living may dictate what type of houses become more in demand, (for example, family style houses as opposed to flats or vice versa), while changing laws and regulations also have to be satisfied in the course of carrying out their core business activity. Economic Factors The main focus here however is on the prevalent economic factors and how Barratt responds in term of strategy. Lets look into the GDP and unemployment rate, the GDP has been fall even seriously compared to the previous recessions, most sectors of the economy are still struggling with the effects of the down-turn. The result, coupled with high unemployment rates, is that people have less money to spend, and tend to spend their limited resources on essential commodities. This invariably means that the high end market where Barratt is represented by the David Wilson brand may suffer. However, the government has made efforts to ensure that more credit is available for people through the banks by issuing bailout funds. These measures may yet still be inadequate, as depicted in a recent Financial Times Online article, where Barratt called for banks to increase lending and review current stringent mortgage criteria (FT 2010). These developments also means that Barratt may have to sell its c onsiderable stock of built houses at prices far lower than were originally estimated, in order to raise cash and improve liquidity. Porters 5 Forces Buyer Power Depends on individual buyers. Barratt sells to individuals and groups and the government. Individual customers have less bargaining power, while groups and government have more bargaining power. Supplier Power Many suppliers and therefore high competition, several alternative materials are available. Suppliers depend on the major house building firms like Barratt for repeat work and are likely to agree price discounts. Threat of substitute products Most products in the market are known already. Barratt is at the forefront of developing new products, so the threat of new products is relatively low for now. Barratts competitors Taylor Wimpey: Largest sales revenue, market size of 130,000 Persimmon Group: 3rd largest sales revenue, market size of 12,000 Berkeley Group: 4th largest sales revenue, market size of 6,000 Threat of new entrants to the market Barriers to entry: High capital requirement, land acquisition expertise, economies of scale, depresses property market. SWOT Analysis Strengths (internal positive factors) These will include Barratts diverse product portfolio which allows it to switch products with demand. The board of Barratt consists of five executive and five non-executive members from diverse. Barratts leading role in innovative house building technology is an advantage. Weaknesses (internal negative factors) Lack of adequate finance and debt is a continual setback to the survival of the company. Timing of merger with the Wilson Bowden brand has affected Barratt negatively in terms of finance within the last few years. Unsold stock of houses is still a problem as it ties up much needed cash. Opportunities (external positive factors) Advancement in technology and emphasis on sustainability means that Barratt can take advantage of its innovativeness to gain competitive advantage. The underdeveloped nature of the specialized retirement home market means that Barratt can expand to that market. The economic forecasts show that the recession has technically come to an end. Barratt can position itself to take advantage of the recovering economy when it fully sets in. Threats (external negative factors) Government plans to cut spending in future could hamper Barratts ability to reach full recovery. While is still tries to return to profitability, some of Barratts competitors are already profitable. This could pose challenges to Barratts progress. Consumer confidence in the market may not return to pre-recession levels long after the recession reverses.

Oishi: Strategic Marketing Plan

Oishi: Strategic Marketing Plan Part 1 Oishis Strategic Marketing Plan 1 Introduction Oishi is the leading snack food manufacturer in China. Since its establishment in 1993, Liwayway Holdings Company Limited, owner of the Oishi brand, has been in the cutting edge of innovation and aggressive marketing activities. The company rapidly expanded across the country and established a large distribution network. The Oishi brand has also become one of the most recognized snack food brands in China. Children have been the main consumer group of the Oishi products. However, market changes in the perception of snack food have occurred. Childrens parents become wary of the growing obesity problem among the children. The obesity dilemma has been attributed largely to salty snack foods being consumed by children. Numerous studies were conducted showing the direct relationship between â€Å"junk foods† and obesity. Parents are now shifting to healthier food for their children. The market for the traditional salty snack food and other similar food will be affected significantly by this change in consumer behavior. Hence, Oishi should develop a new marketing strategy to maintain its leadership and overcome the threat of its consumers changing or shifting to other food. In this marketing plan are proposed steps to improve its current marketing activities and provide new and additional alternatives. The development of a marketing mix geared toward manufacture of new food products that satisfy customer needs and wants is the major proposition in this marketing plan. A shift in target market segment is also recommended, identifying the young adults (ages 18-34) as the new primary consumer base for the Oishi brand and products. 2 Background Oishi is a leading snack brand in China manufactured in more than 100 variants of snack foods. The brand is manufactured under various product lines of salty snacks such as potato chips, prawn crackers, peanut crackers as well as other snack food including cookies, popcorn and corn curls, cereals, and marshmallows. Among Chinas vast market, Oishis principal consumers are children. The Oishi brand is owned by Liwayway Holdings Company Limited (LHCL), which traces its roots to the Liwayway Marketing Corporation (LMC) established in the Philippines in 1946. Carlos Chan, owner of the LMC, embarked on an ambitious expansion plan in China in 1984 and set his attention to Shanghai. Nine years later, Chan established the LHCL to manufacture, distribute and sell Oishi products in the country. The company aggressively marketed the Oishi brand targeting the children segment of the market as its primary consumers. LHCL grew rapidly in the following years by expanding outside Shanghai and building manufacturing and distributing facilities in other parts of China. The company established sales and distributions across the country, which included urban cities and smaller inner towns. LHCL was able to establish a network of more than 400 dealers nationwide. Due to the aggressive marketing strategies and strong management capabilities of LHCL, the Oishi brand became a famous snack brand in the country. Oishi was eventually recognized as a Shanghai Famous Brand in 2001 and was awarded as a China Famous Brand in 2006. The company took bolder steps and entered the market of Vietnam in 1997 and Myanmar in 2006. At present, expansion in Thailand and Indonesia is under development (Oishi.com.cn). 