Monday, January 27, 2020
Online And Offline Business Environment
Online And Offline Business Environment The online marketing can open 24 hrs and round the year but the offline business quite impossible to open 24/7 offline marketing. Online marketing quite easy to marketing than the offline marketing . Online product can be taken more time to receive the product but offline receive within minutes. In the electronic age, no one beyond the advantage and disadvantage itself so offline and online business have some advantage and disadvantage. In case of market extend, offline business needs more staff and location and need to invest more money. On the other hand, online business effect of proper lack of development of internet infrastructure. Apple is the most valuable company all over the world. Its products more sophisticated, innovative and durable. IPhone and iPad are the most popular product in the present. Apple iPad is a more innovative design which is not changeable from the other hardware company so its value is better than other. According to Amit and Zott (2001), any product or firms can be value created by the efficiency, compelimentries, lock-in the customers and novelty. So the researcher analysis the these element to create the apple iPad value creation. Section 2: Comparison between online and offline business environment of apple products Some customers use one channel to do all shopping activities within a product and services and on the other hand some others use different channels at different stages for shipping within a single product category. For example, this type of customer search the information through the internet (online) and buy the product in a retail store (offline store). Customers have displayed complex buying behaviour in the rising multichannel (online and offline) environment, which is including traditional physical stores (offline) and the Internet , (online) (Alba et al., 1997). According to Evans and Wurster (1997) predicted that virtual sellers (online selling) will not replace totally retailers store because some market analysts are realizing that the future market will be a mix of channels. Apple Inc. has used online and offline business channels. The problem of the combination of two ( online and offline) sales channels and it is applying a complementary pricing strategy is still an emergi ng question in the online and offline environment. The researcher is comparing the online and offline business environment of apple products through the marketing mix. Products/services: Nelson (2007), has discussed the transaction about the products and services and further discussed about the offline and online business. In the offline business customers can go to the store and choose and touch the product in real and buy the items in the store. But in online products only can see the product catalogue and choose it from the catalogue and buy it without knowing is it the product appears in reality and order it through the website. Customer can see this product when after receiving it. The website is the main source of online product and brand of online company. The buyer should become aware, develop their understanding and be sure to explore for the product before going to buy the product. In the physical world the strategic looking into the companys detailed online offering. Apple also offers the online and offline store where customers can buy products through the online store and go physically to buy the Apple products in the apple store however Apple use offlin e store first and then update its online store so researcher can say apple uses mix channel (online and offline) in the simultaneously in present day. Some disadvantage of the online shopping in which breaking the trust between buyer and seller. Some cases report published on newspaper about the product selling on the internet such as online selling website, there was found some unethical activities of some people sell different, similar but low quality product send to the purchaser. Price : Price information available online, metering pricing, dynamic, customization and customer participating. The majority of commercial site functions as price lists of the companys physical product variety. Moreover that, the Web site is supposed by the online display and customer as a cost factor due to opportunity cost and connectivity cost, transaction costs and time. Even though these costs will be in for the most part cases lower than the cost of performing these activities physically, the customer will compare these with the cost of finding other online competitors and doing business with them. Apple products generally same cost of offline and online purchasing however some cases, buying through the online need to pay shipping cost too. Place: Huizingh (1999) cited on Efthymios C. (2002)suggested that online business business emphasis to the customer retention, customer service strategic internet applications model and relationship of marketing whereas collective needs insertion much more differentiate. According to Lawrence E., et. al (1999), described that a customer changes their behaviour according to time and new generations, and shifting their behaviour pattern collective to individuals. This statement provides the researcher a key thing to shifting behaviour pattern of customer take place offline business to online business. However traditional marketing concept is not compatible in the present e-business/commerce concept and growing present e-business/commerce articles emphasis more about the online transaction and online marketplace, real time processing of orders, Online order, online payment, involvement of other partner and online distribution product. Promotion : According to Aman. , et al (2010), The promotion refers to creating and understanding advertising for users to know about the products and services. Efthymios C. (2002)., Internet, in the business environment, is the major factor for attracting and retaining of the online customer. Traditionally developed strategies making them rapidly out of date, Oliver R.W., (2000). The product promotion through the online selling/marketing turns out to be a better than the offline selling. The online selling or marketing is more cost-effective than the offline marketing and online marketing is also faster than the offline marketing/ selling to a customer. According to Efthymios C. (2002)., the Web site is the online marketing medium as well as the promotional content. The web site is the main content for the online business environment of the any of the company. Promotions or good deals specifically for iPad or iPhone is not approved. Apple is not selling their product like the iPhone or iPad for promotional use nor offer has written consent for any company to give it away. Apple is using for sales promotion guarantees for money back, lower purchase price rate and return policy etc. The Apple stores are looking different and remarkable than the many other electronic stores because Apple exhibit all of its products for customers to understand practically. The apple major sales promotion surfing the web on any of their products like computers iPad, and iPhone etc.. Apple provides in hand-on in the stores in which the customers familiar with the Apple products in practical. Section 3: How Value Creation Of Apple iPad The performance of actions that increase the worth of goods, services or even a business. Many business operators now focus on value creation both in the context of creating better value for customers purchasing its products and services, as well as for shareholders in the business who want to see their stake to appreciate in value. Businessdictionary.com Amit and Zotts model of the sources