Fair Election Process in India Essay

India has an asymmetric federal government, with elected officials at the federal, state and local levels. At the national level, the head of government, Prime Minister, is elected by the members of Lok Sabha, lower house of the parliament of India.[1] All members of Lok Sabha except two, who can be nominated by president of India, are directly elected through general elections which takes place every five years, in normal circumstances, by universal adult suffrage.[2] Members of Rajya Sabha, upper house of Indian parliament, are elected by elected members of the legislative assemblies of states and electoral college for Union Territories of India.[3] In 2009, the elections involved an electorate of 714 million[4] (larger than both EU and US elections combined[5]). Declared expenditure has trebled since 1989 to almost $300 million, using more than one million electronic voting machines.[6] The size of the huge electorate mandates that elections be conducted in a number of phases (there were four phases in 2004 General Elections and five phases in 2009 General Elections). It involves a number of step-by-step processes from announcement of election dates by the Election Commission of India, which brings into force the ‘model code of conduct’ for the political parties, to the announcement of results and submission of the list of successful candidates to the executive head of the state or the centre. The submission of results marks the end of the election process, thereby paving way for the formation of the new government.

Using Perceptual Maps in Marketing

Thorr Motorcycles, Inc. is manufacturing over 200,000 units annually and has current worth in excess of a billion dollars. Thorr is a leading name and holds around 40% of the total market. It not only sells motorcycles but also offers dealer training, dealer software support and mechanical training. For customers, it offers motorcycle rentals and biker training. Projected image of CruiserThorr is of â€Å"masculinity, mobility, and freedom†. Currently Thorr is experiencing decline in sales and wants to know the reason.Thorr can inquire from customers what they want to have in the motorcycle and then change it accordingly. Another way is to change the customer perception about the motorcycle. Phase I: Where is the Thunder? The first phase is the problem statement that the sales are decreasing, â€Å"The motorcycle industry is growing annually, but sales of Thorr Motorcycle’s existing product CruiserThorr (a 1500cc power cruiser priced at $25,800) are deceasing† (U niversity of Phoenix, 2008). This may be because of change in target market characteristics.The people being targeted are now old, their lifestyles have changed and they are not interested in getting a motorcycle. On the other hand, younger generation has comparatively smaller disposable incomes and they are more interested in buying an affordable motorcycle. Thorr needs a new redesigned marketing strategy to win back the sales. In this paper, market position of CruiserThorr motorcycles will be determined by using a perceptual map. This positioning on the map will be based on four fundamental parameters that can used to promote Thorr.Lifestyle reflection, price, quality engineering and offered services, were the chosen fundamental factors. Lifestyle image is the most important factor in this mapping because production motorcycles always sell on their image rather than specifications. Quality engineering is also important as no one likes to buy unreliable products. Quality of a motor cycle can also initiates word of mouth promotion for the company. In addition, no company can continue in the long term without providing quality products to the customers. Pricing is the next fundamental factor and it is on the base of price most people buy products.However, in case of motorcycles, customer’s image of a motorcycle is directly linked to its price that is why there is a small risk if company tries to decrease the prices that its image may get hurt in eyes of the customers. Services are also important to keep the dealers and distributors happy. This also ensures that customers remain loyal to the company. Recommendations and suggestion that were provided at the end of phase I proved to be successful. Phase II: Revving up the Market Phase II notifies about Thorr’s market position and its sales are not improving due to poor positioning.There are two ways out of it; repositioning of CruiserThorr or launching of a new motorcycle called RRoth. Phase II shows a SWOT analysis along with customer demands and income clusters. In addition, financing documents were also provided. Customer preferences are the most important factor here as the company is trying to target a much younger audience than that of CruiserThorr. Age group of target audience is chosen to be 25-35 years so the product should be according to their preferences. Thorr has decided to launch RRoth. $12,649,000 is spent out of allotted $13 million dollars for the marketing plan.Keeping the young people and their salary range in mind, new motorcycle will be priced between $13000 and $15000. Wide range of promotional techniques will be used including sponsoring mega events like Daytona and getting celebrity endorsements. It also included insurance facility, protection offerings, and featuring of RRoth in Hollywood movies. Movies were specially focused because of young target audience. Dealers will sell the motorcycle all over the country. Official website will give complete info rmation about the product including financing options.Planned services include customization options, club memberships and dealer training program. Financing option will ensure the customer from lower income group. Thorr is performing much better after the implementation of all the recommendations. Now, young people are opting for the new product enhancing company’s market position as well as sales. Phase III: Thundering Success? Phase