3 Strategic Objectives The creation of strategic objectives of the marketing plan is necessary, as it will serve as the companys guide and measurement in achieving its goals. The firms strategic objectives will aid it in gaining competitive edge in the industry and maintain its leadership. The primary objectives for this marketing plan are the following: To be the industrys leading manufacturer and seller of healthy and quality snack foods Deliver customer satisfaction and establish long-term relationships with customers Improve production and distribution process by establishing long-term relationship with both suppliers and distributors Increase profitability by providing quality snack food with added value but at lower costs In order to achieve these strategic objectives, the following specific marketing objectives and strategies will be employed: Raise market share to 20% for the next five years Increase advertising and promotional activities by utilizing all forms of media communications broadcast, print and electronic (primarily the Internet) to increase greater awareness of the Oishi brand and its products Augment and amplify nationwide presence by establishing more distribution points and getting more sellers and distributors Increase production and offer more product variants that use health-enhancing ingredients to capture other segments of the market Improve worker productivity The above strategic marketing objectives will serve as a guide in the creation and employment of a marketing plan. 4 Environmental Scan of Factors that Affect China Snack Industry Competition China is an attractive market due to its large population and strong economic potential. In almost any industry, numerous firms are vying position to become a leading player. The snack market is not an exception to this competition. Chinas snack food industry is highly competitive with various companies seeking competitive advantage. The Chinese snack market is a $3-billion-a-year industry (Terhune, 2005), hence foreign and domestic companies are competing to gain a sizeable percentage of the market share from this profitable industry. 5 Five Forces Model Harvard Business School professor Michael Porter (1998) said that the state of competition in an industry is dependent on five basic forces, which ultimately will determine the profit potential in the industry. These five forces are intensity of industry rivalry, threat of new entrants, and threat of substitute products, bargaining power of buyers, and bargaining power of suppliers. Combined, these forces dictate the profit potential of the industry and its competitiveness. In table 1, a summary of the five forces affecting the industry competition is shown. 5.1 Industry Rivalry The Chinese snack market is composed of domestic and international players competing for a share of the market. Among the major competitors of the Oishi brand are foreign companies like Pepsi as well numerous local firms such as Wangwang, Master Kong and Dali. These competitors offer almost similar products but of different brands or trade marks, making the industry highly competitive. Due to the highly competitive characteristics of the industry, the there are many companies competing. It will be too costly as well to leave the industry and change products. However, despite the number of companies competing, Chinas large population with an increasing number of people capable of purchasing the snack food, the China market remains competitive and is far from maturity or being exhausted. 5.2 Threat of New Entrants The threat of new entrants is high as barriers to companies entering the competition are relatively low. Government regulations on the formation of companies entering the snack market are not too strict. Even community-owned companies can enter into the competition. Capital requirements for entering into the snack food industry do not need to be large. However, if a new company wishes to compete with the largest companies, this will serve as a barrier to them. As stated earlier, product differentiation is not present. Although brand identification is an important barrier to new competition, smaller Chinese companies can easily set up business although at a local level. As such, many smaller firms manufacturing and selling snack food are being set up across the country. 5.3 Threat of Substitute Products Substitute products for salty snack foods are foods manufactured with health-enhancing ingredients. Consumers, most especially the health conscious parents, can easily shift to these products for their children. The prices of the substitute products are also almost the same with the traditional snack foods being sold. Thus, consumers will not hesitate to buy substitute foods that are enriched with healthy ingredients. The USDA Food and Agricultural Service stated in a report that youth perception in food consumption is changing toward a healthier diet, especially those living in Shanghai (Global Agriculture Information Network [GAIN] Report 3). 5.4 Bargaining Power of Suppliers Suppliers can possess significant bargaining power with regard to the pricing of their products if they act as a group dominated by a few companies and they more concentrated than the industry they sell to (Porter, 1998). However, in the case of China, suppliers are scattered around the country and are not acting in a group. They also do not offer unique or differentiated materials to sell to the industry players. Suppliers also do not possess that capability to integrate forward into the industry. Thus, suppliers do not have sufficient bargaining power in the Chinese snack food industry. 5.5 Buyers Bargaining Power Porter (1998) said that buyers can exert influence in the industry if the following characteristics are met: They act as a group, Purchase in large volumes, The products are undifferentiated, forms component form of the product and represents a significant portion of the cost, The quality of the product is unimportant to the consumer, The product does not save the buyer a money, The buyers pose a credible threat of integrating backward to make the companys product. Except for the products being undifferentiated, buyers do not possess the capacity to exert influence in the industry since most of the characteristics mentioned above are not present. Hence, Chinese consumers are not significant in influencing the industry players. However, with the recent trend of the changing consumer perception and demands on higher quality products, the consumers are now looking for healthier snack foods. Thus, they are beginning to acquire power to influence the manufacturers of snack food to create health-enhancing processed food. In sum, the Chinese snack food industry is highly competitive but is far from maturity. Profitability is still achievable at a high rate due to the large market of China. However, with the numerous companies jockeying for position in the industry and the changing consumer needs and value perception on snack food, LCHL needs to adopt a new strategic marketing plan in order to sustain its current leadership. 6 SWOT Analysis After identifying the factors affecting the competitiveness of the industry, an analysis of the organizational strength and weaknesses is also necessary in order to determine the aspects it needs to improve and alter. The identification of opportunities and threats is also important to aid the organization in drafting a marketing plan and identify the areas it needs to put focus on. A summary of the SWOT analysis is shown in table 2. Table 2 SWOT Analysis on LHCL Organization Strengths * Strong brand recognition * Good reputation in the industry * Adequate access to raw materials * Numerous varieties of products to choose from * Good networking and distribution system Weaknesses * Lesser appeal to the other segments of the market, especially the young adults * High cost structure * Insufficient patent protection Opportunities * Large portion of domestic market still not saturated * Shift or diversification to health-enriched food ingredients * Potential of expansion in the international market * Advancement in technology * Loosening up of international trade barriers Threats * Shift in consumer choice from traditional snacks to health-enhancing snack food * Emergence of new products * Flood of substitute products * Growing number of smaller firms entering the industry 6.1 Strengths The companys primary strength is its strong brand recognition across the nation. Oishi is a nationally recognized brand being awarded numerous titles. LHCL also has built a good reputation in the industry through its organizational management and innovativeness. The company has adequate access to raw materials and developed a good relationship with its distributors and sellers. Another strong point of the Oishi brand is the wide selection of product variants. Customers can choose from a range of products that suit their needs. 