The essence of Made in Canada Case Study Example | Topics and Well Written Essays - 2750 words

The substance of Made in Canada - Case Study Example From these reasons, unmistakably quality assumes a tremendous job in making individuals purchase Canadian made items, including purchasing Paderno’s items. â€Å"Made in Canada† More than any time in recent memory, the social awareness of shoppers is pushing associations to advance methodologies focused on corporate social duty (Henein and Morissette 49). On account of Paderno, this should push them to grandstand their items as having neighborhood qualities. Regardless of whether their items are not made locally, for example, the less expensive items they import, they can dazzle the shoppers by laying accentuation on the nearby highlights that their worth chain has, for example, item get together and configuration, just as advancement and research. Organizations ought to likewise feature their effect on the neighborhood economy in an innovative way, for example, concerning making of employments, effect of item buy on the nearby economy, or the nearby accomplices that th ey include in different procedures (Henein and Morissette 49). Shoppers in Canada, just as other created nations, are progressively looking for items that are made in Canada. These reasons are a direct result of different buyer patterns. One of these patterns has to do with the purchase nearby development with most buyers currently shopping nearer to home (Henein and Morissette 50). They are additionally searching for merchandise that are privately made in light of the fact that they know that purchasing products made in the nation are a superior decision both naturally and morally. Rising mindfulness on wellbeing may likewise affect Paderno’s Made in Canada brand as a populace that is slowly maturing turns out to be progressively mindful of their cookware decisions and how they are ergonomically structured. Most Canadians presently consider the effect that items will have on their wellbeing, particularly food and, all the more as of late, cookware, and are all the more ready to follow through on greater expenses for items they trust, which are for the most part Canadian made items. Canadian shoppers are likewise progressively parsimonious with their cash as earnings deteriorate, which implies that they are increasingly mindful about spending. As more Canadians live on fixed earnings, they will start to go to the best an incentive for their cash, which is Canadian made. Shoppers are additionally indicating an expanded want for merchandise that are redone, which implies they are looking for what precisely they need. This, much of the time, is Canadian made. At last, the web culture has seen numerous Canadian buyers doing their shopping on the web, which, combined with web journals that are progressively looking at purchasing Canadian made items, has made it basic for organizations to demand the â€Å"made in Canada† brand (Henein and Morissette 50). The web factor is particularly significant in propagating the Made in Canada brand since a great ma ny people will initially go to the web while inquiring about on a specific item (Henein and Morissette 51). At any rate 70% of buyers in Canada have revealed that web audits of items, especially those made in Canada,

Management for a Small Planet Essay Example | Topics and Well Written Essays - 2000 words - 1

The board for a Small Planet - Essay Example Regular Humanitarian Fund was offering compassionate types of assistance to Congolese influenced by the war in the year 2013 (Cengage, 2014). A curious parasite found in the water obliterated the corneas of eleven individuals, who thus went daze. A hierarchical office, Doctors Without Borders, has elected to send four specialists to help during the time spent transplanting corneas (Cengage, 2014). The corneas are rare in Africa. As of late, the executive of Doctors Without Borders considered the Common Humanitarian Fund and educated that the UK Aid organization is eager to trade fifteen corneas for a truck and ten instances of clinical supplies. The executives of the Common Humanitarian Fund is worried about the beginning of the corneas; valid sources uncover that a rich Hong Kong tradesman got them from a desperation who purchases body parts for transplant from executed detainees. As indicated by the chief of Doctors Without Borders, there is no issue utilizing the corneas. Nonethel ess, the executive of the Common Humanitarian Fund isn't happy with the wellspring of the corneas (Cengage, 2014). Basic Humanitarian Fund has a couple of days to choose whether they are eager to acknowledge the corneas or, more than likely Doctors Without Borders advances them to another person. Utilitarianism speculations expect choices to do the best useful for the best number of individuals. The hypothesis of utilitarianism is established on the reason that ethical choices think about the outcomes of the decisions (Crane and Matten, 2010). It is basic for leaders to consider the potential consequences of their decisions when deciding fitting blueprints. As per Jeremy Bethany and John Stuart Mill, the best choices do the best useful for the general population. Accordingly, the hypothesis of utilitarianism requires chiefs to choose elective blueprints that ensure the best satisfaction for the best number of individuals.

The value of Green Supply Chains - Free Essay Example

Organizations worldwide are continuously trying to develop new and innovative ways to enhance their competitiveness. Bacallan (2000) suggests that some of these organizations are enhancing their competitiveness through improvements in their environmental performance to comply with mounting environmental regulations, to address the environmental concerns of their customers, and to mitigate the environmental impact of their production and service activities. Green supply chain management as a form of environmental improvement is an operational initiative that many organizations are adopting to address such environmental issues. Currently, the à ¢Ã¢â€š ¬Ã…“green conceptà ¢Ã¢â€š ¬? is a critical issue for companies, but when the majority of businesses are cost focused, the idea of implementing and moving toward green practices is often seen as a costly strategy. Bowen et al. (2001) state that organizations will adopt green supply chain management practices if they identify that this will result in specià ¯Ã‚ ¬?c à ¯Ã‚ ¬?nancial and operational beneà ¯Ã‚ ¬?ts. According to Routroy (2009), Greening the manufacturing supply chain may result in one or more benefits, in terms of cost reduction, operational efficiency improvement, flexibility improvement, sales enhancement, customer value enhancement, and societal image improvement. Green supply chain management is also to enhance firmsà ¢Ã¢â€š ¬Ã¢â€ž ¢ environmental performance through inter-organizational collaboration with business partners and increase efficiency by cost saving programs and proactive risk management practices (Hervani et al., 2005; Rao and Holt, 2005; Zhu and Sarkis, 2007). We will review the literature about Green Supply Chain Management (GSCM) concept and then we will see how it is translated within the supply chains. Then, the common purpose of this research will be to identify the link between GSCM and overall firm performance. We decided, based on the literature and on a specific framework (Rao Holt, 2005) applied in Asia, to tackle the concept of green supply chain management in Western Europe by including environmental initiatives in: (1) Inbound logistics; (2) Production or the internal supply chain; (3) Outbound logistics, including reverse logistics. Nowadays, how organisations are implementing GSCM and what are the impacts on their business? At the end of this research we will identify the best practices, and the way they are they measured. Moreover, we will see in what extent an effective Green Supply Chain Management could be a driver for innovation and business performance in manufacturing firms? Finally, we will see if Green Supply Chain Management lead to profitability and competitiveness. Our study will consider manufacturing companies in Western Europe. II Literature review Definition Green supply chain management Several studies have considered the concept of ecological sustainability as a framework for studying management practices in both operational and strategic contexts (Sarkis and Rasheed, 1995; Klassen and McLaughlin, 1996; King and Lenox, 2001). As part of this effort, other studies have examined the greening of supply chains within various contexts including in product design (Allenby, 1993; Gupta, 1995), process design (Porter and Van der Linde, 1995a; Klassen and McLaughlin, 1996), manufacturing practices (Winsemius and Guntram, 1992), purchasing (Handfield et al., 2002) and a broad mixture of these elements (Bowen et al., 2001a). It is not surprising that GSCM finds its definition in supply chain management. Adding the à ¢Ã¢â€š ¬Ã…“greenà ¢Ã¢â€š ¬? component to supply chain management involves addressing the influence and relationships of supply chain management to the natural environment. Motivated by an environmentally-conscious mindset, it can also stem from a competitiveness motive within organizations. In this paper GSCM is defined as: Green Supply Chain Management GSCM = Green Purchasing + Green Manufacturing/Materials Management + Green Distribution=Marketing + Reverse Logistics Figure 1 shows this GSCM equation graphically, where reverse logistics à ¢Ã¢â€š ¬Ã…“closes the loopà ¢Ã¢â€š ¬? of a typical forward supply chain and includes