The Trafficking Of Smuggling Drugs - 1246 Words

Smuggling Drugs in Airports Over the recent past, there has been major growth in illegal trafficking of humans, firearms and most importantly drugs (UN, 2012). These kinds of trafficking are characterized by greater organisation levels. They are also denoted by the presence of criminal groups and chains. Though these activities are not new, both the geographic area and scale of the present problem is unprecedented. The value of illegal trade in 2009 throughout the world was about $1.3 trillion (Jenner, 2010). Drug smuggling is a major concern wherein it has major adverse effects due to the large illegal profits it produces (Jenner, 2010). In different drug production regions and transit areas, criminal groups disregard state authority and exiting laws by promoting corruption, affecting the economy and compromising elections (UN, 2012). Using the UK as a case in point, this paper describes drug smuggling, its development, and the effects, the challenges for investigators and judicial processes and strategies to manage with the problem. There is a large extent of drug smuggling in the UK (Richman, 2007). It was recently submitted that there were three hundred importers into the United Kingdom, three thousand wholesalers and seventy thousand street dealers. The security system in airports like Heathrow is complex and is characterized by different barriers: human, organisational and innovative barriers. There are different agencies, businesses and institutions involved inShow MoreRelatedThe Impact Of Drug Trafficking And Organized Crime1099 Words   |  5 PagesThe United States has a vast illegal drug market as well as high numbers of people indulging in organized crime. Drug law enforcement personnel face problems when protecting the United States borders to avoid any drug trafficking instances. Drug trafficking involves smuggling of illegal drugs producing states such as Mexico to the consumer markets in other regions within the United States Organized Crime, on the other hand, is the practice of the offense throu gh threats or violence and aims to collectRead MoreStopping The Trafficking Of Drugs Into The Country1263 Words   |  6 PagesStopping the trafficking of drugs into the country is a key part of their overall mission: to protect America. The Border Patrol’s 2012-2016 strategic plan supports the national-level strategies like the National Drug Control Strategy and â€Å"uses a risk-based approach to securing the border†. According to this strategic plan, â€Å"Transnational criminal organizations represent a significant cross-border threat to homeland security†. Outlined in the National Drug Strategy, the border security missionRead MoreHuman Trafficking And The United Nations Office On Drugs And Crime1278 Words   |  6 PagesHuman trafficking and smuggling has been in existence across the world for thousands of years. While both of these issues deserve equal public awareness, they are very different from one another. The United Nations office reveals consent, exploitation and transnationality are the most important differences (United Nations Office on Drugs and Crime. Web). From ancient Greek to medieval times, up until today, both physical and sexual slavery is commonly used. Humans all over the world are trappedRead MoreThe Problem Of Human Trafficking1283 Words   |  6 Pagesit comes to the topic human trafficking, mostly everyone knows that it has a lot of history to its name. According to ben skinner, â€Å" there are more slaves in the world today then ever before†(E. Benjamin pg. xi). There have been many incidents an d cases with human trafficking such as, sex trade, smuggling, violence, etc. Today, one can show how real is Human Trafficking. This paper details the big enigma exist todays date, that Human Trafficking is real. Trafficking can happen in almost every countryRead MoreThe Business Of Modern Day Slavery And Drug Trafficking1139 Words   |  5 PagesBusiness of Modern Day Slavery and Drug Trafficking There are approximately 3,287 men, women, and children stripped of their freedom daily. That is equivalent to 136 people per hour. Many are kidnapped from their families, sold by family members to pay off debts or exchanged for drugs. Human trafficking has become the second most profitable illegal business worldwide with the trafficking or smuggling of drugs being at the top of the list. Human smuggling and trafficking with its high demand from bothRead MoreHuman Trafficking And Human Smuggling1328 Words   |  6 Pagesconvince my readers that human trafficking and human smuggling are not the same. It is important to identify these two key terms in an effort to better understand them. By doing this my readers will have a better understanding of why it is important to distinction them. Human trafficking and human smuggling are huge markets worldwide and as a result can provide many of those involved with an income. The amount of income that is produced annually due to human traf ficking is not known. According to FeingoldRead MoreHuman Trafficking : A Serious Crime And A Direct Violation Of Human Rights1138 Words   |  5 PagesIntelligence Question: How human trafficking is currently impacted by increased law enforcement coverage at the southwest border aimed at reducing illegal alien smuggling into the country? Summary: Human trafficking is a serious crime and a direct violation of human rights. It can be defined as an illegal trade of human beings in which they are treated as possessions to be controlled for labor intensive work like slavery, or exploited by being forced into prostitution. Every year, millions of peopleRead MoreHuman Trafficking : A Form Of Modern Day Slavery1339 Words   |  6 Pages Trafficking in persons or TIP, â€Å"is a form of modern day slavery† (Women’s Bureau 2002). â€Å"Traffickers often prey on individuals who are poor; frequently unemployed, or underemployed, and who may lack access to social safety nets. Victims are often lured by traffickers with false promises of good jobs and better lives, and then forced to work under brutal and inhumane conditions†(Attorney General). TIP â€Å"involves the use of violence, threats or deception to create a pliant and exploitable work force†Read MoreHuman Trafficking : A Global Perspective1402 Words   |  6 PagesIn Human Trafficking: A Global Perspective, Louise Shelley examines why and how human occurs. Dr. Shelley, founder and director of the Terrorism, Transnational Crime and Corruption Center and Professor in the School of Public Policy at George Mason University is a lead expert on transnational crime and terrorism. She has written numerous works on all sides of transnational c rime and corruption. The main focus of her work is on the former Soviet Union. Shelley does an excellent job on giving the readerRead MoreDrug Smuggling And Its Effects On America1694 Words   |  7 PagesThey engage in drug smuggling to carter for their needs. In addition, the viscous cycle of poverty in some societies has led to large number of people engaging in drug smuggling. Education is always viewed as a major factor in eliminating poverty. However, in some communities, high levels of poverty leads to school dropouts. These individuals who have dropped out of school easily indulge in drug smuggling since it is one of the activities that can earn them a living and requires little or no educational