6.2 Weaknesses A weakness of the Oishi brand is its lesser appeal to the other segment of the market, most especially young adults in the range of 15-25 years old. This segment comprises a significant portion of the population and can increase the revenue substantially. LHCl also has a high cost structure, by having numerous facilities and employees. Although this characteristic can be considered as strength that the company possesses over its smaller rivals and in order to achieve a greater market share, this could be a potential weakness in terms of reacting rapidly to strategic market changes. The company also has insufficient patent protection. Protecting the companys formulas and ingredients in creating products is an advantage over competitors. This provides differentiation for the Oishi brand over other brands in the market. 6.3 Opportunities A large portion of the domestic market in China is not yet fully saturated, thus providing core opportunities for LHCL to grow. The company can still expand its operations inside the country to reach more consumers, especially in the inner towns. The advancement in technology such as the increasing utilization and importance of the Internet also provides opportunity for the company to have greater access to consumers. Technological advancements also offer improvements in the manufacturing processes of the company and in research and development area to improve its products. There is also a potential to expand in the international market as developing countries become more responsive to globalization. The relaxing of trade barriers in many countries such as tariffs due to globalization provides an opportunity for Oishi to penetrate overseas markets. 6.4 Threats The biggest challenge that company faces is the changing consumer taste in snack food. Consumers are now more conscious about their health, most especially parents of children that eat or consume the products. Numerous studies show that â€Å"junk foods† such as salty snacks are a cause of obesity. Marshall et al (2007: 175) suggested that parents overindulgence to their childrens whims such as requesting so much junk foods cause obesity, thus they recommended that parents should not give in to their childrens requests. With this changing consumer perception is the emergence of new snack food products that are enriched with healthier ingredients. Substitute products are now also flooding the market due to the growing awareness on obesity among children. These serve as threat to Oishis traditional snack food products. Also, the increasing number of smaller firms poses a threat to the company as they can eat up a significant portion of market. Although they operate on a smaller scale, they are numerous and present in every market where LHCL operates. 7 Marketing Plan Strategy involves the creation of a plan that integrates the organizations objectives, principles, policies and decisions and sequences of action into a cohesive whole (Proctor, 2000). A marketing plan is a strategic plan of action that an organization develops and employs to achieve its strategic goals as well as deliver customer satisfaction. Strategic marketing is therefore a challenge upon organizations to manage marketing complexities, satisfy customer and stakeholders expectations and reconcile market changes with the organizations resource capabilities (Bradley, 2003). Hence, the creation of a strategic marketing plan will provide definite and measurable steps that an organization can take to achieve its objectives, gain competitive advantage and deliver customer satisfaction and meet stakeholders expectations. Various forms of marketing methods can be applied in the development of a marketing plan. One form of marketing technique is the marketing mix. The 4Ps (product, price, place and promotion) of marketing mix is designed to develop a mix or package of products that meet the customers needs and wants. 7.1 Products As stated earlier, consumers are now changing their perceptions on snacks. The consumers, particularly the mothers of young children, are more conscious about the health benefits they or their children could get from the products they buy. A very important question here is, â€Å"Does the company produce the products that the consumers want?† It is not the company who will dictate what products it would sell but the consumers should dictate what products they should buy. Hence, it is necessary for LHCL to manufacture snack food products that satisfy the desires of their consumers. The firm should start using health-enhancing ingredients while minimizing the changes it could make to the products. It is also necessary to create product differentiation. The Oishi brand should be differentiated with other brands by the adding more characteristics to the products, such as lowering its costs or providing incentives to consumers and customers. 7.2 Price The prices of Oishi products should be competitive in order to attract more customers and consumers. At present, the prices of the Oishi snack food are competitive. However, the firm can add more value to the products by giving freebies or additional benefits to loyal customers. This will ensure that loyal customers will not shift to other brands. It will also entice new customers, particularly those in the areas not yet covered by the company. 7.3 Place LHCL should expand its presence all over the country to include more inner townships and communities. The current distribution network of the company, which comprises large distribution enterprises and small family businesses, can be enlarged to include community-owned enterprises as well as direct sellers. In places where there are no available distributors, the company can put up its own distributing centers. The Internet is also another place for distribution or can be used to enhance the current distribution system of the company. Orders can be placed online and a tracking system can track the progress of the orders. Retailers can and wholesale distributors can use this facility with regard to their purchase orders. 7.4 Promotion Promotional or advertising programs are necessary to increase consumer awareness on the Oishi brand and its products. In increasing consumer-awareness, the company should increase its advertising and promotional activities. The company should put significant investment in advertising so that revenue-generation can be increased even more. It can enhance increase sales by 20-50% and entice more customers thereby increasing market share. All forms of media must be utilized such as the traditional advertising facilities in the print and broadcast media. The Internet is another major tool for promoting the product. Presently, the companys website provides basic information on the products. The website can be enhanced by adding more information such as the health benefits that the products can offer to the consumers. The US FAS said that young adults or the 80ers (those belonging to the 18-34 year-old range) are increasingly using the Internet in buying snack food. Thus, LHCL can use the I nternet to increase its sales and attract these â€Å"high-tech† consumers. 7.5 People In order to implement the marketing mix program, a creative marketing department or team must be established. The creative team will be responsible for the development of creative advertising materials and promotional tools. They will do further market research to identify which segment of the market is most receptive of the products and to identify more specifically the consumers needs, desires and buying behaviors. 