Grocery, Inc. Essay Example for Free

Grocery, Inc. Essay Grocery, Inc. is a retail grocery store chain based in Any State; U.S.A. Grocery has stores throughout the United States. Grocery has written contracts with many different vendors to purchase the products they sell in their stores. Vendors range from individuals to international corporations. Tom works as the produce manager for the store in My Town, U.S.A. Jeff, 17 years old, is spending his summer vacation working for Tom in the produce department. A.) Does Article 2 of the Uniform Commercial Code (UCC) apply to the contracts between Grocery and its vendors? Do common law contracts apply? Explain, in detail, why or why not. Your answer should compare and contrast common law contracts and UCC Article 2 contracts. Yes Article 2 of the UCC does apply to the contracts between Grocery and their vendors. Article 2 applies to all contracts for the sale of goods (2-102). The code contains a somewhat complicated definition of goods (2-105); the most important thing to understand is that the term goods means tangible personal property. Article 2 does not apply to contracts for the sale of real estate or stocks and bonds and other intangibles. The drafters of the code also tried to promote fair dealing and higher standards of behavior in the marketplace. They attempted to do this in several ways in Article 2. The Code imposes a duty on everyone making agreements under the Code to act in good faith (1-203). The Code also imposes certain standards of quality on sellers of goods as a matter of law. Common law contracts would also apply to the Grocery and their vendors, due to the mixture of goods and services. Common law would apply to the service element that is predominant in the contract with regards to the delivery of the goods. (Barnes, J). The difference between Article 2 and common law is that if the contract is for the sale of goods then Article 2 would apply, if it is not then the principles of common law under contracts would apply. Article 2 reflects an attitude about contracts that is fundamentally  different from that of the common law. The Code is more concerned with rewarding peoples legitimate expectations than with technical rules, so it is generally more flexible than traditional contract law. A court that applies the Code is more likely to find the parties had a contract than a court that applies contract law (2-204). In some cases, the Code gives less weight to technical requirements such as consideration than is the case in contract law. (Barnes, J). B.) Grocery contracted with Masterpiece Construction to renovate the store on Main Street in My Town. Masterpiece, unable to complete the renovation within the six month time limit due to a sudden increase in jobs, sub-contracted the entire job to build them to fall. Grocery was unaware of the sub-contract. When Grocery realized (due to poor quality of work) that Build, not Masterpiece, was handling the renovation, Grocery petitioned the court for an injunction and then sued Masterpiece for breech of contract and specific performance. Masterpiece argued that it had a right to delegate the duties of the contract, or in the alternative, to discharge the contract due to commercial impracticability. Who wins? Explain your answer. Based on the information provided by Grocery would win the case based on breech of contract and specific performance. Under breech of contract, promissory must perform their contractual duties in the manner they have promised to perform them. Since Masterpiece did not perform the duties in the manner in which they promised they are liable for breech of contract. The courts recognize that there are three basic degrees of performance: complete or satisfactory performance, substantial performance, and material breech of contract. (Barnes, J). A contract consists of both rights and duties. A contracting party has the duty to perform his or her own promise and the right to receive the other partys promised performance. These rights and duties can usually be transferred to third persons. When rights under a contract are transferred, this is called assignment. The transfer of duties is called a delegation. Not all contracts are assignable  over the objection of the promissory. The promissory who delegates duties is still liable to the promise if the party to whom the duties were delegated fails to satisfactorily perform them. This would make Masterpiece liable for the quality of work that Build them to fall produced for Grocery. The only exception to this rule would have been if the parties had entered into a novation which is a new, separate agreement by the promisee to release the original promissory from liability in exchange for a third partys agreement to assume the promisors duties. As for Masterpieces claim that they had a right to delegate the duties to Build them to Fall under commercial impracticability they would have to show that unforeseen conditions would have caused a delay or inability to make delivery of the goods (make performance impracticable), then they would have been able to claim commercial impracticability. In the absence of compelling circumstances, the courts do not readily excuse parties from their contractual obligations, particularly where it is clear that the parties anticipated a problem and sought to provide for it in the contract. Since Masterpiece had contracted to