reuse, remanufacturing, and/or recycling of materials into new materials or other products with value in the marketplace. The idea is to eliminate or minimize waste (energy, emissions, chemical/hazardous, solid wastes). This figure is representative of a single organizationà ¢Ã¢â€š ¬Ã¢â€ž ¢s internal supply chain, its major operational elements and the linkage to external organizations. A number of environmentally conscious practices are evident throughout the supply chain ranging from green design (marketing and engineering), green procurement practices (e.g. certifying suppliers, purchasing environmentally sound materials/products), total quality environmental management (internal performance measurement, pollution prevention), environmentally friendly packaging and transportation, to the various product end-of-life practices defined by the à ¢Ã¢â€š ¬Ã…“Reà ¢Ã¢â€š ¬Ã¢â€ž ¢sà ¢Ã¢â€š ¬? of reduction, reuse, remanufacturing, recycling. Expanding this figure, a number of organizational relationships could be found at various stages of thismodel, including customers and their chains, as well as suppliers and their chains, forming webs of relationships. Figure 1. GSCM graph The development of industrial ecosystems would be greatly supported by GSCM practices. Korhonen and Niutanen (2003) in their study of material and energy flows in the local forest industry in Finland suggested these flows were comparable to other economic and industrial systems. In the last two decades, the product-based systems perspective and the geographically defined local-regional industrial ecosystem have Porter (1991) argues the pressure to innovate from an environmental perspective comes from regulatory pressure, as firms respond in creative and dynamic ways to environmental regulation by introducing innovations improving environmental outcomes. Other studies concluded environmental innovation is the result of market pressures causing firms to become more efficient. Porter and Van der Linde (1995a, b) concluded firms respond to competitive conditions and regulatory pressure by developing strategies to maximize resource productivity, enabling them to simultaneously improve their industrial and environmental performance. Furthering this issue, Greffen and Rothenberg (2000) suggest suppliers can be an important source of enhanced competency for radical environmental innovation, which, in relation to an integrated technological system, demands capabilities beyond those likely to exist within a single company. The added competency brought by the supply chain partners is important. Other external pressures do exist and include environmental compliance, liability, issues of business continuity, the call for benchmarking to national, international, or industry standards, customer attitudes toward product take-back, and even pressures from inter-organizational information technology/data management systems. The innovation of GSCM/Performance Measurement is necessary for a number of reasons in response to external pressures. For example, business performance measurement, for purposes of external reporting, is fundamentally driven by the creation, maximization and defence of economic rents or surplus. These surpluses or rents in business come from distinctive capabilities such as brands and reputation, strategic assets, innovations, and the distinctive structure of relationships firms enjoy both internally with their employees and/or externally with their customers and suppliers. External reporting is also necessary to maintain organizational legitimacy with respect to environmental issues (Harvey and Schaefer, 2001). Sustainability. One of the major definitions of sustainability and certainly most well known is that of the Brundtland Commission (World Commission on Environment and Development, 1987, p.8): à ¢Ã¢â€š ¬Ã…“development that meets the needs of the present without compromising the ability of future generations to meet their needs.à ¢Ã¢â€š ¬? This short definition includes the interest of understanding the environmental impact of economic activity in both developing and industrialized economies (Erlich and Erlich, 1991); ensuring worldwide food safety (Lal et al., 2002); ensuring that vital human needs are met (Savitz and Weber, 2006); and assuring the protection of non-renewable resources (Whiteman and Cooper, 2000). Unfortunately, the societal aspect of sustainability is complicated for firms to apply and provides little explanation regarding how organizations might recognize future versus present needs, determine the technologies and resources necessary to meet those needs, and understand how to balance organizational responsibilities to numerous stakeholders such as shareholders, employees, society and the natural environment (Hart, 1995; Starik and Rands, 1995). Sustainability has been also investigated in the fields of management, operations, and engineering. Within the management literature, most of the current conceptualizations of organizational sustainability have focused on ecological sustainability (the natural environment), with little recognition of social and economic responsibilities (Jennings and Zandbergen, 1995; Shrivastava, 1995a; Starik and Rands, 1995). Sustainable refers to the triple bottom line, for economic, social and environmental. An approach to competitive advantage. A particular organization has competitive advantage when it achieves a higher return on investment than its competitors, or it is able to do so (Grant, 1996). Therefore, in order to have competitive advantage organizations must have the ability to obtain higher profit margins than other companies in the industry. Organizations with competitive advantage, however, might show not the highest profit rate. For example, competitive organizations might prefer, for one or another reason, to sell their products and services at a lower price than the maximum price it could mark. Two major types of competitive advantage can be enjoyed by organizations (Porter, 1985): cost advantage, which is the result of supplying similar products and/or services to low prices; and differentiation advantage, which comes from offering differentiated products and/or services to customers, who, in turn, are ready to pay an additional price which overcomes the additional differentiation costs. While the cost advantage position implies to have the lowest costs in the industry, differentiation advantage refers to offering something unique which is valued by customers. Competitive advantage can derive from one or more factors or sources. Firstly, literature on strategic management suggests the following major sources of cost advantage (e.g., Porter, 1985; Grant, 1996): scale economies, learning economies, production capacity management, product design, cost of inputs, process technology, and management efficiency. Secondly, sources of differentiation advantage include tangible and intangible aspects which are significantly valued by potential customers as to be ready to pay an additional price for them (e.g., Porter, 1985; Grant, 1996); tangible aspects refer to observable characteristics of the products and services, their performance, and complementary products and services; intangible aspects, in turn, include social, emotional, psychological and aesthetic considerations which are present in any choice of products and services. Recently, a major theoretical framework has been developed in strategic management literature which seems to be particularly appropriate for identifying the characteristics that a particular resource or capability must show in order to be a major source of competitive advantage. This theoretical framework is the resource based view of the firm theory. Performance Corporate performance measurement and its field application continues to grow. The diversity and level of performance measures are linked to the goal of the company or the individual strategic business unità ¢Ã¢â€š ¬Ã¢â€ž ¢s features. For instance, when measuring performance, organizations have to think about existing financial measures such as return on investment, profitability, market share and revenue growth at a competitive and strategic level. Other measures are more operationally focused, but may inevitably be linked to strategic level measures and issues. This is the case of customer service and inventory performance (supply, turnover). GSCM implementation Where to begin? Viable environmental sustainability programs require meaningful action across a broad range of processes. Some of the most impactful areas include: Production planning: The most valuable members of a supply chain are able to provide accurate forecasts and deliver reliably so as to help reduce over purchasing, over-production and waste Manufacturing: The adoption of techniques such as lean process improvement should result in less over processing as well as reduced energy intensive storage and waste Distribution: Network redesign. Smart routing, backhauling, fill optimization and mode switching à ¢Ã¢â€š ¬Ã¢â‚¬  all are likely to result in fewer freight miles Green design: The electronics and related high-tech industries practice collaboration as a means of optimizing the green aspects of their components and end-products; proactive and/or influential members of a supply chain can promote/pursue similar collaboration/ innovation Packaging: The greenest firms seek to minimize the environmental impact of packaging, not only by using less, but also by evaluating the energy, waste, recovery and other life cycle impacts of their packaging choices Recycled content: Companies score green points