8 Market Segmentation Market segmentation is necessary to identify the specific consumer base of the company. As stated by Proctor (2000: 189), segmentation is a powerful component of marketing strategy. The Chinese snack food market is composed mostly of young adults and children as the main consumer groups. Traditional consumers of the snack food belong to these generations. With the inclusion of parents as guiding their children in selecting snack foods, the Chinese snack food market is a $3-billion industry. Previously, Oishi is targeted towards children. Children below 15 years old were the previous main consumer group for the Oishi products. However, numerous studies (Mrshall et al.; Curtis McCluskey; French et al.) show that children are becoming obese due to eating â€Å"junk foods† such as salty snacks, potato chips, and other similar products. Parents are already concerned about this rising obesity trend on their children. Further, the US FAS also reports that young adults, particularly in Shanghai, are changing their perception on food consumption. The report states that the Shanghai youth are more likely to purchase high-quality food products such as fresh milk and organic produce (GAIN Report 3). LHCL should therefore target these consumers to be its main consumer base in the near future. The marketing mix design provided earlier specifically addresses this issue. The marketing mix is focused on attracting the young adults and health-conscious consumers. They will be the primary consumer base of the Oishi brand. Part 2 Report Marketing concerns satisfying customer needs and wants and in doing so paves the way for achieving the organizations objectives (Proctor, 2000). This is a general principle applicable to all organizations in the business community. Since the opening up of China in the global market, numerous companies have put their investments in the country in the hope of establishing a leading position or at least take a substantial portion of the large Chinese market. Due to the unprecedented increase of foreign firms, domestic competition in every industry has intensified. However, local or domestic brands are still preferred by Chinese consumers at the expense of foreign multinational brands (Ewing et al, 2003: 84). Nevertheless, the presence of global corporations in China provides competition against domestic companies. Developing an appropriate marketing strategy that will satisfy customer demands should be the goal of every organization in order to achieve competitive advantage and attain the organizations objectives. As Proctor (2000) stated, marketing is about the competitive positioning of products and services in the minds of the customers. It is also about the communication of messages and images (reflecting product and service positioning) and the means which are used to convey these messages and images to the customers. Although there is a preference for local brands by the Chinese, the presence of foreign companies are to be considered a major threat as they are capable of creating products and services that meet the needs and wants of the consumers. It is important that every organization should analyze the market conditions and the relationships that exist within the market in order to identify which segment of the market to target. Market segmentation is therefore another crucial factor in the creation of a marketing strategy. Proctor (2000) points out that market segmentation amounts to partitioning a market into a number of distinct sections, using criteria, which reflect different and distinctive purchasing motives and behavior of customers. Separating the market into various segments or groups helps companies determine their specific market and establish a loyal customer base. This is particularly important for entering new markets as well as maintaining current position in market. Another significant concept in marketing is the product life-cycle. This concept is a sequence of stages to determine the life-cycle of a product or service. There are four stages, namely introduction, growth, maturity and decline, in the product life-cycle. In the introduction stage, the new products are introduced into the market. An organization will seek to build market awareness on the product and establish a market for it. Once introduced and a market has been established, the product will be marketed and sold and new features may be added to expand its market this is the growth stage. The product will then reach its maturity, and at this stage improvements will be needed to maintain its peak such as lowering its price or new distribution channels are created. When the product saturated its maturity stage, a decline in sales will occur. This is the declining stage. At this point, the company may choose to maintain the product and sell it to a loyal segment of the market or stop its production. The product life-cycle concept is necessary so that LCHL can manage its products and plan for future products or services when the current offerings have reached their declining stages. An important marketing principle as well is the Boston Consultancy Group (BCG) growth-share matrix. This concept is relevant to companies with several portfolios. Under the BCG matrix, a companys different portfolios or divisions growth and market share will be analyzed and categorized into four elements; cash cows, stars, question marks and dogs. Cash cows represent portfolios that generate more profit than the expenses it incurs. Stars generate large amounts of cash, but also consume a large amount of money due to its relatively large market share. Question marks, on the other hand, are portfolios that grow rapidly but generate less income due their low market shares. Dogs, meanwhile, are those portfolios that have low market share and low growth rate, and therefore generate low income. (NetMBA.com). This matrix is particularly important for Oishi brand so that the company can identify which of its product variants are cash cows, stars, question marks or dogs and which portfolio ne eds to be improved. All of the above concepts can contribute to achieving competitive advantage for a company. It is common that every business organizations ultimate and strategic goal is to gain competitive advantage over its rivals. Carpenter et al (2001) said, â€Å"Competitive advantage can arise from satisfying customers better, faster or more cheaply than competitors†. Porter (1998) said that the competitive strategy takes offensive or defensive actions to create defendable position in an industry, in order to cope successfully with competitive forces and generate superior return on investment. He added that the basis of above-average industry performance is sustainable competitive advantage (qtd in 12Manage.com). In the Porter model, competitive advantage has two basic types; cost leadership and differentiation. Cost leadership occurs when a company offers the same product or service at a lower price than its rivals. Differentiation advantage occurs when a company delivers higher quality products or services at the same price as its competitors. A third type, focus, appears as an advantage when a company focused its strategy on a particular or narrow segment of the market to create a loyal base of customer and become the company of choice in the same market segment. In sum, the above marketing concepts help in gaining competitive advantage and profitability for the company. Hence, LCHL should adopt all the concepts stated above and incorporate those in its corporate strategy and strategic marketing plan. It is necessary that LCHL should maintain its current leadership by creating a competitive marketing strategy. Reference About Oishi. Liwayway Holdings Company Limited, n.d, from http://www.oishi.com.cn/en/about.htm. Bradley, F (2003) Strategic marketing: in the customer driven organization. Chichester: Wiley Print. Carpenter, G., Glazer, R and Nakamoto, K. (2001) â€Å"Market-driving strategies: toward a new concept of competitive advantage†, Kellogg on Marketing. New York: Wiley Press, pp. 103-130. â€Å"Competitive Advantage†, 12Manage.com. 12 Manage, n.d. Web. Ewing, M., Napoli, J and Pitt, L. (2003) â€Å"The development of domestic brands in China†, Chinese Economic Transition and International Marketing Strategy, pp. 84-95. French, S., Jeffrey, R., Story, M., Breitlow, K., Baxter, J., Hannan, P and Snyder, P. (2001) â€Å"Pricing and promotion effects on low-fat vending snack purchases: the CHIPS study†, American Journal of Public Health, pp. 112-117. â€Å"Global agriculture information network. Shanghais youth market: changing perceptions in food consumption†, USDA Food and Agriculture Service, People Republic of China Market Development Reports, Retrieved November, 2008. Marshall, D., ODonohoe, S and Kline, S. (2007) â€Å"Families, food and pester power: beyond the blame game?