of value creation in e-business technology. They discuss about the four dimensions of value creation in which efficiency, complementaries, locks-in and novelty which are given in the below in the figure. C:UsersTaraDesktopvalue crating.jpg Sources : Value Creation in E-Business How to create value through the e-business of apple iPad Amit and Zotts (2001)business model based on the e-business. This model particularly used in the firm but it can be extent firm boundaries. This model includes all the representative and outside the industry who does not involve the company because of the open networks based internet infrastructure of a particular transaction. Furthermore, virtual markets offer possibilities to expand products and services to integrate complementary products and enhance access to the resources and potentialities , cooperation of innovative forms can be the value created effectively. Amit and Zotts identified the four dimensions of value creation in which efficiency, complementaries, lock-in and novelty. Amit and Zott(2001) has shown many ways in which customer preservation can be superior, and firms provide loyalty programs and rewarding regular customers with particular bonus systems, and firms can develop a leading design according to its trademarks from business planning and trustful relationships build up to customers. According to Canada, A.(2012), Apple created the desirable offering and features to create customer lock-in and switching costs. Apple Apple iPad is also a new leading design device which has strong positive perception of the customers and through the e_business iPad locks its customers in its innovative design and function. Furthermore, e-business make possible to increase lock-in the customers through the modify products, services and according to the interest of the customers needs. Apple has locked their customers into its expanding ecosystem of products and services, as well as its content, (Canada, A. (2012). According to Amit and Zott (2001) suggests that in e-business is the high potential power for value creation, offering the package of complementary services to the customers. Apple creates its the ecosystem in which Apple iPad sales with free apps which access with other Apple devices. However apple do not sale their product in bundles. According to (Canada, A. (2012), generally iPhone and iPad users benefit from ecosystem integration of Apple devices like iPod, Apple TV, and the Mac PC. and Icloud allows clients to effortlessly share media between the devices. Apple TVs Airplay permits music and videos from the iPhone or iPad to be easily shared over WiFi. This service creates the value of Apple products also however, the Apple does not sell their product at bundle price and sells in separately. In the e-business, efficiency can be increased value of the products and services. According to AppleInsider Staff (2011), many hardware companies struggle to compete with the iPad in terms of sales and innovative design, they cannot match with apples iPad design efficiency so the Apple still sells its iPad in lower price into the market. E-business provide the cuts in cost transactions which gains the greater efficiency of lower cost transactions and make the product valuable. However Apple iPad is struggling with a google table in terms of price. Amit and Zott(2001) explain about the novelty. Innovation is broadly advertised as the key to long-term economic prosperity,and concerns have been raised as investing enough in innovation to drive future growth (Hamm 2009). Novelty dimension, through which value can be created, is to connect previously unconnected parties. Apple does the business it online and offline stores and it is not doing the business unconnected third parties. If Apple does the business with unconnected parities its value should be increased. E-businesses can be innovated in the method they are doing business in structuring transactions. For example, eBay set up customer-to-customer sale structure in which customer sales and buys their product on a large scale, and many unconnected firms create their value using the new innovative transaction systems and can enter the new markets through the e-business. Innovation is broadly advertised as the key to long-term economic prosperity,and concerns have been raised as investing enough in innovation to drive future growth (Hamm 2009). Conclusion and recommendations Apple should do their business with unconnected parities and create the value. For example, is one of the new company which given a new translation platform which is given a customer to customer buying and selling product, researcher has believed that if Apple iPad go to sell in a new transaction or unconnected parts, its value would be better than now. Apple does not sell their product at a bundle price according to Amit and Zott (2001), e-business is the great platform to sell the product. If the product sells in bundles or in package it can be create the value of the product so apple should be used for more value creation of Apple iPad and other products.
Sunday, January 19, 2020
Hope Essay -- essays research papers fc
                                                  White 2 Hope      Stephen King published his novella â€Å"Rita Hayworth and the Shawshank Redemption in 1982. In 1994 this novella was turned into a movie called The Shawshank Redemption. Frank Darabont wrote the screenplay. A good adaptation will capture the same overall essence of the written book or novella. Darabont did a wonderful job of adapting this novella into a movie. He captured the overall essence in a way that makes a heart rejoice in happiness and relief. The adaptation of The Shawshank Redemption is very well done. One of the major motifs of the story is â€Å"get busy living, or get busy dying.†This phrase sticks out the most in the movie. In the novella it is said once by Red just before he leaves to go to McNary, Texas, where Andy Dufresne crossed the border into Mexico after he escaped. Red was contemplating not going. He figured that so much of his life was already gone and wondered if it was even worth the trouble. But he told himself, â€Å"get busy living, or get busy dying†(King 105).      In the movie this phrase is first said by Andy in the prison yard just before he escaped. At this point in the movie Andy seems to be completely depressed. Throughout the movie, Andy always seemed to have a little smile on his face, but at this point it seemed as all hope was gone from him. He was talking to Red about Zihautanejo, Mexico. This is the place Andy wanted to go to after he got out of Shawshank. He talked about how beautiful it was and how he wanted to go down there and start a hotel                                                   White 3 on the ocean. Red told him to stop dreaming those â€Å"shitty pipe dreams.†This is when Andy said, â€Å"Get busy living, or get busy dying.†After that Andy tells Red about a place in Buxton where under a rock there w... ...ed. He stated, â€Å"It was great-too great, I thought, to be produced by any company in California†(King).                                                   White 6 Works Cited Cannon, Damian. â€Å"The Shawshank Redemption.†Movie Reviews UK 1998. 6 pars. 23 Apr. 2000 . Darabont, Frank, and Stephen King. The Shawshank Redemption: The      Shooting Script. New York: New Market Press, 1996. Washington Post. â€Å"The Shawshank Redemption.†Washington Post. 23      Sep. 1994. 23 Apr. 2000 . King, Stephen. â€Å"Rita Hayworth and the Shawshank Redemption.†Different      Seasons. Penguin Group, NY: Signet 1983. 15-106. The Shawshank Redemption. Niki Marvin, exec. prod. Frank Darabont, dir.      Videocassette. Castle Rock Entertainment. Warner Home Video, CA: 1997.