by maximizing their use. of these materials as well as by using materials in products that are in turn easily recyclable Warehousing: Challenge existing assumptions in light of higher energy costs and the need to reduce carbon footprints Green energy: More green points are available by using green or renewable energy sources à ¢Ã¢â€š ¬Ã¢â‚¬  although this can be difficult in regulated energy markets (and a factor in future location decisions) IT: Videoconferencing and remote servicing can reduce business travel; Energy Star rated PCs along with optimized power consumption settings can significantly pare energy costs Server farms: Energy efficient servers arrayed according to state-of-the-art cooling practices can generate enormous energy savings Ridesharing/telecommuting: A growing number of companies are working with municipalities to better optimize public transportation to their facilities. More companies are also enabling more workdays at home as well as providing incentives for carpooling Estates: Investments in building air tightness, insulation and energy efficient heating, cooling, lighting, plant and equipment can significantly reduce carbon footprints Green procurement: It is possible to reduce your carbon footprint by paying more attention to your own procurement. Supplier carbon footprint, ISO certifications, procurement distance have to be part of the selection criterias. Conceptual framework Greening the inbound function It is argued that greening the supply chain has numerous benefits to an organization, ranging from cost reduction, to integrating suppliers in a participative decision-making process that promotes environmental innovation (Bowen et al., 2001; Hall, 1993; Rao, 2002). Critical parts of the inbound function are the purchasing and supply field. Green purchasing strategies are adopted by organizations in response to the increasing global concerns of environmental sustainability. The Green purchasing should be able address reduction of waste produced, material substitution through environmental sourcing of raw materials, and waste minimization of hazardous materials. (Rao Holt, 2005) The involvement and support of suppliersà ¢Ã¢â€š ¬Ã¢â€ž ¢ is crucial to achieving such goals. (Vachon and Klassen, 2006). Furthermore, organizations are managing more and more their suppliersà ¢Ã¢â€š ¬Ã¢â€ž ¢ environmental performance to ensure that the materials and equipments supplied by them are environmentally-friendly in nature and are produced using environmentally-friendly processes. Min and Galle (1997) explore à ¢Ã¢â€š ¬Ã…“green purchasingà ¢Ã¢â€š ¬? to determine the key factors affecting a buying firmà ¢Ã¢â€š ¬Ã¢â€ž ¢s choice of suppliers, the key barriers and the obstacles to green purchasing initiatives. They also investigated the impact of green purchasing on a corporationà ¢Ã¢â€š ¬Ã¢â€ž ¢s environmental goals. Below listed subjects to get information on the green inbound phase of a supply chain: (1) Guiding suppliers to set up their own environmental programs; (2) bringing together suppliers in the same industry to share their know-how and problems; (3) informing suppliers about the benefits of cleaner production and technologies; (4) urging/pressuring suppliers to take environmental actions; and (5) choice of suppliers by environmental criteria. Greening the production phase or the internal supply chain In this phase, there are a number of concepts that can be explored, such as cleaner production, design for environment, remanufacturing and lean production. Hong, He-Boong, Jungbae Roh, (2009) highlight through their research that strategic green management needs the combination of integrated product development (IPD) and supply chain coordination (SCC) for desired business outcomes. Thanks to a survey on 580 manufacturing plants in the US, adopting cleaner production techniques, Florida and Davison (2001) showed that green corporations are innovative in their environmental practices, and these strategies emerge from a real commitment towards reducing waste and pollution. Lean production/manufacturing is also an important consideration in reducing the environmental impact of the production phase. In their research King and Lenox (2001), concludes that lean production is complementary to improvements in environmental performance and it often lowers the marginal cost of pollution reduction thus enhancing competitiveness. In addition, Rothenberg et al. (2001) identify that lean plants aim to minimize waste and buffers, leading not only to reduce buffers in environmental technology and management, but also in an overall approach to manufacturing that minimizes waste products. (1) Environment-friendly raw materials; (2) substitution of environmentally questionable materials; (3) taking environmental criteria into consideration; (4) environmental design considerations; (5) optimization of process to reduce solid waste and emissions; (6) use of cleaner technology processes to make savings in energy, water, and waste; (7) internal recycling of materials within the production phase; and (8) incorporating environmental total quality management principles such as worker empowerment. Greening the outbound function On the outbound side of the green supply chain, green logistics comprises all links from the manufacturer to the end users and includes products, processes, packaging, transport, and disposal (Skjoett-Larsen, 2000). Rao, (2003) and Sarkis, (1999) argue on the fact that green marketing, environment-friendly packaging, and environment-friendly distribution, are all initiatives that might improve the environmental performance of an organization and its supply chain. Reverse logistics and waste exchange and ore generally management of wastes in the outbound function can lead to cost savings and enhanced competitiveness (Rao, 2003). In order to address these environmental impacts of packaging, many countries now have programs and legislation that aims to minimize the amount of packaging that enters the waste stream, such as the Packaging Directive in the EU. The distribution, for the whole supply chain is a huge stake for green management. In fact the distribution results of a trade-off between efficiency and effectiveness firm strategy. For this reason is difficult to handle As part of outbound logistics, green marketing has an important part to play in the link between environmental innovation and competitive advantage (Menon and Menon, 1997). Encouraging suppliers to take back packaging is a form of reverse logistics that can be an important consideration in greening the outbound function, with a study by Dorn (1996) identifying an increase in market share amongst companies that implemented an environmentally-friendly packaging scheme. The product design step is more and more integrated within green supply chain issues because 80% of the environmental burden and cost of a product is fixed during this phase (Carbone, Moatti, 2008). Strategic variables to take in account for an empirical study; (1) Environment-friendly waste management; (2) environmental improvement of packaging; (3) taking back packaging; (4) eco-labeling; (5) recovery of companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s end-of-life products; (6) providing consumers with information on environmental friendly products and/or production methods; and (7) use of environmentally-friendly transportation. Competitiveness Economic performance Bacallan (2000) suggests that organizations are enhancing their competitiveness through improvements in their environmental performance to comply with mounting environmental regulations, to address the environmental concerns of their customers (à ¢Ã¢â€š ¬Ã‚ ¦). However, an interesting point to notice is that, as long as the market does not seek environmental value-drivers in the products and services it purchases, environmental issues are not necessarily considered by organizations and consumers. (Rao Holt, 2005) Fortunately, over the last few years there has been a growth in environmental awareness of consumers in general. Clearly a growing number of corporations are developing company-wide environmental programs and à ¢Ã¢â€š ¬Ã…“greenà ¢Ã¢â€š ¬? products sourced from markets around the world. Therefore, environmental issues are becoming a source of competitiveness. All these efforts aim to improve environmental performance, enhance corporate image, reduce costs, reduce risks of non-compliance and improve marketing advantage. Nevertheless, some organizations are still looking upon green initiatives as involving trade-offs between environmental performance and economic performance. The financial performance of firms is affected by environmental performance in a variety of ways. When waste, both hazardous and non-hazardous, is minimized as part of environmental management, it results in better utilization of natural resources, improved efficiency, higher productivity and reduces operating costs (Rao Holt, 2005). Nowadays and in the future, a good à ¢Ã¢â€š ¬Ã…“green playerà ¢Ã¢â€š ¬? could expect to increase its brand image and its market share and then improve its profitability against company without enough green concern while saving costs by innovative processes. To investigate the link between green supply chain management and economic performance we could refers to those key aspects: (1) New market opportunities; (2) product price increase; (3) profit margin;(4) sales; and (5) market share. And competitiveness: (1) Improved efficiency; (2) quality improvement; (3) productivity improvement; and (4) cost savings. Methodology To validate our research, an