Legal and Regulatory Framework

Legal and Regulatory Framework I. The basis of the contract From the coupon attached, we can see the specialist terms as follows: 1. Each person should use only one ticket and not use the ticket in conjunction with other coupons 2. The Minimum consumption should be controlled over 100 yuan. 3. The coupon can’t be used in the holidays. 4. The final interpretation is owned by our company. The standard form contract is a standard document prepared by many large organizations and setting out the terms on which they contract with their customers.The individual must usually take it or leave it: he does not really ‘agree’ to it. For example, a customer has to accept his supply of electricity on the electricity board’s terms; individuals cannot negotiate discounts. I chose a restaurant coupons. An offer is a restaurant A, while offered is the person consumed in the restaurant. An offer is a definite promise to be bound on specific terms . Acceptance is the unqualif ied agreement to the terms of the offer.If the consumer use the coupon, he’ll obey all the terms in the contract, especially the specialist terms. The parties must have reached some sort of agreement. In this case, there are two parties, the restaurant and consumer, who are mentally capable of understanding the nature and effect of the contract. And all of us are not legally restricted protected against making a contract due to absence of capacity or limited capacity. II. The significance of specialist terms in the contractExample: â€Å"Final interpretation of the business† â€Å"Holidays can’t be used† The significance of the specialist term: â€Å"Final interpretation† owned by the business belongs to a typical no-trade clause. The so-called â€Å"company reserves the final interpretation† is obviously beneficial to the the interests of one side who made the contract, but deprives the interests of one party who accepted standard form cont ract. Though a lot of prepaid coupons restrict on ‘holiday' use, but there is no clear ‘holidays' a specific date, it should be understood as legal holidays.But some businesses confuse the concept of â€Å"holidays† and â€Å"legal holidays†. â€Å"Women's Day†, â€Å"Youth Day†, â€Å"Tanabata Festival and other festivals, as well as foreign† Christmas â€Å",† Valentine â€Å",† Splash† should not be included. Business use restrictions on legal holidays other than the festival, they should be on coupons coupon surface indicate, it is best to also clearly indicate the date of the â€Å"foreign holiday. To summarize, these specialist terms will bring the business more profit, so they would like to write this term in the format contract.On the other hand ,the benefit of consumers is badly hurt by these terms, which means that the consumers may pay much more money than they wills and waste the opportunity of using the Coupon indefinitely. III. The validity of two contractual terms in the contract Example1: â€Å"minimum consumption† The validity of the term: The specialist term â€Å"minimum consumption† is unreasonable. Consumers have the rights to choose where to consume or how much to consume.In this sense, the establishment of â€Å"minimum consumption† is illegal, it violates freedom choice of consumers and fair trading rights. Consumers have the right to choose who provides goods or services operators, to choose the types of products or services, to decide independently to buy or not buy any kind of goods, to accept or not accept any other service, but also the right to refuse compulsory transaction of the operators . Example2: † Final interpretation is owned by the business† The validity of the term: This specialist term belongs to a typical no-trade clause.This is to the understanding of a clause of the format of dispute, the businessman easily misleads c onsumers, puts forward the interpretation of the unfavorable to consumers. Task B Legal position: The seller of barrels: Mr. Jackson The consumer: Ms. Charman II. In accordance with Act12. Implied terms about title, etc. (1) In a contract of sale, other than one to which subsection (3) below applies, there is an implied condition on the part of the seller that in the case of a sale he has the right to sell the goods, and in the case of an agreement to sell he will have such a right at the time when the property is to pass. 2) In a contract of sale, other than one to which subsection (3) below applies, there is also an implied warranty that- (a) the goods are free, and will remain free until the time when the property is to pass, from any charge or encumbrance not disclosed or known to the buyer before the contract is made, and (b) the buyer will enjoy quiet possession of the goods except so far as it may be disturbed by the owner or other person entitled to the benefit of any charge or encumbrance so disclosed or known. 