Saturday, January 11, 2020
Crash, and The Forest, The Trees, and The One Thing
The movie Crash tells the story of many seemingly unrelated people who are trying to live their lives in Los Angels, are actually intimately intertwined with each other. The article â€Å"The Forest, the Trees, and the One Thing†elaborates on the theme of interconnectivity by using the analogy of the individual trees, and how they come together to make a forest. Both the movie and the article show how people who are just trying to go about their dally lives affect others In more ways than we realize.The locksmith played by Michael Penn was the easiest to empathic with, because he was one of the only characters who was genuinely a nice person. The scene where he gives his daughter the invisible, impenetrable cloak was easy for most people to empathic with because he was being a good father by making his daughter feel safe. He is one of the most touching characters because even when the Iranian man is yelling at him and treating him badly, he tries to explain to him that the do or needs to be fixed, and not the lock that he keeps requesting.Sandra Bullock's racism visibly disturbs and Insults Michael Penn when he Is fixing her lock, because Sandra Is yelling at her husband that the man ‘†with the jail tattoos†is going to go give their eyes to one of his â€Å"homiest†so they can break in and steal from them. Michael does not say anything though, but he makes sure to leave all of the keys on the counter in front of her when he leaves to show her that she is wrong. Sandra Bullocks character Is a great example of how racial attitudes shape behavior.When Sandra and her husband are walking home from dinner, she Instantly grabs his arm when she sees two black men walking towards them. She Is racist so she immediately assumes that since they are black, they will try to rob them, which coincidentally is exactly what happens. This incident only serves to strengthen her already racist beliefs. When they get home, she is so paranoid that sh e makes her husband get their locks changed, and then wants the locks to be changed again in the morning because the locksmith has tattoos and is Latino.Her racist attitude towards others begins to show Its downfalls when she falls down the stairs at the end of the movie, and her own â€Å"friends†will not take her to the hospital because she is at the spa. Sandra then relies on her Mexican maid, who she regularly berates, to take her to the hospital and make sure she is taken care of. Sandra realizes that her aid is the only one who was there for her, and that her maid is her only real friend. Matt Dillon plays a bitter, racist cop who is teaching his rookie partner the ways of the force.The last thing that he says to his rookie partner Is ‘Walt until you've been on the Job a few more years. Walt until you've been doing It a little bit longer. †Dillon is implying that after a few years, Ryan Philippe will start to see the trends that eventually lead to more bla ck men being arrested than white men. This trend comes from racist cops who believe that black people are criminals, and it reinforces their life because they keep arresting black people. Dillon also blames the black supervisor at his fathers HOMO for not providing adequate treatment for his father.He thinks that she only has the Job because she Is black and he thinks that a more lady to get the Job. Ludicrous' character is a stereotypical black criminal in LA who has vowed to only steal from white people. When he hits an Asian man in the street, he wanted to Just leave him to die, but his friend made sure that they dropped him off at a hospital. In the beginning of the movie, he complains to his friend that everyone else thinks that hey have him figured out because he's black, especially when Sandra Bullock grabs her husband's arm. He then proceeds to steal Sander's car and prove that she was right to be scared.Ludicrous then breaks his one promise, to never steal from another blac k man, when he tries to carjack the Movie Director Cameron. After Cameron has the standoff with the police and he is let go with a warning, he drops off Ludicrous at a corner and tells him Mimi embarrass me. You embarrass yourself. †Ludicrous then commits what is probably the most morally correct act of his life by saving the updated Chinese people that he found in the back of a van that he had stolen. The last character that I am analyzing is Ryan Philippe, the rookie cop.When his partner Matt Dillon pulls over the black couple, he feels uneasy because he can see the racial motivation that his partner has for pulling him over. He is beginning to see â€Å"the real world†that is not sugar coated. When he requests to be moved to a solo car because he does not like how his partner is racist, the Chief tells him that he needs a better reason. He begins to realize that most people won't personally care about him, and that they only care about themselves. He is becoming aw are that it is a dog eat dog world, and he needs to learn in order to survive.The article â€Å"The Forest, the Trees, and the One Thing†and the movie Crash are both great examples of connectivity. In Crash, all of the characters affect each other in one way or another, and â€Å"The Forest, the Trees, and the One Thing†shows us, the readers, how we may affect more people than we think. The article tells us about the Forest, which is society, is made up of a multitude of trees, or individual people, and the One Thing that makes the Trees a Forest, is the One Thing, which is the interactions are connections between the Trees, between the individual people.This is also shown in the movie because of the many different interactions between all of the characters and how they unknowingly influence each other. The idea interactions and connectivity is expressed in â€Å"The Forest, the Trees, and the One Thing†is shown when the author says â€Å"The choices we make as individuals matter beyond our loves more than we can imagine†. The author also elaborates on the effects of racism in a society giving examples such as â€Å"When the subject of race and racism come up, white people often withdraw into silence as if paralyzed by