Essay on Freuds Concept of the Uncanny - 1086 Words

When a person experiences chills or goose bumps as a reaction to something strange or unusual, they are being affected by a sense of uncanniness. The psychoanalyst Sigmund Freud endeavored to explain this feeling of uncanniness in his essay entitled â€Å"The Uncanny†. Freud’s theory focuses around two different causes for this reaction. Freud attributes the feeling of uncanniness to repressed infantile complexes that have been revived by some impression, or when primitive beliefs that have been surmounted seem once more to be confirmed. The first point of his theory that Freud discusses in the essay is the repression of infantile complexes that cause an uncanny experience. Freud†¦show more content†¦This statement is supported by the laws of ancient Greek society which would have called for his castration due to the incest with his mother. While the infantile castration complex is the only one Freud goes into detail with in the essay, there are many others that would cause uncanniness if they were revived. The reason for this is that once the child grows up these complexes are hidden deep within the subconscious and are totally without logical reason. The adult does not realize that he fears castration, instead he can only rationally explain his fear as that of being blinded. The feelings of childhood remain with us throughout adult life but they are only faintly perceptible, and this too can cause uncanniness. The foggy remembrance of a sensation that can no longer be grasped but still affects our emotions in ways that we can not explain to ourselves. The second point of Freud’s theory states that uncanniness is experienced when primitive beliefs which have been surmounted seem once more to be confirmed. These surmounted beliefs are usually beliefs concerning the after-life, magic, and other such supernatural things that were once part of early man’s belief system. This part of his theory is closely connected to superstition. For example, most modern individuals do not believe in the existence of ghosts, yet some religions bless houses. The question arises then, whyShow MoreRelatedFear Oneself : Freud s View On Psychoanalysis Essay1247 Words   |  5 PagesFear Oneself: Freud’s View on Psychoanalysis â€Å"There is no question therefore, of any intellectual uncertainty here: we know now that we are not supposed to be looking on at the products of a madman’s imagination, behind which we, with superiority of rational minds, are able to detect the sober truth; and yet this knowledge does not lessen the impression of uncanniness in the least degree† (Freud 424). Freud’s concept of psychoanalysis revolves around and into the minds of characters in every literaryRead MoreFreuds Interpretations of Uncanny Essay653 Words   |  3 PagesFreud’s concept of the â€Å"uncanny† is a highly influential and valued in psychoanalysis and literature. As Freud explains, it reveals much about his understanding of human beings as being essentially determined by their fears and unconscious desires. His interpretation of uncanny can be analyzed in two ways: linguistic and actual. In the beginning, he starts with the term â€Å"uncanny†, which is taken from Ger man word â€Å"unheimlich†, literally meaning â€Å"un-home-like† – something unfamiliar and unknown, neverRead MoreEssay on Nella Larsens Passing1387 Words   |  6 PagesThe concept of the uncanny can be a difficult one to comprehend; this is why Freud begins his essay with an analysis of the different definitions of the uncanny in various languages. Ultimately Freud rests that the German terms â€Å"heimlich† and â€Å"unheimlich† best match the definition of the uncanny because it is translated as familiar and unfamiliar. The uncanny can be defined as something that creates a feeling of familiarity but also unfamiliarity, and this unfamiliarity is what is fearful to theRead Morequot;The Monkeys Pawquot;: A Freudian Perspective Essay646 Words   |  3 PagesIf The Monkeys Paw is uncanny or not is a topic quite debatable, mainly because of the role the reader has in determining the uncertain events which appear in the story. Anyhow, if the stor y is read according to Freuds point of view of what the uncanny is, the reader can surely state that The Monkeys Paw is an uncanny story. There are many elements that are stated in Freuds conception which can be implicitly related to the story, such as the fact of coincidence. But first of all, it is importantRead MoreThe Uncanny And Emily Bronte s Wuthering Heights1746 Words   |  7 PagesAssessment 1: Critical Commentary Freud’s The Uncanny and Emily Brontà ©Ã¢â‚¬â„¢s Wuthering Heights The principal idea in Sigmund Freud’s interpretation of The Uncanny theory centres around the Heimlich, translating to ‘homely’ and thus, what is familiar, and the Unheimlich, which is often translated to what is ‘Uncanny’ defined as ‘what is [†¦] frightening precisely because it is not known and familiar’ (Freud, 1919) or later described as something that is ‘secretly familiar which has undergone repression’Read MoreThe Uncanny Of Sleeping Beauty And Her Children1219 Words   |  5 Pages The Uncanny of Sleeping Beauty and Her Children Psychoanalyst, Sigmund Freud, constructed his theory of the uncanny, in a simplified conclusion as the ability for the conscious mind to recall or find â€Å"something familiar and frightening† within his essay â€Å"The Uncanny† as shared in Literary Theory: An Anthology. The first portion of the essay serves in effort to breakdown the reasoning for the term to lend us meaning, in short he provides us with the etymology of uncanny. We learn of its GermanRead MorePowers of Horror by Julia Kristeva, Questions and Answers1384 Words   |  6 Pagesnative’s stranger a sense of ‘anxiety’ (Kristeva 1991: 183) prevails. Kristeva’s notion of the ‘stranger to our self’ stems from Freud’s breakthrough essay The Uncanny. Freudian hermeneutics explores and decodes the paradox of the ‘Un-heimliche’ known as the ‘uncanny’. The uncanny, for Freud, is the fear of the ‘unfamiliar’ (Freud 1919: 2). Kristeva endeavors to develop on Freud’s psychoanalytical essay by demonstrating how we are unquestionably aliens in our own identities. Referencing Freud she promotesRead MoreComparison Of Freud And Jentsch s Concept Of The Uncanny1143 Words   |  5 Pagesnotion of â€Å"uncanny.