perform the work for Grocery and then had a sudden increase in jobs this would not be considered compelling circumstances for sub-contracting the job to a company that would perform a poor quality of work. C.) At the end of the summer, Jeff had earned enough money to put a down payment on a car. He decided to continue working part time during school to earn money for the car payments. Jeff purchased a car from Steve at the local used car lot. Steve did not ask Jeff how old he was; but assumed he had reached the age of majority. Jeff paid the down payment and signed the contract stating that he would make payments of $200 each month. Six months later Jeff lost his job and could no longer make the payments. Jeff took the car back to Steve and said he wanted to cancel the contract and that he wanted his money back. What are the possible outcomes? Explain your answers. Jeff was a minor at the time of the contract. Therefore, Jeff is considered not to have the capacity to enter into contracts. Steve made the deal in good faith that Jeff was old enough to enter into the contract.  Unfortunately, the contract is voidable. Jeff was correct that he could disaffirm the contract. And upon the disaffirmance, Jeff had to return the vehicle to Steve. Even though the right to disaffirm a contract was meant to protect minors, some states have rejected that idea because that view creates a hardship on the adult involved. Under the case of Dodson v. Shrader, 824 W.2d 545 Tenn. Sup. Ct. 1992), Steve would be allowed to recover the depreciation of the vehicle from the monies that Jeff has paid. Especially considering the fact that Jeff has had the vehicle for six months or more. The states defer on the idea that the minor needs to be reimburse the innocent adult for dealing with the minor. However, many times minors can pass as adults at approximately 14 years of age and up. Minors also get fake IDs to get things like buying beer. Therefore, by allowing the minor to get away with not paying the debt he or she willing entered or lied to the adult to sign a contract, is not in the best interest of society to allow the minor not to suffer the consequences. Therefore, holding the minor responsible for his or her actions is one way for the minor to learn responsibility. D.) Grocery has a written contract with Cereal, Inc. to purchase 20 cases of cereal per month at $22 per case. The contract does not state the types of cereal or how the 20 cases will be divided up between Grocerys 20 stores in Any State. After a flood, Cereal suffers severe water damage in its warehouse. With the exception of Soggy Flakes, Cereal does not have enough undamaged cereal to comply with its Grocery contract. On the day delivery was due, Grocery receives 10 cases of Soggy Flakes at the three stores located in My Town and two stores in Your Town. Twelve days before delivery was due, Grocery had requested, by facsimile, that 15 cases containing a variety of cereals be delivered to the five stores listed above with the remaining five cases going to Grocerys warehouse in Corp Town. Grocery wants to reject the shipments of Soggy Flakes and cancel its contract with Cereal. Discuss Grocerys rights under contract law. Cereal argues that based on the gap-filling rule, it had the right to modify the terms of the  contract. Analyze the gap filling provisions of UCC Article 2 as they pertain to the terms of this contract. What rights and/or defenses, if any, does Cereal have under contract law? Analyze the remedies available to Grocery and/or Cereal. Explain all answers in detail. Grocery has the right to reject the shipment. Grocery has to notify Cereal that the shipment was not adequate and is being rejected pursuant to Article 2-602. The notice must be accomplished within a reasonable time and preferably in writing [Article 2-602]. Grocery has the right to reject the shipment and cancel the contract.. However, Cereal must notify Grocery that due to unforeseeable circumstances, the shipment will consist of Soggy Flakes and only ten cases of cereal will be delivered. Cereal must notify Grocery that Cereal intends to replace the shipment within a reasonable time (gap-filling rule). However, under the circumstances, Cereal may not know how long Cereal may be without the correct product. Furthermore, Cereal needs to decide what it wants Grocery to do with the product (whether to sell the product, destroy the product, or store the product for later pick-up). Grocery does not have to pay for return shipment. If Grocery feels that Cereal cannot meet the obligations incurred, Grocery can demand an assurance that the contract will be performed. If the assurance is not forthcoming within 30 days, then Grocery can repudiate the contract [Section 2-609]. If Grocery later decides the Cereal can meet the terms of the contract, Grocery can decide to continue wit the contract if Cereal can show that Cereal intends to meet the obligations of the contract. E.) Tom spent his time away from work on his hobby, model trains. His train set was very large and consisted of rare and one-of-a-kind trains. One day, while visiting with a fellow train hobbyist Harry, Tom said, When I retire in two years from Grocery, Im going to sell my trains and spend the rest of my years traveling on real trains. Tom then told Harry that he was the only person he planned to offer his trains to because he knew Harry would take