†, Journal of Consumer Behavior, pp. 164-181. Porter, M (1998) On competition, Boston: Harvard Business School Publishing. Proctor, T (2000) Strategic marketing: an introduction, London: Routledge Press. Terhune, C (2005) â€Å"To bag Chinas snack market, Pepsi takes up potato framing†, The Wall Street Journal Online. â€Å"The BCG growth-share matrix.† NetMBA.com. NetMBA, n.d. 360 Degree Feedback: Analysis 360 Degree Feedback: Analysis 1. Introduction The researcher has highlighted the research question, aim and objectives, before the specific introduction to give a clear picture of the dissertation. 1.1 Research Question To ascertain whether 360 degree feedback could prove to be a promising appraisal mechanism for the staff motivation and development in the current economic crisis and funding cuts? 1.2 Aims and Objectives The research sets out to explore the relevance of 360 degree feedback appraisal system in contrast to the traditional appraisal process currently functional in the library and technical services department of the University. What is 360 degree feedback and in what ways it could prove to be an efficient tool for continuous improvement, development? What is the current functional appraisal technique in the universities library/technical services department and the benefits of introducing 360 degree feedback as an appraisal tool? To analyse the functions/pitfalls of introducing 360 degree feedback within the library/technical services department of the University, with an emphasis on its use for the continuous improvement, development and motivation of the staff. 1.3 Specific Introduction â€Å"University staffs tend to report high levels of stress at the best of times, and academic staffs usually rate their experience of stress as higher than other staff groups in the higher education setting,† (Easton and Laar, 2010). The current funding cuts by the government and the global financial crisis demands a major change in the way various processes function across universities in United Kingdom (UK). The current study is an endeavour to address the numerous limitations in between the traditional appraisal system and the 360 degree tool. The researcher aims to expand the literature that previously exists on the 360 degree appraisal system and to analyse why the gap exists in between both the processes. The researchers primary focus is on the staff motivation and personal development as the key factors that need consideration within the University of Huddersfield. The researcher has given a thorough critical analysis of the 360 degree feedback appraisal system through the review of the academic literature and has focussed on identifying whether or not there are any benefits of using 360 degree feedback over the traditional appraisal systems. As stated by Mason, et.al, (2009), multi-rater feedback is by fa r the best tool for staff development and monitoring effective continuous development in any organisation. Borman, (1997); Javitch and Burke, (1995); Yammarino and Atwater, (1997) state that one of the elementary assumptions of the 360 degree feedback approach is about the employees specific workplace behaviour and when compared to an individuals perception, can act like a catalyst and prove extremely beneficial for enhancing the employees self awareness, self development, motivation and subsequent behavioural change (Church, 2000). Concurrently, Cardy, et.al., (2011), critic that although the evaluation from 360 degree feedback includes feedback from all directions managers, colleagues, customers and the responses from all the point of views propose immense probability for improvement, insight and learning, the feedback from these multiple source seldom agree. On the rating scale, colleagues may rate some characteristics higher while managers may rate those very characteristics lo wer and likewise. The whole prototype of 360 degree feedback interpretation and evaluations can draw a perplexing image of the feedback which will hardly be of any significance to the individual in improving their performance. The underlying rationale of this study has been to evaluate the pros and cons of the traditional appraisal system currently functional in the university, and to analyse by what extent the human resource department, can benefit by introducing 360 degree feedback as their employee appraisal mechanism, especially in relation to the motivation and development of staff. 1.4 Research Plan The below figure (Figure.1) gives a diagrammatic representation of the research plan. The researcher has used the mind mapping technique to construct the research plan (Buzan and Buzan, 2007), which gives a clear picture of how the research task is carried forward as per the time line set by the researcher. The research plan has helped the researcher to carefully pre-plan the actions that needed to be taken during the research. In the following chapters the researcher has critically analysed the 360 degree feedback tool. The literature review covers the latest developments in the 360 degree feedback mechanism along with a thorough comparison with the traditional appraisal system currently functional in the library and technical services department of the University of Huddersfield. The research methodology chapter gives a thorough account of the research design chosen by the researcher, the various techniques used for the research, discussions about the semi structured interviews and questionnaires, followed by the analysis of data, research findings and conclusion. Chapter 2 2 General Literature Review 12-21 2.1 Specific Literature Review 21-27 2.2 Summary of the Literature Review 27 2. General Literature Review â€Å"The way 360 degree feedback is done seems to be critical to successfeedback interventions depend for their effectiveness on the extent to which they augment task motivation and encourage learning, although there are moderating variables such as the nature of the task,† (Kluger and De Nisi, 1996; Tyson and Ward, 2004). 360 degree feedback is an appraisal system used in strategic Human Resource management (HRM) as an intervention and an evaluation technique for personal development of the employees (Cardy, et.al, 2011; Fleenor, 2008; Tyson and Ward, 2004). It has also been referred as the ‘‘vital sign of the modern organization (Fortunato and Smith, 2008; Church and Waclawski, 1998). In this process the employees receive confidential, anonymous response from colleagues, managers, customers, family members etc (Figure 2). About three to five people fill out an anonymous online feedback form that asks questions covering a broad range of workplace competencies. The feedback forms include questions that are measured on a rating scale and also ask raters to provide written comments. The person receiving feedback also fills out a self-rating survey that includes the same survey questions that others receive in their forms. Various authors have outlined that 360 degree feedback is quite effective as it is a non bias process which makes performance management a more objective and fair process (CIPD, 2009), in contrast to the traditional appraisal processes where in a lot depends upon how the appraiser perceives the individual, which can be bias and less transparent. The 360 degree feedback has been used in many organisations for the development of staff members, and the gap in the two appraisal systems is due to the bias nature of the traditional appraisal mechanisms over the transparency of the 360 degree f eedback process. While traditional measures of appraisal systems date back to decades, current literature highlights the multiple developments in the field of appraisal techniques (Dalton, 1996). One among the later developments in the field is the 360 degree feedback appraisal mechanism. This research has explored the