†   Previous studies were conducted on this subject by the German psychologist Ernst Anton Jentsch, and served as the starting point for Freud’s analysis. However, the feeling of â€Å"uncanny† was not an easy concept to identify. Jentsch concluded that it fits in the area of the fear of the unfamiliar and intellectual uncertainty. Freud, with some opposition to Jentsch’s investigation, took it further from what Jentsch concluded. Freud theorizes that â€Å"the ‘uncanny’ is that classRead MoreThe Origins Of The Female Vampire1504 Words   |  7 Pagesmirroring Victorian society’s angst of female sexuality. Le Fanu’s story ‘Carmilla’ treats vampirism as the means for bringing the repressed desires, ‘the unspeakable’, to life. Le Fanu s gothic story ‘Carmilla’ deals with the discovery of the uncanny monster that is ultimately revealed in human nature. In the Prologue of the story, Le Fanu hints the main theme of human nature and its dualism by indicating that the story is involving, not improbably, some of the profoundest arcana of ourRead MoreMarx, Nietzsche, And Marx : A Critical Analysis Of The Hermeneutics Of Criticity1268 Words   |  6 Pagesguilt are up to question as through genealogy one observes that the concept of consciousness was a natural instinct the man was born with. Nietzsche says, â€Å"the consciousness of this rare freedom and power over himself and his destiny, has penetrated him to his lowest depths, and become an instinct, his dominant instinct†¦this sovereign human being calls it his conscience† (Marx, 496). This puts into doubt and question the concepts of â€Å"consciousness of guilt† and â€Å"bad conscience.† Genealogy allows

The Israeli Palestinian Conflict, By Benjamin Netanyahu

The Israeli-Palestinian conflict can be seen from different perspectives, one of them being from the Likud party in the Israeli government. In particular, there are stances that Likud takes on the conflict. Right now, Benjamin Netanyahu is the Israeli Prime Minister, and his current approach to dealing with the conflict differs from the approach taken in 2009. The Likud party is considered hardliner and right-winged, meaning that it is harder to compromise with this political party due to their strict stances and beliefs. Therefore, their diplomatic approach towards the conflict is less compromising in comparison to the Zionist Union. Netanyahu’s stance on how to resolve the conflict differs from what it used to be in 2009: â€Å"The international uproar started when Netanyahu said a Palestinian state would not happen during his tenure if he won re-election to a fourth term, which widely sounded like a departure from his previously stated support for a two-state solution† (politifact.com). Contradictory to his previous thoughts in 2009, Netanyahu no longer sees a two-state solution as a realistic option any more. Someone cannot simply move Israeli citizens over night from their settlements for a number of reasons. The most significant reason is that it would be hard to evacuate lands and give them back to the Palestinians. Also, if Israeli citizens would evacuate the land surrounding Jerusalem and the West Bank, there is a fear that the Arab extremists would take control ofShow MoreRelatedEssay about Israel1022 Words   |  5 PagesIsraels government has changed dramatically since the new election in May of 1999. The Israelis needed a change in government. The people needed a new Prime Minister who could promise them things they wanted and make these things happen. The old non-negotiating, thick headed ways of governing, used by former Prime Minister Benjamin Netanyahu made the peace process towards the Palestinians, Syria, and the religious c onflicts within the enormous Jewish population of this country stagnate. Netanyahus waysRead MoreRhetorical Analysis Of Conan O Brien1235 Words   |  5 Pageshis show to different parts of the world. His previous Conan Without Borders shows have been quite entertaining. The Cuba and Mexico episodes are my favorites. However, knowing Conan chose to travel to Israel and violate/ignore the call by Palestinian civil society to boycott, divest, and sanction (BDS) Israel for it to comply with international law made my heart sink. Would we have excused Conan if he decided to visit South Africa during the boycott movement to end its system of apartheid? 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Netanyahu said recognition of Palestinian statehood would nullify the Israeli-Palestinian agreement. From this notion, Netanyahu threatened to invade Palestinian territories like the West Bank o f Jordan River. The settlements have beenRead MoreIsrael Is A Small Democracy At The Eastern End Of The Mediterranean1349 Words   |  6 Pagessecular (profess no religion). Most Israelis and many non-Israeli Jews, as well as other supporters of Israel worldwide, see Israel as a refuge for Jews made necessary by the Holocaust, the Nazi-engineered genocide of approximately six million European Jews from 1941 to 1945. Most scholars acknowledge the existence of an ethnically distinct population of Arabs living in Palestine, the territory between the Mediterranean Sea and the Jordan River, that predates Israeli independence. Arabs living in PalestineRead MoreHow The Two State Solution Can Solve The Arab / Israeli Conflict825 Words   |  4 PagesHistory December 1st, 2015 How the Two-State Solution Can Solve the Arab/Israeli Conflict Over the years, people have argued about different solutions for the Arab/Israeli conflict. The Arab-Israeli conflict is an ongoing incongruity between Israelis and the Palestinians. Since 1948, the state of Israel is in the center of the dispute between the Palestinians and Israelis over who should own the land. The Jews (Israelis) claim that the land is theirs based on the promise to Abraham and his descendantsRead MoreForeign Policy And Decision Making Simulation1638 Words   |  7 Pagesof the State Department I was involved in an Israeli foreign policy and decision-making simulation where members were to agree upon various minimal peace terms and implementations. This brief for General H. R. McMaster will provide the most thorough analysis of the outcomes from this simulation to provide the best suggestions for the United States involvement in the Israeli-Palestinian conflict. The opening remarks by Prime Minister Benjamin Netanyahu were that the ministers must agree in consen susRead MorePolitical Prediction In Israel1513 Words   |  7 Pagesscheduled date for the next Israeli legislative election is November 5, 2019. However, the government could hold early elections if it chooses to do so. Among all four sectors, geopolitical