III includes plotting of CruiserThorr based on market research. It will be plotted on a perceptual map. Characteristics of CruiserThorr relevant to RRoth will be chosen and then RRoth will be plotted on perceptual map based on those attributes.A comprehensive survey was conducted and people were asked about both productions of Thorr Motorcycles Inc. Three hundred fifty people from age 25-55 were surveyed and perceptual map was plotted based on their feedback. Research for CruiserThorr showed that around 37% people planned to spend $13000 to $15 000 on a motorcycle in near future. Around 57% people liked financing and customization options as it not only catered to those with little money, it also attracted people with extra money who wanted something better. Forty-five percent voted that dealership training is important for them.Service enhancements were demanded by 38% people. They were asked if all the services provided by Thorr are satisfactory and 25% replied with â€Å"strongly disagree†. After analyzing this data, lifestyle image factor was escalated to level 9 while price, quality engineering, and service offerings were changed to five, eight and seven respectively. Positive feedback confirmed that we are heading in the right direction. Positioning on perceptual map was corrected accordingly. Price attribute for RRoth was placed at level 8 and lifestyle image at level 9.Quality engineering stood at 8 while cool was also given an 8. Results from survey show that Cool and Price parameters were rightly placed at 8 and 8. As for lifestyle image and quality engineering, they needed to be revamped. Lifestyle image attribute was lowered to a 7 instead of already planned 9. It was done because of existing high image of Thorr. Quality engineering was also lowered at 7 rather than 8 because, although customers rated it high, they had positive views about its fuel-efficient engine. Relationship between Differentiation and PositioningPositioning and differentiation both are necessary for the success of a product. A product cannot be a Hit if any of these is missing. If a product is positioning accurately but does not differentiate itself from others then it will not become a leader. Similarly, if a product is very well differentiated from its competitors, but has not positioned itself accurately, it will also fail. Thus, it is imperative for a company that is planning to be the market leader, to not only introduce a unique product but projects it as a unique product as well.Repositioning in case of Thorr was inevitable because sales were decreeing and there was no option left. They repositioned and targeted a younger market to get the much-needed growth a good spark. Product life changes were being experienced and CruiserThorr was in declining phase. Something new was needed to keep the company in growth phase. Introduction of RRoth was great as it benefited the company in two ways; loyal customers did not leave CruiserThorr and stayed and secondly, new market was found that helped the company earn desired profits.Two products being offered at the same time gives the choice to the customers. They can choose any product that meets their requirements of style, fuel consumption or engine power etc. As for the differentiation, or uniqueness, the company has many ways in which it can differentiate its products. It can be price based, service based, or delivery options based. A common challenge in keeping both the differentiation and positioning is that the company must ensure incr eased sales along with company growth. Thorr should position its new motorcycle so that it attracts the young generation.After that, an aggressive marketing campaign should be launched to lure the target market into buying the motorcycle. The Effect of the Product Life Cycle on Marketing Marketing styles and techniques constantly change with the change in product lifecycles. Customer desires, wants and needs of customers keep on changing and so does the marketing scheme. For the same reason, marketers are always presenting their ideas in new and novel ways. Success of a product is always affected by the change in product lifecycle and it is the job of a marketer to show, through marketing plan, how to revitalize the product perception.Best way to do it is through repositioning of the product lifecycle. Product positioning is essentially how a customer feels when he goes out for buying a motorcycle. The Effect of the Product Life Cycle on Thorr Marketing plan should always be based o n the position of product in the product lifecycle. At this moment, CruiserThorr is almost on the verge of leaving maturity and entering decline phase. It would be very difficult to stop the decline of CruiserThorr. RRoth on the other hand is still in the introductory stage. ‘Thorr should know about the positioning of its products  according to the product lifecycle, only then will it be able to anticipate whether it is going to retain market position or need a new target market. Thorr faced a critical situation when it was time for differentiating and positioning of both its products but marketing research solved the issue in no time. Marketing research is vital to any company’s success and the data collected through the research should be used in decision-making. Data collected from surveys and marketing research can be used to produce perceptual map. This map will help in development of marketing plan.Opportunities also can be identified, through the perceptual map , and then they can be taken advantage of by acting accordingly. Thorr Motorcycles has designed a more redefined marketing strategy based on market research and perceptual maps. This hard work has put Thorr back on the right track of profitability and success. Creation of a marketing plan, according to research and conceptual maps, shows how a product can be repositioned in customer’s minds. This will not only change the overall image of the product but will also bring in profits.