3) This subsection applies to a contract of sale in the case of which there appears from the contract or is to be inferred from its circumstances an intention that the seller should transfer only such title as he or a third person may have. (4) In a contract to which subsection (3) above applies there is an implied warranty that all charges or encumbrances known to the seller and not known to the buyer have been disclosed to the buyer before the contract is made. 5) In a contract to which subsection (3) above applies there is also an implied warranty that none of the following will disturb the buyer’s quiet possession of the goods, namely- (a) the seller (b) in a case where the parties to the contract intend that the seller should transfer only such title as a third person may have, that person (c) anyone claiming through or under the seller or that third person otherwise than under a charge or encumbrance disclosed or known to the buyer before the contract is made. (6) [Omitted].From the implied terms, we can see that Mr Jackson should take the major responsibility, because he did not make barrels from oak. The usage of other materials is a jerry-building behavior, a serious violation of liquorthe barrel of the principle of manufacture of oak. In accordance with Act 34. Buyer’s right of examining the goods (1) Where goods are delivered to the buyer, and he has not previously examined them, he is not deemed to have accepted them until he has had a reasonable opportunity of examining them for the purpose of ascertaining whether they are in conformity with the ontract. (2) Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound on request to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract. From the case, we can find that Ms. Charman did’ examine the barrels until the win e was fermented. So the consumer should carefully check the barrel before chunks. The consumer should take the legal responsibility, because he had not fulfilled the obligations of a buyer's inspection.In this scenario, Ms Charman told the seller to use oak to do the barrels of wine, because other materials such as wood will affect the taste of wine . But Mr. Jackson guaranteed that the components he used did’ have any questions, so the buyer also acquiesced in his method of making compensation proposed to require the seller, until the wine out of a problem, the buyer did not do what she should do. She also take some responsibility to the inspection of the obligations. III.Implied terms may override express terms in certain circumstances such as where they are implied by statues. Also, this law cares more consumer than the seller. So, Ms Charman can use SALE OF GOODS ACT 1979 [England] to protect her rights. In accordance with Act29. Rules about delivery (1) Whether it is for the buyer to take possession of the goods or for the seller to send them to the buyer is a question depending in each case on the contract, express or implied, between the parties. 2) Apart from any such contract, express or implied, the place of delivery is the seller’s place of business if he has one, and if not, his residence; except that, if the contract is for the sale of specific goods, which to the knowledge of the parties when the contract is made are in some other place, then that place is the place of delivery. (3) Where under the contract of sale the seller is bound to send the goods to the buyer, but no time for sending them is fixed, the seller is bound to send them within a reasonable time. 4) Where the goods at the time of sale are in the possession of a third person, there is no delivery by seller to buyer unless and until the third person acknowledges to the buyer that he holds the goods on his behalf; but nothing in this section affects the operation of the issue or transfer of any document of title to goods. (5) Demand or tender of delivery may be treated as ineffectual unless made at a reasonable hour; and what is a reasonable hour is a question of fact. 6) Unless otherwise agreed, the expenses of and incidental to putting the goods into a deliverable state must be borne by the seller. So the seller should deliver goods in time, the seller should take full responsibility. Mr. Jackson should take all responsibility on Ms charman, including the wine barrel of money and the loss of money. Ms. Charman compensation must be granted on the basis of the above three pieces of legislation, money should be compensation for the barrel, wine in the barrel, and the loss of part of the fee.

