Friday, December 27, 2019
Working For Inner City Education Foundation Public Charter...
In many aspects of life, it is essential that you work with other individuals as a team. You can work in a team whether it is school, work, or your personal life. This year I started working for Inner City Education Foundation public charter schools, specifically ICEF Inglewood Elementary Academy. The school has approximately 40 staff members that were all placed together by the director of the school. There are multiple classifications at my job such as instructional assistants, teachers, office staff, intervention specialists, operations, and janitors, but we all operate as one unit. Through the five stages of team development, our team developed and continues to develop into a successful team. Forming Stage: When I first started working for the school in August, I never met any of the people who would be working at the school along with me. The first day I arrived to work I learned that the new team I was going to be a part of at ICEF Inglewood Elementary had 96% of new staff. During this time I realized the team was in the forming stage, we were all getting acquainted and oriented with each other. The team leaders aided in this stage by providing a breakfast followed by games for the whole staff. During the breakfast, making conversation I felt the feeling of uncertainty I was not sure if I would like it or fit in. After breakfast, we played games that were used as ice breakers. The icebreakers we played began to make me feel comfortable and realize I had a lot inShow MoreRelatedReaction Paper on Waiting for Superman4504 Words à |à 19 PagesThe Myth of Charter Schools by Diane Ravitch From The New York Review of Booksââ¬âNovember 11, 2010 Waiting for ââ¬Å"Supermanâ⬠a film directed by Davis Guggenheim Anthony, a fifth-grade student hoping to win a spot at the SEED charter boarding school in Washington, D.C.; from Davis Guggenheimââ¬â¢s documentary Waiting for ââ¬ËSupermanââ¬â¢ Ordinarily, documentaries about education attract little attention, and seldom, if ever, reach neighborhood movie theaters. Davis Guggenheimââ¬â¢s Waiting for ââ¬Å"Supermanâ⬠Read MoreMy Purpose For Seeking A Doctorate Degree1506 Words à |à 7 Pagestheory and research methods as it pertains to education. I particularly want to hone my research skills since I feel that the significance of gaining research skills is crucial in order to becoming a life-long learner and developing intellectual self-actualization as I prepare myself for furthering in Education. I realize the importance of gaining credibility among my future colleagues and people that I will be serving in the field. My view of Education is that of a reformist. I have a particular interestRead MoreThe Importance Of Charter School1824 Words à |à 8 PagesAnother issue will an all charter school district is parent involvement. There are so many different types of parents: some take initiative and others do not. Would parents who normally do not take a notice in their childââ¬â¢s life take any interest in researching which charter school they would like their child to go to if the district was made solely of charter schools? William Jeynes (2009) argues that parents may not have ââ¬Å"sufficient information about the options available to make the most prudentRead MoreThe Education Concept Of Education1746 Words à |à 7 PagesEducation is the key to success, or so it is set out to be. People among all social status will correlate a ââ¬Å"good educationâ⬠with success. For the disadvantaged it is seen as an opportunity to climb the social ladder. Among the upper class, a quality educatio n is still a priority, with young people following legacies. Nowadays, a high school diploma is a basic necessity for even a middle-class job. However, what constitutes of a quality education is disputable. Within the system itself there is debateRead More The Pros and Cons of Affirmative Action Essay3458 Words à |à 14 Pagesbetter solution. à à à à à à à à à à Affirmative action or positive discrimination can be defined as providing advantages for people of a minority group who are seen to have traditionally been discriminated against. This consists of preferential access to education, employment, health care, or social welfare. In employment, affirmative action may also be known as employment equity. Affirmative action requires that institutions increase hiring and promotion of candidates of mandated groups. (Rubenfeld, 1997Read MoreAffirmative Action: the Topic of Debate for Many Years3498 Words à |à 14 Pagesis a better solution. Affirmative action or positive discrimination can be defined as providing advantages for people of a minority group who are seen to have traditionally been discriminated against. This consists of preferential access to education, employment, health care, or social welfare. In employment, affirmative action may also be known as employment equity. Affirmative action requires that institutions increase hiring and promotion of candidates of mandated groups. (Rubenfeld, 1997Read MoreAll About Peace Education13195 Words à |à 53 PagesALL ABOUT PEACE EDUCATION *Dr. Ajay Kumar Attri, Lecturer; Department of Education, MLSM College ; Sundernagar; Mandi (H.P) âž ¢ INTRODUCTION: Education shall be directed toward the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups and shall further the activities of the United Nations for the maintenance of peace.Read MoreEducation System in England7734 Words à |à 31 PagesThe education system in England [pic] Pre-school education The pre-school sector includes a patchwork quilt of places provided by state, voluntary and private nurseries, childminders and playgroups - available to children between the ages of two and five. At the end of 2000 there were 937,000 pre-school places available - 264,000 in day nurseries, 353,000 in playgroups and other settings and 320,000 with childminders. The government has promised to improve the quality of education available forRead MorePublic Health Paper12265 Words à |à 50 PagesFrom past to present; the changing focus of public health by Maria Joyce Key sections include: Environment, infectious disease, locating public health, the enlightenment, the Sanitarians, national provision of services, the inception of the National Health Service, ââ¬Ëcrisis in healthââ¬â¢, The New Right, The Third Way, new public health. Public health, the new ideology may be taken to mean the promotion of healthy lifestyles linked to behaviour and individual responsibility supported by governmentRead MoreThe Main Problems of Economic Development of Kazakhstans Regions11951 Words à |à 48 PagesThe economic framework of local governance The economic foundations of the local government of the Republic of Kazakhstan are: - Municipal property; - Local finance; - Property in state ownership and transferred to the management of local governments. The material and financial resources, which are the economic foundation of local government, determine in fact the efficiency of local government. The economic foundation for local governance is a set of legal norms that regulate social relations
Thursday, December 19, 2019
The Responsibility of a Catholic Citizen in a Free...
The Responsibility of a Catholic Citizen in a Free Society Before we start to talk about our responsibilities we should be grateful that we are able to practice our own faith and we can stand up for our religion and speak up about it. We are here to be an example for the rest of the people out there who do not know any better and are falling in there lives. It is our responsibility to help them. We also have responsibilities of our own - respecting authority of both the church and government, evangelizing or spreading the word, donating time and money to church and those in need, tolerance and many more. We are surrounded by challenges like abortions, poverty, and violence which all destroy the lives of people that were putâ⬠¦show more contentâ⬠¦Those are some of our responsibilities. We also need to help the ones who are in need and the poverty that goes on now days. It is unfair to those who are in need and we are greedy. We need to share our wealth with others. Also we need to stop the racism that goes on. We are all fr om different varieties of races. Ranging from every ethnic background to living in urban, rural, and suburban communities. Some people have lower status jobs than others. Wherever they fall in the category we need to respect everyone. Human life is a gift from God, and it is our responsibility to protect it because God gave it to us. We should encourage the government and higher officials to pass laws that protect life. Like we should help those who are pregnant and cannot manage to take care of the baby, people who live in very poor conditions and do not have enough money to pay medical expenses are examples of problems we face today, which take lives. Another way of violence is war. The church has always been against war. The church says to solve the problem by peaceable means. We are the ones who have to defend ourselves and society against violent crimes and matters like that. Another issue is that we have to strive to make the needs and concerns of families. Marriage is somethi ng that God intended to be good and the starting of a family. That is the basic starting of a family life. People today are facing many problems that bring discomforts into familyShow MoreRelatedResponsibilites of a Catholic Citizen Essay579 Words à |à 3 Pageslives of many people throughout the world. Being a Catholic Citizen in todayââ¬â¢s free society, we have many responsibilities. Some being: to make known to the world of how precious Godââ¬â¢s gift of life to us really is, to spread the faith, and to donate not only money but also there time to those in need. God gave us precious life and free will, but meant for us to use our free will to protect His precious gift, not destroy it. In todayââ¬â¢s society, there are too many choices. Abortions, poverty, andRead MoreImpact Of The Early French Revolution1114 Words à |à 5 Pagesdid it actually mean any real change for the citizens of Europe? The answer is absolutely ââ¬Å"Yesâ⬠. While the lives of the citizens outside of France fall outside of the scope of this paper, simply examining the lives of French citizens is more than enough. One need only look at the laws, and the changes to both the privileges and the responsibilities possessed by the various positions of society to see a clear contrast of before and after. Franceââ¬â¢s society and economy were nearly upended, with all threeRead MoreMy Family And I Attended Mass At St. Alexander Catholic Church853 Words à |à 4 Pagesmy family and I attended mass at St. Alexander Catholic Church located in the city of Cornelius. I received an invitation from a friend to attend her daughterââ¬â¢s First Holy Communion celebration. I had never attended a Catholic mass because I grew up in a Protestant family and my mother never allowed me to enter a catholic church. Throughout my entire life, I have probably been inside one or two Catholic churches, but I had never attended a Catholic Mass service. Upon our arrival, I could feelRead MoreEssay on Ageism: A Constant Disregard in Society1714 Words à |à 7 Pagesas defined by Oxford dictionary, is ââ¬Å"prejudice or discrimination on the grounds of age,â⬠and generally, in society, is thought of as discrimination against elders more so than children. This differs from other forms of discrimination such as racism, or sexism, because ageing is an inevitable part of life, and therefore everyone will be discriminated against in time. In present-day society, old age is commonly feared, and often times evaded altogether. Dying grey hairs and procedures such as BotoxRead MoreThe Age Of Enlightenment And The Scientific Revolution1675 Words à |à 7 PagesOver the years, the society and the world evolved giving rise to the establishment of new social norms and scientific advances. Although the industrial revolution and the scientific revolution represented a giant leap forward in human development, the Age of Enlightenment delivered the greatest influence for the future American society and planted the way for cultural and humanistic enrichment. The Age of the Enlightenment raised new concepts in education, democracy, and human freedom. The new humanisticRead MoreCapitalism: Individualism and Government Essay1130 Words à |à 5 Pagesproduce goods and services, including land and other natural resources labor, and capital. Capital includes factories and equipment and sometimes the money used in businesses (Friedman, 5). Capitalism stresses private economic decisions. People are free to decide how they will earn and spend their income. Companies may choose which goods and services to produce and how much to charge for them. They also compete with one another to sell products. Nations whose economies are based on capitalism includeRead MoreThe Influence of Ther Catholic Church on Iriish Social Policy1740 Words à |à 7 PagesDiscuss the influence of the Catholic Church on Irish Social Policy This essay examines the influence of the Catholic Church on Irish Social Policy. This essay will focus on the Churchââ¬â¢s role as a provider of charity. It seeks to address the following questions: How does one define social policy? Why did strong ties exist between The Catholic Church and the Irish State? Why did the Catholic Church endorse the principle of subsidiarity? What key policies are evident of Catholic influence? How doesRead More Capitalism Essay1087 Words à |à 5 Pagesproduce goods and services, including land and other natural resources labor, and ââ¬Å"capitalâ⬠. ââ¬Å"Capitalâ⬠includes factories and equipment and sometimes the money used in businesses (Friedman, 5). Capitalism stresses private economic decisions. People are free to decide how they will earn and spend their income. Companies may choose which goods and services to produce and how much to charge for them. They also compete with one another to sell products. Nations whose economies are based on capitalism includeRead MoreEurope, The Catholic Church, And The Refugees Of Refugees Essay1675 Words à |à 7 PagesEurope, The Catholic Church, and the Plight of Refugees In modern times, it seems that religion is both a large part of much of many peopleââ¬â¢s life but also regularly overlooked in contemporary societies. Some label themselves as subscribing to a certain religion, such as Catholic, but perhaps do not always act on the principles of their religion. As civil unrest has erupted in northern Africa and the Middle East, millions of people have been displaced and forced to find a new place to call homeRead MoreThe Religious Authority Of The Catholic Church917 Words à |à 4 Pagesbiblical interpretations, but also the widespread following of Catholicism throughout Europe. Many saw this as a threat to the whole structure of society, especially the power of the Roman Catholic Church. The abuse of power such as the sale of indulgences, relics, and the corruption of the ministry undermined the religious authority of the Roman Catholic Church. As protests against the Church began to occur, many individuals would rise to prominence and would l ead the Reformation. Martin Luther and
Tuesday, December 10, 2019
The Most Beautiful Word in the English Language free essay sample
Youââ¬â¢re one of the shooters, and you know for a fact that there are two University scouts amongst the spectators that are very eager to choose one girl for a scholarship. Suddenly youââ¬â¢re in the circle and the ball is passed to you, you get ready to take the shotâ⬠¦ but thenâ⬠¦ you see the other shooter for your team with an expression that cannot be described on her face. You know she is jealous and disappointed in herself for not being in your shoes. You know how hard she has worked for this. Now you realize that you are faced with the task of deciding to shoot, score and win the scholarship to the school of your dreamsâ⬠¦ Or pass the ball to your teammate and let her take the shot. In the last second, to everyoneââ¬â¢s utter amazement, you pass the ball to her which allows her to shoot and score. We will write a custom essay sample on The Most Beautiful Word in the English Language or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The crowd goes nuts as the siren blares and itââ¬â¢s announced that your team has won. After the match, the two scouts decide to sponsor both of you for your exceptional skills! So now, after hearing that story, what is the lesson to be learned? This story shows an act of HUMILITY. Ask yourself if you would have made the same move if you were placed in that situation. C. S Lewis once said that humility is not thinking less of yourself, its thinking of yourself less. Humility is the quality of being modest, respectful, and lacking pretence, but is often misunderstood as being meek. A while ago, somebody mentioned to me that windowsill was voted the most beautiful word in the English language. What many people donââ¬â¢t realise is that words have enormous power. They can make us erupt into laughter or bring tears to our eyes. They can influence, inspire, manipulate and shock. They can build and destroy. Some words have different effects on different people. An example of this is ââ¬Å"humilityâ⬠. It is one of those words that are mostly one-sided. Some people, like me, love the word and all it stands for. Some people almost fear it and link it with lack of self-confidence or timidity. In the novel, ââ¬ËThe Kite Runnerââ¬â¢, Hassan is seen as a humble little boy who takes the blame for Amirââ¬â¢s constant misbehaviour, not because he is meek and vulnerable, but because he loves Amir and would do anything for him. John Ruskin said that he believes that the first test of a truly great man is in his humility. Humility is one of Hassanââ¬â¢s greatest assets, and to me it stands out the most. There are so many benefits to practicing humility. It improves relationships, reduces anxiety, encourages more openness and less self-pretence, and it increases ones self-confidence. For me, it replaces windowsill as the most beautiful word in the English language.