Analysis Of US International Trade Commission Decisions In Antidumping, Countervailing Duty And Safeguard Cases Essay

                 International trade commission Introduction                        International trade commission (ITC) is definite by US Legal as an independent quasi-judicial federal agency with broad investigative responsibilities on matters of trade. The agency mainly focuses on the investigation that surrounds the effects of dumped and subsidized imports on the domestic market and industries and conducts some global investigation with the aim of safeguarding. ITC also deals with the cases that deal with the imports violation of property rights (Knes). Thus, the system mainly deals with providing the rules that govern the international trade. History                     The issue of international trade and tariffs had a great impact on the United States economy in the late 19th century. This was because the country was experiencing unprecedented industrialization and expansive trade with partners beyond the borders. Through an act of 15th May, 1882 President Chester A. Arthur appointed a tariff commission under the Treasury to investigate the country’s economic activities and make recommendations on the tariff regulation. Another commission was appointed in 5th August 1909 pursuant to Payne-Aldrich Tariff Act, with the mandate collecting useful information that would help the government administer tariff laws. However, the commission was abolished in the mid-1912. A permanent solution was required on the issue of tariffs and international trade. The process to establish a tariff commission that would easily address international trade issues in the long term was started initiated in 1914, with the realization came in 1916 (Usitc.gov).                     The agency was formed by the US government, through the US congress, as an independent agency in the year 1916 and was named the Tariff Commission (Usitc.gov). The name of the agency was later changed to the United States international trade commission. The change was effected through section 171 of the Trade Act of 1974. The agency has three major elements in its mission that include: to administer US trade remedy laws within its mandate in a fair and an objective manner (Usitc.gov). The second element is to provide the president, and the congress with independent analysis, information, and support on matters of tariffs, international trade, and US competitiveness. Finally, the last element of the mission n relates to the maintenance of the Harmonized Tariff Schedule of the United States (HTS).                   In this light, to achieve it mandates, the commission is run by six commissioners who are tasked with implementing the various regulations and duties mandated to the commission. The six commissioners are appointed by the president through the advice and the approval of the senate. The term of the commissioners is mainly a nine years term although the term might be shorter if a commissioner is appointed to refill an unexpired term (Usitc.gov). Mandate                     The commission was set to fulfill certain mandates that were very crucial to the American economy. Mainly, the commission has five major operations which are aimed at serving the commissions clients who are mainly external clients (Usitc.gov). The operations are import injury investigations, intellectual property-based import investigations, industry and economic analysis, tariff and trade information services and trade policy support.   Import injury                   This operation mainly regards the investigations that are undertaken to assess the antidumping and countervailing duty or subsidy. This operation is done in collaboration with the United States department of commerce. Although the investigations are done in collaboration, both institutions address different goals in these investigations (Usitc.gov). The department of commerce main focus is on establishing whether the occurrence of the dumping and subsidizing as well as the level of dumping and subsidizing amount. On the other hand, the commission aims at establishing whether the US economy and industries are threatened by the said dumping and subsidizing (‘US Federal Trade Commission Recommends Privacy Be Put At Heart Of Facial Recognition Tech’).                        Investigation on the import injury is prompted by the petitions that are filed by the US industries, who believe that the imports are sold in the US market at a price that is lower than the fair value. Prices lower than the fair value indicates dumping. Additionally, the industries petition against the imports that are advantaged in the sense that they enjoy counter available subsidies that are provided through the foreign government programs (Usitc.gov). The main reason for petitioning is because these acts make the marketing space unfair; thus the industries aim at leveling the playing field.                     If the decisions are arrived at by the both agencies are affirmative of the petitions laid to them by the industries petitioners, the commerce department issues an order to restrict this imports. The omission is also responsible for conducting investigations that relate to the global safeguards and market disruptions that may cause harm to the American industries (Usitc.gov). In effect, the commission makes recommendations to the president; these recommendations are aimed at offering remedy to the injury caused and facilitate industry adjustment to competition from outside products.   Intellectual Property Based Import Investigations                   The commission is highly involved in petitions regarding intellectual property rights. These petitions rate to patent and trademark infringements that are caused by imported goods. The investigation if successful results to a remedy that informs the customs prevent infringing imports from entering the boundaries (Usitc.gov). Furthermore, the commission may issue orders that bar those who are engaged in unfair acts from entering the country. According to a newspaper article written by Soder indicate that, â€Å"the commission has agreed to investigate whether 17 retailers — including big-name brands such as the Gap, American Eagle and Abercrombie & Fitch — are importing jeans made in a way that violates patents owned by RevoLaze LLC of Westlake.†   Industry and Economic Analysis                      The commission is also mandated with industrial and economic analysis task. This analysis is done by two offices that are: the Office of Industries and the Office of Economics (Usitc.gov). The commission offers this two offices technical support on economic matters (Pandit, Pg. 15). A good example is when the commission was requested by the US Senate Committee on Finance to investigate the effects of the digital trade in the US and the world economy in general (USITC, Pg. 1).                           