guilt†.The character played by Ludicrous also expresses feeling similar to this when he talks to his friend about how everyone thinks that they know him and â€Å"type†. As humans we think of most things as a collection of parts that function together in order to do things that each part would be unable to do on its own. We think of families as individual people, the mother, father, daughter, son, sister, brother, and their relationships with each other is what makes them a family. If this is the way that we think of things and comprehend them, then we can think of society in that way as well, Just with more people, more trees.We begin to think about the relationships that we normally overlook, such a s the cashier at the Cutbacks that you make small talk with while you we realize how much of an impact we have on other people with Just these little interactions, we realize that all of us play a large role in the big family that we call society. In the forest, little trees can be protected from storms under the canopy of larger trees, or the larger tree can slowly kill the smaller trees by not letting enough sunlight through. Without realizing it, everyone influences everyone, and that, is the one thing that makes Just a bunch of trees, a forest.
Friday, January 3, 2020
Race And Crime Criminal Justice System - 1460 Words
Race and crime are interwoven with how justice and criminology are handled. Police have a racial bias against blacks and incarcerate them in larger numbers than any other race. Statistically, blacks have a higher arrest and incarceration rate than other races do. Due to police being taught that racial profiling is a necessary part of the job, blacks have now become a prime target for many false arrests and often serve jail time for a crime they may not have committed. The black community often expresses their distaste with the criminal justice system, and how their community is handled, but encounter opposition from a group of people who believe nothing is wrong. With justice and bias, there are many improvements that need to be made regarding how criminals are arrested and charged, especially when race is a factor. Statistically speaking, blacks are arrested more frequently than any other race. According to the department of justice statistics, 43% of all imprisoned males are black (Carson, 2014, p.8). In contrast, whites only make up 32% of the prison system, with other races making up the remaining 35% of incarcerated males (Carson, 2014, p.8). This situation is an issue because whites make up 63.1% of the Americas population, whereas blacks make up a mere 16.2%, according to the bureau of statistics. There is also a much larger majority of falsely imprisoned black Americans than there are any other race. The law enforcement community is also often racially bias which isShow MoreRelatedRace And Crime Of The Criminal Justice System6937 Words  | 28 PagesRace and Crime For hundreds of years’ race and crime in America has been an ongoing issue. 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Thursday, December 26, 2019
Nike Business Analysis Essay - 1378 Words
IV. Marketing strategy As a leading athletic brand in the world, much of Nike’s success can be attributed to its shrewd marketing strategy. As reported in its 2009-2010 Annual report, because NIKE is a consumer products company, â€Å"the relative popularity of various sports and fitness activities and changing design trends affect the demand for our products†. Therefore, Nike must â€Å"respond to trends and shifts in consumer preferences by adjusting the mix of existing product offerings, developing new products, styles and categories, and influencing sports and fitness preferences through aggressive marketing†. In fiscal year of 2009, Nike’s demand creation expense, which consists of advertising and promotion expenses, including costs of†¦show more content†¦Nike, as shown in FY 07-09 CR report, is well aware of its environmental responsibility. Highly committed itself to creating extraordinary performance products for athletes while managing our business within natu re’s limits, Nike developed its own North Star to define what sustainable products and a sustainable company would look like: * Healthy chemistry: Minimize the impact of product ingredients throughout the life cycle * Climate stability: Provide leadership toward climate stability * Water stewardship: Borrow water responsibly and return it clean to communities * Closing the Loop: Product creation to allow for material recovery or safe return to nature * Thriving communities: Enable all our stakeholders along our value chain to meet their needs and lead fulfilling lives * Game changers: Educate, challenge and empower athletes to join the sustainability journey To achieve its goal, Nike has broken it into a number of smaller attainable steps. For example: * Product design: Internally, Nike mobilizes its human resources to influence the development of short-, mid-, and long rang projects that make progress towards closed-loop product. Externally, Nike actively postsShow MoreRelatedNike : Business Analysis : Nike1484 Words  | 6 PagesNike Business Analysis Donny Otwell, Jasen Saavedra, Mohamed Takkouch Business 10 Mrs. Rochin December 5, 2016 Donny Otwell, Jasen Saavedra, Mohamed Takkouch Mrs. Rochin Bus 10 December 5, 2016 NIKE Although facing major competition throughout their history, Nike has been able to grow from a two-man team into a multibillion-dollar corporation in less than 40 years. Nike was started in 1971 after Phil Knight had done research with FormerRead MoreNike, Inc. Business Strategy Analysis3636 Words  | 15 PagesDUTA WACANA CHRISTIAN UNIVERSITY | NIKE, Inc. Business Strategy Analysis | Issues in Strategic Information Management | BIS301 | Elia Sagita Wijaya E1000235 | Table of Contents I. Executive Summary 2 II. Background and Assumptions 2 III. Mission Statement, Goals and Objectives 2 IV. Remote Environment 3 A. Economic Factors 3 B. Social Factors 3 C. Political and Legal Factors 4 V. Porter’s Five Forces 4 A. Bargaining Power of Suppliers 4 B. BargainingRead MoreBusiness Analysis : Ikea And Nike2067 Words  | 9 Pageslandmark. McDonald’s, IKEA and Nike are all examples of brands that have had their restaurants or stores become national landmarks and in turn have become globally successful. They have each done this in different ways. McDonalds have adapted their restaurant designs and menus to fit in with the local culture and environment to become successful. Whereas IKEA have remained the same but have built up a reputation for the unique way they sell their products, in large showrooms. Nike have created their ownRead MoreNike, Mission, Vision, Values, Principles Essay704 Words  | 3 PagesRunning head: NIKE, Inc. Mission, Vision, Principles 1 NIKE, Inc. 