Tuesday, December 3, 2019
Pepsi Supply Chain Essay Example
Pepsi Supply Chain Essay Supply Chain Management Adel Abou Heneidy Learning objectives To develop understanding of the following key areas and their interrelationships: * Basic concepts of logistics and supply chain management * The strategic role of a supply chain * The key strategic drivers of supply chain performance * Analytic methodologies for supply chain analysis 2 Supply Chain Management Adel Abou Heneidy Highlights: â⬠¢ â⬠¢ â⬠¢ â⬠¢ â⬠¢ â⬠¢ â⬠¢ Understanding the Supply Chain Supply Chain performance: achieving strategic fit and scope Supply Chain Drivers and obstacles Designing the distribution network in a Supply Chain Network Design in the Supply Chain Network design in uncertainty environment Total cost of SCM Aggregate planning in Supply Chain References: References: th Introduction to materials management: J. R Tony Arnold ; ;Stephen N. Chapman ââ¬âââ¬â55thedition edition Introduction to materials management: J. R Tony Arnold Stephen N. Chapman Supply Chain-Logistics management: Donald J. Bowersox; David J. Closs; M. Bixby Cooper Supply Chain-Logistics management: Donald J. Bowersox; David J. Closs; M. Bixby Cooper Strategic logistics management: Lambert Stock Strategic logistics management: Lambert Stock Operations management: Stevenson Operations management: Stevenson Supply Chain Management: Sunil Chopra Peter Meindl Supply Chain Management: Sunil Chopra Peter Meindl Supply Chain Management 3 Chapter 1 Understanding the Supply Chain 4 Supply Chain Management Adel Abou Heneidy Supply-chain is a term that describes how organizations (suppliers, manufacturers, distributors, and customers) are linked together â⬠¢ What is Supply Chain (Value) Management? ââ¬Å" SCM is a set of approaches utilized to efficiently integrate suppliers, manufacturers, warehouses, and stores, so that merchandise is produced and distributed at the right quantities, to the right locations, and at the right time, in order to minimize systemwide costs while satisfying service level requirementsâ⬠. Supply Chain Management Adel Abou Heneidy 5 Another definition of SCM design, planning, execution, control, and monitoring of supply chain activities with the objective of creating net value, building a competitive infrastructure, leveraging worldwide logistics, synchronizing supply with demand, and measuring performance globally. ââ¬Å" As per APICS Dictionary Supply Chain Management Adel Abou Heneidy 6 The Chain from Original Supply to Final Consumption INFORMATION FLOW Transfer T ransfer Transfer Transfer Transfer Transfer Transfer Transfer Supplier Manufacturing Distribution Retail Outlet Consumer CASH FLOW Supply Chain Optimization We will write a custom essay sample on Pepsi Supply Chain specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Pepsi Supply Chain specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Pepsi Supply Chain specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Highest level of customer responsiveness at lowest cost Forward Supply Chain ââ¬âSupply by customer ends Chain Management ? SAP AG 1998 CPSAP_e February ââ¬Ë98 /13 7 Adel Abou Heneidy Whatââ¬â¢s the Supply Chain IT Logistics Supply Chain Management Supply Chain Management Adel Abou Heneidy 8 Main Functions and Activities in SC â⬠¢ â⬠¢ â⬠¢ â⬠¢ â⬠¢ â⬠¢ â⬠¢ â⬠¢ Forecasting Purchasing Inventory management Information management Quality assurance Scheduling Production and delivery Customer service Supply Chain Management Adel Abou Heneidy 9 Difference between SCM Logistics In definition, Logistics usually refers to interface activities that occur in a single organization and typically include processes such as procurement, inventory, storage and distribution. â⬠¢ Supply chain management (SCM) is the process of planning, implementing, and controlling the operations of the supply chain as efficiently as possible. Supply Chain Management spans a ll movement and storage of raw materials, work-inprocess inventory, and finished goods from point-of-origin to point-of-consumption â⬠¢ I would say logistics is just a part of supply chain Supply Chain Management Adel Abou Heneidy 10 The Logistics/SCM Mission â⬠¢ Getting the right goods or services to the right place, at the right time, and in the desired condition at the lowest cost and highest return on investment. Supply Chain Management Adel Abou Heneidy 11 The concept of Logistics â⬠¢ The concept of logistics covers all activities relating to procurement, transport, and storage of goods to, from, and between members of a supply chain. It includes: ââ¬â Order processing ââ¬â Pick pack ââ¬â Shipping Transport ââ¬â Customs clearance (and documentation) ââ¬â Distribution ââ¬â Warehousing inventory management ââ¬â Reverse logistics (Returns anagement) Supply Chain Management Adel Abou Heneidy 12 Reverse Logistics â⬠¢ Reverse logistics ââ¬â the backward flow of goods returned to the supply chain â⬠¢ Reverse logistics is the process of moving goods from their typical final destination for the purpose of capturing value, or proper disposal. â⬠¢ Processing return ed goods ââ¬â Sorting, examining/testing, restocking, repairing ââ¬â Reconditioning, recycling, disposing â⬠¢ Gate keeping ââ¬â screening goods to prevent incorrect acceptance of goods â⬠¢ Avoidance ââ¬â finding ways to minimize the number of items that are returned Supply Chain Management Adel Abou Heneidy 13 Closed-Loop Supply Chain â⬠¢ Closed-loop SC includes traditional forward supply chain activities, and the additional activities of reverse SC. â⬠¢ These activities include: 1) Product acquisition to obtain products from the end-users. 2) Reverse logistics to move the product from points of use to points of disposition. 3) Refurbishing 4) Recycling Supply Chain Management Adel Abou Heneidy 14 Traditional Scope of the Supply Chain Business logistics Physical supply (Materials management) Sources of supply Plants/ operations â⬠¢ Transportation â⬠¢ Inventory management â⬠¢ Order processing â⬠¢ Acquisition â⬠¢ Protective packaging â⬠¢ Warehousing â⬠¢ Materials handling â⬠¢ Information management Physical distribution Customers â⬠¢ Transportation â⬠¢ Inventory management â⬠¢ Order processing â⬠¢ Product scheduling â⬠¢ Protective packaging â⬠¢ Warehousing â⬠¢ Materials handling â⬠¢ Information management Internal supply chain 15 Supply Chain Management Problems Supply chain management must address the following problems: â⬠¢ Distribution Network Configuration â⬠¢ Distribution Strategy â⬠¢ Information â⬠¢ Inventory Management â⬠¢ Trade-Offs in Logistical Activities â⬠¢ Cash-Flow Supply Chain Management Adel Abou Heneidy 16 The Importance of SCM â⬠¢ â⬠¢ â⬠¢ â⬠¢ â⬠¢ â⬠¢ â⬠¢ â⬠¢ â⬠¢ â⬠¢ Millions of dollars at stake! Excess Inventory costs Excess freight charges Lost sales / Stock outages Wasted time and energy Extra staff Listings / Delistings Customer dissatisfaction Capital costs Real Estate Costs Supply Chain Management Adel Abou Heneidy 17 Benefits of Supply Chain Management â⬠¢ â⬠¢ â⬠¢ â⬠¢ â⬠¢ â⬠¢ Lower inventories Higher productivity Greater agility Shorter lead times Higher profits Greater customer loyalty Integrates separate organizations into a cohesive operating system Supply Chain Management Adel Abou Heneidy 18 SCM Decision Variables â⬠¢ â⠬ ¢ â⬠¢ â⬠¢ â⬠¢ â⬠¢ â⬠¢ Number and location of facilities Number and location of suppliers Number and location of warehouses Product stocking locations Modes of transportation Communications network configuration Information system configuration Supply Chain Management Adel Abou Heneidy 19 Key SCM Issues â⬠¢ Distribution network design Determine plant and warehouse locations, capacities, and production/storage levels â⬠¢ Inventory Control ââ¬â The purpose of inventory is to avoid interrupting a supply process, be it production or end customer demand ââ¬â How can we avoid such disruptions at the minimum total cost? ââ¬â Must rely on forecasts Supply Chain Management Adel Abou Heneidy 20 Key SCM Issues â⬠¢ Distribution strategy ââ¬â Where to hold inventory and how to efficiently transport it to customers? â⬠¢ Ship directly from plant to customers in full truckloads? â⬠¢ Maintain stocks in regional warehouses and distribute locall y? Integration and strategic partnerships ââ¬â How involved should a firm be with suppliers of both materials and services? ââ¬â What level of information sharing is appropriate? Supply Chain Management Adel Abou Heneidy 21 Key SCM Issues â⬠¢ Product design issues ââ¬â Tradeoffs between design changes and logistics savings? ââ¬â Can design strategies buffer against demand uncertainties? â⬠¢ Information technology ââ¬â What significant data is critical for sharing with partners? ââ¬â What is the role of the Internet/e-Commerce in all of this? â⬠¢ Customer value ââ¬â How does SCM contribute to customer value? Supply Chain Management Adel Abou Heneidy 22 Supply Chain Uncertainty â⬠¢ â⬠¢ â⬠¢ â⬠¢ â⬠¢ â⬠¢ â⬠¢ Poor forecasts Production problems Late deliveries Poor quality Canceled orders Erroneous information Political uncertainty Supply Chain Management Adel Abou Heneidy 23 Conflicting SCM Objectives â⬠¢ Manufacturing and Transportation ââ¬â Desire economies of scale ââ¬â Long production runs ââ¬â Full truckload shipments â⬠¢ Marketing and Sales ââ¬â Desire flexibility and product variety ââ¬â Increased inventory for better service â⬠¢ Trade-off s ââ¬â Service levels ââ¬â Inventory levels Supply Chain Management Adel Abou Heneidy 24 SCM Features â⬠¢ Multiple entities ââ¬â Geographically diverse ââ¬â Different ownership â⬠¢ Conflicting objectives â⬠¢ Random demands â⬠¢ Distributed inventory â⬠¢ Lead times ââ¬â Manufacturing ââ¬â Distribution â⬠¢ Different information Supply Chain Management Adel Abou Heneidy 25 The value the SC generates â⬠¢ The objective of SC is to maximize the overall value generated. â⬠¢ The value a supply chain generates is the difference between what the final product is worth to the customer and the effort the SC expends in filling the customerââ¬â¢s request. SC profitability is the total profit to be shared across all SC stages. â⬠¢ SC success should be measured in terms of SC profitability and not in terms of the profit at an individual stage Supply Chain Management Adel Abou Heneidy 26 Elements of Supply Chain Management Element Customers Forecasting Design Processing Inventory Purchasing Suppliers Location Logistics Typical Issues Determining what customers want Predicting quantity and timing of demand Incorporating customer wants, mfg. and time Controlling quality, scheduling work Meeting demand while managing inventory costs Evaluating suppliers and supporting operations Monitoring supplier quality, delivery, and relations Determining location of facilities Deciding how to best move and store materials Supply Chain Management Adel Abou Heneidy 27 Effective Supply Chain â⬠¢ Requires linking the market, distribution channels processes, and suppliers â⬠¢ Supply chain should enable members to: ââ¬â Share forecasts ââ¬â Determine the status of orders in real time ââ¬â Access inventory data of partners Supply Chain Management Adel Abou Heneidy 28 Successful Supply Chain Trust among trading partners â⬠¢ Effective communications â⬠¢ Supply chain visibility â⬠¢ Event-management capability ââ¬â The ability to detect and respond to unplan ned events â⬠¢ Performance metrics (KPIs) Supply Chain Management Adel Abou Heneidy 29 Decision phases in a Supply Chain â⬠¢ Supply Chain decision phases may be categorized as: 1) SC strategy or design structure of SC over the next several years How resources will be allocated locations / capacities Modes of transportation will be used 2) SC planning Forecasting for the coming periods Which markets will be supplied from which locations ? Inventory policies,â⬠¦ 3) SC operation How the day to day business will be handled ? Supply Chain Management Adel Abou Heneidy 