future looks the most worrisome. Political Prediction The continuity of political stability is predictable for a three-year time horizon. The democratic system in Israel is highly developed and entrenched. There was a peaceful transformation of power last year. Benjamin Netanyahu won fair and free electionsRead MoreJerusalem And The West Bank1234 Words   |  5 Pagesof danger because of its location, of the ambiguity about who is in control of which part. There s a lot of violence going on in the West Bank. There are thousands of Palestinians in the streets now that there have seen so many acts of violence. The recent reporting’s feature single independent attacks from young Palestinian men. In the past, there have been more collective acts of violence, but now a day there are single independent person s. Due to these actions of violence, the citizens haveRead MoreThe Role Of Politics In Israel1200 Words   |  5 Pages Surrounded by conflict and terrorism, Israel proved it was worthy of the U.S.’s support with its strong values and cultural history. The current prime minister of Israel is Benjamin Netanyahu, elected March 18, 2013. Since 1996, he has held the office of prime minister four times. He is a member of the Likud party and the 17th person to hold the position. The Likud party leans to the right, supporting a large military force, low corporate taxes, and opposes a Palestinian state (Jewish Virtual

Business Law Business Legitimate Interest

Question: Describe about the Business Law for Business Legitimate Interest. Answer: Solution 1 Issues Whether Richard and his father have made a valid contract? If yes, then Can Richard sue his father for the recovery of his weekly allowance @ $200? Relevant Law The raised issue is resolved by evaluating the elements of contracts which are required to make a valid contract. A contract is an agreement which is made by the parties themselves and which has relevance and legality in law. To make a valid contract the basic contractual requirements are: Offer Every contract can be established only when an offer is made at the first place. When an offeror wishes an offeree to act as per the terms and conditions prescribed by him then he communicates his intention to such an offeree. This communication of the offeror intention to an offeree is an offer in contract law and is held in Carlill v Carbolic Smoke Ball Company[1892] EWCA Civ 1. An offer can be made orally or in writing but must communicate the offeror intention clearly. (Clark 2012). Acceptance- When the offeree receives the offer so made by an offeror and affirms the same then it is called acceptance. An acceptance is made when it is made without bringing any variations to the terms of the offer (Empirnall Holdings Pty Ltd v Machon PaullPartnersPty Ltd (1988) 14 NSWLR 527. (Clark 2012). Intention to create legal relations Every offer and acceptance which is made by an offer and offeree should be made with an intention to create a legal relationship between them. If there is no intention to bind a legal relationship then there is no contract even if all other elements are present and is held in Australian Woollen Mills Pty. Ltd. v. Commonwealth (1954) 92 CLR 424. (Lucke, 2016) The general presumption that prevails in law is that when the parties are in family relationship then there is no presence of legal intention (Balfour V. Balfour [1919] 2 KB 571 Cohen v. Cohen (1929) HCA 15). But when the partys are in commercial relationship then there is presence of legal intention amid the parties (Rose and Frank Co v Crompton [1925] AC 445. But, this general presumption is not always true and can be rebutted by proof of evidence. For instance in the leading case of McBride v. Sandland (1918) 25 CLR 69 Turner v. Turner [1918] HCA 66, the court held that when the parties are at family relationship but while exchanging offers and acceptances the partys intent to abide by the same legally, then, there is contractual relationship amid the parties even though the parties are in family relationship. Capacity of the parties Both the offeror and the offeree are the parties who make a valid contract but both the parties should be capable as per the law of the land in order to make a valid contract. The parties are said to be capable when they are mentally sound and have attained the age of majority (Re Walker (1950). Generally the parties are considered to be major when they have attained the age of 18 years of age. However, at times the parties have not attained the age of 18 and had entered into contract, then, such kind of contract is voidable. But when the contract is made by the parties for their necessity or for their employment then such contracts are valid in law and are enforceable by the minors. In the leading case of Nash v. Inman [1908] 2 KB 1 Roberts v Gray [1913] KB 520, it was held that a contract by a minor for necessity is valid. However, the necessity of such minor must be analyzed by the surrounding circumsttbces and the standard of living of the minor. (The Law Teacher, 2016). Consideration finally, when a valid offer and acceptance is made by the parties who are capable to make a contract with a legal intention then such promises must always be support by something which is valuable in nature whether in cash or kind (Beaton v McDivitt (1987) 13 NSWLR 162. This something of value in law is called consideration and must be sufficient to support the promises thought it is not necessary that the same must be absolute. (Moles Sangha, 1998). All the legal principles that are studied above are now applied to the facts of the case. Application of law The father of Richard, who is a millionaire, has asked him to clean the yard (both front and back). He promised to give him $200 for the same. Thus, an offer was made by the father to Richard. The offer which was made by the father was duly accepted by Richard. Thus, a valid acceptance was made amid them. This valid offer and acceptance results in an agreement which is supported by valid consideration of $200. Id. But, since the contract taken by Richard is for his necessity, Now, Richard was a poor student and he agreed to take the offer of father because he is need of money. considering that Richard is minor, then, as per law, a contract with minor is not valid, however, since Richard was very poor and the offer of father was accepted by orchard because of his necessity, thus, such kinds of contact is valid in law. Also, generally a contract amid a father and son is not considered to be valid as they are in family relationship. But this assumption can be cancelled if proved otherwise. As per facts, the father used to gave $350 to the Gardner for keeping the yard clean. Later he gave the work to Richard beachside he was doing the same job in $ 200 which is less