empirical, survey-based research approach will be taken. Based on the empirical studies through the literature, and a meaningful framework used in the relevant research of Rao Holt in 2005 applied on Asian companies. We choose to follow a common technique to validate the framework presented in the preceding section, a linear SEM (Stochastic Expectation Maximization) approach is used (JÃÆ' ¶reskog and SÃÆ' ¶rbom, 1993) to validate the causal relationships between the different latent constructs of: greening the inbound function; greening production; greening the outbound function; competitiveness and; economic performance. The questionnaire will be distributed to the supply chain managers and/or environmental management representative (EMR) or the chief executive of manufacturing organizations in Western Europe. In order to have both MNCs and SMEs ( 500 employees) results, we will send the same number of questionnaire for each type. The respondents will be selected randomly in France, UK, Spain, Sweden, Germany, Italy, Poland, Holland, and Switzerland. The questionnaire will be web-administered with e-mail and phone calls to ensure of the good understanding and response of the respondents. Here too, the signià ¯Ã‚ ¬?cance of the overall models will be determined by the chi-square value. The individual linkages between any two variables tested using the critical ratio, which is an observation on a random variable that has an approximate standard normal distribution. The conventional t-test is exact under the assumptions of normality and independence of observations, no matter what the sample size. All the same, the critical ratio is interpreted as: if there were a signià ¯Ã‚ ¬?cant link between, say, greening the inbound function and economic performance, it would imply that the former latent construct directly inà ¯Ã‚ ¬Ã¢â‚¬Å¡uences the latter, exactly as it was done in our reference research by Rao and Hold (2005). Responses will be collected on a four-point and five-point Likert scale, and open-ended questions. The four-point scale served to force the respondents to check either on the negative side or on the positive side. The choice not to focus only on the à ¢Ã¢â€š ¬Ã…“leading edgeà ¢Ã¢â€š ¬? ISO14001 accredited organizations (running environmental management) allow us to broader our research and then make a comparison between those without formal environmental management accreditation, and best players accredited. In terms of financial performance, this strategy will be interesting for identifying benefits and again do comparisons. Expected results. As this type of research was already done in South-Est Asia, our results will allow us to compare our findings and trend with those in South-Est Asia. We expect a response of 10%, therefore we will send to a consequent sample to get sufficient and tangible return. We will probably be able to confirm that greening the supply chain also has potential to lead to competitiveness and economic performance. As the current environmental concern in Europe is high, including governmental and customers pressures these research à ¯Ã‚ ¬?ndings would probably show that firms that are greening their supply chains not only achieve substantial cost savings, but also enhance either sales, market share or exploit new market opportunities. The cost aspect will be important to assess as it is directly connected to the overall performance. The main limitation of this research will be probably the small sample of organizations, but the lack of empirical research in Europe will be also one of the main strengths of this paper. Therefore, the à ¯Ã‚ ¬?ndings cannot be generalized to all organizations in this region or around the world. Finally, future research should empirically test the relationships suggested in this paper in different countries, to enable comparative studies. For further research, a larger sample will allow detailed cross-sectoral comparisons and establish international patterns regarding benefits from GSCM. Performance Measurement for Green Supply chain management: Context In supply chains with multiple actors, (vendors manufacturers, distributors and retailers) whether regionally or globally dispersed, it is difficult to attribute performance results to one particular entity within the chain, by the way performance measurement is really challenging. There are difficulties in measuring performance within organizations and even more difficulties arise in inter-organizational environmental performance measurement. The reasons for lack of systems to measure performance across organizations are multidimensional, including non-standardized data, poor technological integration, geographical and cultural differences, differences in organizational policy, lack of agreed upon metrics, or poor understanding of the need for inter-organizational performance measurement. (Hervani, A. Helms, M. Sarkis, J., 2005) Performance measurement in supply chains is difficult for additional reasons, especially when looking at numerous tiers within a supply chain, and green supply chain management performance measurement, or GSCM/PM, is virtually non-existent. With these barriers and difficulties in mind, GSCM/PM is needed for a number of reasons (including regulatory, marketing and competitiveness reasons). Overcoming these barriers is not a trivial issue, but the long-term sustainability (environmental and otherwise) and competitiveness of organizations may rely on successful adoption of GSCM/PM. The basic purposes of GSCM/PM are: external reporting (economic rent), internal control (managing the business better) and internal analysis (understanding the business better and continuous improvement). These are the fundamental issues that drive the development of frameworks for business performance measurement. It is important to consider both purpose, as well as the interrelationships of these various measurements. Supply chain management Supply chain management is the coordination and management of a complex network of activities involved in delivering a finished product to the end-user or customer. It is a vital business function and the process includes sourcing raw materials and parts, manufacturing and assembling products, storage, order entry and tracking, distribution through the various channels and finally delivery to the customer. A companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s supply chain structure consists of external suppliers, internal functions of the company, and external distributors, as well as customers (commercial or end-user). Firms may be members of multiple supply chains simultaneously. The management and coordination is further complicated by global players spread across geographic boundaries and multiple time zones. The successful management of a supply chain is also influenced by customer expectations, globalization, information technology, government regulation, competition and the environment. Performance management and measurement Corporate performance measurement and its application continue to grow and encompass both quantitative and qualitative measurements and approaches. The variety and level of performance measures depends greatly on the goal of the organization or the individual strategic business unità ¢Ã¢â€š ¬Ã¢â€ž ¢s characteristics. For example, when measuring performance, companies must consider existing financial measures such as return on investment, profitability, market share and revenue growth at a more competitive and strategic level. Other measures such as customer service and inventory performance (supply, turnover) are more operationally focused, but may necessarily be linked to strategic level measures and issues. Overall, these difficulties in developing standards for performance measurement are traced to the various measurement taxonomies. Example taxonomic considerations include: management level to measure à ¢Ã¢â€š ¬Ã¢â‚¬Å" strategic, tactical, or operational; tangible versus intangible measures; variations in collection and reporting; an organizationà ¢Ã¢â€š ¬Ã¢â€ž ¢s location along the supply chain or functional differentiation within organizations (e.g. accounting, versus marketing or operations). Similar to the performance measurement used, the performance measurement system may be unique to each individual organization, or unit within an organization, reflecting its fundamental purpose and its environment. Several studies have investigated the universal principles of performance measurement (Adams et al., 1995; Gunasekaran et al., 2001; Sink and Tuttle, 1990). These studies arrived at a number of conclusions related to performance measurement and their systems including: performance measurement systems may have either tangible or intangible measures with a balance of both types used to measure performance; measures should be dynamic and present at multiple levels; products and processes need to be included; systems and measures are best developed with a team approach with derivation from and links to corporate strategy; systems must have effective internal and external communications; accountability for results must be clearly assigned and be understood; systems must provide intelligence for decision makers and not just compile data; and the system should be capable of linking compensation, rewards, and recognition to performance measurement. Linking the supply chain and performance measurement Even though significant work has been completed on performance measurement and management on internal organizational operations, the emphasis on supply chain performance measurement (especially with an