30 Process view of a Supply Chain â⬠¢ A Supply Chain is a sequence of processes and flows that takes place within and between different stages and combine to fill a customer need for a product. There are two different ways to view the processes performed in SC: â⬠¢ 1) Cycle view: Customer order cycle Replenishment cycle Manufacturing cycle Procurement cycle Supply Chain Management Adel Abou Hen eidy 31 Process view of a Supply Chain Customer order cycle: It occurs at the customer / retailer interface Customer arrival Customer order receiving Customer order entry Customer order fulfillment Supply Chain Management Adel Abou Heneidy 32 Process view of a Supply Chain Replenishment cycle: It occurs at the retailer / distributor interface Retail order trigger Retail order receiving Retail order entry Retail order fulfillment Supply Chain Management Adel Abou Heneidy 33 Process view of a Supply Chain Manufacturing cycle: It occurs at the distributor / manufacturer interface Order arrival Receiving Production scheduling Manufacturing shipping Supply Chain Management Adel Abou Heneidy 34 Process view of a Supply Chain Procurement cycle: It occurs at the manufacturer / supplier interface Order based on manufacturerââ¬â¢s Production schedule or supplier stocking needs Receiving at manufacturer Supplier production scheduling Component manufacturing and shipping Supply Chain Management Adel Abou Heneidy 35 Process view of a Supply Chain 2) Push / Pull view: Pull processes are initiated by a customer order. Push processes are initiated and performed in anticipation of customer orders (forecasted). Customer order cycle Customer order manufacturing cycle PULL Customer order arrives Procurement cycle Procurement, manufacturing, replenishment cycles Supply Chain Management Adel Abou Heneidy PUSH L. L Beans SC Dell SC 36 Supply Chain macro processes in a firm SRM Supplier relationship management Source Negotiate Buy Design collaboration Supply collaboration ISCM Internal supply chain management Strategic planning Demand planning Supply planning Fulfillment Field service CRM Customer relationship management Market Sell Call center Order management Supply Chain Management Adel Abou Heneidy 37 Key points: â⬠¢ A cycle view of the SC clearly defines the processes involved and the owners of each process. It specifies the roles and responsibilities of each member of SC and the desired outcomes for each process. â⬠¢ A push / pull view of the SC categorizes processes based on whether they are initiated in response to a customer order (Pull), or in anticipation of a customer order (Push). This view is very useful when considering strategic decisions relating to SC. â⬠¢ Within a firm, all SC activities belong to one of three macro processes: CRM ISCM SRM Integration between the three macro processes is crucial for successful SC. Supply Chain Management Adel Abou Heneidy 38 Chapter 2 Supply Chain Performance: Achieving strategic fit and scope Supply Chain Management Adel Abou Heneidy 39 Competitive and Supply Chain Strategies â⬠¢ Competitive strategy: defines the set of customer needs a firm seeks to satisfy through its products and services â⬠¢ Product development strategy: specifies the portfolio of new products that the company will try to develop â⬠¢ Marketing and sales strategy: specifies how the market will be segmented and product positioned, priced, and promoted Supply Chain Management Adel Abou Heneidy 40 Competitive and Supply Chain Strategies â⬠¢ Supply chain strategy: ââ¬â determines the nature of material procurement, transportation of materials, manufacture of product or creation of service, distribution of product ââ¬â In other words, it addresses your warehouse or distribution center network, inventory stocking strategy, facility layout and processes, staffing, technology, systems and related costs is critical to maintaining a competitive advantage. ââ¬â Consistency and support between supply chain strategy, competitive strategy, and other functional strategies is important Supply Chain Management Adel Abou Heneidy 41 The Value Chain: Linking Supply Chain and Business Strategy Business Strategy New Product Marketing Strategy Strategy Supply Chain Strategy New Product Development Marketing and Operations Distribution Sales Service Supply Chain Management Adel Abou Heneidy 42 Framework for Supply Chain Strategy Business Objectives Supply Chain Objectives Business Strategy Supply Chain Strategy Management Processes Supply Chain Processes Importance to Top Management Focus of Top Management Supply Chain Management Adel Abou Heneidy 43 Aligning Supply Chain Strategy with Business Strategy Business Objectives Supply Chain Objectives Business Strategy Supply Chain Strategy Supply Chain Processes Management Processes Importance to Top Management Focus of Top Management Supply Chain Management Adel Abou Heneidy 44 Value Chain Analysis â⬠¢ â⬠¢ â⬠¢ Value Chain Analysis describes the activities that take place in a business and relates them to an analysis of the competitive strength of the business. Primary Activities those that are directly concerned with creating and delivering a product (e. g. component assembly). Support Activities, which whilst they are not directly involved in production, may increase effectiveness or efficiency (e. g. uman resource management). It is rare for a business to undertake all primary and support activities. Value Chain Analysis is one way of identifying which activities are best undertaken by a business and which are best provided by others (out sourced). â⬠¢ Supply Chain Management Adel Abou Heneidy 45 Competitive Strategies Competitive Strategies Competitive Advant age Lower Cost Differentiation Broad Target Competitive Scope Narrow Target Cost Leadership Differentiation Cost Focus Focused Differentiation Supply Chain Management Adel Abou Heneidy 46 Strategies, Forces, and Tactics in Competitive Markets Cost leadership â⬠¢ based on efficient operations â⬠¢ based on effective operations â⬠¢ economies of scale ââ¬â become a low cost producer ââ¬â market segmentation (niche) ââ¬â Focused differentiation â⬠¢ Market niche ââ¬â Cost focus â⬠¢ narrow market low cost Supply Chain Management Adel Abou Heneidy 47 Value Chain with Typical Strategic IS Value Chain with Typical Strategic IS Mapped onto it Mapped onto it EDI-Based Purchasing System Inbound Logistics ComputerIntegrated Mftg. Operations Automated Ordering System Outbound Logistics Expert Systems for Salespeople Marketing and Sales Telemaintenance Expert Systems Service Upstream Chains of Suppliers Downstream Chains of Customers Supply Chain Management Adel Abou Heneidy 48 Steps in Value Chain Analysis â⬠¢ Value chain analysis can be broken down into a three sequential steps: (1) Break down a market/organization into its key activities under each of the major headings in the model; (2) Assess the potential for adding value via cost advantage or differentiation, or identify current activities where a business appears to be at a competitive disadvantage; (3) Determine strategies built around focusing on activities where competitive advantage can be Supply Chain Management Adel Abou Heneidy 49 Achieving Strategic Fit â⬠¢ Strategic fit: ââ¬â Consistency between customer priorities of competitive strategy and supply chain capabilities specified by the supply chain strategy ââ¬â Competitive and supply chain strategies have the same goals â⬠¢ A company may fail because of a lack of strategic fit or because its processes and resources do not provide the capabilities to execute the desired strategy Supply Chain Management Adel Abou Heneidy 50 Steps in achieving strategic fit â⬠¢ Step 1: Understanding the customerââ¬â¢s needs and supply chain uncertainty â⬠¢ Step 2: Understanding the supply chain â⬠¢ Step 3: Achieving strategic fit Supply Chain Management Adel Abou Heneidy 51 Understanding the Supply Chain: Cost-Responsiveness Efficient Frontier Responsiveness High A The SC of ââ¬Å"Aâ⬠has high responsiveness, but with high cost, which means with low efficiency. The SC of ââ¬Å"Bâ⬠has low B responsiveness, but with low cost, which means with high efficiency Low Cost High Supply Chain Management Adel Abou Heneidy Low 52 Step 1: Understanding the Customer and Supply Chain Uncertainty â⬠¢ â⬠¢ â⬠¢ â⬠¢ â⬠¢ â⬠¢ â⬠¢ Identify the needs (attributes of demand) of the customer segment being served Quantity of product needed in each lot Response time customers will tolerate Variety of products needed Service level required Price of the product Desired rate of innovation in the product Supply Chain Management Adel Abou Heneidy 53 Step 1: Understanding the Customer and Supply Chain Uncertainty â⬠¢ â⬠¢ â⬠¢ Overall attribute of customer demand Demand uncertainty: uncertainty of customer demand for a product Implied demand uncertainty: reflects uncertainty for the supply chain given the portion of the demand the supply chain must handle and attributes the customer desires Understand customers by mapping their demand on the implied uncertainty spectrum â⬠¢ Supply Chain Management Adel Abou Heneidy 54 Achieving Strategic Fit â⬠¢ Understanding the Customer ââ¬â ââ¬â ââ¬â ââ¬â ââ¬â ââ¬â Lot size Response time/ Lead time Service level Product variety Price (sensitivity to) Innovation Supply Chain Management Adel Abou Heneidy Implied Demand Uncertainty 55 Impact of Customer Needs on Implied Demand Uncertainty Customer Need Range of quantity increases Lead time decreases Variety of products required increases Number of channels increases Rate of innovation increases Required service level increases Causes implied demand uncertainty to increase because â⬠¦ Wider range of quantity implies greater variance in demand Less time to react to orders Demand per product becomes more disaggregated Total customer demand is now disaggregated over more channels New products tend to have more uncertain demand Firm now has to handle unusual surges in demand Supply Chain Management Adel Abou Heneidy 56 Step 2: Understanding the Supply Chain â⬠¢ How does the firm best meet demand? Dimension describing the supply chain is supply chain responsiveness â⬠¢ Supply chain responsiveness ability to: ââ¬â respond to wide ranges of quantities demanded ââ¬â meet short lead times ââ¬â handle a large variety of products ââ¬â build highly innovative products ââ¬â meet a very high service level Supply Chain Management Adel Abou Heneidy 57 Step 2: Understanding the Supply Chain â⬠¢ There is a cost to achieving responsiveness â⬠¢ Supply chain efficiency: cost of making an d delivering the product to the customer â⬠¢ Increasing responsiveness results in higher costs that lower efficiency Supply Chain Management Adel Abou Heneidy 58 Step 3: Achieving Strategic Fit â⬠¢ All functions in the value chain must support the competitive strategy to achieve strategic fit â⬠¢ Two extremes: Efficient supply chains and responsive supply chains Supply Chain Management Adel Abou Heneidy 59 Achieving Strategic Fit Shown on the Uncertainty/Responsiveness Map Responsive supply chain Responsiveness spectrum of it e on gic F Z e t ra St Efficient supply chain Certain demand 60 Implied uncertainty spectrum Uncertain demand Comparison of Efficient and Responsive SC Efficient Primary goal Product design strategy Pricing strategy Mfg strategy Inventory strategy Lead time strategy Supplier selection strategy Transportation strategy Lowest cost Min product cost Lower margins High utilization Minimize inventory Reduce but not at expense of greater cost Cost and low quality Greater reliance on low cost modes Supply Chain Management Adel Abou Heneidy Responsive Quick response Modularity to allow postponement Higher margins Capacity flexibility Buffer inventory Aggressively reduce even if costs are significant Speed, flexibility, quality Greater reliance on responsive (fast) modes 61 Multiple Products and Customer Segments â⬠¢ Firms sell different products to different customer segments (with different implied demand uncertainty) â⬠¢ The supply chain has to be able to balance efficiency and responsiveness given its portfolio of products and customer segments â⬠¢ Two approaches: ââ¬â Different supply chains ââ¬â Tailor supply chain to best meet the needs of each productââ¬â¢s demand Supply Chain Management Adel Abou Heneidy 62 Product Life Cycle The demand characteristics of a product and the needs of a customer segment change as a product goes through its life cycle â⬠¢ Supply chain strategy must evolve throughout the life cycle â⬠¢ Early: uncertain demand, high margins (time is important), product availability is most important, cost is secondary â⬠¢ Late: predictable demand, lower margins, price is important Supply Chain Management Adel Abou Heneidy 63 Product Life Cycle â⬠¢ As the product goes through the life cycle, the supply chain changes from one emphasizing responsiveness to one emphasizing efficiency Supply Chain Management Adel Abou Heneidy 64 Competitive Changes Over Time â⬠¢ Competitive pressures can change over time â⬠¢ More competitors may result in an increased emphasis on variety at a reasonable price â⬠¢ Changes in technology can make it easier to offer a wide variety of products â⬠¢ The supply chain must change to meet these changing competitive conditions Supply Chain Management Adel Abou Heneidy 65 Key points: â⬠¢ To achieve a strategic fit, a company must: 1) Understand customers needs, the uncertainty of the SC, and to identify the implied uncertainty. ) Understand the SCââ¬â¢s capabilities in terms of ââ¬Å"Efficiencyâ⬠ââ¬Å"Responsivenessâ⬠The key to strategic fit is ensuring the SC responsiveness is consistent with customer needs, supply capabilities, and the resulting implied uncertainty. When the scope of strategic fit is narrow, individual functions try to optimize their performance based on their own goals, which leads to: 1) Conflicting actions 2) Reducing SC surplus As the scope of strategic fit is enlarged to include the entire SC, actions are evaluated based on their impact on overall SC performance, which helps increase SC surplus. Supply Chain Management Adel Abou Heneidy 66 Chapter 3 Supply Chain Drivers and obstacles Supply Chain Management Adel Abou Heneidy 67 Drivers of Supply Chain Performance Drivers determine supply chain performance. For each driver, managers must make tradeoffs between efficiency (cost) and responsiveness. â⬠¢ â⬠¢ â⬠¢ â⬠¢ Inventory Transportation Facilities Information Drivers (4 enablers) of SC Price People Discuss ! Supply Chain Management Adel Abou Heneidy 68 Inventory All of the raw materials, work in process (WIP), and finished goods within the supply chain. Inventory policies can dramatically alter a supply chainââ¬â¢s efficiency and responsiveness. Why hold inventory? Unexpected changes in customer demand (always hard to predict, and uncertainty is growing) * Short product life cycles * Product proliferation (spreading) Supply Chain Management Adel Abou Heneidy 69 Why hold inventory? Unexpected changes in customer demand (always hard to predict, and uncertainty is growing) * Short product life cycles * Product proliferation (spreading) * Uncertain supply: Quantity / Quality / Costs / Delivery time What if there was no uncertainty in supply or demandââ¬âwould it still be necessary to hold inventory? Supply Chain Management Adel Abou Heneidy 70 Inventoryââ¬â¢s Impact Inventory can increase amount of demand that can be met by increasing product availability. Inventory can reduce costs by exploiting economies of scale in production, transportation, and purchasing. Inventory can be used to support a firmââ¬â¢s competitive strategy. More inventory increases responsiveness, less inventory increases efficiency (reduces cost). Inventory can significantly affect material flow/cycle/ throughput time. In other words: If you move your inventory faster, you donââ¬â¢t need as much inventory (inventory velocity) 71 Types of Inventory Needed â⬠¢ Cycle Inventory ââ¬â The average amount of inventory used to meet demand between replenishments. â⬠¢ Seasonal Inventory ââ¬â Inventory that is built up to meet predictable variation in demand. ââ¬â Amount of seasonal inventory depends on how quickly and inexpensively a firm can change its rate of production. Supply Chain Management Adel Abou Heneidy 72 Types of Inventory â⬠¢ Safety Inventory ââ¬â Random, unpredictable, unexpected Inventory held to counter uncertainty in demand or supply (ââ¬Å"just-in-caseâ⬠inventory). â⬠¢ Pipeline Inventory ââ¬â Work-in process of transit â⬠¢ Inventory held to do business. Supply Chain Management Adel Abou Heneidy 73 Transportation â⬠¢ Modes and routes for moving inventory throughout the supply chain. Transportationââ¬â¢s Impact Transportationââ¬â¢s I mpact Faster transportation allows a supply chain to be more responsive but generally less efficient. Less than full truckloads allows a supply chain to be more responsive but generally less efficient. Transportation can be used to support a firmââ¬â¢s competitive strategy. Customers may demand and be willing to pay for a high level of responsiveness. Supply Chain Management Adel Abou Heneidy 74 Transportation Decisions Mode of transportation is the manner in which a product is moved (air, truck, rail, ship, pipeline, electronic). Each mode differs with respect to speed, size of shipments, cost, and flexibility. Routes are paths along which a product can be shipped. In house or outsource the transportation function. Many companies use third-party logistics providers (3PL) to perform some or all of their transportation activities Supply Chain Management Adel Abou Heneidy 75 Facilities â⬠¢ Places within the supply chain where inventory is stored, assembled, or fabricated. â⬠¢ Decisions on location, capacity, and flexibility of facilities have a significant impact on performance. â⬠¢ â⬠¢ â⬠¢ â⬠¢ â⬠¢ â⬠¢ Warehouses Factories Processing centers Distribution centers Retail outlets Offices Supply Chain Management Adel Abou Heneidy 76 Facilities Impact Facilities either store inventory between supply chain stages (warehouses, distribution centers, retailers) or transform inventory into another state (fabrication or assembly plants). Centralization of facilities uses economies of scale to increase supply chain efficiency (fewer locations and less inventory) usually at the expense of responsiveness (distance from customer). Supply Chain Management Adel Abou Heneidy 77 Facility Decisions Location. Centralize to gain economies of scale or decentralize to be more responsive. Other issues include quality and cost of workers, cost of facility, infrastructure, taxes (duties), quality of life, etc. Capacity. Excess capacity allows a company to be more responsive to changes in the level of demand, but at the expensive of efficiency. Manufacturing Methodology. Decisions between a product or functional focus, between flexible or dedicated capacity. Warehousing Methodology. Chose between SKU storage (stores all of one type of product together), Job lot storage (stores different products together to satisfy a particular customer or job), or cross-docking. Supply Chain Management Adel Abou Heneidy 78 â⬠¢ How Toyota Honda use facilities decisions to be more responsive to their customers? 1) By opening manufacturing facilities in every major market that they enter to be near of the customers. ) Also, by opening local facilities they protect themselves from currency fluctuation and trade barriers. Supply Chain Management Adel Abou Heneidy 79 Information Data and analysis regarding inventory, transportation, facilities, and customers throughout the supply chain. It is potentially the biggest driver since it affects all the other drivers. Informationââ¬â¢s Role â⬠¢ â⬠¢ â⬠¢ â⬠¢ Information connects various supply chain stages and allows them to coordinate activities. Information is crucial to the daily operations of each stage of the supply chain. An information system can enable a firm to get a high variety of customized products to customers rapidly. An information system can enable a firm to understand changing consumer needs more quickly Supply Chain Management Adel Abou Heneidy 80 Information Decision Components Push versus Pull. Push systems (like MRP) need information on anticipated demand to create production and purchasing schedules. Pull system (like JIT) need accurate and quick information on actual demand to move inventory and schedule production in the chain. Coordination and Information Sharing. How will the goal of maximizing supply chain profitability be achieved through the coordination of activities and sharing of appropriate information? Forecasting and Aggregate Planning. How will future demand and market conditions be forecast, and to what extent will collaborative forecasting be used? How will aggregate planning be used to meet forecasted demand and to what extent will it be shared throughout the supply chain? Enabling Technologies. Which information technologies will be used and integrated throughout the supply chain? lectronic data interchange (EDI), the Internet, enterprise resource planning (ERP) systems, supply chain management (SCM) software. 81 Major Obstacles to Achieving Fit â⬠¢ SCM is big: ââ¬â Variety of products and services ââ¬â Spoiled/ demanding customers ââ¬â Multiple owners (procurement, production, inventory, marketing) / multiple objectives ââ¬â Globalization Local optimization and lack of global fit Supply Chain Management Adel Abou Heneidy 82 Major Obstacles to Achieving Fit â⬠¢ Instability and Randomness: ââ¬â Increasing product variety ââ¬â Shrinking life cycle ââ¬â Customer fragmentation Increasing implied uncertainty Supply Chain Management Adel Abou Heneidy 83 Major Obstacle / Chall
Wednesday, November 27, 2019
Saturday, November 23, 2019
International Finance essays
International Finance essays As early as 1941 plans were being prepared in the UK and the USA for the post-war economy that were heavily influenced by the experience of the 1930s which had witnessed the collapse of the gold standard, the Great Depression, volatile exchange rates, trade-protection and competitive devaluations. In 1944 the United Nations Monetary and Financial Conference took place in Bretton Woods, New Hampshire, USA, where forty-five countries attended in order to restructure international finance and currency relationships and sought to build a framework for economic cooperation that would avoid the disastrous economic policies that led to the previous conditions. The participants of this conference created the International Monetary Fund (IMF) and the International Bank for Reconstruction and Development which was later divided into the World Bank and the Bank for International Settlements. The plans for the system of Bretton Woods were developed by two all time important economists, Harry Dexter White, then minister of state of the U. S. treasury and John Maynard Keynes, a British economist. Throughout the years, the IMF has been able to assist countries in need and as such, has been the focus of the international financial system. However, the financial crises of the past few years have exposed weaknesses in the international financial system. These weaknesses relate to the increasing size and importance of large cross border capital flows and the interdependence of global economies as a result of globalisation. It was found that once crisis struck in one country, the reaction of the interconnected financial markets was extreme and highly contagious causing disastrous effects in unrelated markets. Following the collapse of the Thai baht in 1997, the financial markets in other East Asian countries suffered similar and devastating consequences. Furthermore, the continued spill over effects of this crisis hit Russia, reached Latin America...