than $ 350. Thus, his intention was made to motive Richard to earn by doing the job. Also, Richard undertook the task as he was poor and is in need on money. Hence, the intention of both the parties was to abide by the contact and hence there is presence of legal intention. So, there is presence of all contractual elements. Conclusion To conclude, the contract amid the father and Richard is valid as there is presence of all contractual elements amid the two. Solution 2 Issues Whether the non-compete clause which was imposed by Frre Bros upon Joe is valid? Relevant Law When any contract is made amid an offeror and offeree by complying with all the essential elements in valid contract, then, the terms of such valid contract is imposed upon the parties and the parties are compelled to comply with such terms of the contract. Many times when an employer appoints an employee then he enters into an employment contract with such an employee the employer incorporates several terms and conditions to which an employee must comply with. One such term which an employee is obligated to comply with is the non-compete clause (Write v Gasweld(1991) 22 NSWLR 317. (Doherty, 2016) A non-compete clause is a clause which is made part of the employment contract and imposes restrictions upon an employee not to conduct any business activity which is similar to the nature of the employment in which he is employed with. The basic reasons as to why an employer incorporates such a kind of clause within an employment contracts are: (Tobin, 2012) To safeguard the goodwill of the company One of the main reasons for the implementation of the non-compete clause in employment contract is that the goodwill of the company in the market can be protected. When any employer has undertaken any business activity then a kind of good will is established by him. If the employee is permitted to undertake a business activity which is similar to that of his employer then the goodwill of the employers business is hampered which may also affect his business interest. Thus, incorporation of non-compete clause to protect goodwill is valid (HRX Holding Pty Ltd v Pearson[2012] FCA 161. To protect the legitimate interest when the non-compete if not implemented results in hampering the legitimate interest of the employer then in such situation the employer is permitted to incorporate the non-compete clause in the contract which allows the protection of legitimate interest and this policy of the law must be protected if the same can be achieved by relying on the non-compete clauses (Hanover Insurance Brokers Ltd v Schapiro[1994] IRLR 82. (Doherty, 2016) To maintain secrecy The clause can also be maintained to protect the secret and confidential information of the company, when an employee is working with the company then there are various information which are gained by such an employee and if such an employee is permitted to carry out another business activity which is similar to the business of an employer then the employee can exploit such confidential information for his own good which hampers the interest if an employer. Thus, upon these grounds, the incorporation if a non-compete clause is valid (Prime Creative Media Pty Ltd v Vranjkova and Motoring Matters Pty Ltd [2009] FCA 1030. But, if a non-compete clause is incorporated and the same is: Against the public policy The public policy of the country which is developed by the government of the country should not be hampered by the application of non-compete clause. If any public policy is hampered by such clauses then the clauses are invalid in law. Against the legitimate interest of the employee If by the application of non-compete clause the legitimate interest of the employee himself is hampered then such kinds of clauses is not valid. For instances, in the leading case Wallis Nominees (Computing) Pty Ltd v Pickett [2013] VSCA 24 a restriction is imposed on the employee for 12 months years till which the employee was not permitted to work in the similar business. The clause was held to be invalid as the duration was very long and is not within the legitimate interest of the employee himself. Is illegal If the non-compete clauses which is imposed upon the employee is illegal in nature the such kinds of clauses has no relevance in law. In such cases, the non-compete clause is not valid and is thus not enforceable upon the employee. The legal principles is now applied to the facts of the case. Application of Law As per the facts of the case, Frre Bros has employed Joe. As per the employment contract: The employment contract is for five years; Joe has agreed to provide his services exclusively to Frre Bros; Joe will not act in films for any other company during this period. However, in the very first year of the employment Joe has made a contractual relationship with Pretty Pictures. By applying the law of non-compete clause, it is submitted that Frre Bros is authorized to incorporated non-compete clause in order to protect his legitimate interest, goodwill and maintain secrecy of his business. In order to protect his interest, Frre Bros has incorporated a non-compete clause for five years. In the leading case of Wallis Nominees (Computing) Pty Ltd v Pickett (2013) it was held that normally a valid non-compete is such which is imposes restrictions upon the employee for a reasonable duration. A restriction which is beyond a reasonable duration is not valid. Such restriction is only valid when the employer can provide relevant proof to support the same. Thus, Frre Bros has imposed a restriction of five years which is very long and will ultimately hamper the legitimate interest of Joe as he will not able to work in any another company for five ling years. Thus, if not valid proof is laid down by Frre Bros, then the clause is not valid and Joe can work for any other company. Conclusion Since the restrain of five years is very long thus Frre Bros cannot rely on the clause unless and until valid proof of evidence is laid down by Frre Bros wherein he can prove that the restriction of five years is necessary to provide the legitimate interest of Frre Bros. Reference List Clark, J. (2012). Australian Contract Law. Agreement. (online). Available at: https://www.australiancontractlaw.com/law/formation-agreement.html. [Viewed on 15th September 2016]. Doherty, JC. (2016) Non-compete and restraint oftradeclauses inemploymentcontracts (online). Available at: https://www.fglaw.com.au/non-compete-employment/. [Viewed on 15th September 2016]. Lucke, H.K. (2016). The Intention To Create Legal Relations. (online). Available at: https://www.austlii.edu.au/au/journals/AdelLawRw/1970/1.pdf. [Viewed on 15th September 2016]. Moles, R Sangha, B. (1998) Consideration (online). Available at: https://netk.net.au/Contract/04Consideration.asp. [Viewed