The Us President Is Effectively Unrestrained Essays

The Us President Is Effectively Unrestrained Essays The Us President Is Effectively Unrestrained Essay The Us President Is Effectively Unrestrained Essay â€Å"The US President is effectively unrestrained in the exercise of political power within the US system of government†. How far do you agree with this statement? (30 marks) The power of the President has evolved since the constitution was ratified in 1788. It can be said that the President enjoys a more exercised form of power as American politics has developed and adapted but they are not â€Å"effectively unrestrained† due to the many checks are balances that a President must regard when asserting their power. The constitution sets out formal powers of the President in article II. These include chief administrator, commander-in-chief, chief lawmaker and head of state. However, there has been a growth of informal powers that include chief legislator, party leader, world leader and chief diplomat. It is with these informal powers that President is able to have more freedom with exercising and asserting their power. Following this is Neustadt’s theory of â€Å"persuader in chief†. This can be expressed through the State of Union address. On the 25th January 2011, Barack Obama gave his state of the union address focusing on his views on the issues in America. Furthermore, Barack Obama gave a speech to Congress in September 2011 about his proposed American Jobs Act. This supports the â€Å"persuader in chief† theory because the speech was televised to the American nation and therefore Obama was not only trying to appeal to Congress but also the American public. This is significant in exercising power because if Obama can win over the public then Congress would be more likely to pass the act. Aaron Wildavsky came up with the â€Å"two presidencies† thesis that claimed there are two faces of the President; domestic and foreign. When it comes to foreign policy, it can be said that the President enjoys a large amount of exercised power which may not be restrained. This is because in times of crisis such as war or terrorist attacks, the President can â€Å"wrap himself in the flag† and have emergency power on these extraordinary occasions because the President will have the nation’s best interests at heart. Congress is too willing to allow the President to make decisions when it seems they may be unpopular because they are not willing to take blame. As Truman proclaimed â€Å"the buck stops here† implying that it is the President who is scrutinized by the public when policies become unpopular. This can be said for Lyndon Johnson who, despite congress passing the Golf on Tonkin resolution in 1964 which was essentially a blank cheque for the war in Vietnam, received thorough unpopularity having rhymes such as â€Å"hey, hey, LBJ how many kids have you killed today? † chanted at him. However, Congress was more than willing to provide Johnson with whatever was required to win the war. Furthermore, the same can be said for George W Bush and the War on Terror following the 9/11 attack. This plays with the idea that the President is a â€Å"world leader† and can be seen as the world’s police officer as they are the ones making critical decisions even when it comes to situations that can affect politics globally. The Supreme Court, which is supposed to be a faction to the checks and balances of the President, have also increased the President’s unrestrained power to an extent because they have failed to make decisions on critical areas like Vietnam and even the New Deal Industrial Recovery Act under Roosevelt. This is significant because if the Supreme Court isn’t participating in decision making then they are not effectively restraining the President because they are having no input towards the President’s actions. Furthermore, we have the increased use of veto. This can be interpreted in two ways. Some may say that the veto is detrimental to a President’s power because they shouldn’t have to use this act as a last resort because Congress should want to cooperate with the President and not force him/her to use a veto. However some may see a veto as an exacerbating power because they are willing to assert their authority. Early presidents only used the veto when they felt legislation was unconstitutional. Since Nixon, the practice of the veto has been widely expanded. In 1974, Gerald Ford used a veto to pass The Freedom of Information Act. From this we see an emergence of Schlesinger’s â€Å"imperial Presidency† thesis. Arthur Schlesinger recounts the rise of the presidency as it grew into the imperial, powerful position that it is today. His writing reflects a belief that the presidency is becoming too powerful and that very few people are making a real effort to stop it. He analyzes the back and forth struggle for power between Congress and the Presidency. However, there are formal checks and balances on the President that do try to restrain their exercised power, the first being the Constitution. The U. S. Constitution divides the powers of government into three branches: legislative, executive, and judicial. Generally speaking, the legislative branch, Congress, makes the nations laws. The executive branch enforces the laws through the president and various executive offices. The judicial branch, made up of the Supreme