Thursday, November 21, 2019
SUPPLY AND DEMAND Essay Example | Topics and Well Written Essays - 500 words - 1
SUPPLY AND DEMAND - Essay Example An increase of firms offering the same product lowers demand since the customers can meet their needs by choosing from various companies. However, a decrease in the number of enterprises providing substitute products would result in an increase in demand. The quality of the product is another significant factor that can cause a change in the demand for the Tropical Smoothie Cafà © products. An increase in quality would increase demand, and a declineà inà quality would lead to a decrease in demand (Arnold, 2008).Essentially, customers will always go for quality products. In this regard, the firm must enhance quality production to promote demand. Some of the factors that would affect change in supply include the price of inputs and the level of production technology used (Abdul, 2002). An increase in theà costà of inputs results in the decline of supply. Essentially, a rise in the cost of inputs means that the firm has to spend more to maintain the same supply as it was before the price change. In this regard, the firm might not be in a position to meet the addition cost and, therefore, end up ordering for less supplies. On the contrary, a decrease in the price of inputs leads to increased supplies. The level of production technology also affects the change in supply. Use of an advanced and efficient technology would lead to increased supply (Boyes & Melvin, 2014).à . Apparently, efficient technology speeds up the production process, and this increases the total output. On the other hand, the use of outdated and inefficient technology results in reduced supply. Essentially, defective technology is likely to cause delays in productions. The delays in productions lead to reduced output and, therefore, reduced supply. The quantity demanded can be changed by manipulating the price of the product. For instance, all other factors held constant, a decline in rice leads to an increase in
Wednesday, November 20, 2019
Individual assignment---report Essay Example | Topics and Well Written Essays - 2750 words
Individual assignment---report - Essay Example The paper suggests use of trained technicians and enhancement in the quality of the products in order to increase the revenue of the company and to stimulate its acquired market share. Table of Contents Abstract 2 1.0.Introduction 4 2.0.Implementation of ICT in River Island 4 3.0.Issues at River Island 5 4.0.Literature Review on ICT 6 5.0.Utilisation of ICT to Solve the Matter 7 6.0.Conclusion 9 References 10 1.0. Introduction Information and Communication Technology (ICT) is universally identified as one of the most significant tools that are utilised for the purpose of social alterations as well as national development (Ministry of Human Resource Department, n.d.). In the current day phenomenon, ICT along with the internet are altering the human activities that have been dependent upon the information. It offers the individuals as well as the communities with an opportunity to be not only consumers of the goods and services, but also acts as active generators of the information. It is by means of media convergence that it becomes easier for ICTs to develop and coordinate the capacities of other Medias (FAO, 2000). ICTs are normally related with the issues of data processing as well as information management by means of large scale information systems. It is worth noting that it is not only the information technology itself which is a significant factor for the quality of work; rather, it can be regarded as the strategy that the company adopts so as to coordinate the aspect of technology with the changing requirements of the organisation (FAO, 2000). The company that has been chosen for the study is River Island. River Island is based in London and was initiated in the year 1948. The founders of the company were Andrew Hunt and Bernard Lewis. The company has more than 60 years of experience in fashion retailing and is considered as one of the successful companies in British High Street (River Island Style Insiders, n.d.). 2.0. Implementation of ICT in River Is land Information and Communication Technology facilitates in the smooth operations of the organisation and thus assists in many other ways such as stock control, keeping extra records, advancing the communication process, production as well as marketing. Through ICTs it is gradually becoming easier for the company to reduce its costs significantly (Business Studies Online, n.d.). It is to be mentioned that River Island also makes use of the ICTââ¬â¢s in order to improve its operation in an effective manner. River Island has worked with consultancy named Royal National Institute of Blind People Web Access Consultancy so that its new website offers high degree of accessibility ensuring that as far as possible it is reachable to all the users. It is worth mentioning that online shopping is a type of ICT used by the company for making its goods available to the consumers online. The companyââ¬â¢s online services assist the consumers in purchasing clothes, shoes as well as accessor ies. Notably, River Island provides a wide on-line range of womenââ¬â¢s as well as menââ¬â¢s fashion related clothingââ¬â¢s to the customers (River Island, 2012). The leading fashion retailer, River Island, demonstrated its plans to initiate stores that are mainly dedicated to accessories as well as shoes. It was noted that the company decided to bring certain alterations in its businessââ¬â¢s in-store design policies and introduce numerous interactive technologies that can be utilised by the customers. It further planned to
Sunday, November 17, 2019
The Integrated Solution Limited using the criteria of HKMA quality award program Essay Example for Free
The Integrated Solution Limited using the criteria of HKMA quality award program Essay Q.1: The Integrated Solution Limited (ISL) is a specialist in providing professional quality I.T. solutions to small and medium-sized enterprises (SMEs) in HK and southern China. There are several factors leading to the success of ISL today. The remarkable achievement of ISL started with its founder and Managing Director, Dr. Ricky LEUNG. Dr. LEUNG personally had in-depth understanding of the needs of manufactures in HK. He recognised that most of imported packages did not provide enough management information to them and no foreign vendors provided MRP system in HK. That is the gap where ISL successfully comes in. With the strong commitment from Dr. LEUNG, ISL has laid down a companys motto ISL is to build quality people, products and relationships and a mission statement ISL is to provide quality products and services towards better data integration and information management for manufacturers that strive to provide excellent products and services to its customers. In this connection, ISL has been very active in improving its products and services through continuous research, service quality improvements, and the changing needs and requirements of customers. Q2: The remarkable achievement of ISL shows once again that producing world-class quality is ultimately a matter of the heart more than the mind It is companies with such emotional pride in their products and with such heroic hopes for their customers that set the quality standards in every industry around the world said by Larry Farrel of the Farrel Company. Quality management has played a significant role in ISLs success. As mentioned previously, ISL has always commits to become the leader in providing professional quality I.T. solutions for SMEs in Asia Pacific. Quality management has always been their main focus in strategic planning, market positioning, and nearly every aspects. ISLs efforts in quality management has lets them successfully to built up an image of a total solution company with prestige quality, as the leading supplier of manufacturing software in Hong Kong by successfully differentiate it from its competitors, and is fast to become Hong Kongs showpiece in innovation and quality. Actually, Total Quality Management is a strategic weapon, which includes a broad set of processes, which helps ISL to enhance its competitive advantages. It is a basic belief that each day it can become better and that all employees are infected with the enthusiasm and religion of improvement. Thus, it accelerates the continuous improvement in products and services, and overall organizational performance. It also helps to develop a Roadmap to business excellence which has attained significantly higher performance levels, therefore, driven to their overall success. Q3: By applying and receiving the HKMA Award, ISL has achieved the following benefits: 1) Gain Competitive Advantage Sound Reputation Successfully Differentiate from its Competitors: ISL received the HKMA award in 1994 for its dedication to quality improvement and customer services. This awards brings the company public recognition for having achieved outstanding standards of quality and for having make a lasting commitment to the process of quality management. Thus, ISL is able to gain many competitive advantages that lead to its success in the IT industry. It not only helps ISL to successfully differentiate from its competitors, but also accelerates the continuous improvement, and gaining prestige reputation from the market. 2) Professional Productive Work Force by Empowerment, Teamwork, Recognition Training : Being a successful company, human resources, is definitely one of the most valuable resources.. ISL understands that keeping the staff growth means keeping the company growth. So, the Human resources development is also one of the focuses in companys strategic planning. As quality management lets ISL to realize the important of empowerment and teamwork, therefore, when ISL recruits new employee, they will measure their ability of teamwork, potential for growth and quality awareness instead of measuring their technical skill only. For the existing employee, ISL also encourage for their involvement. For example, they will have a regular meeting where all employees are welcome to give their own suggestion and opinions. Moreover, the company always tries to strengthen staffs technical skill and quality awareness through various training or seminar from outside experts. Furthermore, the company also empowers the employee and gives special awards to well-performed staff in order to enhance the employee satisfaction. All these efforts helps ISL to achieve outstanding operational results, such as improve in punctuality, reduce absenteeism due to sickness, lower staff turnover rate, faster technical support response time, better trainer quality, higher maintenance incomes, and faster invoice processing time, etc. 3) Clear Strategic Planning and Leadership : By applying and receiving the HKMA awards, ISL has benefits from a very clear strategic planning and leadership. It lets Dr. Leung, the company leader, to aware of the importance of quality, but also pushes him to make some changes in ISL in order to enforce the quality enhancement, such as restructured the company units to a supportive organization structure, and to form a Quality Committee from senior management to co-ordinate and organize quality efforts. Moreover, the HKMA award program ensures ISL to have a very clear goal in quality and performance. For example, at the beginning of each year, ISL undergoes an annual Extensive Strategic Planning Process to plan for the goal and the actions of the current year base on the customer and staff satisfaction and economic factors. It helps ISL to continuously improving in its quality of services and products and leads to its success. 4) Enhance Customer Satisfaction by Customer Focus : ISL has realized that customer satisfaction and a good reputation for quality are vital to the companys survival. Therefore, it uses many marketing tools such as Product Life Cycle (PLC), Product Space Map and GAP analysis to determine market opportunities, segmentation, moving trends and the market position of its product. It helps ISL to be more efficient and be able to continue to understand more about its customers needs and requirements and improve its product and services in order to improve its market position. For example, the amount of repeat sales has grow from 4% to 23% of the total sales from 1992 to 1994. This rapid grow in repeat sales demonstrates that the customer satisfaction of ISL has been improved, and there is pro-active account management and development of long-term relationships with customers in ISL. 5) Profit Maximization and Cost Efficiency : Quality management also benefits ISL financially by maximizing its profits and lets it spends its cost more efficiency. During the eight years before the company applied for the HKMA award, ISLs annual sales grow rapidly. For example, the annual growth rates were 50% or above throughout the period from 1987 to 1994. Besides that, since the company embarked on the TQM programme, profitability has also improved. Moreover, the improvement in various aspects, such as the production process, lets ISL to spend its cost more efficiency. 6) Accelerate Continuous Improvement : The HKMA helps to accelerate the improvement efforts. It helped to set a pace for the quality improvement efforts. It created an accountability that moved the organization faster and further than it could have done on their own. For example, concerning the product improvements, ISL is constantly upgrading it products and services. It also has to keep up its product development programme in order to maintain its competitiveness in the marketplace. Besides that, it also engaged in improving the quality of its internal operations in order to improve in its process. These help to demonstrate ISLs efforts to accelerate its improvement continuously. Q.4: The strengths and weaknesses of ISL in the current competitive environment are as follows: 1) Leadership : * Dr. LEUNG has strongly commitment in promoting quality/products to the industry and to the ISL. For the industry, seminars and articles on Quality Management given by Dr. LEUNG not only educate the public, but also act as outside pressure to push ISL to improve its quality. For the company, he has laid down a companys motto and mission statement stressing on quality products/services to its customers. * Furthermore, a quality committee chaired by Dr. LEUNG has been established to co-ordinate company-wide efforts on quality improvement. The terms of reference for the committee are specified, which includes setting up companys quality standards, developing long- to short-term quality plans, monitoring quality implementation progresses, tackling customer issues, and so froth. * ISL in 1994 established a 3 levels supportive organization structure including front line staff, managers and top management. This organizational structure provides a supportive skeleton from one level to another so as to facilitate the performance of subordinates. ISL also formed the RD Department focusing on product direction and acting as the catalyst for quality improvement. ? Although Dr. LEUNG from time-to-time participates in public activities, ISL itself and other senior staff have not paid much attention to address their public responsibilities and citizenship. 2) Strategy Planning : * To improve product/services quality, ISL has introduced an annual Extensive Strategic Planning Process. At the beginning of each year, the Quality Committee meets externally to examine customer satisfaction and review/access impacts from environmental factors, and internally to motive and satisfy ISL staff and minimize waste and unproductive work. ISL also has set up 5 quality and performance goals, including Product Leadership, Quality Leadership, Consultancy, Implementation and Technical Support. ? Human resources plan has not considered. Key performance indicators are also not considered for tracking the progress of action plan, not to say projecting organizations future performance. 3) Customer and Market Focus : * ISL has adopted a number of marketing tools such as Product Life Cycle, Product Space Map and Gap analysis to determine market opportunities, segmentation, trends and the market position of its product. To collect information from customers, departments of TS and Sales Marketing have constantly contact and visits their customers with the aim to explore possible areas for improving its products and services. ? Mechanism has not formulated to handle customers complaints promptly and effectively. ISL should group all complaints together and analyze it for further improvement. Moreover, ISL should obtain and analyze information and customer satisfaction about their competitors for benchmarks. 4) Information and Analysis : * ISL has introduced an integrated management system, PURSUIT, for its operational processes. A SQL tool, FLEXQL is employed to extract data to generate ad-hoc or routine management reports for the departments of Sales, TS and RD. To effectively use the data, the management adopt the concept of Management-By-Facts and, wherever practicable, make decisions on a factual basis. * Key performance has been constantly communicated to ISL staff, its customers and suppliers via a wide range of communication channels; Internally ISL rely on weekly colloquium, monthly staff newsletter, departmental meetings, annual report, display boards and emails, while externally they rely on user newsletters, press releases, customer visits and customer surveys. ? A system for ensuring the accuracy, reliability and security of data and information has not in place. 5) Human Resource Focus : * The management of ISL in 1994 recognized that exchanges of experience and information among staff and managers were informal, and tasks and functions were mainly performed by a single person. In this regard, ISL has introduced a daily Japanese-style morning meeting for reporting work progress, planning of the schedule, seeking assistance from colleagues with relevant experience, and presenting a topic by members on a rotation basis with assessment. Besides, ISL launches a program, Quality in Action (QIA), which based on facts and data and empowered its staff to respond quickly to customer needs. * All suitable candidates have had at least 2 interviews to judge their competence in interpersonal skills, quality awareness, and so on forth. In addition, TS and the 3D development departments have a work rotation scheme to ensure that everyone receives a mix of job functions. * ISL provides a company colloquium with attendance of all staff on every Friday morning for brainstorming, team building and training of theories, concepts and tools in quality management. Departmental meeting is another place where customer and operational issues can be resolved. Group sessions are also organized for sharing experiences and new ideas. * ISL sends staff to external training courses and provides an annual HK$6,000 education allowance to each employee for job-related external training courses. * ISL has put a system in place to maintain a high level of staff morale. The system consists of communicating changes with feedback, making use the companys supportive organizational structure, coordinating with top managements direction, and providing counseling and mediation. ISL also has a Social Welfare Committee responsible for organization of key annual events. Furthermore, the company put a smoke-free working environment policy in force. * Three front line departments have its own incentive scheme. Employees have an annual appraisal to determine their pay. Special awards would be given to those who have exceptional performance. ? ISL not places much attention on providing assessment methods or measures, like upward appraisal, to determine employees well-being and satisfaction. The company shall also consider formulating a system to ensure safety and health of employees at work. 6) Process Management : * ISL emphasizes the quality of its development process. All software projects are headed by senior software staff and developed in accordance with a software engineering cycle. Moreover, ISL follows the best practice guidelines in the industry by allocating sufficient time and effort for System Analysis and Final Testing stages. To meet customers special needs, ISD also offers a tailor-made software service and develops User Manuals, Technical Manuals, Implementation Guide, and Training Notes Exercises, and provides Customer Training Programme and Implementation Consultancy Services. * To promulgate continuous improvement, ISL regularly upgrades its products and services based on the feedback from listening to customers, getting in touch with the marketplace, and valuing input from staff. * ISL acts as a value-added reseller by organizing marketing and education event, meeting with vendors, and dealing of hardware purchases. 7) Business Results : * ISL has established a series of services and indicators to focus on customers; Firstly, hotline support logging system has been introduced to gauge the performance of technical hotline support. Secondly, ISL offers a one-day training programme to its customers. Trainees request to evaluate and give feedback for the effectiveness of programme. Thirdly, ISL measures the percentage of purchasing maintenance service and maintenance income to reflect the satisfaction of customers. Finally, ISL conducts full-scale customer satisfaction survey to assess the strengths and weakness of its operation. * ISL tracks its annual sales, profitability, amount of repeat sales and number of installation sites to measure the results of company and quality and customer satisfactions of customers. * ISL measures punctuality, absenteeism, staff turnover rate to evaluate staff morale and work attitude. All these indicators move positively since its inception. ? Although ISL has successfully boosted its sales revenue by 50% annually from 87 to 94 with exception of 93, the net profit margin does not grow as much as the sales revenue. It also noticed that the percentage of increment of the sales revenue has been declined from 95 to 97, as compared with the annual growth from 87 to 94. Q. 5: With the limitation of resources available to ISL, we are of a view that ISL should concrete their efforts to target on Small and Medium-sized Enterprises in both Hong Kong and southern China. ISL should modify its existing products to suit the special needs of the largest manufacturing sectors in Hong Kong and southern China. (i.e.: Toys, Garment, and Electronic Industries.) 1) Products : Looking ahead, the following products should be provided by ISL to its client. As there is a growing trend for user-friendly software, a new software system with Window/Novell/Web-based application will become a potential product of ISL. In addition, with the growing connection between Mainland China and the Hong Kong Special Administrative Region, industrial undertakings headquartered in Hong Kong and with manufacturing plants scattered in Mainland China are on the increase. Coupled with this growth, there is an increasing need for such undertaking having an integrated computer system. Development of an effective communication system that facilitates the connection and communication between offices at different locations will be a potential product for ISL. Furthermore, ISL should explore the feasibility of developing an ERP and Global supply chain management software in collaboration with QAD. As QAD has experience in developing such product, it may reduce the product development time and help ISL stay in the forefront and keep in pace with the logistics business proposed in Hong Kong. 2) Services : On top of its current services, ISL should provide free software to academic institutions for education and promotion purposes. ISL may also provide free-trial software with limited effective date and authority to potential customers and existing customers for evaluation and promotion purposes. Besides that, ISL may regularly organize free training courses to their potential users or customers. Q. 6: As more and more aggressive competitors (e.g. SAP, MPIX, Minx Symix) have launched their businesses in Hong Kong and China, ISL should consider the following actions to further improve their quality or services to its customers. Firstly, it should pursue China market by more empowerment and participating in joint venture or co-operation programmes with China firms. It helps ISL increase/improve its cash flow, distribution channel and technology. Secondly, it should further improve their software systems in order to maintain their market position. It is noteworthy that some features / functions of ISLs software systems are far from satisfactory as compared with similar products offered by their competitors. The limited power of Envision is a good illustration of this. Thirdly, by means of joint venture, ISL should exchange their technical skill with foreign companies. It also allows ISL to exchange its stock shares with various companies for improving cash flow within the company. Fourthly, in addition to its cooperation programmes with the City University of Hong Kong and the Hong Kong Productivity Council, ISL shall extend it to various Universities in China. As these institutions have first-hand and in-depth understanding of the needs in China, such cooperation programmes not only help ISL develop its products but also can be their executive arms to disturb new software systems to China. Finally, ISL should set up a website to introduce their company background and new products to all visitors (potential customers) and existing customers. It can also build up FAQ (Frequently asked Questions) to help existing customers to solve common problems. Moreover, as a means of advertising, it can let more people to recognize ISL throughout the world.