inter-organizational focus), in either the practitioner or research community, has been relatively limited (Gunasekaran et al.,2004). Supply chain models, especially those that consider multiple echelon inventory management, have typically focused on performance measures such as cost (Cohen and Lee, 1989; Cohen and Moon, 1990; Lee and Feitzinger, 1995; Tzafestas and Kapsiotis,1994) and a combination of cost and customer responsiveness (Arntzen et al., 1995;Altiok and Ranjan, 1995; Cook and Rogowski, 1996; Davis, 1993; Towill et al., 1992; Wikner et al., 1991; Lee and Billington, 1993; Christopher, 1994; Nicoll, 1994). Some of the existing literature does provide initial insights into broader supply chain performance measurement. Particular attention has been paid to supplier Brewer and Speh (2001) posit a number of concerns in applying performance measurement tools and systems across the supply chain, including the following. . Overcoming mistrust. Traditional SCM practices have been adversarial. Trust in data sharing, acquisition and monitoring needs to be built. . Lack of understanding. Multi-organizational measures are difficult to understand for managers focused on internal systems. . Lack of control. Managers and organizations wish to be evaluated on measures they can control. Inter-organizational measures are difficult to manage and thus control. . Different goals and objectives. Differing organizations have different goals and thus would argue for differing measures. . Information systems. Most corporate information systems are incapable of gathering non-traditional information relating to supply chain performance. . Lack of standardized performance measures. Agreed upon measures in terms of units to use, structure, format, etc. may not exist. . Difficulty in linking measures to customer value. Linkage to stakeholder value (expanding to environmental issues) is becoming more complex. The definition of who the customer may be inside a supply chain also is not clear. . Deciding where to begin. Developing supply chain-wide performance is difficult since it is not always clear where boundaries exist. Designing a green supply chain management and performance measurement system. Designing a GSCM/PMS Next, design issues and implementation issues must be addressed by the organization. When designing the GSCM/PMS, top management should address the questions posited below: . What are the goals of the GSCM/PMS? . How does the GSCM/PMS fit within the strategy of the supply chain? . How should GSCM/PMS be designed? . How should external stakeholder concerns and preferences be integrated? . What metrics levels and decomposition should be included? . Who should design the measures? . Who should monitor the measures? . How should information generated by system be used and disseminated? . How should information be linked up to other internal and external performance measurement systems, environmental management systems and other information systems (e.g. enterprise resource planning systems)? . What are relationships between GSCM measures and organizational measures (e.g. customer satisfaction)? The design of a GSCM/PMS should begin by defining the overall goal(s) of the system. The GSCM/PMS design should fit the environmental management systems of organizations. These environmental management approaches range from ISO 14000 to total quality management programs. In fact, there have been many situations, where players within a supply chain have been encouraged, or forced, to adopt environmental management systems, by external players. Part of the reason is that the evidence is growing, environmental management systems influence environmental performance (Ammenberg, 2001; Hamschmidt, 2000; Florida and Davidson, 2001; Russo, 2001; Andrews et al., 2003), even though many do not guarantee environmental performance improvement. ISO 14000 environmental management system requirements are typically associated with one organization, thus, agreement on the types of systems for GSCM must occur inter-organizationally. Within the ISO 14000 family of certification requirements and guidelines are environmental performance management guidelines codified as IS0 14031. ISO 14031 guidelines à ¢Ã¢â€š ¬Ã¢â‚¬Å" a GSCM/PMS design foundation. Putnam (2002) distinguishes ISO 14031 from the ISO 14001 standard and explains ISO 14031 as a process/guideline for measuring environmental performance and not a standard for certification. He stresses its use as a tool to provide management with key metrics for assessment. It is appropriate for all sizes and types of organizations even for those entities without an environmental management system in place. The central design principles of the ISO 14031 is the Plan-Do-Check-Act (PDCA) model for implementing an environmental management system. This PDCA cycle also defined as the Deming Cycle, is part of the continuous improvement aspects of quality management (Deming, 1986).ISO 14031 focuses on evaluation of environmental performance. This section of the ISO 14000 family of standards focuses on trends and changes in environmental performance over time. The core document focuses on planning, applying, describing, reviewing and improving the environmental performance evaluation with guidance from the process of collecting, analyzing and communicating data. This is a dynamic process and forms the core of what a design team should consider in a GSCM/PMS (as shown in Figure 3 below). Figure 3. Hervani, A. Helms, M. Sarkis, J. (2005), Design of a performance measurement system utilizing the continuous improvement plan-do-check-act process from ISO 14031 guidelines The ISO 14031 performance management system design involves collecting information and measuring how effectively an organization manages its environmental aspects on an ongoing basis. ISO 14031 is designed for use in environmental performance evaluation with indicators in three key areas: (1) environmental condition indicators; (2) operational performance indicators; and (3) management performance indicators. In addition six subcategories identify inputs of materials, energy and services, the supply of inputs, the design installation, maintenance, and operation of the physical facilities and equipments, output of products, services, wastes, and emissions, and finally the delivery of outputs. Bennet and Martin (1998) mention that changing drivers for environmental performance management must include stakeholdersà ¢Ã¢â€š ¬Ã¢â€ž ¢ growing expectations about contentious issues, the need to respond to environmental pressures, the need to measure life cycle analysis and take-back programs, and general links between the environments as other typical business performance indicators, and need to be designed into an environmental management system and especially a GSCM/PMS. + à ¢Ã¢â€š ¬Ã…“Exemple of green logisticsà ¢Ã¢â€š ¬ for the last partà ¢Ã¢â€š ¬Ã‚ ¦ Conclusion: Although there has been substantial growth recently in the number of research articles that explore green supply chain management practices, many questions still remain for academics and practitioners as to why and how companies translate their strategic intention into green supply chain practices. On the one hand, there is a need for understanding the potential benefits of specific green supply chain initiatives. On the other hand, the institutionalization process of a green à ¢Ã¢â€š ¬Ã…“attitudeà ¢Ã¢â€š ¬? deserves further exploration. The purpose of greening the manufacturing supply chain is to achieve cost reduction, operational efficiency, flexibility and social image improvement, sales and customer value enhancement. For all industries, GSCM is essential to product quality, and has the potential to become a key business factor in an increasingly competitive and ever-changing marketplace. Another strong assumption is that GSCM do not only be considered by itself but strongly integrated to the triple bottom line of sustainability programs. Starting from these preliminary considerations, several research directions are being explored. First, contributing to the stream of supply chain literature arguing that each product needs a specific supply chain (Fisher, 1997), we expect to show that different types of supply chain strategies call for different types of sustainable strategies, and accordingly provide different benefits for companies. Do lean and agile supply chains integrate sustainability into their strategic and operational issues in different ways? Second, important questions remain as to whether taking into account environmental issues at the strategic level automatically implies its translation into supply chain initiatives or if it is just a sign of a widespread à ¢Ã¢â€š ¬Ã…“greenwashingà ¢Ã¢â€š ¬? attitude, that is the business trend towards green communication rather than green action, which is often criticized by external observers. Our work has several limitations as the lack of empirical data since it is mainly based on literature. In spite of its limitations, this paper offers a quite comprehensive view on the green supply chain à ¢Ã¢â€š ¬Ã…“positiveà ¢Ã¢â€š ¬? effects, the way to get a sustainable approach among companies worldwide and those that belong to different industries. The argument of the advantage of an explicit and long-term viewpoint and integration of environmental, social and economic dimensions lead to the following proposition: Companies that strategically accept Sustainable Supply chain management will accomplish higher economical performance than firms that only pursue one or two out of the three components of the triple bottom line.