The commission put the finding in three level tiers, where the findings were grouped as the firm level finding, industry level findings and economy level findings. The firm-level research was conducted on ten digital intensive industries (USITC, Pg. 32). The firms were questioned on the reason and the benefits they derived from using digital technology. The results of individual firms culminated to the results of the various industries. The economy wide findings summed the benefits of all the companies and industries and summarized them to general benefits (USITC, Pg. 33). This report gives a clear indication of the importance of the commission in providing the technical support to the various arms of government. Tariff and Trade Information Services                      The commission is also tasked with investigations that regarding tariffs. The United States economies practices some harmonized tariffs mechanism (Usitc.gov). Therefore, the commission makes recommendations regarding the modifications of the harmonized tariffs schedules so that to ensure the tariffs are in line with the World Custom Organization recommendations (Greenbaum et al., Pg. 160). A blog posted by Ngoriel indicates the commission conducted research to determine the hurdles that the US SMEs are facing when trading with the EU. The research findings indicate that the SMEs are facing various barriers that are unduly heavy on them when compared to the large companies. The commission made suggestion that the SMEs should be included in the trade negotiations between the US and the EU. Ngoriel indicated that, â€Å"among the challenges that were affecting the SMEs included high tariffs and inconsistent EU rules and testing mandates non-science-ba sed regulations, and a lack of harmonization between U.S. and EU standards.† Trade Policy Support                     The trade policy makers, both in the executive and the legislative branch of the government, source for the technical support from the commission (Usitc.gov). Additionally, the commission offers the government information on the various international trade issues through their various researches, briefings and meetings, and testimonies at the congressional hearings. Additionally, under this operation the commission is tasked with the work of making some final decisions on behalf the office of the president as well as drafting the President’s decrees and other documents (Usitc.gov). Benefits of the Commission to the US Economy                     The commission offers significant benefits to the United States economy. One, the commission offers noteworthy advantages to the country’s industries, especially when they are facing unfair competition from Imports. According the article published by V. James Adduci II and Tom M. Schaumberg in The American Corporate Counsel Magazine, the intellectual property owners have discovered the commission offers them an efficient and cost effective mechanism for protecting their rights (Caddel).                         In this regard, several jurisdictions around the globe have amended their laws and regulations in order to make them be congruent with the Act through which the Commission was founded. The Uruguay Round Agreements Act (â€Å"URAA†) amended its section 337 to make compliant with US international obligations (V. James Adduci II and Tom M. Schaumberg).                        In addition, the commission is helpful in establishing fair trading environment for the firms in the United States. According to Ngoriel, the commission improved the SMEs voice on the unfair treatment in their trading with the European Union. The commission affirmed the SMEs position on the high tariffs which the SMEs have to meet in their international trade operations (Usitc.gov). The commission emphasized on the need to incorporate the SMEs in any international trade negotiations with the United States trading partners.               Furthermore, the commission is essential in ensuring that the government is furnished with proper international trade information. This is done through research that is conducted by the commission and ultimately providing precise and accurate information that would guide the government to make proper decisions (Usitc.gov). A good example is the research that the commission conducted on behalf of the Senate (Bilmes). The research enabled the commission to make conclusive arguments regarding the impact of digital technology on the US firms, industries, and the economy as well as the world at large. Challenges Faced by the Commission                      The most significant challenge or difficult the difference of the trade laws among the various US trading partners. Some trade partners are very crucial to the running and success of the United States economy (Usitc.gov). Therefore, difficulty arises when the commission tries to harmonize the trading laws that govern the partners and the United States. This is seen in Caddel (Pg. 9) research paper, where the Caddel states that, â€Å"The Customs Court Act of 1980 created a special U.S. Court of International Trade with exclusive jurisdiction over appeals from the ITA and ITC. This act specifically provides standing for foreign companies and other domestic industries to challenge decisions and even allows the Court to hold hearings in foreign countries to ensure that foreign companies have the opportunity to respond. The result is a court that commonly rules against decisions of the ITA and ITC and maintains a rough balance between protectionism and free trade.†                     Additionally, although the commission is an independent institution, it faces some restriction in its operations. One the commission acts as an arbitration court for various issues it handles. After the commission makes a determination, the ruling is subjected to additional reviews by the US Court of Appeals (McDermott Will & Emery, Pg. 7). Moreover, all the determinations made by the commission are subjected to the presidential review. Although the presidential reviews are limited in scope by the public policy concerns, there have been a handful of instances when the commission recommendations and determinations have been rejected or overturned by the president (McDermott Will & Emery, Pg. 7). Also, the commission faces some challenges through political interference. Caddel (Pg 1) states that, â€Å"Research on the U.S. International Trade Commission (ITC), an independent agency responsible for adjudicating AD/CVD claims, finds mixed evidence of po litical influence in these cases.