Friday, November 15, 2019
Definition Of Hiv And Aids Health And Social Care Essay
Definition Of Hiv And Aids Health And Social Care Essay I have chosen the topic of HIV/AIDS. In this written assignment, Firstly, I will start by introducing what are HIV and AIDS and the influence of them. Secondly, I will generate some figure of the world and also in Hong Kong. Then, I will use the biopsychosocial model to describe the causes of HIV. Last but not lease, I will discuss the health promotion and Motivation Strategies. 2. Definition of HIV and AIDS: Definition of HIV The short term of Human Immunodeficiency Virus is called HIV which is a virus and it is reported by Dr. Luc Montagnier in 1983. They cannot reproduce and grow by themselves, they have to rely on a living organism and infect the cell of them in order to replicate. Viruses usually are found and killed by the human immune system quickly, however, HIV could directly attack the human immune system which would affect our body health and cannot get rid of a virus. Definition of AIDS AIDS Acquires Immune Deficiency Syndrome which is caused by inflection of HIV which would destroys the human ability to fight with the diseases and cancers. AIDS is not a single disease and it combine with opportunistic infection which would invade the live body easily when the immune system is destroyed. People with HIV are not equal to infect AIDS. For the people who inflect HIV can also remain dormant in body for several years. During the median incubation period, for adult, it would take ten years to develop AIDS on average. And a lot of people with HIV may be unaware of their inflection status and look healthy. 3. Influence For the people who have infected HIV are they are higher risk to get infected and malignancies because the immune system is damage which is called opportunistic infects. The most common HIV-related opportunistic infections and diseases includes the bacterial diseases and protozoal diseases, fungal diseases, Viral diseases and HIV-associated malignancies. There are different condition would appear in different stage of HIV infection. For the first stage patient, they have higher rate to infect tuberculosis, bacterial pneumonia, malaria, staphylococcal skin infections, herpes zoster and septicaemia and more difficult to recover. For the later stage of the patient, the immune system is being more and more weak, it is easier for them to infect PCP, cryptococcosis and toxoplasmosis which can be fatal. 4. Figure of HIV/AIDS HIV is a global epidemic. They affect different country of the world. It could have negative effects in families, communities and the whole countries. From the above bar chart, we can find that the number of people living with HIV increase from 8 million in1990 to 34 million in 2010. Also, in recent years, the overall number of growth of the epidemic has become more stable and the annual number of the new inflection has continuously decreased because of the increasing number of people has received antiretroviral therapy. Moreover, AID-related deaths number has also decrease. From the above bar chart, it is clearly to see the majority people living with HIV is mostly live in low and middle income countries, especially Sub-Saharan Africa where has two-thirds of all infected people of the whole world which carries the greatest burden of the epidemic. Also, South and South-East Asia is the second highest number of people who are infected HIV. Figure in Hong Kong This research is done by The Virtual AIDS Office (VAO) of Hong Kong. In Hong Kong, the first case of HIV infection was reported in 1984. From the above graphics, we would find that the number of case of people infected HIV keep on increasing in recent years. The number of cases has a mild drop in 2009 and 2010, however, the number of case in 2011 increase to a record high of 438 cases. Also, it is clearly to find the most inflection were in adult, male and Chinese. In 2011, there is 79% of the reported cases were men and 66% of reported cases is Chinese and the 83% of the reported cases aged between 20-49 which is the highest. This pie chart show the suspected route of HIV transmission in 2011, we would find that the large proportion of people getting infected HIV is from sexual transmission which includes 39% of homosexual, 27% of heterosexual and 4% of bisexual. Also, 3.5% is infected from blood contact which includes contaminated blood, blood products and needles. 5. Causes Biological Causes Transmission of HIV Sexual contact During the sexual contact, the semen or vaginal discharge of the inflected partner would directly in contact with the mucous membrane of the male and females reproductive organ. Therefore, homosexual and homosexual contact can transmit HIV, such as vaginal, oral or anal sex. And the risk of HIV transmission would increase when there is ulcer and blood during the sexual contact. Blood contact HIV would be transmitted by contaminated blood, blood products and needles because there is the high concentration of HIV in blood of the people inflected. It is common to find that blood-borne transmission of HIV often occurs when the drug users who infected HIV share the needles with others. Also, we would find some cases in the health care setting, such as needlestick injuries and the HIV transfuse to the blood or blood product. Mother to infant infection During pregnancy, delivery or breasting feeding, there is 15-40% change that HIV can transmit the infant if the mother is infected. Psychological Causes There are a lot of psychological causes would increase the risk of HIV. For examples, the personal depression, suicidal thoughts, lack of sleep would lead to an increase of stress and may cause some psychiatric problems which would slow down our immune systems and we have to place more stain on it. Also, for the people who have infected HIV it would lead to high HIV viral loads. Furthermore, increase of stress will cause a lot of problems. When people getting more and more stressful, some people may choose to go to the recreational place to relax themselves, such as clubbing, bar and game center. It is easier for them to meet some bad friend and they may mislead them to take the drugs or have the sexual relation which would increase the risk of HIV transmission, such as blood contact and sexual contact. In addition, for the people who have infected HIV, eating habit would also affect the process from HIV to AIDS which is base on the diet of the patient. It would be faster if the patient is malnourished. Sociological Causes For the developing country In the developing country, there is a lack of antiretroviral treatments and poor health care system which leads to the rate of people infected HIV remains in a high level. People in the developing countries are unawareness of HIV, For the modern society In the modern society, people are more open-minded. A lot of people may choose to go to the club or bar to relax after work and they may think there is nothing problem to have sex with somebody and it would lead to an increase to the number of people getting sexual contact. -Media The mass media always play the central role of the whole society and it would affect the mind of the citizen. In the modern society, one of the causes that people getting more and more open-minded is affect by the media. Although they are not aim to send whose messages to them, but when they watch the movies or a TV programmes that the actors can easily have the sexual relation to others or they are taking drugs which would directly affect their mind and they may want to imitate. It would increase the risk of infect HIV through blood contact and sexual contact. 6. Health promotion Information and education The effective AIDS programme should promote the information and provision of education which is the key prerequisites. It should cover the all sectors of the society and educate them in a way that they can easily understand and acceptable. Also, it should be put effort continuously to achieve the outcome. HIV and AIDS education in schools For educating the young about HIV and AIDS, the most common place is to learn from school which is a crucial setting to educate the young. School usually pays an important role in shaping the youths attitudes, opinions and behavior. Therefore, teaching in school about the biological aspects of HIV and AIDS is ideal environment for teaching the social. HIV and AIDS education in the workplace To prevent HIV/AIDS, the key location is to educate them in the workplace. It is an important way to give them the information about what are HIV/AIDS, the causes and some prevention. Also, teaching them at the workplace can reach people who have not learn it before at school. Moreover, there are some researches found that there are nine out of ten people who are infected HIV are working. Therefore, providing education at the workplace can help the people live healthier. For the government, they can promote some programs of the International Labour Organization (ILO) for some company to join. One of the aim of the International Labour Organization is to promote different prevent solutions at the workplace and support the workers with HIV, such as providing treatment and care. -HIV and AIDS education through the mass media Also the other effective way is educating the public through the mass media. Mass media always play the central role in a lot of countries in respond to HIV and AIDS. For example, UK government in order to raise the awareness of the public about the HIV and AIDS, they use the progamme called blanket education which make good use of the mass media that can cover the whole society, and it is really successful in promoting HIV and AIDS. -Clinical and support service Information and education is not sufficient to inform to public. The most critical step is to provide the counselling, advice, medical treatments and support services which should also cover the whole society, especially for whole who are high risk to infect HIV, such as the drugs users, commercial sex workers. These treatments and services are both essential to the AIDS programme which can fight against the disease. For example, for the prevention of sexual Transmission of HIV, there are some sexually transmitted diseases(STD) clinics can promote some AIDS information and education to be informed to the patients, such as inform the people who have high risk of infecting HIV should have a regular test. Also, an effective AIDS programme should train some health professional to provide effective treatments to the patients. 7. Motivation Strategies -For the people who have not inflect HIV To prevent sexual contact Apart from abstinence, safe sex should be mutually monogamous sexual relationship with an uninfected person. If you do not know your partner is affected or not, you should use the condoms from the beginning whatever which types of sexual intercourse. Using condoms can reduce the risk of infecting HIV. To protect yourself and to love your sexual partner, condoms have to use properly and consistently. To prevent blood contact For drug user: There are 4 things that they can do to prevent the blood contact. Firstly, they should avoid taking drugs and as soon as possible to seek the drug treatment and rehabilitation services. Secondly, if someone cannot avoid taking drug immediately, the injecting method of taking drugs should be adopted and they should join the methadone treatment programme. Thirdly, if the drug users cannot stop to injecting drugs, they should not share syringes and needles to other and they should use once-only syringes and needles. Lastly, if the drugs users do not have their own syringe and needles, they should use bleach to clear the syringe twice and twice with water to avoid infection. For health care workers: In the health care setting, health care workers are easier to have some blood borne diseases such as HIV through needlestick injury. If the accident occurs, to reduce the risk of infection, first-aid management is very important. Moreover, the most effective way to reduce the risk of infection is to use universal precautions to all patients, such as wearing the protective barriers and washing hand frequently. To prevent mother to infant infection For the women who are considering having a baby or have been pregnant, if they are suspected to be infected with HIV, they should talk to their doctors or the AIDS counselor and should have an HIV antibody test. Furthermore, to prevent mother-to-child transmission, there is a way to use antiretroviral drugs which can reduce the risk of the child getting infected HIV. For the people infected HIV: Have the Medical management of HIV infection Although from now on, there is no such method to root up the disease, but there is some treatment have been made of AIDS. It includes two types, one is the antiretroviral drugs adoption which can control the activities of the HIV, help to restore the immunity functions and minimize the harmful effect of the virus. The other one is to have some treatment and prophylaxis to minimize the risk of opportunistic infection. Using the above methods can improve the health of the infected people and improve their quantity of life and survival in people. Therefore, for the people infected, they should have the regular medical follow-up for monitoring of the disease, so that the health care professional can follow the cases. It can detect the complications earlier and have appropriate treatment which can improve the survival change. Control your emotion When the patients face the illness of HIV/AIDS, they must feel fear, uncertainty, guilt, anxiety, anger and depression. However, it may something worsen the situation. Therefore, they should not deny their feeling. Ventilation of feeling may help them to resolving the emotional problem. You may share your feeling and concern to someone you trust. They may also try to gain counseling support, there will be the social worker to help you. 8. Conclusion To conclude, from the above passages, we would found that the number of people getting infected HIV is remind in a high level. And the causes can separate into the biological, such as the transmission of HIV, psychological, such as the stress and eating habit and sociological causes which depend on the different countries and society. Moreover, there is some health promotion which should educate the public and provide some clinical treatment and services to them. Lastly, we have discussed the motivation strategies which design for the people have not inflected and the patient with HIV. And I believe that with the above methods, the problems of HIV/AIDS would be improved in foreseeable further.