The Challenges and Complexity of Heroism - 1154 Words

Many people believe that ‘a true hero’ is someone with superpowers and can perform super feats that a regular human is not able to do. Many people also believe that heroes have to be powerful in all they do: powerful in strength, powerful in brains, powerful with the people, powerful with themselves. All of this is not true. A complex hero is a man who embodies the characteristics of valor, benevolence, and fearlessness. A complex hero is someone that has valor because if they have this, then they will be able to be calm and courageous during difficult times. These kinds of heroes help people with something they need help with, even if it is a small thing. Usually, true heroes are the ones that do huge things that put themselves in danger by doing something for someone else that was in danger. For example, one day at a regular Walmart, a worker, Kristopher Oswald, heard shouts for help coming from outside. He went to where the screams were coming from and found a woman being attacked by a man. He went to go help and later saved her life. Oswald had much valor that night during that incident because he did not think of his own safety and his job when he went to go save the stranger that was being attacked. He just went to stop everything and he saved the woman’s life while risking his own in the process. The person that attacked the woman â€Å"assaulted him and threatened to kill him (Oswald) † (Church) but Oswald kept defending himself and the woman. Heroes do things that theyShow MoreRelatedHeroism Depicted Throughout The Epic Poem, The Iliad And The Knights Tale866 Words   |  4 PagesHeroism is shown through the ages in a variety of areas all over the world. One of the greatest examples of how heroism is depicted within a literary work is in Homer’s epic poem, The Iliad. 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Essay on Happiest Place on Earth - 1065 Words

As the bus from the airport slowly comes to a halt, I jerk back in my seat with a grin from ear to ear. The time has really come again as I peer out the window and see the Welcome Home sign I long to see every year, in Disney World. Surrounded by the pale shades of blue on the buildings, the starry sky, and palm trees, I am once again at The Beach Club, my favorite resort in the Happiest Place on Earth. With a silent and still beauty surrounded by the cool evening breeze, the anticipation of the waking morning is too hard to handle, knowing that the magical feeling of the Magic Kingdom the next day will surround me. Beep! Beep! Beep! The no longer dreaded alarm clock sounds in the early morning. As I hear my parents groan,†¦show more content†¦Hopping into our space ship, we get the all-clear signal and exhilarate through darkness up the rackety hill to the launching pad. The countdown starts. 10, 9, 8, 7, 6, 5, 4, 3, 2, 1! 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Contract Law Dictates Development Corporation

Question: Describe about the Contract Law Dictates for Development Corporation. Answer: The general principle of contract law dictates that when parties enter into a contract they are obligated and bound to effectively perform the contract within the agreed terms and conditions in the contract. It is worth noting that construction contracts have gained local notoriety in litigation because of delays that are always accompanied by excuses from the contractors. It is thus submitted that failure to perform a contract within the stipulated and agreed schedule attracts significant liability as was seen in Jerry Bennett Masonry, Inc. v. Crossland Constr.Co. (2005), where a subcontractor did not adequately provide for labor for a construction thereby causing a delay in the construction and the courts upheld delay damages against the company. Marina Construction Limited was notified of all the structural defects with the building in the contract as stated in the facts and therefore the delay was one that ought to have been foreseen before agreeing to the terms of the contract and formation of the contract. The delay can thus be termed as one that is an inexcusable delay which is defined as a delay caused by the fault or neglect of the contractor and the owner is entitled to a claim for damages. (Nathan, Lee, and Henry, 2014) Marina Construction Limited (MCL) is under a contractual obligation to perform the contract according to the agreed terms. However, in cases of delay in the performance of contracts the Western Australia Supreme court has held that a detailed notice of any such delay must be served to the other party. (CMA Assets Pty Ltd v John Holland Pty Ltd, 2015) It is not in dispute that MCL provided a notice to the principal in this case albeit it was orally made, the notice can be held to have been given out of time. In Australian Development Corporation (ADC) v White Constructions (1996) it was held that a notice of extension of time must be given within reasonable time to allow the principal take any remedial action or adjustments as to any adjustments. The notice by MCL was only served after the article in the newspaper was posted yet it was within the knowledge of the directors that they could not complete the contract as stipulated in the contract. It is imperative to note that a notice is required even where the contract has not provided for an extension clause. The university can claim liquidated damages if the contract had a liquidated damage clause. (J-Corp Pty Ltd v Mladenis (J-Corp), 2010) The liquidated damage clause will spare the university tedious endeavors calculating the amount of damages compensable. (Boucaut Bay Co Ltd v Commonwealth, 1927) On the other hand, the absence of a liquidated damage clause in a contract will not entitle the contractor to escape liability for delay damages to the contractor. The university can thus recover actual damages without the liquidated damage clause that includes lost profits from the admission of the students and rental charges and interests. The South Carolina Supreme Court affirmed that loss profits can be awarded where the owner undertakes to prove with a reasonable degree of certainty the amount of loss profits. (South Carolina Federal Savings Bank v. Thornton-Crosby, 1992) In regards to the $500,000 that the university had paid to MCl, the university can claim for the restitution of the funds that serves to protect it from unjust enrichment. Conversely, the courts have held in Fibrosa Spolka Akcyjna v Fairburn Lawson Combe Barbour Ltd (1943) that a party that had pre-paid some amounts of money for the performance of the contract could recover it after the contract had been frustrated. It is in fact submitted that the amount paid by the university should not have been given to MCL as this was rewarding them for their breach. 2. Tom, Jane Co (TJC) Firm was under the obligation to perform their duties in a professional manner. In the conduct of their duties and activities, the firm ought to have in mind the ripple effects of their actions on the persons they are serving. The famous dicta by Lord Atkin usefully asserts that one should take reasonable care to avoid acts or omissions that are likely to injure a neighbor and further defines a neighbor as one who is like to be affected by the consequences of ones acts or omissions.( Donoghue v. Stevenson, 1932). Moreover, the Civil liability Act 2002 recognizes the tort of professional negligence. It is submitted to TJC that their acts and omissions have invited the tort of negligence precipitated by their omissions that displayed any degree of complacency and ineptitude in their audit business. For an act or omission to amount to negligence there are three essential elements that the plaintiff, in this case, will have to prove for the action to be successful. (Grant v Australian Knitting Mills, 1936) It is essential that a duty of care owed to the claimant who is the consumer must exist and consequently a breach of that duty. In addition, there must also be shown that indeed there was damage or injury caused as a consequence of the breach of that duty. Duty of care The neighbor principle has since widened the scope of the duty of care and it must not necessarily be a consumable product but the duty of care also extends to instances where one relies on information or advice from someone with a specific skill and knowledge. It follows that where such information is given negligently a tort of negligence action can arise. (L Shaddock Associates Pty Ltd v Parramatta City Council, 1981) TJC has a duty of care to its clients sunflower bank limited and they are expected to perform there duties with skill and competence. They have a duty to exercise reasonable skill and care whereby the standard of skill expected is of an ordinary skilled person practicing the same discipline. (Bolam v Friern Hospital Management Committee, 1957). It is imperative to note that the test for test for determining the standard of care will be that of an ordinary skill person highlighted above, in the same practice. This test is commonly referred to as the bolam test. A modern litmus that would determine the duty of care was espoused in Caparo Industries v Dickman (1990) where a tripartite approach is given by the court. First, it