† This demonstrates the political influence on the commission activities; the political influence is attributed to the congressional dominance. The congress influence is seen through its oversight powers over the commission (Caddel, 5). Recommendation to the Challenges                   The commission is very crucial to the running of the countries affairs in the international arena. Therefore, the government should work tirelessly to improve the trade relationship with its partners which will easily ease the operations the commission operation (Knes, Baldwin and Steagall). Due to the free trade agreements with partners like Canada and Mexico, the commission easily deals with these economies when dealing with trade harmonization operations (Knes). Moreover, the commission should be given a strong judicial framework that will earn the confidence of many individual, companies and economies. This judicial strength will enable the commission ruling to be taken as final, thus minimizing the appeals of the commission rulings. In effect, the consequential results will be an increase confidence in the commission. Conclusion                        The United States International Trade Commission is an important organ in the US economy and the relations with the global players. The commission has gone through significant metamorphosis that started in the late 19th century. The commission has increasingly been helpful in solving various issues that are face the United States industries. The commission has been in the forefront of protecting the economy’s players from unfair trade practices. References Adduci II, V. James Adduci II, and Tom M. Schaumberg. ‘Section 337 Offers Significant Advantages When Facing Unfair Competition From Imports | Adduci, Mastriani & Schaumberg LLP’. Adduci.com. N.p., 2013. Web. 8 Dec. 2014. Baldwin, Robert E, and Jeffrey W Steagall. Analysis Of US International Trade Commission Decisions In Antidumping, Countervailing Duty And Safeguard Cases. London: Centre for Economic Policy Research, 1994. Print. Bilmes, Jack. ‘Generally Speaking: Formulating An Argument In The US Federal Trade Commission’. Text & Talk – An Interdisciplinary Journal of Language, Discourse Communication Studies 28.2 (2008): 193-217. Web. Caddel, Jeremy. ‘Domestic Competition Over Trade Barriers In The US International Trade Commission’. International Studies Quarterly 58.2 (2013): 260-268. Web. Greenbaum, Noam et al. ‘Paleohydrology Of Extraordinary Floods Along The Swakop River At The Margin Of The Namib Desert And Their Paleoclimate Implications’. Quaternary Science Reviews 103 (2014): 153-169. Web. Knes, Michael. ‘U.S. International Trade Commission – Duties, Benefits’. Referenceforbusiness.com. N.p., 2014. Web. 8 Dec. 2014. Ngoriel,. ‘U.S. International Trade Commission Releases Report On How T-TIP Will Benefit Small Businesses’. Sba.gov. N.p., 2014. Web. 8 Dec. 2014. Pandit, Ram. ‘US Trade Barriers And Import Price Of Canadian Softwood Lumber’. The International Trade Journal 23.4 (2009): 399-421. Web. Soder, Chuck. ‘U.S. International Trade Commission To Investigate If Retailers Are Importing Jeans Violating Revolaze Patents’. Crain’s Clevleand Business 2014. Web. 9 Dec. 2014. ‘US Federal Trade Commission Recommends Privacy Be Put At Heart Of Facial Recognition Tech’. Biometric Technology Today 2012.10 (2012): 1-2. Web. USITC,. Digital Trade In The U.S. And Global Economies, Part 2. 1st ed. United States International Trade Commission, 2014. Web. 8 Dec. 2014. Usitc.gov,. ‘About The USITC | USITC’. Usitc.gov. N.p., 2014. Web. 8 Dec. 2014. Usitc.gov,. ‘E-Discovery Limits — USITC Considers Proposal To Streamline Section 337Investigations’. Usitc.gov. N.p., 2014. Web. 8 Dec. 2014. Source document

Tort Assignment

Notwithstanding that Fred may have provoked Ivan by his behavior towards Van's fiancee, however, this is not a defense to intentional wrong doing tort and there is not any reasonable ground for defense of the person of another. Therefore, it would be found that Ivan is liable for battery. There was no actual damage suffered by Fred, hence Fred can only claim for nominal damages. Ivan v the parking attendant – negligent trespass for battery A negligent battery Is committed when there is a negligent, direct, and unlawful contact or without consent to another's person.Prima ice, the injury suffered by Ivan was a direct injury negligently conflicted through the carelessness and negligence of the parking attendant. It would be reasonably foreseeable that someone might be standing under the shutter door. However, there has not been any precedent to support the view of negligent battery, or the interrelationship of fault and trespass. In my view, as long as the elements of negligent trespass are satisfied, the parking attendant would be liable for negligent battery and Ivan might claim for compensatory damage to compensate his medical bill and economic loss.Assault Ivan v Fred Assault is the intentional creation of an apprehension of an immediate physical violence or unlawful contact. Fred subjectively intended to create an apprehension to carry out force toward Ivan. The nature of his act was clearly manifested to batter Ivan; which hands clenched Into fists towards someone's face In close physical proximity would prove the apparent ability of Fred to carry out threat. However, concurrently, Fred intentionally made the statement â€Å"you wait till you're outside tonight, you d*head-you'll regret this†.Although the verbal threat could ultimately kook away the immediacy, and the fact that Fred went to sleep suggested that there was no clear evidence for imminent physical violence. However, Fried's threatening gesture was satisfied to cause reasonable app rehension of unlawful physical contact on any ordinary man's mind even If the act might happen later. So It would be found that Fred is liable and hence Ivan might claim for nominal damages as there was no actual injury suffered. Officer v Tony Referring to the definition, the threatening statement constituted an intentional act which aimed to threaten the officer with some kind of harm.The verbal threat of immediate force, and were not even mere words, which has all the essential elements Tort ten emcee to apprehend Immediate unlawful contact, although Tear Is not required. Tony subjected the officer to intimidation by threatening to apply force in a circumstance that the officer had no right to block the way out. However, the threat was made in an improper way of enforcing his right. On the on hand, it may be said that there has been restrained on Tony by his wife. Yet, this still constituted assault by possessing the means of carrying immediate violence.Tony would be liable for a ssault without any reasonable defenses. Again, the officer can claim for nominal damages only without any actual damage or feeling injury. Rosins v Fred As previously defined, Fred voluntarily blocked Rosin's way which sufficed as the intentional act. The act of unlawful photographing would not constitute an assault itself (intrusion of privacy instead), however, blocking someone with a â€Å"display of force† would carry means of threat into effect, which was reasonable for Rosins to apprehended that the threat would be carried out without her consent.Therefore, Fred would be liable for the tort of assault and Rosins likely to claim for nominal damages. False imprisonment Richard v State Immigration Department [SIDE] False imprisonment is defined as intentional and unauthorized restraint or deprivation of a person's liberty. SIDE was intentionally wrongful used its authority to cause confinement on Orchard's liberty. Although there has been no application of physical force, there was evidence of complete submission by Richard to the control of SIDE, which eventually satisfied the test drawn from the High Court's decision inBellman New Ferry Co Ltd v Robertson. Through the presence of officers, it was apparent that if Richard refused to follow, he would be restrained by force. So the requirement of total restraint was abundantly satisfied. SIDE took the action without any requisite warrants or reasonable evidence; a tip-off was not enough to