Tuesday, November 12, 2019
Indian contract act Essay
A prospectus issued by a company for subscription of its shares by the members of the public, is an invitation to offer. The Letter of Offer issued by a company to its existing shareholders is an offer. 5. The offer must be communicated to the offeree. An offer must be communicated to the offeree before it can be accepted. This is true of specific as sell as general offer. 6. The offer must not contain a term the non-compliance of which may be assumed to amount to acceptance. Cross Offers Where two parties make identical offers to each other, in ignorance of each otherââ¬â¢s offer, the offers are known as cross-offers and neither of the two can be called an acceptance of the other and, therefore, there is no contract. TERMINATION OR LAPSE OF AN OFFER An offer is made with a view to obtain assent thereto. As soon as the offer is accepted it becomes a conà tract. But before it is accepted, it may lapse, or may be revoked. Also, the offeree may reject the offer. In these cases, the offer will come to an end. 1) The offer lapses after stipulated or reasonable time 2) An offer lapses by the death or insanity of the offeror or the offeree before acceptance. 3) An offer terminates when rejected by the offeree. 4) An offer terminates when revoked by the offeror before acceptance. 5) An offer terminates by not being accepted in the mode prescribed, or if no mode is prescribed, in some usual and reasonable manner. 6) A conditional offer terminates when the condition is not accepted by the offeree. (7) Counter Offer TERMINATION OF AN OFFER 1. An offer lapses after stipulated or reasonable time. 2. An offer lapses by the death or insanity of the offeror or the offeree before acceptance. 2. An offer lapses on rejection. 4. An offer terminates when revoked. 5. It terminates by counter-offer. 6. It terminates by not being accepted in the mode prescribed or in usual and reasonable manner. 7. A conditional offer terminates when condition is not accepted. ACCEPTANCE Acceptance has been defined as ââ¬Å"When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be acceptedâ⬠. Acceptance how made The offeree is deemed to have given his acceptance when he gives his assent to the proposal. The assent may be express or implied. It is express when the acceptance has been signified either in writing, or by word of mouth, or by performance of some required act. Ex- A enters into a bus for going to his destination and takes a seat. From the very nature, of the circumstance, the law will imply acceptance on the part of A.] In the case of a general offer, it can be accepted by anyone by complying with the terms of the offer. ESSENTIALS OF A VALID ACCEPTANCE 1) Acceptance must be absolute and unqualified. 2) Acceptance must be communicated to the offeror. 3) Acceptance must be according to the mode prescribed. Ex- A sends an offer to B through post in the usual course. B should make the acceptance in the ââ¬Å"usual and reasonable mannerâ⬠as no mode of acceptance is prescribed. He may acà cept the offer by sending a letter, through post, in the ordinary course, within a reasonable time. COMMUNICATION OF OFFER, ACCEPTANCE AND REVOCATION As mentioned earlier that in order to be a valid offer and acceptance. (i) the offer must be communicated to the offeree, and (ii) the acceptance must be communicated to the offeror. The communication of acceptance is complete: (i) as against the proposer, when it is put into a course of transmission to him, so as to be out of the power of the acceptor; (ii) as against the acceptor, when it comes to the knowledge of the proposer. Ex- A proposes, by letter, to sell a house to B at a certain price. B accepts Aââ¬â¢s proposal by a letter sent by post. The communication of acceptance is complete: (i) as against A, when the letter is posted by B; (ii) as against B, when the letter is received by A. The communication of a revocation (of an offer or an acceptance) is complete: (1) as against the person who makes it, when it is put into a course of transmission to the person to whom it is made, so as to be out of the power of the person who makes it. (2) as against the person to whom it is made when it comes to his knowledge. Ex- A revokes his proposal by telegram. The revocation is complete as against A, when the teleà gram is dispatched. It is complete as against B, when B receives it. Revocation of proposal and acceptance: A proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards. Ex- A proposes, by a letter sent by post, to sell his house to B. B accepts the proposal by a letter sent by post. A may revoke his proposal at any time before or at the moment when B posts his letter of acà ceptance, but not afterwards. B may revoke his acceptance at any time before or at the moment when the letter communià cating it reaches A, but not afterwards. 2.3 CAPACITY TO CONTRACT (Sections 10-12) WHO ARE NOT COMPETENT TO CONTRACT The following are considered as incompetent to contract, in the eye of law: ââ¬â (1) Minor: ââ¬â (i) A contract with or by a minor is void and a minor, therefore, cannot, bind himself by a contract. (ii) A minorââ¬â¢s agreement cannot be ratified by the minor on his attaining majority. (iii) If a minor has received any benefit under a void contract, he cannot be asked to refund the same. (iv) A minor cannot be a partner in a partnership firm. (v) A minorââ¬â¢s estate is liable to a person who supplies necessaries of life to a minor. CASE EXAMPLE In 1903 the Privy Council in the leading case of Mohiri Bibi v. Dharmodas Ghose (190,30 Ca. 539) held that in India minorââ¬â¢s contracts are absolutely void and not merely voidable. The facts of the case were: Dharmodas Ghose, a minor, entered into a contract for borrowing a sum of Rs. 20,000 out of which the lender paid the minor a sum of Rs. 8,000. The minor executed mortgage of property in favour of the lender. Subsequently, the minor sued for setting aside the mortgage. The Privy Council had to ascertain the validity of the mortgage. Under Section 7 of the Transfer of Property Act, every person competent to contract is competent to mortgage. The Privy Counà cil decided that Sections 10 and 11 of the Indian Contract Act make the minorââ¬â¢s contract void. The mortgagee prayed for refund of Rs. 8,000 by the minor. The Privy Council further held that as a minorââ¬â¢s contract is void, any money advanced to a minor cannot be recovered. (2) Mental Incompetence A person is said to be of unsound mind for the purpose of making a contract, if at the time when he makes it, he is incapable of understanding it, and of forming a rational judgement as to its effect upon his interests. A person, who is usually of unsound mind, but occasionally of sound mind, may make a contract when he is of sound mind. Ex- A patient, in a lunatic asylum, who is at intervals, of sound mind; may contract during those intervals. A sane man, who is delirious from fever or who is so drunk that he cannot understand the terms of a contract or form a rational judgement as to its effect on his interest, cannot contract whilst such delirium or drunkenness lasts. (3) Incompetence through Status (i) Alien Enemy (Political Status) (ii) Foreign Sovereigns and Ambassadors (iii) Company under the Companies Act or Statutory Corporation by passing Special Act of Parliament (Corporate status) (iv) Insolvent Persons 2.4 FREE CONSENT (Sections 10; 13-22) What is the meaning of `CONSENT` (SECTION 13) When two or more persons agree upon the same thing in the same sense, they are said to consent. Ex-agrees to sell his Fiat Car 1983 model for Rs. 80,000. B agrees to buy the same. There is a valid contract since A and B have consented to the same subject matter. What is meant by `Free Consent` (i) A railway company refuses to deliver certain goods to the consignee, except upon the payà ment of an illegal charge for carriage. The consignee pays the sum charged in order to obtain the goods. He is entitled to recover so much of the charge as was illegally excessive. (ii) The directors of a Tramway Co. issued a prospectus stating that they had the right to run tramcars with steam power instead of with horses as before. In fact, the Act incorporating the company provided that such power might be used with the sanction of the Board of Trade. But, the Board of Trade refused to give permission and the company had to be wound up. P, a shareholder sued the directors for damà ages for fraud. The House of Lords held that the directors were not liable in fraud because they honestly believed what they said in the prospectus to be true. [Derry v. Peek (1889) 14 A.C. 337]. 2.5 CONSIDERATION [Sections 2(d), 10,23-25, 148, 185] Definition Consideration is what a promisor demands as the price for his promise. In simple words, it means ââ¬Ësomething in return.ââ¬â¢ Consideration has been defined as ââ¬Å"When at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or promises to abstain from doing someà thing, such act or abstinence or promise is called a consideration for the promise.â⬠IMPORTANCE OF CONSIDERATION A promise without consideration is purely gratuitous and, however sacred and binding in honour it may be, cannot create a legal obligation. A person who makes a promà ise to do or abstain from doing something usually does so as a return or equivalent of some loss, damage, or inconvenience that may have been occasioned to the other party in respect of the promise. The benefit so received and the loss, damage or inconvenience so caused is regarded in law as the consideration for the promise. KINDS OF CONSIDERATION A consideration may be: 1. Executed or Present 2. Executory or Future 2. Past 2.6 LEGALITY OF OBJECT (Sections 23, 24) An agreement will not be enforceable if its object or the consideration is unlawful. According to Section 23 of the Act, the consideration and the object of an agreement are unlawful in the following cases: What consideration and objects are unlawful ââ¬â agreement VOID 1. If it is forbidden by law 2. If it is of such a nature that if permitted, it would defeat the provisions of any law. 2. If it is fraudulent. An agreement with a view to defraud other is void. 4. If it involves or implies injury to the person or property of another. If the object of an agreeà ment is to injure the person or property of another it is void. 5. If the Court regards it as immoral or opposed to public policy. An agreement, whose object or consideration is immoral or is opposed to the public policy, is void. Ex- A partnership entered into for the purpose of doing business in arrack (local alcoholic drink) on a licence granted only to one of the partners, is void ab-initio whether the partnership was entered into before the licence was granted or afterwards as it involved a transfer of licence, which is forbidden and penalised by the Akbari Act and the rules thereunder [Velu Payaychi v. Siva Sooriam, AIR (1950) Mad. 987]. 2.7 VOID and VOIDABLE Agreements (Sections 26-30) Void agreement 1. The following are the additional grounds declaring agreements as void: ââ¬â (i) Agreements by person who are not competent to contract. (ii) Agreements under a mutual mistake of fact material to the agreement. (iii) Agreement with unlawful consideration. (iv) Agreement without consideration. (Exception ââ¬â if such an agreement is in writing and registered or for a past consideration) (v) Agreement in restraint of marriage. (vi) Agreement in restraint of trade (vii) Agreements in restrain of legal proceedings, (viii) Agreements void for uncertainty (Agreements, the meaning of which is not certain, or capable of being made certain) (ix) Agreements by way of wager (a promise to give money or moneyââ¬â¢s worth upon the determination or ascertainment of an uncertain event) (x) Agreements against Public Policy (xi) Agreements to do impossible act. Voidable agreements An agreement, which has been entered into by misrepresentation, fraud, coercion is voidable, at the option of the aggrieved party. 2.8 CONTINGENT CONTRACTS (SECTIONS 31-36) A contingent contract is a contract to do or not to do something, if some event, collateral to such conà tract does or does not happen. When a contingent contract may be enforced Contingent contracts may be enforced when that uncertain future event has happened. If the event becomes impossible, such contracts become void. ESSENTIAL ELEMENTS OF A CONTINGENT CONTACT 1. There must be a valid contract. 2. The performance of the contract must be conditional. 3. The even must be uncertain. 4. The event must be collateral to the contact. 5. The event must be an act of the party. 6. The event should not be the discretion of the promisor. 2.9 QUASI CONTRACTS [SECTIONS 68- 72] The term `quasi contract` may be defined as a ` contract which resembles that created by a contract.` as a matter of fact, `quasi contract` is not a contract in the strict sense of the term, because there is no real contract in existence. Moreover, there is no intention of the parties to enter into a contract. It is an obligation, which the law creates in the absence of any agreement. CIRCUMSTANCES OF QUASI CONTRACTS Following are to be deemed Quasi-contracts. (i) Claim for Necessaries Supplied to a person incapable of Contracting or on his account. (ii) Reimbursement of person paying money due by another in payment of which he is interà ested. Obligation of a person enjoying benefits of non-gratuitous act. (iii) Responsibility of Finder of Goods (iv) Liability of person to whom money is paid, or thing delivered by mistake or under coercion Ex- A, who supplies the wife and children of B, a lunatic, with necessaries suitable to their conà ditions in life, is entitled to be reimbursed from Bââ¬â¢s property. 2.10 PERFORMANCE OF CONTRACTS [SECTIONS 37-67] Offer to perform or tender of performance According to Section 38, if a valid offer/tender is made and is not accepted by the promisee, the promisor shall not be responsible for non-performance nor shall he lose his rights under the contract. A tender or offer of performance to be valid must satisfy the following conditions: 1. It must be unconditional. 