Court and lower federal courts, decides cases that arise under the laws. This division of government is called the separation of powers. The purpose of the separation of powers is to prevent tyranny, which is arbitrary (random) or unfair government action that can result when one person has all the power to make, enforce, and interpret the laws. In addition to the broad separation of powers into three branches, the Constitution keeps the legislative and executive branches separate with various specific provisions. Article I, Section 6, prevents members of Congress from serving as officers of the government in the executive branch. Article I, Section 5, says each chamber of Congress, namely the House of Representatives and the Senate, is the sole judge of who wins congressional elections and who is qualified to serve there. The same part of the Constitution gives the House and Senate sole authority to make their rules of operation. Furthermore, certain constitutional amendments have been made to ensure that the President does not exercise too much power. In 1951, the 22nd amendment was made to the constitution that declared that no President could serve longer than two terms. This is significant in controlling the President because if a were President were to be in power for a long amount of time then complacency might take affect and cause the President to take a more dictatorship form of government. Congress is the most consistent form of restraint on the President. In order for a bill to be passed, Congress must have a simple majority in both chambers. However, as the President is not a part of the legislature, unlike the UK counterpart the Prime Minister, the President must solely rely on persuading the votes in Congress. Whereas in the UK the Prime Minister enjoys a more relaxed approached to government with the fusion of powers concept because he/she is the leader of the majority party in Parliament. Furthermore, Congress also has the power to make a President a â€Å"lame duck†. After the 2006 midterm elections George W Bush was a lame duck and similarly with Barack Obama in 2010 when the Republicans won the majority of seats in the House of Representatives with 255 to 178. This meant that it would be harder for bills that he favoured to pass through Congress when his party did not hold the majority. Although we said that the â€Å"two presidencies† thesis may prove that power is unrestrained, it can also convey how power is restrained when it comes to domestic policy. This is because Congress is a collective body that is elected to represent the people and the chances of their re-election is dependant to the success of their domestic policies as the people they represent are more concerned with these matters. Therefore, Congress will be more critical of bills passed if they relate to domestic policy as they are looking after â€Å"the folks back home† which makes it incredibly hard for the President to pass through any legislation. Professor Filner said that â€Å"President and congress are like two halves of a bank note, each useless without the other†. This is significant because although Congress works to balance the President’s power, cooperation is a must in order to achieve good results. Lastly, we have the judiciary and its role of ensuring the President does not exert too much power. Judicial review is the power of the courts to review laws, treaties, policies or executive orders relevant to cases before the court and nullify (overturn) those that are found unconstitutional. Judicial Review is not an American invention, but a standard part of British common law that became part of the legal process in the United States. The first recorded use under the US Constitution was in 1792, when the circuit courts found an act of Congress related to military veterans unconstitutional. United States v. Nixon, 418 U. S. 1974), was a landmark United States Supreme Court decision. It was a unanimous 8-0 ruling involving President Richard Nixon and was important to the late stages of the Watergate scandal. It is considered a crucial precedent limiting the power of any U. S. president. Similar to this is the use of impeachment to reign in a President. This is when an investigation is taken out to delve into the actions of a President. Both Nixon and Clinton faced impeachment, Ni xon was issued a Presidential pardon and Clinton who was actually impeached was acquitted. Impeachment can be seen as a form of deterrence for any President because results could be imprisonment. To conclude, there are times when the President is restrained because that is how the Founding Fathers intended the President to be. However, American politics has evolved and there are circumstances to which a President is allowed to exercise an increased amount of power because part of his/her â€Å"head of state role† includes people turning to them for answers and decisions and therefore emergency powers need to be at hand in order for them to be able to do this. However, they are not effectively unrestrained because there are always collective bodies there monitoring the President’s decisions. Even if the policies are dealing with foreign affairs, the media are always around documenting and reporting back to the republic and their opinions can be seen as restraining to a President much like Lyndon Johnson and the Vietnam War.