relevance of 360 degree feedback appraisal system in contrast to the traditional appraisal process currently functional in the University. Specifically, the author has examined how employee motivation and personal development are affected by 360 degree feedback. The aim throughout the research has been on comparing the traditional appraisal system functional in the University of Huddersfield (UOH) with the 360 degree feedback methodology by exploring how it could contribute in the personal development and motivation of the staff members within the University of Huddersfield. Meyer, (1991); and Folger and Cropanzano, (1998), disagree that evaluations of traditional appraisals are often positively inflated as usually the appraisers are not trained to give negative feedback, and if this is the manner in which the appraisals are conducted then the effectiveness of the performance management process will significantly be undermined (Guangrong, 2010; McCarthy and Garavan, 2001). Therefore one could state that if the tool if used accurately it can provide a non bias and more transparent appraisal system, which may decrease the possibilities of employee dissatisfaction in contrast to the traditional appraisal mechanism, and can emerge as an excellent motivational factor for the employees. As a matter of fact ‘360 degree feedback can significantly enhance the performance management process (Staff360, 2011; CIPD, 2009). However Fleenor, (2008) and Vinson, M.N. (1996) disregards the facts about the effectiveness of 360 degree feedback as people may use their role as a feedback provider as an opportunity to criticize others behaviour at work. According to Chartered Institute of Personnel and Development, (2009) if the 360 degree tool is perceived to be in any way threatening, it can seriously damage both commitment and performance. â€Å"It is important that people receive regular honest feedback on their performance. They should understand how their role contributes to overall organisational aims and objectives and how they are performing against agreed criteria. 360 degree feedback can enhance this process by widening the scope for information from the line manager relationship to embrace a wider range of opinion. However, it is important that this is carried out sensitively and fairly,† (Staff360, 2011). Lepsinger and Lucia, (2009); Fleenor, (2008); Tyson and Ward, (2004) comprehend that there are direct evidences of employees performance improvements from 360 degree feedback appraisal mechanism. Various authors research prove that 360 degree feedback also results in improved customer satisfaction, improved management skills and these improvements motivate the employees to work on their identified strengths and use them for advancement in their carrier (Edwards and Ewens, 1996; Hazucha et al. 1993). Hence, the current study is an attempt to deal with the several limitations, and develop the literature that previously exists on the 360 degree appraisal system and to analyse why does the gap exist in between the traditional appraisal system and the 360 degree tool. â€Å"The University of Huddersfield has charitable status as an exempt charity under Schedule 2 to the Charities Act 1993 (amended by the Charities Act 2006). It is therefore subject to charity legislation but is not required to register with the Charity Commission and is not regulated by it. As an exempt charity, the University does not have a registered charity number. In 2010, the Higher Education Funding Council for England took over as the ‘Principal Regulator for the institutions it funds and now has a general duty to promote compliance with charity legislation. This does not affect the Universitys status as an exempt charity,† (hud.ac.uk, 2011). The UK governments educational funding slice and the recession hit economy demands a drastic alteration in the way various processes function across the Universities in UK. However, since the 360 degree feedback is a tool primarily developed and used mainly in the private sector organisations, there is a challenge in its implementation in a public sector or a third sector organisation and as in this case, the University of Huddersfield which is a registered for charity organisation. Brutus et al., (1998) support that the reactions to performance measurements may vary between public and private sector organizations—public sector managers underestimate their achievements compared with private sector managers, for example. Hence, based on these findings one could ascertain that there is a greater need for motivation and development of employees in the public/third sector organisations, and the 360 degree performance appraisal system is an HRs ideal response to combat such issues. As suggested and supported by Lepsinger and Lucia, (2009); Borman, W.C. (1997); Javitch, M.J. and Burke, W.W., (1995); Yammarino, F.J. and Atwater, L.E. (1997), one of the elementary assumptions of the 360 degree feedback approach is about the employees specific workplace behaviour and when compared to an individuals perceptions, can act like a catalyst and prove extremely beneficial for enhancing the employees self awareness, self development, motivation and subsequent behavioural change (Church, 1995, 2000). The researcher has explored the 360 degree appraisals methodology that has become popular in human resource circles over the last few years, wherein the employees performance is assessed by their colleagues, managers and others and has analysed its benefits over the traditional appraisal processes. Brown, (2006) criticizes that while the 360 degree process seems like an interesting idea; it involves more meetings and many forms to be filled out in comparison to the traditional appraisal systems. However Maylett, (2009) and Wiley, (1993) supports that 360 degree feedback can prove to be a good instrument for the staff development as this process gives an individual in-depth performance feedback and hence based on the findings the employee can work on their personal development, by getting trained in the area where there weakness lies and the time lost in filling the extra forms are worth the effort. Arguments from different authors suggest that the feedback systems have always been in to existence in the organisations in some form or the other, but of-late has been developed and given a name ‘360 degree feedback and according to Garavan, et al., (1997) 360 degree feedback process is like an ‘old wine in new a bottle. It is also known as multi-rater feedback and is an appraisal process in which the individual is assessed by themselves, colleagues, managers, stakeholders, customers, etc. The 360 degree instrument can be used to achieve various goals and one aspect of it is the need of continuous measurement of improvement efforts, development of staff and their motivation. Ward, (1997) defined 360 degree feedback as ‘the systematic collection and feedback of performance data on an individual or group derived from a number of the stakeholders in their performance. †Because of their shorter expected tenure, women are less likely to be as motivated by the deferred rewards of career ladders. As a consequence, she argues that employers with large shares of women have historically used shorter-term rewards and undertaken more routine and extensive monitoring,† (Brown and Heywood, 2005; Goldin, 1986). Various authors criticize that traditional appraisal techniques are not that effective in case of female employees and there are many incidences of gender bias in appraisals. Renowned authors, Brown and Heywood, (2005) support that ‘a major and recurrent criticism of the traditional appraisal process is its openness to subjective and discriminatory outcome. The primary goal of this research has been to expand beyond the current literature by analysing the data and results to create suggested policies for the University of Huddersfield, to implement pertaining to the improvement of staff morale and productivity. Furthermore, on reviewing the growing body of literature and the research on 360 degree feedback, the researcher was able to identify the