2. It must be made at proper time and place, and performed in the agreed manner. WHO MUST PERFORM Promisor ââ¬â The promise may be performed by promisor himself, or his agent or by his legal representative. Agent ââ¬â the promisor may employ a competent person to perform it. Legal Representative ââ¬â In case of death of the promisor, the Legal representative must perform the promise unless a contrary intention appears from the contract. CONTRACTS, WHICH NEED NOT BE PERFORMED I. If the parties mutually agree to substitute the original contract by a new one or to rescind or alter it 2. If the promisee dispenses with or remits, wholly or in part the performance of the promise made to him or extends the time for such performance or accepts any satisfaction for it. 2. If the person, at whose option the contract is voidable, rescinds it. 4. If the promisee neglects or refuses to afford the promisor reasonable facilities for the performance of his promise. 2.11 DISCHARGE OF CONTRACTS [Sections 73-75] The cases in which a contract is discharged may be classified as follows: A. By performance or tender B. By mutual consent A contract may terminate by mutual consent in any of the following ways: ââ¬â a. Novation (substitution) b. Recession (cancellation) c. Alteration C. By subsequent impossibility D. By operation of law E. By breach 2.12 REMEDIES FOR BREACH OF CONTRACT (SECTIONS 73-75) As soon as either party commits a breach of the contract, the other party becomes entitled to any of the following reliefs: ââ¬â a) Recession of the contract b) Damages (monetary compensation) c) Specific performance d) Injunction e) Quantum meruit Ex ââ¬â A, a singer contracts with B, the manager of a theatre, to sing at his theatre for two nights in every week during the next two months, and B engages to pay her Rs. 100 for each nightââ¬â¢s performance. On the sixth night, A wilfully absents herself from the theatre and B in consequence, rescinds the contract. B is entitled to claim compensation for the damages for which he has sustained through the non-fulfilment of the contract. 2.13 CONTRACTS OF INDEMNITY [SECTIONS 124-125] What is contract of indemnity A contract of indemnity is a contract whereby one party promises to save the other from loss caused to him by the conduct of the promisor himself or by the conduct of any other party. A contract of indemnity may arise either (1) by an express promise or (2) by operation of law i.e. the duty of a principal to indemnify an agent from consequences of all lawful acts done by him as an agent. RIGHTS OF INDEMNIFIED (THE INDEMNITY HOLDER) The indemnity holder is entitled to recover from the promisor a) All the damages which may be compelled to pay in any suit in respect of any matter to which the promise to indemnify applies b) All costs of suit which he may have to pay to such third party provided in bringing or defending the suit (i) he acted under the authority of the indemnifier or (ii) he did not act in contravention of the orders of the indemnifier and in such a such as a prudent man would act in his own case. c) All sums which he may have paid under the terms of any compromise of any such suit, if the compromise was not contrary to the orders of the indemnifier, and was one which it would have been prudent for the promisee to make. RIGHTS OF INDEMNIFIER The Contract Act makes no mention of the rights of the indemnifier. It has been held in Jaswant Singh Vs. Section of State 14 Bom 299 that the indemnifier becomes entitled to the benefit of all the securities, which the creditor has against the principal debtor whether he was aware of them, or not. 2.14 CONTRACT OF GUARANTEE [SECTION 126] What is Contract of Guarantee A contract of guarantee is defined as a contract to perform the promise or discharge the liability or a third person in case of his default. The person who gives the guarantee is called the ââ¬Å"Suretyâ⬠, the person from whom the guarantee is given is called the ââ¬Å"Principal Debtorâ⬠and the person to whom the guarantee I given is called the ââ¬Å"Creditorâ⬠. Requirement of two contracts It must be noted that in a contract of guarantee there must, in effect be two contracts, (i) a principal contract ââ¬â the principal debtor and the creditor ; and (ii) a secondary contract ââ¬â the creditor and the surety. Ex ââ¬â When A requests B to lend Rs. 10,000 to C and guarantees that C will repay the amount within the agreed time and that on C failing to do so, he will himself pay to B, there is a contract of guarantee. Essential and legal rules for a valid contract of guarantee (i) The contract of guarantee must satisfy the requirements of a valid contract (ii) There must be someone primarily liable (iii) The promise to pay must be conditional Kinds of guarantee (i) Specific Guarantee (ii) Continuing Guarantee RIGHTS AND OBLIGATIONS OF THE CREDITOR Rights The creditor is entitled to demand payment from the surety as soon as the principal debtor refuses to pay or makes default in payment. Obligations The obligations of a creditor are: 1) Not to change any terms of the Original Contract. 2) Not to compound, or give time to, or agree not to sue the Principal Debtor 3) Not to do any act inconsistent with the rights of the surety RIGHTS OF SURETY Rights of a surety may be classified under three heads: 1. Rights against the Creditor In case of fidelity guarantee, the surety can direct creditor to dismiss the employee whose honesty he has guaranteed, in the event of proved dishonesty of the employee. 2. Rights against the Principal Debtor (a) Right of Subrogation (stepping into the shoes of the original) Where a surety has paid the guaranteed debt on its becoming due or has performed the guaranteed duty on the default of the principal debtor, he is invested with all the rights, which the creditor has against the debtor. (b) Right to be indemnified The surety has the right to recover from the principal debtor, the amounts which he has rightfully paid under the contract of guarantee. 2. Rights of Contribution Where a debt has been guaranteed by more than one person, they are called as co-sureties. When a surety has paid more than his share, he has a right of contribution from the other sureties who are equally bound to pay with him. LIABILITIES OF SURETY The liability of a surety is called as secondary or contingent, as his liability arises only on default by the principal debtor. But as soon as the principal debtor defaults, the liability of the surety begins and runs co-extensive with the liability of the principal debtor, in the sense that the surety will be liable for all those sums for which the principal debtor is liable. The creditor may file a suit against the surety without suing the principal debtor. Where the creditor holds securities from the principal debtor for his debt, the creditor need not first exhaust his remedies against the securities before suing the surety, unless the contract specifically so provides. DISCHARGE OF SURETY 1. By notice of revocation 2. By death of surety 2. By variance in terms of contract 4. By release or discharge of Principal Debtor 5. By compounding with, or giving time to, or agreeing not to sue, Principal Debtor 6. By creditorââ¬â¢s act or omission impairing Suretyââ¬â¢s eventual remedy 7. Loss of Security 2.15 CONTRACT OF BAILMENT AND PLEDGE BAILMENT [SECTIONS 148 ââ¬â181] What is `Bailment` When one person delivers some goods to another person under a contract for a specified purpose and when that specified purposes is accomplished the goods shall be delivered to the first person, it is known as Bailment The person delivering the goods is called the ââ¬Å"Bailorâ⬠, and the person to whom goods are delivered is called the ââ¬Å"Baileeâ⬠. CHARACTERISTICS OF BAILMENT 1. Delivery of Goods ââ¬â it may be express or constructive (implied). 2. Contract. 2. Return of goods in specie. KINDS OF BAILMENTS Bailment may be classified as follows: ââ¬â 1. Deposit ââ¬â Delivery of goods by one man to another to keep for the use of the bailor. 2. Commodatum ââ¬â Goods lent to friend gratis (free of charge) to be used by him. 2. Hire ââ¬â Goods lent to the bailee for hire, i.e., in return for payment of money. 4. Pawn or Pledge ââ¬â Deposit of goods with another by way of security for money borrowed. 5. Delivery of goods for being transported by the bailee ââ¬â for reward. DUTIES OF BAILOR 1. To disclose faults in the goods 2. Liability for breach of warranty as to title. 2. To bear expenses in case of Gratuitous bailments 4. In case of non-gratuitous bailments, the bailor is held responsible to bear only extra-ordinary expenses. Ex- A horse is lent for a journey. The ordinary expenses like feeding the horse etc., shall be borne by the bailee but in case horse falls ill, the money spent in his treatment will be regarded as an extra-ordinary expenditure and borne by the bailor. DUTIES OF THE BAILEE 1. To take care of the goods bailed 2. Not to make unauthorised use of goods 2. Not to Mix Bailorââ¬â¢s goods with his own 4. To return the goods bailed 5. To return any accretion to the goods bailed RIGHTS OF BAILEE 1. The bailee can sue bailor for (a) claiming compensation for damage resulting from non-disdosure of faults in the goods; (b) for breach of warranty as to title and the damage resulting therefrom; and (c) for extraordinary expenses. 2. Lien 2. Rights against wrongful deprivation of injury to goods RIGHTS OF THE BAILOR 1. The bailor can enforce by suit all duties or liabilities of the bailee. 2. In case of gratuitous bailment (i.e., bailment without reward), the bailor can demand their return whenever he pleases, even though he lent it for a specified time or purpose. TERMINATION OF BAILMENT 1. On the expiry of the stipulated period. 2. On the accomplishment of the specified purpose. 2. By baileeââ¬â¢s act inconsistent with conditions. FINDER OF LOST GOODS Finding is not keeping. A finder of lost goods is treated as the bailee of the goods found as such and is charged with the responsibilities of a bailee, besides the responsibility of exercising reasonable efforts in finding the real owner. However, he enjoys certain rights also. His rights are summed up hereunderà 1. Right to retain the goods 2. Right to Sell -the finder may sell it: (1) when the thing is in danger of perishing or of losing the greater part of its value; (2) when the lawful charges of the finder in respect of the thing found, amount to 2/3rd of its value. 2.16 PLEDGE A pledge is the bailment of goods as security for payment of debt or performance of a promise. The person who delivers the goods, as security is called the ââ¬Ëpledgorââ¬â¢ and the person to whom the goods are so delivered is called the ââ¬Ëpledgeeââ¬â¢. The ownership remains with the pledgor. It is only a qualified property that passes to the pledgee. Delivery Essential ââ¬â A pledge is created only when the goods are delivered by the borrower to the lender or to someone on his behalf with the intention of their being treated as security against the advance. Delivery of goods may, however, be actual or constructive. 2.17 CONTRACT OF AGENCY [SECTION 182 ââ¬â 238] Who is an `Agent` An agent is defined as a ââ¬Å"person employed to do any act for another or to represent another in dealings with third personâ⬠. In other words, an agent is a person who acts in place of another. The person for whom or on whose behalf he acts is called the Principal. Agency is therefore, a relation based upon an express or implied agreement whereby one person, the agent, is authorised to act for another, his principal, in transactions with third person. The function of an agent is to bring about contractual relations between the principal and third parà ties. WHO CAN EMPLOY AN AGENT Any person, who is capable to contract may appoint as agent. Thus, a minor or lunatic cannot contract through an agent since they cannot contract themselves personally either. WHO MAY BE AN AGENT In considering the contract of agency itself (i.e., the relation between principal and agent), the contractual capacity of the agent becomes important. HOW AGENCY IS CREATED A contract of agency may be created by in any of the following three ways: ââ¬â (1) Express Agency (2) Implied Agency (3) Agency by Estoppel (4) Agency by Holding Out (5) Agency of Necessity (6) Agency By Ratification DUTIES OF AGENT 1. To conduct the business of agency according to the principalââ¬â¢s directions 2. The agent should conduct the business with the skill and diligence that is generally possessed by persons engaged in similar business, except where the principal knows that the agent is wanting in skill. 3. To render proper accounts. 4. To use all reasonable diligence, in communicating with his principal, and in seeking to obtain his instructions. 5. Not to make any secret profits 6. Not to deal on his own account 7. Agent not entitled to remuneration for business misconducted. 8. An agent should not disclose confidential information supplied to him by the principal [Weld Blundell v. Stephens (1920) AC. 1956]. 9. When an agency is terminated by the principal dying or becoming of unsound mind, the agent is bound to take on behalf of the representatives of his late principal, all reasonable steps for the protection and preservation of the interests entrusted to him. RIGHTS OF AN AGENT 1. Right to remuneration 2. Right Of Retainer 2. Right of Lien 4. Right of Indemnification 5. Right to compensation for injury caused by principalââ¬â¢s neglect PRINCIPALââ¬â¢S DUTIES TO AGENT A principal is: (i) bound to indemnify the agent against the consequences of all lawful acts done by such agent in exercise of the authority conferred upon him; (ii) liable to indemnify an agent against the consequences of an act done in good faith. (iii) The principal must make compensation to his agent in respect of injury caused to such agent by the principalââ¬â¢s neglect or want of skill. TERMINATION OF AGENCY 1. By revocation by the Principal. 2. On the expiry of fixed period of time. 2. On the performance of the specific purpose. 4. Insanity or Death of the principal or Agent. 5. An agency shall also terminate in case subject matter is either destroyed or rendered unlawful. 6. Insolvency of the Principal. Insolvency of the principal, not of the agent, terminates the agency. 7. By renunciation of agency by the Agent.
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