The purpose of the experiment Essays

The purpose of the experiment Essays The purpose of the experiment Essay The purpose of the experiment Essay In this experiment is to oxidize ethanol and then to test the product to determine whether it has been oxidized to ethanol or oxidized to ethanoic acid. The request of the experiment During the experiment, you will need to record all your observations clearly in an appropriate format. Record these appropriately in the space below. You should also consider the hazards associated with the materials and techniques used within the experiment and record it. Introduction 2, 4-DNPH (2, 4 dinitrophenylhydrazine) à ¯Ã‚ ¿Ã‚ ½ a kind of indicator, colorless liquid. CH3CH2OH (ethanol) à ¯Ã‚ ¿Ã‚ ½it is a clear, colorless liquid with a characteristic, agreeable odor. (http://scifun.chem.wisc.edu/chemweek/ethanol/ethanol.html) Required Equation CH3CH2OH +[O] à ¯Ã‚ ¿Ã‚ ½ CH3CHO + H2O CH3CH2OH +2[O] à ¯Ã‚ ¿Ã‚ ½ CH3COOH + H2O Material 1. Solvent à ¯Ã‚ ¿Ã‚ ½The distilled water need about 15cmà ¯Ã‚ ¿Ã‚ ½(15ml). 2. Ethanol (CH3CH2OH) à ¯Ã‚ ¿Ã‚ ½It is used to influence the solution, which in the dropping funnel. 3. Concentrated sulphuric acid (H2SO4) à ¯Ã‚ ¿Ã‚ ½It could use to be dilute in the pear shaped flask with the distilled water. 4. Dichromate (Na2Cr2O7) à ¯Ã‚ ¿Ã‚ ½It could use to be diffluent in the pear shaped flask with the ethanol (H2SO4). Experimental equipment 1. Bunsen burnerà ¯Ã‚ ¿Ã‚ ½ for use to warm the solution in the pear shaped flask. 2. Dropping funnelà ¯Ã‚ ¿Ã‚ ½ pour the mixture that have into the dropping funnel in process1. 3. Pear shaped flask 4. Condenserà ¯Ã‚ ¿Ã‚ ½ cooling the produce make the gas distillate and collect in the small flask. 5. Linkerà ¯Ã‚ ¿Ã‚ ½ for linking the dropping funnel, pear shaped flask and condenser. 6. Stopper 7. à ¯Ã‚ ¿Ã‚ ½ its about 50ml (50cmà ¯Ã‚ ¿Ã‚ ½) for collect the produce of reflux. Experimental process 1. Make up a solution containing 5g of sodium dichromate in 5cmà ¯Ã‚ ¿Ã‚ ½of water, add 4cmà ¯Ã‚ ¿Ã‚ ½of ethanol and pour the mixture into the dropping funnel. 2. Warm the acid in the pear shaped flask until it is almost boiling and turn off the Bunsen burner. 3. Carefully remove the stopper and put the dropping funnel in position, as shown in the diagram. 4. Add the mixture containing the ethanol at such a rate as to maintain the boiling of the mixture in the pear shaped flask .Collect the distillate and write down all observations in the space below. 5. Carry out the following tests on the distillate and record your observations. And the picture is shows how to setting up the equipment for this experiment was in the top. Safety In this experiment there is some hazard of the chemicals used in the experiment. Hazard in this experiment: 1. Before start the experiment, ensure that all of the glass joints are greased. Keep the experiment is safety. 2. In the step1, make sure the order for put the material. Because used the water to dilute the concentrated sulphuric acid (H2SO4). It can set free a large number of calorific capacities. So in that time is dangerous if you not careful to be scalded. 3. When used the Bunsen burner warm the acid. Make sure dont touch the equipment. Because is hot in that time. Suggest and justify improvement to the hazard in this experiment: 1. Before the experiment. Ensure that all of the glass joints are greased. 2. Remember the order to put the material in to the pear shaped flask. 3. When used the Bunsen burner warm the acid. Keep not very near of it. Observations 1. Make up a solution containing 5g of sodium dichromate in 5cmà ¯Ã‚ ¿Ã‚ ½of water, add 4cmà ¯Ã‚ ¿Ã‚ ½of ethanol and pour the mixture into the dropping funnel. à ¯Ã‚ ¿Ã‚ ½the Na2Cr2O7 is orange ,so the solution in this procedure is orange. 2. Warm the acid in the pear shaped flask until it is almost boiling and turn off the Bunsen burner. à ¯Ã‚ ¿Ã‚ ½the is H2SO4 colourless, so when it has been dilute is also colourless. 3. Carefully remove the stopper and put the dropping funnel in position, as shown in the diagram. 4. Add the mixture containing the ethanol at such a rate as to maintain the boiling of the mixture in the pear shaped flask. Collect the distillate and write down all observations in the space below. à ¯Ã‚ ¿Ã‚ ½the liquid change the colour to the dark green in this step. And there is a kind of smell comes out, it seems like the pear. 5. Carry out the following tests on the distillate and record your observations. à ¯Ã‚ ¿Ã‚ ½the product which been collected is colourless liquid. Used the material, which have been collect in this reaction. 1. Test for the presence of a carbonyl group to find out whether ethanal had been formed. -Put 5 cmà ¯Ã‚ ¿Ã‚ ½ of 2-4,initrophenylhydrazine in a test tube and cautiously adds 5 drops of the distillate. à ¯Ã‚ ¿Ã‚ ½In the text tube the solution is change the colour from the colourless to the yellow and there is also has the yellow precipitate has been product in the same time. 2. Text for the presence of an acid group to find out whether ethanoic acid had been formed. -Put 2 drops of the distillate in a test tube and used the PH paper to test. à ¯Ã‚ ¿Ã‚ ½the PH paper is change the normal color yellow not very much ,because it is only change a bit dark of the colour ,is likely a kind of dark yellow. And then check the PH value is about 4 or 5. Conclusion Use the results to decide whether an aldehyde or a carboxylic acid has been formed during this experiment. à ¯Ã‚ ¿Ã‚ ½in this experiment the most has been formed is the aldehyde and also has a little carboxylic acid. References Ethanol Ethanol is a clear, colorless liquid with a characteristic, agreeable odor. In dilute aqueous solution, it has a somewhat sweet flavor, but in more concentrated solutions it has a burning taste. Ethanol, CH3CH2OH, is an alcohol, a group of chemical compounds whose molecules contain a hydroxyl group, -OH, bonded to a carbon atom. The word alcohol derives from Arabic al-kuhul, which denotes a fine powder of antimony produced by distilling antimony and used as an eye makeup. Alcohol originally referred to any fine powder, but medieval alchemists later applied the term to the refined products of distillation, and this led to the current usage. Ethanol melts at -114.1à ¯Ã‚ ¿Ã‚ ½C, boils at 78.5à ¯Ã‚ ¿Ã‚ ½C, and has a density of 0.789 g/ml at 20à ¯Ã‚ ¿Ã‚ ½C. Its low freezing point has made it useful as the fluid in thermometers for temperatures below -40à ¯Ã‚ ¿Ã‚ ½C, the freezing point of mercury, and for other low-temperature purposes, such as for antifreeze in automobile radiators