satisfy, so an imprisonment was unlawful since the beginning as they barred exit. No minimum time limit is specified for constituting of the action on false imprisonment, therefore 20 minute of detention or even less than that would still constitute an action for false imprisonment.There will be no relevant defenses since the action was unlawfully carried out, without any authorized license or statutory authority. So SIDE would be liable for false imprisonment; Richard can claim for nominal damages to signify the in fringement of his right and inconvenience without any forthcoming apology from SIDE; and aggravated damages for the injury of his dignity and feelings upon the false imprisonment.There is no evidence to suggest that Richard suffered any special loss; however, the conduct of SIDE was considered to be arbitrary, oppressive and unconstitutional, hence exemplary damages would be claimed People in Bar Aroma v State Immigration Department [SIDE] Referring to the definition, as followed concurrently with the false imprisonment of Richard, the liberty of people in Bar Aroma was deprived totally; which could be proved through the fact that Tony was not able to leave.Again, SIDE had no right to imprison people without any requisite warrants; hence an imprisonment was unlawfully carried out. SIDE may argue of people's unawareness at the time the action took place. However, a person could be imprisoned without his knowing it. And the residence of an official stationed at each door would reasona bly allow people to recognize the total restraint on their liberty. Based on the fact, the mean of escape exalters tongue ten sloe door; never, tens was not apparent; nonce It wall not De regarded as reasonable.So SIDE would be found to be liable for false imprisonment. The people would expect to recover no more than nominal damages due to their unawareness of falsely imprisoned condition and no actual harm suffered. The local people v State Immigration Department [SIDE] As previously defined, the elements of total restrained through unlawful conduct ere abundantly satisfied by barring the exit doors and without any requisite warrants. However, there is no false imprisonment where a person has consented to a restraint on liberty.It appeared that the local people were aware of the situation and of the purpose in which it was carried out. It was therefore determined that they had given implied consents which surrendered of a portion of their liberty for a certain period. If the cause of action is a restraint in accordance with that surrender, they cannot complain. Furthermore, by knowing the side door, there was a reasonable mean of escape. Hence, an action for false imprisonment might not lie.Rosins v Fred Referring to the definition, Fred intentionally blocked Rosin's way, which illustrated his unlawfulness by stopping her right from passing the way. However, on the same fact, Fred did not amount to a total restraint of Rosin's liberty, as she could go different directions in order to avoid Fried's contact; hence through merely obstructed the passage of Rosins in a particular direction and not preventing her from going in another direction, Fred will have a good defense to any claim in false imprisonment rough by Rosins. Tort Assignment Notwithstanding that Fred may have provoked Ivan by his behavior towards Van's fiancee, however, this is not a defense to intentional wrong doing tort and there is not any reasonable ground for defense of the person of another. Therefore, it would be found that Ivan is liable for battery. There was no actual damage suffered by Fred, hence Fred can only claim for nominal damages. Ivan v the parking attendant – negligent trespass for battery A negligent battery Is committed when there is a negligent, direct, and unlawful contact or without consent to another's person.Prima ice, the injury suffered by Ivan was a direct injury negligently conflicted through the carelessness and negligence of the parking attendant. It would be reasonably foreseeable that someone might be standing under the shutter door. However, there has not been any precedent to support the view of negligent battery, or the interrelationship of fault and trespass. In my view, as long as the elements of negligent trespass are satisfied, the parking attendant would be liable for negligent battery and Ivan might claim for compensatory damage to compensate his medical bill and economic loss.Assault Ivan v Fred Assault is the intentional creation of an apprehension of an immediate physical violence or unlawful contact. Fred subjectively intended to create an apprehension to carry out force toward Ivan. The nature of his act was clearly manifested to batter Ivan; which hands clenched Into fists towards someone's face In close physical proximity would prove the apparent ability of Fred to carry out threat. However, concurrently, Fred intentionally made the statement â€Å"you wait till you're outside tonight, you d*head-you'll regret this†.Although the verbal threat could ultimately kook away the immediacy, and the fact that Fred went to sleep suggested that there was no clear evidence for imminent physical violence. However, Fried's threatening gesture was satisfied to cause reasonable app rehension of unlawful physical contact on any ordinary man's mind even If the act might happen later. So It would be found that Fred is liable and hence Ivan might claim for nominal damages as there was no actual injury suffered. Officer v Tony Referring to the definition, the threatening statement constituted an intentional act which aimed to threaten the officer with some kind of harm.The verbal threat of immediate force, and were not even mere words, which has all the essential elements Tort ten emcee to apprehend Immediate unlawful contact, although Tear Is not required. Tony subjected the officer to intimidation by threatening to apply force in a circumstance that the officer had no right to block the way out. However, the threat was made in an improper way of enforcing his right. On the on hand, it may be said that there has been restrained on Tony by his wife. Yet, this still constituted assault by possessing the means of carrying immediate violence.Tony would be liable for a ssault without any reasonable defenses. Again, the officer can claim for nominal damages only without any actual damage or feeling injury. Rosins v Fred As previously defined, Fred voluntarily blocked Rosin's way which sufficed as the intentional act. The act of unlawful photographing would not constitute an assault itself (intrusion of privacy instead), however, blocking someone with a â€Å"display of force† would carry means of threat into effect, which was reasonable for Rosins to apprehended that the threat would be carried out without her consent.Therefore, Fred would be liable for the tort of assault and Rosins likely to claim for nominal damages. False imprisonment Richard v State Immigration Department [SIDE] False imprisonment is defined as intentional and unauthorized restraint or deprivation of a person's liberty. SIDE was intentionally wrongful used its authority to cause confinement on Orchard's liberty. Although there has been no application of physical force, there was