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Nikes business model is heavily dependent on supply chains, as the majority of their products are manufactured in Asian nations, either inRead MoreEnvironmental Scan Paper1535 Words  | 7 Pagesaccurate assessment of the internal and external variables of a company, the business managers would have to use a SWOT analysis to develop awareness to different of the company. For example, the company could want to measure consumer behavorior, competitor behavior, and current trends in their marketplace. Environmental Scan and SWOT Analysis The information discovered from conducting an environmental scan and SWOT Analysis is vital to an organization’s success as it will help businesses gain an accurateRead MoreEnvironmental Scan Essays952 Words  | 4 Pagesopportunities, threats, and trends of the business.  Environmental scanning can be defined as the procedure of collecting, examining, and assigning data for strategic purposes. The finest way to achieve environmental scanning is by generating a SWOTT analysis. A SWOTT analysis is in what way a business can outline the company’s strengths, weaknesses, opportunities, threats, and trends that are significant to the business. The corporate environment of a business makes known much about competitivenessRead MoreNike Macro Environmental Analysis Essay699 Words  | 3 PagesPA1: Nike - Environmental Marketing Analysis Mahendranath Gunti BUS 510 - Marketing Management Westcliff University Instructor: Dr. Geraldine Goodstone Nike is a global brand headquartered in the United States, Europe, and the Asia Pacific region, specialized in the manufacturing of athletic apparel, footwear, accessories and equipment. Nike products can be found in over 20,000 retail stores. This paper focuses on the six macroeconomic factors (political, Economic, Social, Technology, LegalRead MoreNike, Clothing, Fashion Accessory, Foot Wear, Sports Equipment824 Words  | 4 PagesIntroduction Company Name: Nike, Inc. Industry: Clothing, Fashion Accessory, Foot Wear, Sports Equipment Internet address: www.nike.com Primary SIC code: 3021 - Rubber and Plastics Footwear Primary NAICS Code: 316210 - Footwear Manufacturing Major Products and Services: 1. Nikes major products are; athletic shoes and apparel for soccer, basketball, tennis, football, Running, golf, the Jordan brand, Men’s Training, Women’s Training, Action Sports. 2. Equipment: Nike produces sporting equipmentRead MoreCompetitive Analysis Of Nike Vs. Nike1497 Words  | 6 PagesCompetitive Analysis The chief competitors to Nike are Adidas, Reebok, Under Armor and Puma and the minor competitors are ASICS and VANS. In accordance with Porter’s 5 Forces, Nike has faced competition by using different and distinct capabilities in marketing. One attribute to such capability is its value or benefit offered to its customers. The intensity of competition from its competitors is high for each firm competes in various key areas of business. For example, Adidas has loyal customers who
Wednesday, December 18, 2019
Impact of Consumer Protection Agencie in Nigeria
IMPACT OF CONSUMER PROTECTION AGENCIES IN NIGERIA: A STUDY OF CPC, CAFON AND CEON BY AMZAT SHERIFFDEEN ADEWALE MATRIC NO: 06076963 A PROJECT SUBMITTED IN PARTIAL FUFILLMENT OF THE REQUIREMENT FOR THE AWARD OF BACHELOR OF ARTS IN THE DEPARTMENT OF MASS COMMUNICATION, FACULTY OF MANAGEMENT AND SOCIAL SCIENCES, OLABISI ONABANJO UNIVERSITY, AGO-IWOYE, OGUN STATE. MARCH, 2012 CHAPTER ONE 1.0 BACKGROUND TO THE STUDY Consumer protection is defined as the efforts of the government and private organizations to ensure that the consumers are not exploited by the producers. Through consumer protection, the government ensures that the consumers derive maximum satisfaction from the goods and services available in the market. All of us are†¦show more content†¦1.1 DEFINITION OF PROBLEMS As a result of heavy profiteering by commercial organizations at the expense of the uninformed consuming public, governmental and independent consumer protection agencies, organizations and forums are being formed to address the apparent negligence of consumer rights, protection and customer care in service delivery. The enforcement of consumer rights is a serious problem in Nigeria. Consumers are often reluctant to enforce their rights for a variety of reasons: ignorance of their rights, poverty, and the judiciarys rigid adherence to strict legal rules that make it very difficult for consumers to prevail. When a consumer alleges that the defects in a particular product are the result of negligence, for example, the consumer must prove the acts or omissions in the production process that constitute negligence. The issue is complicated by the defense of foolproof system of production, which has become rather popular with manufacturers. The practice adopted by manufacturers is to demonstrate an impeccable system of production with a view to convincing the court that such a system is incapable of admitting any defect as alleged by the consumer. Decided cases show judicial inclination to accept such foolproof system as a defense. (See, e.g. Boardman v Guinness (Nig.) Ltd. (1980)
Monday, December 9, 2019
Medical Law Children and Mental Healthâ€Free Samples for Students