How to Tell Your Parents You Want to Transfer Colleges

How to Tell Your Parents You Want to Transfer Colleges Chances are, you and your parents spent a lot of time looking at, preparing for, applying to, and finally deciding on which college you wanted to attend. Which means, of course, that if you decide you  really  dont like where you are and you want to transfer to another institution, bringing the topic up to your folks presents quite a few challenges. So just where should you begin? Be Honest Its okay to admit that you dont like where you are; approximately 1 in 3 college students ends up transferring at some point, which means that your desire to head somewhere else certainly isnt unusual (or even unexpected). And even if you feel like youre letting your parents down or are otherwise creating problems, being honest about how your current experience is going is still really important. Its much easier to transfer before things become overwhelming, after all, and your parents need you to be honest if theyre going to be able to fully help and support you. Talk About What You Dont Like at Your Institution Is it the students? The classes? The professors? The overall culture? Talking through whats causing your stress and unhappiness can not just help you find a solution, it can help transform what feels like an overwhelming issue into smaller, conquerable problems. Additionally, if youre looking to transfer, youll be better able to identify what you  dont  want at your next college or university. Talk About What You Do Like Its unlikely that you dislike every single thing at your current school. It can be hard but also helpful to think about the things you really do like. What attracted you to your institution in the first place? What appealed to you? What do you still like? What did you learn to like? What would you like to see at any new place you transfer to? What do you find appealing about your classes, your campus, your living arrangement? Focus on the Fact that You Want to Continue Calling your parents to say you want to leave your school can be heard two ways: you want to transfer colleges or you want to drop out of college altogether. And for most parents, the former is a lot easier to handle than the latter. Focus on your desire to stay in school and to continue your education just at another college or university. That way, your parents can focus on making sure you find someplace with a better fit instead of worrying that youre throwing your future away. Be Specific Try to be very detailed about why you dont like where you are. While I just dont like it here and I want to come home/go somewhere else might adequately convey how youre feeling, broad statements like these make it difficult for your parents to know how to support you. Talk about what you like, what you dont like, when youd like to transfer, where (if you know) youd like to transfer, what you want to study, what your goals still are for your college education and career. That way, your parents can help you focus on the things that are most important in ways that are specific and actionable. Talk Through the Specifics If you really do want to transfer (and end up doing so), there are a lot of logistics to work out. Before you fully commit to leaving your current institution, make sure youre fully aware of how the process will work. Will your credits transfer? Will you have to pay back any scholarships? When will you have to start paying back your loans? What financial obligations do you have in your living environment? Will you lose any efforts youve made in the current semester and, consequently, would it be wiser to just stay a little while longer and finish up your current course load? Even if you want to transfer as soon as possible, you likely dont want to spend longer than needed cleaning up what you left behind. Make a plan of action, knowing deadlines for all of your to-dos, and then talk with your parents about how they can best support you during the transition.

Preliminary Questions for the Research Paper Example | Topics and Well Written Essays - 1500 words

Preliminary Questions for the - Research Paper Example In addition, it has led to reliability because people from any part of the world are able to access the information passed. Seeing as this mode of communication has only come into existence in the last approximately two decades, there has been a lot of controversy surrounding it. As with any new introduction, it has garnered both support and opposition. Those that support it cite the immense benefits and the heavy impact that it has drawn upon communication since its onset. Those that do not support it assert that the establishment of its relevance is quite hard and that it is merely a passing phase. This paper‘s focal point is to illustrate that mobile communication has had an observable and immense impact on the field of communication. The paper’s main subject is to indicate that whether negatively or positively, mobile communication has changed the face and direction of advertising on a long-term basis. One of the most popular means of mobile communication is the use of the social media platform. According to e-marketer, an online statistical site, the number of people subscribed to social media networks in the world totaled down to 1.73 billion as of 2013. This means that social media act as a means of mobile communication as it reaches about 26% of the world population. This is exclusive of other mobile communication means such as mobile texting. This illustrates that mobile communication is one of the only means of advertisement that in actuality affects over a quarter and nearly half of the world’s population. In the same site, they estimated that by 2015, 2.55 billion people would have to social media accounts. Statistically, this indicates that the growth rate for social media subscription stands at 18% annually. This statistic lays out just how relevant mobile communication is on the human populace. Eric Clemmons, an Information professor at the University of Pennsylvania, states that advertising