usefulness of having 360 degree feedback over the traditional appraisal processes in the University of Huddersfield; the study has also given ample scope to the researcher in developing more insightful questions. The author has identif ied the various factors on which the success of 360 degree feedback mechanism depends; the literature supports that more effectively the 360 degree instrument is implemented the better are the results. Newbold, (2008) highlights that that if the tool is implemented accurately, with the proper training and the correct resources, a 360-degree appraisal could prove to be a powerful and positive addition to any performance-management system. The 360 degree feedback has been used in many organisations for the development of staff members, and the gap in the two appraisal systems is due to the bias nature of the traditional appraisal mechanisms over the transparency of the 360 degree feedback process. Various authors have outlined that 360 degree feedback is quite effective as it is a non bias process which makes performance management a more objective and fair process (CIPD, 2009), in contrast to the traditional appraisal processes where in a lot depends upon how the appraiser perceives the individual, which can be bias and less transparent. Maylett, (2009); Meyer, (1991); Folger and Cropanzano, (1998), argue that evaluations of traditional appraisals are often positively inflated as usually the appraisers are not trained to give negative feedback, and if this is the manner in which the appraisals are conducted then the effectiveness of the performance management process will significantly be undermined (McCarthy and Garavan, 2001). Therefore one could state that if the tool if used accurately it can provide a non-bias and more transparent appraisal system, which may decrease the possibilities of employee dissatisfaction in contrast with the traditional appraisal mechanism, and can emerge as an excellent motivational factor for the employees. However Vinson, (1996) disregards the facts about the effectiveness of 360 degree feedback as people may use their role as a feedback provider as an opportunity to criticize others behaviour at work. â€Å"Multirater feedback has several significant advantages over single-rater assessment. Rather than relying on the perceptions of one individual, multirater feedback takes into account multiple perspectives. Those working with the employee, along with the supervisor, are generally able to provide a more comprehensive picture of an employees behaviour or performance. This is especially critical when the supervisor does not have the opportunity to observe all areas of an employees performance,† (Maylett, 2009). Maylett, (2009); DeNisi and Kluger, (2000) support that ‘360-degree feedback for decision making affects the actual ratings given to the individual being appraised and these systems should be primarily, if not exclusively for developmental purposes (Figure 3). Furthermore, the conditions in which 360 degree feedback work in an organisation largely depends upon the perception of 360 degree feedbacks potential to enhance human resource management system of the organisation. As suggested by Lepsinger and Lucia, (2009) factors like culture (that supports openness and honest feedback) and systems (that minimise irrational responses and have built in ways to identify people whose ratings are untrustworthy) assess if the organisation is ready to implement the 360 degree feedback process, and the researcher has explored the possibilities of its implication in the University of Huddersfield, based on these grounds. 2.1 Specific Literature Review This section of the dissertation takes a specific critical standpoint on whether 360 ° feedback as strategic Human Resource tool have a profound strategic justification in the University of Huddersfield (UOH) which is a registered for charity organisation (hud.ac.uk, 2011) . The researcher has given a critical account of the 360-degree feedback tool, as an option for performance development appraisals and for motivating the staff in performing better, in the registered for charity organisations. Currently, the 360 degree tool is not very common in the third sector, registered for charity organisations and the investigation could be a scope for a research elsewhere. According to Berk, (2009); and Fortunato and Smith, (2008) 360 degree feedback is an appraisal tool used by approximately 90% of the Fortune 1000 organisations (Fortunato and Smith, 2008; Bracken et al., 2001; Tornow and Tornow, 2001; Edwards and Ewen, 1996, 2001). Cardy, Leonard and Newman, (2011) believe that the incre ased popularity of the 360 degree feedback is unquestionable and that organisations have spent innumerable amount of funds in implementing the feedback system. However, Cardy et.al, (2011) argue that many Fortune 1000 companies have implemented the 360 degree feedback without having considered the purpose, which is not very advisable, as 360 degree feedback is at its best for staff development, motivation, and for administrative use such as in determining performance related salary. The utility of 360 degree feedback, mainly upward feedback, may be constricted when appraisers provide erroneous ratings (Bernardin and Tyler, 2001; Bracken and Timmreck, 2001). Kuvas, (2006) highlighted that the relationship between the performance appraisal and work is interrelated to the employees inherent motivation at work. For an employee to perform in an organisation, job satisfaction and motivation to execute an activity for itself, in order to experience the pleasure and satisfaction inherent in the activity (Kuvas, 2006; Deci et al., 1989; Vallerand, 1997). Cardy et.al. (2011) highlight that when feedback received from too many sources are used for the estimation of an employees performance the diverse sources of feedback seldom agree in their evaluation, although a broader understanding can be attained. Analysis and criticism of traditional appraisal system in contrast with 360 degree feedback The primary principle of appraisals is to put forward an opinion or feedback on how the employee performs in their current job role and to discuss further what could be done to facilitate the employee to perform the expected job, if they are not performing as per the objectives. Prowse and Prowse, (2009); and Randell, (1994) argue that appraisals are the systematic evaluation of an individuals performance linked to the organisations culture and behaviour. The various departments in the University of Huddersfield (UOH) use different appraisal mechanisms. The computing and library services, technical services and other administration departments of the University use a competencies framework for the staff appraisals. The appraisals are conducted half yearly (every 6 months) to follow up on the employees personal development plan. There are three documents that are usually taken in a one on one appraisal, the filled employee preparation form, the filled up competencies framework and the competency framework Role Profiling document which provides a brief idea of which level each role is at (Figure. 