Question: Discuss About The Medical Law Children And Mental Health? Answer: Introduction The Convention for the Protection of Human rights and Fundamental Freedoms has attained a new name and this is the European Convention of Human Rights, i.e., ECHR. This Convention is an international treaty which offers protection to the fundamental freedoms, as well as, human rights in Europe[1]. This Convention was drafted back in the year of 1950, by the Council of Europe, which was newly formed at that time, and the same came into force from the date of September 3rd, 1953. The member states of the Council of Europe are a part to this treaty, and eve the new members are required to ratify the same, as soon as possible[2]. ECtHR, or the European Court of Human Rights, had been formed under this convention for the purpose of providing a stage, whereby a claim can be made by a party, which feels that their rights, provided under this convention, have been contravened. However, only a state party can take such a case before the ECtHR. And the verdicts given by the ECtHR is binding upon the respective states and have to be necessarily executed by them. The execution of these judgments is ensured by the Committee of Ministers of the Council of Europe[3]. This convention consists of three different parts, as amended by Protocol 11. Section I, containing articles 2-18, contains the rights and freedoms; Section II, containing articles 19-51, set up the Court, along with the rules of operation; and Section III contains the different concluding provisions. One of the articles contained in Section I, provides the right of liberty and security to the individuals. The young individuals and the children also have the right to not be deprived of their liberty without a proper legal authorization and review[4]. In the following parts, this very protection given to the individuals below the age of 18 years, through Article 5, with a particular reference to the methods of authorization and review, has been critically analyzed. Article 5 of the ECHR contains the rights, which an individual has, with regards to the liberty and security[5]. As per this article, each and every individual has the right to have and enjoy their liberty and security. An individual cannot be deprived of their liberty, unless the same is for the specified cases and is as per the procedure which has been prescribed by the law[6]. The specified cases include: An individual being legally detained after being convicted by a competent court; An individual being detained or arrest in a lawful manner, due to the failure in complying with the legal order of a court of law, or with the reasons of securing the obligations which have been prescribed through the law; An individual being detained or arrest in a lawful manner, which has been effected for the reasons of bringing such an individual before the competent legal authority due to a reasonable suspicion of having being indulged in an offence, or in such cases where it becomes reasonably important to prevent such individual from fleeing after committing a crime, or from carrying out a crime; A minor being detained due to a legal order for the reasons of educational supervision or such minors legal detention with the objective of bringing him before a competent legal authority; A individual being lawfully detained so that the individual could be prevented from spreading an infectious disease, or a person who is of unsound mind, or is an alcoholic or drug addict, or is a vagrant; An individual being detained or arrested in a lawful manner so as to stop him from undertaking an unauthorized entry in a country or of such an individual against whom, some or the other action is being taken, with a view of extradition or deportation[7]. When any of such cases take place, the individual who has been arrested, has to be informed immediately regarding the reasons for the arrest which have been made, and the charges which have been laid down against him, and this has to be done in a language, which the arrested individual can understand[8]. In accordance with the provisions of Article 1(c), the detained or arrested individual has to be brought immediately before an officer who has been authorized by the law, or before a judge, to exercise their judicial power[9]. Moreover, such an individual is entitled to a fair trial, which has to be conducted within a reasonable period of time, or the individual has to be released pending the trial. This release, though, can be done with certain conditions, for instance, to guarantee that the individual would appear before the court for the trial[10]. Each and every individual, who has been deprived of their liberty, due to being detained or arrested, has to be entitled to take the proceedings through which the legality of his arrest and detention has to be decided by the court in a speedy manner. In case the detention or arrest is not held as lawful, the individual has to be released pursuant to release order given by the court of law. In addition to this, such an individual, who has been a victim of detention or arrest, which results in contravention of this Articles provisions, has the right of being compensated for such behavior[11]. Analysis Article 5 contains the word minor, which means an individual below the age of 18. In the case of Regina v Wigan Metropolitan Borough Council, Ex parte Tammadge[12], a noteworthy discussion was provided with regards to the scope of Article 5(1) (d), which relates to the detention of minors. In this particular case, the appellant was a 15 year old boy, who was not under the control of his parents, as per the claims. It was alleged that this boy was preoccupied with sex and could become aroused sexually whenever he was aggressive or angry. Another claim was made as per which he was a threat to the other children and even to himself. In the later parts of 1998, he was charged with assault on young residents and staff in his placement and of indecent assault. This kid was also involved in two separate incidents of arson. As per section 25 of the Children Act, 1989, a secure accommodation order was imposed on the child on June 30th, 2000. In order to authorize the continued detention of th is kid, the Council applied for this order, in a secure accommodation unit located in Staffordshire[13]. An appeal was made against this particular order. On behalf of this boy, an argument was made that section 25 of the Children Act, 1989[14] was not compatible with the Human Rights Act, 1998, by