was established that the damages and consequence of the acts of the defendants must be reasonably foreseeable. (Kent v Griffiths, 2000) It is hence submitted that the fraud that TJC failed to detect was an omission which was foreseeable since there are several cases of fraud in the banking industry and practitioners should have an open eye on every issue. Secondly, it must be established that there was a legal relationship between the parties that can be regarded as a relationship of proximity that will expect a duty of care from the other party. (Home Office v Dorset Yacht Club, 1970) It goes without saying that a relationship of proximity is easily established between TJC which was an auditing firm and its clients sunflower bank. The duty of care is established because sunflower bank depended on the services of TJC. Thirdly, whether taking all circumstances into consideration it would be just reasonable and fair for the law to impose a duty. (Capital v Hampshire County Council ,1997) In TJC the court will not have to struggle with imposing any duty on TJC as the relationship between TJC and Sunflower bank is one that is created by a legal contract. Breach of duty Negligence occurs where the standard expected of a person falls below that of an ordinary skilled reasonable man. (Roe v Minister of Health, 1954). In deciding whether there has been a breach of the duty of care owed the courts will be guided and persuaded by four factors. First, the court will look at the degree of risk involved where it weighs the likelihood of the harm occurring. In Haley v London Electricity Board (1964) the court held that there was a commonly known risk that ought to have been foreseen. As noted above, the risk of fraud in banking is one that has gained prominence in this era and experts and professionals should put all measures to ensure that any such frauds are avoidable before they transpire. Secondly, the court will also look at the seriousness of the harm or damage suffered. It has been observed that at times the gravity of harm or damaged suffered is so is so low that courts will throw out such claims that seek to waste the courts time. (Paris v Stepney Borough Council, 1951) The gravity of the harm and loss suffered due the actions TJC cannot be downplayed by the court. The loss of $10 million is so grave and is likely to attract the attention of any ordinary court. Thirdly, the court will consider whether it would be reasonably practicable to take any precautions to avoid the harm or loss. (Latimer v AEC Ltd, 1952) The standard here will be that of a reasonably skilled person in the same practice. Fourthly, the courts will ask if the defendants action was of any useful social purpose. (Watt v Hertfordshire County Council, 1954). Infallibly, the actions of TJC served no useful purpose. Proof of breach If Sunflower bank is to bring a claim of negligence then as the plaintiffs they have to provide evidence that will connote that the defendant failed to exercise reasonable skill and care. Nevertheless where such evidence is not available and the facts of the case clearly speak for themselves the maxim of res ipsor loquitor will apply. (Scott v London St Katherine Dock Co, 1865) Damage caused by MCJs Breach of Duty It is submitted that Sunflower bank must show that the loss of the money would not have occurred but for the defendants negligent omissions. This is referred to the But for test that seeks to establish the causal link between the damage and the defendant. The test was authored in Barnett v Chelsea Kensington Hospital (1968) where it was held that damage may at times occur not as a consequence of an act or omission of the defendant but the damage would have occurred anyway even if the or act omission did not transpire. It is advised that this argument resonates more with the defendants case and can be used as a defense. It has been argued that a foreseeable harm may at times occur in an unforeseeable manner which is an argument that TJC may borrow but such an argument does not hold water and liability will still attach as was held in Hughes v Lord Advocate (1963). However, a defendant will not be liable for a tort of negligence where the plaintiff has a weakness or a predisposition to such loss or damage. (Smith v Leech Brain Co, 1961) The foregoing submissions are brought to the attention of TJC and the three essential elements are fundamental for any claim of negligence to succeed. It is of particular significance to note that a claim of negligence is a civil action and the standard of proof is not equated to a criminal action which is beyond reasonable doubt. The standard of proof here is lower and is held to be on a balance of probability. TJC will not incur liability for negligence if they acted professionally and in a manner that has a general acceptance across Australia. (Civil Liability Act 2002 S 50(1) 3. It is apt to underscore the fact that the law of agency imposes a fiduciary duty on the agent. Succinctly, the agent is authorized by the principal to act on his behalf and this raises a legal relationship. The agency agreement between Will and farm fresh crystalizes their legal relationship. It should be borne in mind that an agent is authorized to do that which is authorized by the Principal or that which he can reasonably infer that the principal would desire him to perform. (International Harvester Company of Australia Pty Ltd v Carrigan's Hazledene Pastoral Co ,1958) From the onset it is submitted that pursuant to the agency agreement entered between farm fresh and Will, Will has an actual express authority to act on behalf of the principal. The authority is complete because it follows consent from the principal and there had been a written agreement that Will shall earn a 5% interest in the work that he will undertake on behalf of the principal. (Equiticorp Finance v BNZ(1993) Agency must not necessarily derive from consent of the principle but the law can infer that that an agency agreement existed where the parties were acting as such with the third party and the third party knew that the agent was acting for a known principal.. (Branwhite v Worcester Works Finance Ltd, 1969) It can be argued that Will had actual implied authority which while he was performing the transaction with the third party as he did not have express authority ,however, drawing from the following elements of an actual implied authority his acts were valid. First the agent was acting following the usual manner in which he performs his duties on behalf of the principal. This is referred to as the usual authority of an agent and it can be said that Will was acting in the usual way and his actions were incidental to the other acts that he has been performing for the principal. ( Hely-Hutchinson v Brayhead Ltd 1968) Second, the acts of the agent had gained the force of a custom and thus it is referred to as a customary authority. The leading case in the entire of the facts in issue and one that perhaps goes furthest is (Freeman Lockyer v Buckhurst Park Properties (Mangal) (1964). In this case, H and K formed a company to develop property and the articles of the company gave provisions for managing directors but they had not been appointed. K went ahead and engaged a company to take on some constructions but later on the company claimed that k did not have authority. It was held that the K had ostensible authority to act. The courts have also espoused that the person who is held to have ostensible authority must also have an actual express authority to act. (Crabtree-Vickers Pty Ltd v Australian Direct Mail 1975) Will had ostensible authority to act because it was the usual way of business as the principal had not objected to his actions thereby the third party continued to transact with him and furthermore he had express authority derived from the agency agreement. A more persuasive position is that, despite the fact that Will had no express authority to transact with Dairy to Go, his actions were ratified by the principal. For ratification to be held have been undertaken the following must be proven; First, the agent whose act is sought to be ratified must have been acting on behalf of the principle. (Howard Smith Co Ltd v Varawa, 1910) This was well within the knowledge of Dairy to go and the business had gone on for a considerable period of months. Secondly, the principal must have been disclosed at the time of ratification. (Trident v McNeice Bros Pty Ltd, 1988) Dairy to go knew the principle because they were aware that Will was an agent of Farm fresh. The silence of the principal does not amount to ignorance nor does it mean that he has not ratified the act. It has been held that the principal can also ratify an action by silence or inaction. (Klement v Pencoal, 2000) This argument can be borrowed and applied by the principal of Farm fresh as he can say that he was aware of the business between his agent and Dairy to go and that is why he allowed it to continue up to then. This argument crystallizes the point that indeed there was a valid and enforceable contract between Farm fresh and Dairy to Go. Undoubtedly the evidence that has been demonstrated above manifestly shows that the contract that was undertaken between Dairy to Go and Farm fresh is