on 15th September 2016]. The Law Teacher. (2016). Capacity of the parties. (online). Available at: https://www.lawteacher.net/lecture-notes/contract-law/capacity-lecture.php. [Viewed on 15th September 2016]. Tobin, A. (2012). Australia: Protecting confidential information and business goodwill before, during and after the employment relationship (online). Available at: https://www.mondaq.com/australia/x/176144/Contract+of+Employment/Protecting+confidential+information+and+business+goodwill+before+during+and+after+a+business+relationship. [Viewed on 15th September 2016]. Case laws Australian Woollen Mills Pty. Ltd. v. Commonwealth (1954) 92 CLR 424. Balfour V. Balfour [1919] 2 KB 571 Beaton v McDivitt (1987) 13 NSWLR 162. Carlill v Carbolic Smoke Ball Company[1892] EWCA Civ 1 Cohen v. Cohen (1929) HCA 15. Empirnall Holdings Pty Ltd v Machon PaullPartnersPty Ltd (1988) 14 NSWLR 527. Hanover Insurance Brokers Ltd v Schapiro[1994] IRLR 82. HRX Holding Pty Ltd v Pearson(2012) [2012] FCA 161. McBride v. Sandland (1918) 25 CLR 69. Nash v. Inman [1908] 2 KB 1. Prime Creative Media Pty Ltd v Vranjkova and Motoring Matters Pty Ltd[2009] FCA 1030. Rose and Frank Co v Crompton [1925] AC 445 Roberts v Gray [1913] KB 520. Re Walker (1950) Turner v. Turner [1918] HCA 66. Write v Gasweld(1991) 22 NSWLR 317. Wallis Nominees (Computing) Pty Ltd v Pickett [2013] VSCA 24

Customer perception about brand reality free essay sample

1. Introduction: The retail industry plays a significant role in the development and growth of overall economy of a nation. In countries such as UK, retailers have positioned themselves in such a way that they are able to cater all types of customers’ needs and wants. (Economic Survey, 2012). The major retailers of UK are Tesco, Sainsburys, Asda, John Lewis, Marks and Spencer etc. Even when the country faced severe economic crisis, retailers invested in infrastructure and technology with a vision to grow in the long run by understanding and satisfying the demand of all groups of customers. This research aims to focus on subject of customer reliability in retail sector based on case study of Tesco plc and will show how this reliability has been used as a marketing technique by Tesco. This case study should be considering the Luton, UK branch of Tesco Metro. The study will correlate the reliability perception of customers and marketing strategy. Marketing is all about understanding customers’ needs and wants and then designing and delivering products and services at a profit in such a way that those needs and wants can be satisfied. (Kotler and Keller, 2011). Marketing strategy is a strategy adopted by an organization which allows it to use its available resources for the maximum satisfaction of customers’ needs and wants. There is a significant role of customers’ perception in relation to reliability in this marketing strategy. For the study, the researcher has selected the luton branch of Tesco Metro. The reason behind this chosen branch is the availability of data and information. The researcher has sound access to the manager of this Tesco branch and hence data is easily accessible. Marketing is very essential not only to retain existing customers but also to attract new and potential customers. Without effective marketing, it is not possible for any company to survive, prosper and grow in today’s complex and dynamic environment. Marketing continuously aims to improve the current market share of the company. (Boot, 2000). It should be noted that the days of black-box marketing have gone where companies just focus on mass production and mass consumption with the help of mass advertisement. Today customers are quite clever and hence marketing strategy should be effective enough to establish reliability and trust for the company among the customers. (Gronroos, 1994). In addition, long term bond and relationship with customers is quite essential in order to sustain and grow and companies use this relationship so as to achieve customers’ perception of reliability. (Baker, 2000). The external environment also forces a company to design and maintain a customer- focused strategy which can work in conjunction with reliability. In order to address this significant issue, Tesco introduced ‘clubcard’ scheme which is a customer reliability program in 1995. Since Tesco was a leading food retailer in UK, it was necessary for this company to understand the underlying importance of brand reliabilit y. Today this scheme has predominant impact on marketing function of Tesco and it influences its operations and procedures when it comes to customer loyalty. 1 (A). Research Aim and Objectives: The overall aim of this study is to explain and analyze the relationship between customers’ perception about reliability and the marketing strategy of Tesco at Luton branch. The influence of reliability perception on marketing strategy of Tesco shall be investigated. In order to achieve this aim, the objectives of the research are as follows: To analyze and investigate various theories, models and literature so as to find out the correlation between marketing strategy and reliability perception of customers. To examine the factors that enhanced reliability perception of Tesco customers and how their influenced Tesco’s marketing strategy. To recommend further courses of action which can be taken by Tesco in order to increase the reliability element in its marketing strategy. 1 (B).Research Questions: What are the key factors that influence customers’ perception about reliability in retail sector? How Tesco has responded to the reliability of customers in its marketing strategy? 2. Literature Review: Literature review is a significant part of any research project because it gives a stand to the study. It shows what previous academic and professional study has been done on the subject area and how the present research can contribute to that domain. (Saunders, Lewis and Thornhill, 2009). A research topic should be selected in conjunction with the available literature on that subject because it will support the thesis statement and will provide a base to carry forward the research in the future. Literature review of this study shall start with an introduction to marketing; it will then explain the concept of reliability and explain the various ways in which the customers’ reliability can be measured. The reliability framework shall also be discussed via relationship marketing and explain the different components of relationship marketing which help in building reliability. Literature review will further explain the issues related to reliability and relationship marketing. It is quite essential for a literature review to critically analyze the key components that have a direct impact on the research questions