evidence of complete submission by Richard to the control of SIDE, which eventually satisfied the test drawn from the High Court's decision inBellman New Ferry Co Ltd v Robertson. Through the presence of officers, it was apparent that if Richard refused to follow, he would be restrained by force. So the requirement of total restraint was abundantly satisfied. SIDE took the action without any requisite warrants or reasonable evidence; a tip-off was not enough to satisfy, so an imprisonment was unlawful since the beginning as they barred exit. No minimum time limit is specified for constituting of the action on false imprisonment, therefore 20 minute of detention or even less than that would still constitute an action for false imprisonment.There will be no relevant defenses since the action was unlawfully carried out, without any authorized license or statutory authority. So SIDE would be liable for false imprisonment; Richard can claim for nominal damages to signify the in fringement of his right and inconvenience without any forthcoming apology from SIDE; and aggravated damages for the injury of his dignity and feelings upon the false imprisonment.There is no evidence to suggest that Richard suffered any special loss; however, the conduct of SIDE was considered to be arbitrary, oppressive and unconstitutional, hence exemplary damages would be claimed People in Bar Aroma v State Immigration Department [SIDE] Referring to the definition, as followed concurrently with the false imprisonment of Richard, the liberty of people in Bar Aroma was deprived totally; which could be proved through the fact that Tony was not able to leave.Again, SIDE had no right to imprison people without any requisite warrants; hence an imprisonment was unlawfully carried out. SIDE may argue of people's unawareness at the time the action took place. However, a person could be imprisoned without his knowing it. And the residence of an official stationed at each door would reasona bly allow people to recognize the total restraint on their liberty. Based on the fact, the mean of escape exalters tongue ten sloe door; never, tens was not apparent; nonce It wall not De regarded as reasonable.So SIDE would be found to be liable for false imprisonment. The people would expect to recover no more than nominal damages due to their unawareness of falsely imprisoned condition and no actual harm suffered. The local people v State Immigration Department [SIDE] As previously defined, the elements of total restrained through unlawful conduct ere abundantly satisfied by barring the exit doors and without any requisite warrants. However, there is no false imprisonment where a person has consented to a restraint on liberty.It appeared that the local people were aware of the situation and of the purpose in which it was carried out. It was therefore determined that they had given implied consents which surrendered of a portion of their liberty for a certain period. If the cause of action is a restraint in accordance with that surrender, they cannot complain. Furthermore, by knowing the side door, there was a reasonable mean of escape. Hence, an action for false imprisonment might not lie.Rosins v Fred Referring to the definition, Fred intentionally blocked Rosin's way, which illustrated his unlawfulness by stopping her right from passing the way. However, on the same fact, Fred did not amount to a total restraint of Rosin's liberty, as she could go different directions in order to avoid Fried's contact; hence through merely obstructed the passage of Rosins in a particular direction and not preventing her from going in another direction, Fred will have a good defense to any claim in false imprisonment rough by Rosins.

Financial Reporting Essay Example | Topics and Well Written Essays - 750 words

Financial Reporting - Essay Example Also, there is the problem that no one individual or corporation has full ownership of the earth, so it would be very difficult to account for. Even if some accountants did factor use of the earth into the accounts, there would likely be many more that would not do this. Accountants do have the expertise required because they understand how assets depreciate and also how to balance the economic equation of assets equals liabilities plus equity. If such a system was put in place to allow accountants to value the earth, then it may be possible to do. The major problem is trying to get everyone to agree on what should be accounted for. The accounting profession is suited perfectly to control such measurement functions but the problem is deciding on what those functions are. Because they are many things that cannot be measured, it is very difficult for accountants to include such functions on the balance sheet. The difference between accounting for financial and physical objects is that one type can be measured on a scale while the other is more ambiguous. Financial objects have value because we give values that can be assigned to specific objects. For example, for an investment that loses money, it is easy to track that flow because we can compare the end result with the start value. The difficulty with accounting for physical objects is that often there is no ways to place value on them and also it may be hard to find a starting value in some instances. Activity 2 In this cartoon, the difference between the two companies could not be more remarkable. While Company A has three legs on its chair (social, financial, and environmental), Company B only has only leg (financial). This illustration shows perfectly why companies must be well-balanced when it comes to business operations. Company A understands that in order to be successful in the business world, there is more goals than just simply making a profit. I think that it is important to note that in this picture the financial leg of the chair is the middle one. In other words, it is the cornerstone of the company or the part that is the basis for everything else. The other two legs, social and environmental, provide solid support to the company, which is obviously very successful from a financial point of view. While success may be put down only to the financials, it cannot be understated the value of having good social and environmental responsibility for a firm. These measures often can't be valued, so it is difficult to try and judge success. I feel that it is also important to mention that the chair would not likely stand without the financial leg. All three legs are needed to support the chair, and this shows that companies must concentrate on many different facets of business in order to be successful over the long run. Company B only has one led, financial, and as a result the company is having difficulty maintaining balance. Although this leg is important for making the chair stand , there are no other supports. Company B has placed all of its eggs in the financial basket and has paid the price for doing so. By neglecting other aspects of business, such as social and environmental, the company is taking a huge risk. While it may be able to stay balanced initially, it is inevitable that the chair will take a fall because the company has focused all of its efforts on simple money making.