one that legally binds both parties and is enforceable. Indeed it has been proven that Will had authority to act on behalf of the principal albeit his authority was not expressly authorized by the principal. It is submitted that an agent can not act on his own behalf if the third party is aware of the principal. (Irvine v Union Bank of Australia, 1877) To this extent, it can also be argued that Will is entitled to earn the 5%interest because as noted above there has been a mountain of evidence to show that indeed an agency relationship existed and that Wills principle is mandated to honor the agency contract. On the hand, the principal lacks a sufficient ground to terminate the agency contract because Will acted in a manner that was recognized by law so no penalties can be imposed on him. 4. Reflective Journal The law is the art of goodness and equity, but it is the inherent nature of justice that it will not make parties in a case equally exuberant at the end of the day. However, in the eyes of the law justice is deemed to be fairness. My reference to the above has been accentuated by the fact that the contractor in question one has to agree to suffer the loss a circumstance that the construction company does not sit well with but the law is ass as the positivist school of thought will put it. The research on this question has compelled me to learn that the law of contract requires that contracts are entirely honored. In addition, the construction professionals should be careful to undertake the contract as agreed. What was intriguing more is the fact that the contractors have to pay liquidated damages. I have had the privilege to bring to my attention from the research on this question that preferably, construction contracts must entail a liquidated damage clause that serves to prevent tedious endeavors trying to calculate the amount of damages to be paid. (Kean and Caletka, 2008) Nevertheless, the absence of a liquidated damages clause is not an implication that the owner cannot apply for liquidated damages. Suffice to say, contactors should follow the proper procedure where they have foreseen an expected delay and since the law is dynamic the contract can be extended but it is very unfortunate that the law does not favor the circumstances of the contractors case in question which is has a devastating effect on them. In regards to question two the research involved was quite educative and one that its importance I cannot undermine. Professionals have a duty of care to people who their acts or omissions are like to affect and they are required to reasonably foresee such acts or omissions so as not to cause any harm. (Donoghue v. Stevenson, 1932) The famous dictum of Lord Artkin is one that sinks deep into my heart as an aspiring profession. It is prudent that I mention that this research had a wealth of case law that was interesting and whose importance to my career I cannot undermine. The case laws that I have used exemplifies that the standard of skill and care required of the profession will not be measured beyond that of an ordinary skilled man in the same practice. It is worth mentioning that a breach duty of care is followed by award of damages to the party which indeed has a deterrent effect to professionals thereby sending a sound and striking message that those who are reckless in their duties will come face to face with the sharp claws of the application of the law of Negligence. Question three, on the other hand, bestows upon me sufficient knowledge to be able to track the path of the law of agency with competency. The authority that is vested on the agent by the principle is a fundamental one and the agents should be careful not to exceed their authority. In undertaking this question it was brought to my knowledge that an agent should only proceed with an act in which the principal himself is competent to undertake. It was rather interesting to note that despite Wills lack of express authority, the law derives other authorities that approved the actions of Will. Conversely, the ratification of previously unauthorized is a principle that I carried home and could not negate its importance. Indeed a principal can right the wrongs of the agent but only to the extent that the actions are not illegal. The ability of the law to fit the circumstances in favor of Will and Farm Fresh was in my view enticing. The flexibility of the law in this research is unimaginable. I was compelled to learn that actual implied authority if different from apparent authority. Implied authority is inferred from the usual conduct of the business and actions that are incidental to the normal conduct of the agent that is allowed by expressed authority. On the other hand, apparent authority is a conduct by the principal that has led the third to believe that the agent is acting on his behalf. References Australian Development Corporation (ADC) v White Constructions (1996) 12 BCL 317. 2. Barnett v Chelsea Kensington Hospital (1968)3 All ER 1068 Bolam v Friern Hospital Management Committee (1957) 1 WLR 582 Boucaut Bay Co Ltd v Commonwealth (1927) 40 CLR 98 Branwhite v Worcester Works Finance Ltd (1969) 1 AC 552. Caparo Industries v Dickman (1990) 2 AC 605 Capital v Hampshire County Council (1997)QB 1004 Civil Liability Act 2002 CMA Assets Pty Ltd v John Holland Pty Ltd (2015)WASC217 Crabtree-Vickers Pty Ltd v Australian Direct Mail (1975)133 CLR 72. Donoghue v. Stevenson (1932)UKHL 100 Equiticorp Finance v BNZ (1993) 32 NSWLR 50 Fibrosa Spolka Akcyjna v Fairburn Lawson Combe Barbour Ltd (1943) AC 32 Freeman Lockyer v Bucklehurst Park Properties (Mangal) Pty Ltd (1964)2 QB 480 Grant v Australian Knitting Mills (1936 )A.C. 562 Haley v London Electricity Board (1964) 3 WLR 479, Hely Hutchinson v Brayhead Limited (1968) 1 QB 549 Home Office v Dorset Yacht Club (1970) AC 1004 Howard Smith and Co Limited v Varawa (1910) HCA 30 Hughes v Lord Advocate (1963) A.C. 837 (H.L.). International Harvester Company of Australia Pty Ltd v Carrigan's Hazledene Pastoral Co (1958) 100 CLR 644 Irvine v Union Bank of Australia (1877) 2 App Cas 366 J-Corp Pty Ltd v Mladenis (J-Corp) (2010) 26 BCL 106 Jerry Bennett Masonry Inc. v. Crossland Constr.Co. (2005) 171 S.W.3d 81 Keane, P.J. and A.F. Caletka, ( 2008) Delay Analysis in Construction Contracts Kent v Griffiths (2000)2 WLR 1158 Klement v Pencoal [2000] QCA 152 L Shaddock Associates Pty Ltd v Parramatta City Council [1981] HCA 59 Latimer v AEC Ltd (1952) 2 All ER 449 Nathan C, Lee C and Henry P,( 2014) Resolving Problems and Disputes on Construction. Roe v Minister of Health [1954] 2 All ER 131 South Carolina Federal Savings Bank v. Thornton-Crosby (1992) SC 423 S.E.2d 114 Trident v McNeice Bros Pty Ltd (1988) HCA 44 Paris v Stepney Borough Council (1951) 1 All ER 42, Watt v Hertfordshire County Council (1954) 1 WLR 835

The Corporate Brand Help or Hindrance (HBR Case Study and Commentary) Essay Example

The Corporate Brand: Help or Hindrance? (HBR Case Study and Commentary) Essay The Corporate Brand: Help or Hindrance? (HBR Case Study and Commentary) BY nthn0210 Each of Lilypads boutique hotels has its own sense of place and definition of customer experience. Though loyal to their favorites, guests dont visit other luxury properties in the collection or even realize theyre affiliated. To boost the lifetime value of existing customers and reach new ones, CEO Andre Cleary is thinking about positioning the hotels more directly under the corporate umbrella. The company could gain scale efficiencies and possibly increase visits†but does one brand really fit all? Four experts comment on this fictional case study. Horst Schulze, the CEO and president of the West Paces Hotel Group, says that Lilypad must build up its corporate brand to create long-term value. This would also help the company become more efficient at cross-promoting properties, offering services, and buying supplies in bulk. Jill Granoff, the executive vice president of direct brands at Liz Claiborne, says that the financial risks of putting the Lilypad name front and center may outweigh the potential rewards. The company should instead market its hotels more aggressively to travel agents and selectively acquire new properties to propel further growth. Kevin Lane Keller of Dartmouth argues that Lilypad must clarify what its brand represents before giving it any more emphasis. Rather than making significant changes in the rooms themselves, which could weaken the individual brands, management should coordinate behind the scenes to improve cross-sell numbers. Jez Frampton, the global CEO of the consultancy Interbrand, thinks Andre should systematically examine the brand in terms of Lilypads customers and culture. That means conducting market research and moving away from the current warlord approach of managing each property as a separate fiefdom. We will write a custom essay sample on The Corporate Brand: Help or Hindrance? (HBR Case Study and Commentary) specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on The Corporate Brand: Help or Hindrance? (HBR Case Study and Commentary) specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on The Corporate Brand: Help or Hindrance? (HBR Case Study and Commentary) specifically for you FOR ONLY $16.38 $13.9/page Hire Writer