and objectives. In order to achieve this, literature review will explain trust, commitment, customer service, customer care, bond, sales offers etc. Bond can be developed on the basis of multidimensional attachments like psychological, economic, cultural, emotional or physical. (McCall, 2000). Modern marketing opines that effective bonding should be used by companies so as to bring buyers and sellers together. There could be social bonds, financial bonds, and structural bonds. (O’ Malley, 2003). It is important for an organization to form a bonding with customers and then turn this bonding into a reliable relationship. Trust is important to generate regular and repeat business and it goes on to build commitment. Customers can trust any brand or company only when it is able to satisfy their needs and demands on a regular basis. (Morgan and Symon, 2004). The mutual confidence can be increased by trust and so the reliability factor. At the same time, trust motivates customers to come to the business again and become loyal customers. It should be noted that sometimes when customers lose the trust in the business, they discontinue dealing with business and this adversely affects not only the current market share of business but its future growth as well. Commitment is having a direct impact on the marketing strategy of an organization because it prospers the reliability factor. (Morgan and Symon, 2004). When a  company fulfills all its commitments in terms of product quality, support, post sale services etc, a strong feeling of reliability develops among the consumers which prospers the growth and expansion of the company. Internal commitment within an organization is also quite important because it improves the overall performance and productivity level of the establishment. It also improves internal and external communication channels and builds goodwill of the organization. In retail, commitment matters a lot. Unless and until a retail organization fulfills all its commitments, it cannot grow in the long run and at the same time, its marketing strategy will not succeed. Customer service is the heart and soul of any business at the moment. No wonder customer service is able to provide exchange or refund of items even without the proof of purchase in retail organizations such as John Lewis, Debenhams, Tesco, Sainsburys etc. Customer service have a direct impact on marketing channel and strategy because when a company provides sound customer service, this practice acts as a marketing tool and hence, adds to developing the credibility of the company among the customers and public in general. Customer service is responsible for generating customer satisfaction and this helps in building reliability. Customer care is associated with customer relationship management and has a direct impact on the reliability factor. Customer care involves giving attention to all the business processes, tasks, and internal operations etc. which have impact on the customer. For example, if care has been given on packaging of goods, it will add to the health and safety and hygiene standards and hence ultimately benefit the customer. Care also shapes and determines the reliability of customers. Various sales offers are being promoted and practiced not only to attract buyers and sell goods at a fast speed, but also to build strong relationship with customers. Sales offers are formulated and designed by giving due consideration to the specific needs of all groups of loyal buyers. Sometimes sales offers help organizations to get rid of stock which is not getting sold whilst maintaining a sound image in the eyes of customers. Loyalty programs act as a marketing strategy and generate regular business. They also help in maintaining reliability and trust with the customers because they start to think that the company cares for them and provide them the required products and services at a discounted price. Hence, in order words, customers think that their loyalty is being  acknowledged and rewarded. 3. Research Methodology: This part shall cover the various research methods deployed in conducting the research. The feasibility of all selected methods shall also be described along with the reason that why a particular approach has been selected. A brief description is as under: Nature of study: Descriptive, Bit explanatory, Bit prescriptive. Research philosophy: Interpretive Research approach: Inductive Research Strategy: Case study based strategy Primary data collection methods: Semi-structured interview and Questionnaire Secondary data collection methods: Books, Internet websites, Journals etc. Sampling: Judgmental Sampling   Ethical Considerations: This research shall take place only after approval from the concerned authorities of Swansea Metropolitan University. The data gathered shall remain confidential and the privacy of respondents will not be invaded. Respondents shall be free to leave the research at any time they want to. In addition, this research does not involve any animals. The research project developed shall not be shared by any third party and will be used only for academic and university purposes. 4. Data Findings and Analysis: The collected data shall be presented in a proper systematic way so that it will be easily understandable by the readers. Detailed explanation of the response generated will be presented in form of tables, pie-charts etc. The researcher will make sure that any personal bias or opinion should not influence the analysis and discussion. In addition, SPSS analysis could also be implemented as a tool to compare the obtained data. This will follow by a detailed conclusion which shall highlight the key components of the chapter. 5. Conclusion and Recommendations: This chapter will present the overall summary of the research project. It will give individual conclusion on all the objectives set for the research. Strong reasoning and backup from primary and secondary data will be provided in order to support the stated conclusions. Moreover, this chapter will also  give a recommendation to the selected company which will help it to improve its future operations and processes and will also provide a base for further research and discussion. Certain limitations which have been faced by the research in conducting the research project will also be discussed in brief in this chapter after the recommendations. The research project shall end here. Furthermore, References, Bibliography, and Appendices will be presented in a formal and acceptable manner. All the sources used directly in the construction of the project shall be included in the References section. The Bibliography section will show any background reading which have any influence on the project. Appendices will show the questionnaire and interview.