making reliance over the Article 5 of ECHR. The issue which was raised before the court was did the order which was made regarding the secure accommodation, could be treated as a deprivation of liberty. Further, if such was to be treated as deprivation than under which category of Article 5(1) it would fall[15]. The application was dismissed by the court and it held that the order made regarding the secure accommodation order was indeed a deprivation of the liberty of the kid. Moreover, this deprivation was as per Article 5 (1)(d) of ECHR. While giving this verdict, the decision given in the case of Koniarska v United Kingdom[16] was followed. It was held that Article 5 (1)(d) of ECHR was related to the detention of minors, and did not relate to the detention of individual who were below the official age of leaving school. Hence, just because the boy had cross the official age of leaving school, a detention as per the specific order could not be deemed as for the purpose of educational supervision[17]. The words educational supervisions, in the context of detention of minors, do not have to be equated with the classroom teaching notion, in a rigid manner. With a specific reference to the context of an adolescent in a local authority care, a number of aspects are embraced by the educational supervision regarding the exercise of parental rights by the local authority for the protection and benefit of the youth. The decision given in Regina v Wigan Metropolitan Borough Council, Ex parte Tammadge provides a clarity regarding this aspect. The age of minor being below 18, was further affirmed in the case of X v Switzerland[18]. In this case also, a child of less than 15 years of age was involved, who had a history of offences in his portfolio, including that of theft and traffic. Here also, the applicable article of ECHR was held to be Article 5 (1)(d) of ECHR. The juvenile in this case had been accused of a range of different offences and he was placed in a closed institution for observation and even a psycho-medical expert report was drawn up[19]. However, a decision different from that of Regina v Wigan Metropolitan Borough Council was given in this case. This is because of the slight change in circumstances, which changed the entire verdict. Unlike the case of Regina v Wigan Metropolitan Borough Council, in X v Switzerland, the detention was held to be legal in this case. This was because the procedure which has been prescribed by the law was properly followed in this case. A proper investigation was undertaken in this case by the office of public prosecutor for the juvenile cases. This affirms that due to the applicability of Article 5 of the ECHR, the rights of the children are protected. As was seen in this case, the juvenile was presented with a proper investigation, which provided legality to the actions undertaken by the court, in form of the order made. Article 5 (1)(d) of ECHR does not only provide the provisions enabling a minors detention, it also contains specific, though not exhaustive, examples of such situations where the minors can be detained for the purposes of brining them before a competent legal authority or for their educational supervision. In the case of Mubilanzila Mayeka and Kaniki Mitunga v Belgium[20], a number of articles of the ECHR were contravened, and amongst this were the articles 5(1) and 5(4)[21]. Article 5(1) of the ECHR was held to have been contravened as per the court as the child had been detained as per the law, where no provisions were present which were specific to the minors, for a centre which was meant for the adults, and so, it was extremely unsuitable for the vulnerable situation in which the child was. And the court was of the view that the liberty of the child has not been protected in an adequate manner. Article 5(4) of the ECHR was also violated in this case. This was because the child was deported, without given any consideration to the fact that an application had been lodged by her for release, and even more so, the same had already been granted. Due to these reasons, the application had been rendered ineffective[22]. Article 5(1)(d) of the ECHRs first limb gives authority of detaining a child based on an administrative or court order, so that the attendance of the child can be secured at an educational establishment. And as has already been mentioned and established through Regina v Wigan Metropolitan Borough Council, the wordings educational supervision, cannot be rigidly equated with the notion of classroom teaching. A range of aspects of parental rights, regarding the exercise of authority, for the protection and benefit of the individual involved, has to be supervised under this[23]. In Bouamar v Belguim[24], the plaintiff was a 17 year old kid, who was also a Moroccan citizen and was placed temporarily in borstal nine times, just because there had been a scarcity in finding an institution or a person, who would take him in. overall, the minor had been deprived of his freedom for a period of 119 days. The court held that the state was required to set up proper infrastructure for carrying out its function. This was due to the fact that the minor had opted for a system as per which the juvenile offenders had to be monitored. And the detention which the minor had to undergo was irregular in nature and thus breached both Article 5(1) and 5(4)[25]. In the matter P. and S. v. Poland[26], mother and daughter were the applicants in the case. At the age of 14, in 2008, the daughter became pregnant due to being raped. The absence of a comprehensive legal framework was complained by the applicant, which could guarantee the daughter with a timely, as well as, an unhindered access to abortion as per the conditions placed through the relevant laws, and regarding the information pertaining to the case being disclosed to the public. A complaint was also made pertaining to the daughter being removed from the custody of her mother, and being placed in a juvenile shelter, and later on in a hospital, as being illegal an unlawful. They claimed that the circumstances which took placed amounted to a degraded and inhumane treatment. It was held by the court that there had