Forest Labs Case Essay Example | Topics and Well Written Essays - 750 words

Forest Labs Case - Essay Example The new profits earned through the sales of Celexa were used by Solomon for the expansion of the company; he licensed several other drugs from pharmaceutical companies of Europe. However, Solomon has been accused of excessive marketing and the expansion of Forest is deemed as dangerous for other companies. Also, the profits made by Forest Labs over such a short span of time are unreasonable high. The previous year Solomon earned $8.3 million as the CEO of the company. However, it was found out that the Marketing Department had been marketing the earlier named antidepressants to adolescents and children, and that too illegally, although these drugs are not suitable for them. Hence, the Obama Administration decided to oust Howard Solomon from doing further business. Solomon agreed to pay a fine of $313 million for resolving the issue (Hooper and Henderson). In my opinion, the decision taken by the Government was ethical. This is because several pharmaceutical companies have been allege d of conducting business unethically in the past, but none of the charges or penalties levied against them seemed to have a deterrent effect on their business. Ousting a companies' CEO for conducting such activities should definitely bring out the desired effect as he would make efforts to correct the mal-practices prevalent in his company. There is always a counter argument which states that only ousting a CEO would not prevent the company from putting an end to its illegitimate practices; one should rather take a serious action against the entire marketing department which can directly be blamed for the offense. But, being the CEO of the company, the Government has full rights to hold Howard Solomon accountable for all the mal-practices going on within his company. The company shall also be fined a very heavy sum which is equivalent to the amount of sales made during the period of illegal marketing. But, I believe, the Government is justified in taking the step it took as it would serve as a starting ground and other CEOs whose companies are also indulged into such activities would learn lessons from it and would take action to stop any objectionable activities within them. By taking this decision, the Government is trying to send a message to the entire industry which, hopefully, would be heard by them. Also, there is a certain provision in the Federal Law that legitimizes the exclusion of an individual who has not been alleged of a crime. Hence, this action of the Government is in coherence with the American Law and thus, the Government cannot be questioned. By concealing negative case study about Celexa and by pushing sales representatives to pay illegal kickbacks to pediatricians, the senior executives of Forest Labs indeed proved to be highly culpable (Singer). Antidepressants can be highly lethal for adolescents and children. It is a belief that this is a cause of suicidal behavior in children and mental illnesses. This fact has been verified by the Fo od and Drug Administration (FDA). Among the various side effects that children experience due to such medications the common ones are feelings of sedation and weight gain, whilst some children may feel more energized with the intake of antidepressants. In short, antidepressants cause psychotic problems in children which are very harmful. Hence, I believe that

Marketing - Real-World Write-ups Article Example | Topics and Well Written Essays - 250 words

Marketing - Real-World Write-ups - Article Example 8). One of the crucial factors that should be considered in the development process is PRODUCT RESEARCH. Mansfield (2011) advised â€Å"does careful product research so you know exactly what your customers want† (par. 10). Other subsequent phases in the development process entails development of a customer list and implementing policies of regular customer contact, of which â€Å"E-MAIL MARKETING is one of the most devastatingly effective methods of keeping existing customers â€Å"in the loop† and warm for your future marketing efforts† (par. 15). The article discussed SURVEYS as effective methods to solicit customer information regarding the new product the organization envision launching. The experience of American Idol in launching singers and marketing them, soliciting feedback through diverse media have proven to be a successful marketing effort that generated millions of viewers all over the world. Definition of Terms E-MAIL MARKETING utilizes the World Wi de Web through the internet to market products and services. PRODUCT DEVELOPMENT is the â€Å"creation of products with new or different characteristics that offer new or additional benefits to the customer† (Business Dictionary, 2011, par.