Essay Topics - The Things to Know About Essay Topics

Essay Topics - The Things to Know About Essay TopicsThe thing with essay topics is that they tend to change on a daily basis. No one can anticipate the changing trends in essay writing and there will always be more or less essay writing subjects available. This means that there will always be a need for the use of essay topics in your essay.Whether you choose to make use of a topic in an essay or not, it can be used as a tool to inspire and inform a reader. When done properly, a topic will create a dialogue between the writer and the reader, and the article will flow easily as a result. When writing an essay that is to be an essay, be sure to not rely on your topic to do the work for you. You must write the essay and be able to organize the ideas into coherent paragraphs.Essays are always very personal. Therefore, when thinking about topics, think about the topics that interest you and that the readers will get a good idea about what you have to say. By writing an essay, it can give the reader something to relate to that will show why they should trust your statements.These essay topics should come from your own experiences, passions, and emotions. However, make sure that your topic has a direct correlation to the topic of the essay. This will help you to find common ground, which is important in writing a successful essay.However, don't jump into writing and suddenly a topic will be there. Stick with your topic first and then build up your ideas over time. Consider the questions posed by the reader, and follow their lead when outlining the topic.Some people wonder why essay topics don't just simply come naturally. The fact is that essay topics are generally chosen by the writers. So no matter what the topic is, the writer can have a good idea as to what type of essay they want to write.Essay topics that are short are also good. It can help a reader to catch on fast as they read through your essay. Having a shorter essay helps to keep the reader's attention and avoid them getting bored.Keep in mind that you may not have a lot of essay topics available. You may even find yourself with too many subjects to choose from. It is also recommended that you consider some areas that you feel you have a passion for and write about them.

Hate Crimes Essays - Racism, Discrimination, Hate Crime,

Hate Crimes Fear, anger and frustration. These are three themes that run throughout all hate groups. Most hate groups form during times of economic hardship or social change. Certain groups of people begin to blame another group for the reason of a major social or economical change. After the Civil War, the South suffered from both economic hardship and drastic social change. For centuries, the south had relied on slaves to harvest crops at plantations. When the slaves were freed, the plantations weren't being worked on anymore, causing the owners to loose a lot of money. When this happened, six former Confederate soldiers started a hate group called the Ku Klux Klan. During the post-Civil War era, the Klan was very popular among southern whites. Their ignorance was feeding the fire that blacks were the root of their problem, when in reality the white's ignorance is the root of their own problems. The Klan has since died down and risen numerous times with the start of many social changes such as the women's rights movement (1920's) and the civil rights movement (1960's). Another large and devastating hate group is the neo-Nazis. These working-class people blame all immigrants for taking jobs away from the whites. Their ignorance pushes them so far as to violently attack and kill blacks, Jews, Hispanics, Asians, and homosexuals. Hate crimes can happen anytime, anywhere. In a small Texas town of Jasper, Texas, 3 white men are under heavy guard after being accused of a murder of an innocent man. Shawn Berry,23, Lawrence Brewer,31, and John King, 23, allegedly members of the extremist Aryan Brotherhood, dragged a black man to his death behind a pick-up truck, ripping his body to pieces. James Byrd, Jr., a 49 year-old, former vacuum cleaner salesman disabled by an arm injury, was walking home from a party celebrating the wedding of his niece, when he was picked up by the three white men, who offered him a ride. According to Berry, who informed on his two companions, they drove to an isolated wood, and King was alleged to have said that he was ?fixing to scare the s**t out of that n****r.? James Byrd was beaten and kicked by the three white men. Seemingly unconscious, he was chained by the ankles to a hook on the back of the truck, which then pulled him about two miles along a narrow, winding asphalt road. His belongings, a wallet and keys, were scattered in his wake, along with dentures and parts of his body. The torso was found in a creek. Close by, empty beer cans were scattered on the grass. James Byrd's head, neck and right arm were discovered a mile away. Hate crimes are not always committed against minorities. In Las Vegas, two Anti-Racist Action members were murdered. According to reports in the Las Vegas Review-Journal and from Anti-Racist Action in Columbus, the bodies of Daniel Shersty, 20, and Lin Newborn, 25, were found in the desert 150 yards from each other. The bodies were located in an area of the desert known for a place where Nazis target shoot. The two men were murdered in execution style slayings. Sometimes these horrible crimes occur within one's own family. On the night of March 5, David and Bryan Freeman decided it was time to act. Time to act on the new beliefs they had learned. Time to prove to their new friends that they were real soldiers of the racial war they were told was coming. On that Sunday night, hate came to the Freeman house. The boys, ages 15 and 17, ambushed their mother in the downstairs hallway, stabbing and clubbing her until she died. Then they went upstairs and did the same to their dad while he lay in his bed. Their little brother Erik, 11, was asleep when the older brothers entered his room and beat him to death as well. What would make people commit such horrendous crimes such as these? Why don't you ask Mark Thomas, a fascist organizer who operates a ?ministry for racists? in eastern Pennsylvania. It was at this ?Aryan Nations of Pennsylvania? where the Freeman brothers were taught by Mark Thomas that it was O.K. to hate. The brothers, along with hundreds of others attended a Hitler Youth Festival last April where Mark Thomas taught them weapons skills on a rifle range and other things of the sort. As a self declared reverend, Mark Thomas teaches a twisted religious known