been a contravention of three articles, i.e., 3, 5 and 8. Article 5 was contravened as the detention of the child had been unlawful and was done only to prevent the abortion[27] . The case of Ichin and Others v. Ukraine[28] revolves around two boys, who were of the ages of 13 and 14, and were held for 30 days in a juvenile holding facility as they had robbed some kitchen appliances and food from the canteen of the school. This took place even when the boys had made a confession about the committed theft and also had returned the stolen goods partly, and were below the age of criminal responsibility. The court held that the detention of the boys failed to provide the needed educational supervision and so, the Article 5(1) of the ECHR was contravened in this case[29]. They further stated that the juvenile holding facility was not suitable for the boys and there was an absence of intent to present them before the competent legal authority[30]. A juvenile holding facility, in itself cannot be constituted as educational supervision in the view of court, when there is an absolute lack of educational activities. In case a system of education supervisions is opted by a State, which involves a deprivation of the liberty, it becomes obligatory in such state, to put in place, proper institutional facilities, which can meet both the educational and security demands of the system, so that the requirements placed under Article 5(1)(d) can be satisfied[31]. In the matter of Amie and Others v. Bulgaria[32], due to the lack of realistic prospect of the expulsion of Amie, the deportation could not be justified for the entire period of his detention. This was in addition to the failure on part of the domestic authorities in conducting the proceedings with proper and required diligence. The Court could not find that the domestic proceedings, which took place in Bulgaria, were compliant with the conditions stated in Article 5(4). This was due to the time which was taken by the national courts, in making a determination, regarding the legal challenges to the detention order, as these were not compliant with the requirements of the provisions of the decision being taken in a speedy manner. In addition to this, the failure of the courts in getting a release order directly was also in contravention to Article 5(4) as this provision presents the remedies, through which the decision making body has the ability of releasing the detainee[33]. In the legal matter of D.G. v. Ireland[34], a minor was detained in the St. Patricks Institution and he made an application that Articles of ECHR, i.e. Article 3, 5, 8 and 14 had been breached due to this detention[35]. It was held by the courts that the detention of the applicant, who was a minor, was not done for the educational supervisions, as has been described for the purposes of Article 5(1)(d). And hence, this article was held to have been breached. For this particular violation, as per Article 5(5) of the ECHR, the minor was awarded non-pecuniary damages to the amount of 5,000, along with 16,138.96, as being the cost and expenses incurred by him[36]. Article 5(1)(d) of the ECHRs second limb administers the legal detention of a minor so that he can be presented before the competent legal authority. The travaux prparatoires provided that this particular provision was brought with the intention of covering the detention of a minor before the administrative of civil proceedings are initiated, while Article 5 (1)(c) provided the provisions with regards to detention of an individual with regards to criminal proceedings. Though, the detention of a minor, who has been accused of a crime when the psychiatric report is prepared, which is required for taking a final decision regarding the mental condition of such a minor, is considered as a detention for the purpose of bringing the minor, as per sub-paragraph (d), before a competent authority[37]. An example of this could easily be seen in the case of X v Switzerland, mentioned earlier. Conclusion The conclusion is very clear in this study. European Convention on Human Rights and Fundamental Freedoms, or the newly named ECHR provides various protections to the individuals with regards to their rights. A specific article of ECHR, i.e., Article 5, protects the individuals from being deprived of their liberty without having a legal backing and proper review. This is with a particular reference to the children and young people, who have been protected through this Article, time and again, and this is evident from the number of case laws highlighted above. This article ensures that the minors, if detained, have been given the proper treatment and that the reasons for the detention are as prescribed under it. Any violation of this article, not only results in a negative order being passed against the party violating this article, but also provides the damages to the affected minor. Hence, it can be clearly and aptly concluded that Article 5 does protect the children below the age of 18 References Amie and Others v. Bulgaria 58149/08 Bouamar v Belguim 11 EHRR 1 1987 D.G. v. Ireland 39474/98 Ichin and Others v. Ukraine 28189/04 28192/04 Koniarska v United Kingdom (2000) (Unreported, 12/10/2000) Mubilanzila Mayeka and Kaniki Mitunga v Belgium 13178/03 and S. v. Poland 57375/08 Regina v Wigan Metropolitan Borough Council, Ex parte Tammadge (1998) 1 CCLR 581 X v Switzerland 8500/79 Statutes and statutory instruments Children Act, 1989 European Convention of Human Rights Human Rights Act, 1998 Secondary Sources Books Bates E, The Evolution of the European Convention on Human Rights: From Its Inception to the Creation of a Permanent Court of Human Rights (Oxford University Press 2010) Goldhaber MD, A People's History of the European Court of Human Rights (Rutgers University Press 2009) Harris D, O'Boyle, M, Bates E, and Buckley C, Harris, O'Boyle Warbrick: Law of the European Convention on Human Rights (3rd edn, Oxford University Press 2014) Schabas WA, The European Convention on Human Rights: A Commentary (Oxford University Press 2015) Verhellen E, Monitoring Children's Rights (Martinus Nijhoff Publishers 1996
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