Health Care Law Changes Reimbursement Systems Research Paper

Health Care Law Changes Reimbursement Systems - Research Paper Example This study evaluates the benefits and disadvantages of these proposed reforms. On the one hand, the reforms could improve quality of service by providing incentive for hospitals and increasing competition among them but on the other hand, ordinary citizens could also be affected because many expenses that were earlier applied against FSA and HSA accounts may no longer be possible. Medical reimbursement in the United States Introduction: The costs of health care in the United States are prohibitive and only a few people in the country can afford to avail of health care without any form of insurance. Private health insur4ance plans are available in the country and most employees have access to some form of health insurance through group insurance plans that are offered by their employers. Most people in the United States however, fall under the category of Medicare or Medicaid insurance plans to cover their health care costs. Medicaid is available to individuals who are from the poorer socio economic backgrounds and have no insurance at all. Medicare is the public health insurance program which has been formulated to provide for the health care of the elderly and the disabled. It covers individuals who are aged 65 or over, or under 65 but with certain disabilities and those of any age with permanent kidney failure (www.medicare.gov). In the year 2003, Medicare expenses cost the U.S. Government a sum of $271 billion, representing 13% of the federal budget (Frankes and Evans, 2006). The program comprises two parts – Part A which covers hospitalization and nursing facilities, and Part B which covers physician and outpatient services, laboratory charges and medical equipment. Since costs for the Medicare program were turning out to be prohibitive, changes were introduced to the reimbursement policies in 2008, in an effort to reduce some of the expenditures and thereby bring about some trimming of the federal government budget on health care. The sweeping chang es proposed reduced payments for complex medical treatment procedures by 20 to 30%. Some of the major changes which were introduced and came into legal existence in 2008 were as follows (www.seniorjournal.com): (a) reducing reimbursement for procedures such an angioplasties and implanting of drug coated stents by 33% (b) reducing reimbursement for implanting defibrillators by 23% (c) Reducing reimbursements for hip and knee replacements by 10% Reimbursement for other diseases was also cut down; hospitals and health care professionals fully reimbursed only if their patients were suffering from one of 13 diseases which have been listed. The Medicare reimbursement policies for Inpatient Rehabilitation Facilities were revised further in 2009, validated legally from 2010. The patients are classified into different categories based upon their clinical symptoms and payments for clinical conditions that are secondary to the major one are no longer reimbursed (Ingenix, 2009). Cost outliner p ayments have also been readjusted to 3% of total estimated payments for Inpatient rehabilitation facilities. Coverage criteria were further revised for inpatient rehabilitation facilities with several pre-conditions being exposed, such as mandating therapy treatments to begin with 36 hours of the midnight of the day the patient was admitted.(Ingenix, 2009). It may be noted that the changes which had

ROBOTICS Essay Example | Topics and Well Written Essays - 1250 words

ROBOTICS - Essay Example The robot has imitated the human arm in most cases because this is where it receives application in industries. Regardless of the robot developed and application specification for it, robots have some basic characteristics that define them. Sensing is a key feature in robot development. They should be able to sense the environment around them. To be able to articulate this principle sensors like light sensors, sonar sensors, touch sensors and chemical sensors can be adopted to implement the robot (Anderson). A motionless robot is not a robot. The robot should have the ability to move in its environment. Using wheels, rollers, legs, and or thrusters can make the robot move to perform its tasks. Care is taken during application of the robot to ensure the environment does not harm the robot or vice versa. Owing to the use of electronic components and codes to give it logical sequence guide in its operation, means they utilize energy (Cordeschi). Because of its movement capabilities, its design should put consideration into powering itself. A degree of intelligence needs injecting into the robot design. This is the ability of a robot to be smart. Programming is the playground to implement the smartness of the robot as it works in the environment. The programs guide the robot on what to and not do. In general, a robot is a combination of sensors, power supplies, manipulators, control systems and software all gear to one task. Robots for industrial use rotate through three different axes. They achieve applications in the field of assembly, welding, pick, and placing objects, packaging, and inspection of products, testing, and painting. In fact, the said field of application requires endurance, fastness, and utmost precision (Igor Aleksander). This entirely are features that a robot can be designed to achieve. Robots in every manner attempt to imitate the human being. About this, analyzing a human body goes along way into