4). After the discussion the appraising line manager fills up the appraisal record which both the appraiser and the ‘appraisee sign and get a copy. This process is followed up every 6 months (Please refer to appendix 1 for appraisal documents). The purpose of the process is to facilitate the employees to develop in a systematic way so that university as an organisation functions in the best possible way utilising the optimum talent identified. Various authors support that the appraisal system also offers an opportunity to put across and discuss the employees achievements over the past year with th eir managers to confer their performance in general and make plans for the year ahead. The performance appraisals are potentially a solution for the organisations to get the most out of their employees (Prowse and Prowse, 2009; Armstrong and Baron, 2005). The scheme currently functional in the university is highly participative, with a huge emphasis on appraisal ‘self and making sure that the staffs have a key responsibility in determining their own improvement and personal development (UOH, 2011). â€Å"In order for an appraisal system to be absolutely flawless and effective a number of elements have to be in place, as in the understanding and agreement on performance goals, a process for collecting ongoing performance data and a framework of productive periodic review and formal appraisal discussions,† (Lepsinger and Lucia, 2009). Although the current appraisals seemed to have worked fine till date, the literature provides evidence of the flaws in the traditional appraisal processes. Lepsinger and Lucia, (2009); and Lee, (2006) highlight that disagreement on set performance criterion, the line managers inability as an appraiser to process the bulk of information received and the employees need, while being appraised to defend their self image, are the key factors which act as a barrier in the smooth functioning of the traditional appraisals. It could be argued that the two parties involved in a traditional appraisal usually do not agree with the performance criteria set and it is highly likely that a difference of opinion may crop up between the appraisers and appraisee on what it takes to perform the job effectively. Prowse and Prowse, (2009); and Lee, (2006) argue that that the appraisal practice cannot be executed successfully unless the appraiser has the right interpersonal skills to provide the feedback t o the appraisee. If the appraiser and appraisee do not come to a conclusion on what can mutually be agreed as a requirement for excellent performance, then it is quite evident that both may end up with diverse conclusions about the staffs effectiveness in meeting the set performance criteria. Furthermore, rather than reassessing the actions necessary for a thriving performance at work, if the traditional appraisal attempts to achieve a specific target or result, it hardly does anything to seize the gap in perception or help the appraisee in comprehending what amendments are vital for their advancement and development in performing the job (Lepsinger and Lucia, 2009). â€Å"Traditional performance appraisal systems are flawed in their design, implementation and use. Supervisors seldom are effective in using such systems because the assumptions that guide how we use performance appraisals are unsubstantiated,† (Lee, 2006). Lepsinger and Lucia, (2009); and Lee, (2006) solicit to discontinue the use of the traditional performance appraisal methods and state that the traditional appraisal processes that rely upon ratings should be discontinued and advanced performance management mechanisms should be adopted which are designed to produce ample quantitative and qualitative information. The line managers inability as an appraiser to process the mass information received is another major issue in the traditional appraisal processes. The though process behind an effective appraisal is very complex. Experts break down the intricate process for collecting and processing information used in the appraisal process (Lepsinger and Lucia, 2009). Merits of introducing 360 degree feedback as an appraisal tool in the University of Huddersfield â€Å"Critiques of appraisal have continued as appraisals have increased in use and scope across sectors and occupations. The dominant critique is the management framework using appraisal as an â€Å"orthodox† technique that seeks to remedy the weakness and propose of appraisals as a system to develop performance,† (Bach, 2005). As discussed previously The University of Huddersfield uses competencies framework for the staff appraisals. The competencies framework is a description of the relevant behaviours needed to be competent in the job roles and support the organisation in remaining an exceptional University. The competencies appraisal framework boasts to benefit the employees by providing precision of performance expectations, uniformity and fairness throughout the appraisal, allowing superior identification of individual development requirements and giving a clearer picture of required skills to progress in the career path. In turn the university benefits by a lucid method of continuous development and performance management, enabling the identification and prioritisation of improvement needs to facilitate the improved stipulation of the learning and development courses or other areas of development (Source: HR, 2011). â€Å"360 degree feedback can make a positive contribution to the appraisal system. It can help to gain agreement on expectations, by using a broader range of information, and by facilitating open discussion,† (Lepsinger and Lucia, 2009). There are numerous benefits of introducing 360 degree feedback in the University of Huddersfield. As per the discussions with the human resource staff and the appraising managers it can be argued that the current appraisal system functional in the university is not flawless. The bias nature of the one on one performance appraisals is prone to disputes among the appraising manager and the employees, and although the university has a procedure in place to resolve such conflicts it could still benefit by introducing 360 degree feedback along with the traditional appraisal mechanism to rule out any such possibilities of conflicts. 2.2 Summary of the Literature Review To sum it could be concluded that the 360 degree feedback has a proven record as an excellent tool for staff development and motivation. The researcher has observed that the tool has become increasingly accepted in the organisations worldwide ever since the masses have discovered its value. Since the academic literature supports the research question proposed by the researchers. Chapter 3 3 Introduction to the Research Methodology 29 3.1 Research Design 29-33 3.2 Research Strategy 33-35 3.3 Review of Research Data Collection Methods 35-36 3.3.1 Semi-Structured Interviews Qualitative Data 36 3.3.2. Questionnaires Quantitative Data 37-39 3.4 Pilot Test 39 3.4.1 Questionnaire Pilot Test 1 40 3.4.2 Questionnaire Pilot Test 2 40-41 3.5 Alternate Research Methods considered but 41-42 3.6 Ethical Considerations 42-43 3.7 Methods of Data Analysis 43-44 3.8 Summary of the methodology 44 3. An Introduction of the Research Methodology In this section of the research paper the researcher has explained the various types of research methods and techniques available, and used by the researcher, followed by a justification of why these methods have been considered appropriate for this dissertation and why the other methods have not been considered. The process of data collection and data analysis has also been described in this chapter. 3.1 Research Design The researcher throws light on the research design and gives a general idea of how the researcher has gone about addressing the research question and description of its approach with rationality, followed by an account of the objectives derived from this research, gives an account of the sources which has been used in this research to collect data, and a description of the ethical considerations (Creswell, et.al. 2011; Saunders, Lewis and Thornhill, 2009). To quote Saunders, et.al, (2009): â€Å"Combining both quantitative and qualitative analysis ‘the researcher may possibly use the quantitative data and ‘qualitize it that is converting it into narrative that can be analysed qualitatively. Alternately, the researcher may ‘quantitise the qualitative data, converting it into numerical codes so that it could be analysed statistically,† (Saunders et.al, 2009). The author has carried out the research by conducting semi-structured interviews followed by a brief experimental introduction of 360 degree feedback process, and the analysis of the results were done by the careful examination of combination of the mixed methods. Various authors justify that there are diverse rationales for research; however practitioner researchers are faced with queries that demand versatile responses (Creswell, 2003) Hence, a mixed methods approach that uses qualitative and quantitative research can be considered as appropriate for several p