good care of them. Harry said he looked forward to the day when he could buy the trains. Harry then spent the next two years and most of his savings  building a new 2,000 sq. ft. room onto his house to make room for the trains. When Harry told Tom that he was building the new room, Tom just smiled. Tom also heard that Harry had borrowed money from his aunt to buy the trains. When Tom retired, he sold his trains to David. Harry sued Tom claiming breach of contract, or in the alternative, for promissory estoppels. Who wins? Explain your an swer. Although Tom and Harry did not have a written contract about the purchase of the trains, they did have a verbal contract. Breach of contract is described as any failure to perform that is not excused (Mallor, Barnes, Bowers, Langvardt, 2004). When Tom told Harry that Tom would sell his trains to Harry, Harry had the reasonable expectation that Harry would receive the trains. Harry then spent a large amount of money building an addition to his house in order to have room for the trains. Harry also had borrowed the money to purchase the trains from his aunt. Promissory estoppel is an equitable doctrine that protects those who foreseeably and reasonably rely on the promises of others by enforcing such promises when enforcement is necessary to avoid injustice, even though one or more of the elements normally required for an enforceable agreement is absent (Mallor, et al, 2004, glossary). In this case an injustice to Harry did exist because of the money he spent in building onto his house and expectation he had of receiving the trains. Harry wins the case based on the recognition of promissory estoppels in section 90 in the first Restatement of Contracts in 1932 (Mallor, et al, 2004, 338). The court would see the injustice to Harry by Tom failing to fulfill his promise to sell his trains to Harry. F.) Jason shipped a truckload of peaches from his orchard to Grocery using an independent trucker. In route, the truck broke down and the shipment was delayed three days. The peaches were spoiled when they arrived. The terms of the contract were F.O.B. Who bears the risk? Explain your answer. F.O.B. (Free on Board) means the seller is responsible to deliver the goods  free of expense and at his own risk to the designated place of delivery. In this case Jacob was responsible for the shipment until it reached Grocery. Grocery would be able to file a suit against Jason for damages. Jason would, however, be able to file a suit against the independent trucker for the damages to the peaches. This case is similar to the case in the textbook Windows, Inc. v. Jordan Panel Systems Corp. In this case, however, the term FOB is not used. The windows were to be properly packed and shipped, but were damaged due to load shift during transport. The buyer, Jordan, expected to receive the windows in good condition, ready to install. When the windows were delivered in bad condition, Jordon filed against the trucking company and did not pay Windows for the order. Jordan then ordered a duplicate order to be shipped that Jordan received with no problem. The error in this case was that Jordan did not pay Windows for either order and Windows had to file suit against Jordan in order to be paid for the shipments. Judgment was affirmed in favor of Windows. G.) Discuss the different warranties that apply to Grocerys business. Explain your answer in detail. Grocerys business operates under the implied warranty of merchantability. This warranty is one that the legal community has created, not one that is operating under a written or accepted contract. The warranty operates under UCC section 2-314(l) . Section UCC 20314(l) reads: [A] warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. (Mallor, Barnes, Bowers and Langvardt, 2007). Under this warranty, Grocerys implied warranty is that the products sold will be useable for the purpose intended. Grocery would be held responsible for products like canned goods, meats, bakery items, and the like because Grocery is in the business of selling these goods. Section 2-314 states the products must meet the following criteria. (1)In the trade, the product must pass inspection without objection. (2)The product must be fit for the purpose for which the product wasintended;(3)The product must be of even kind, quantity (same size unit), and kind (like boxed cereal). (4)The product must be adequately packaged and labeled (must list things like the calories per serving). (5)The product must conform to the packaging and labeling regarding any promises or statements that may be stated (the cereal must be Rice Krispies and not Cheerios if the box is marked Rice Krispies). (6)If a product is perishable, the product must be of fair quality. If goods do not conform to the above standards, a consumer may pursue legal remedies. Goods that do not function as intended are not merchandisable and would not meet the above standards. Furthermore, Grocery would be responsible for the goods sold at the store, not for computer products since the normal business of Grocery would be for canned goods, bakery items, meats, and the like. H.) Supplier Inc., a large wholesaler, had a contract with Grocery. Supplier sued Grocery for breach of contract when Grocery failed to place an order for goods by a specific date as specified in the contract. Each order was worth at least $550. Grocery contended that the contract Bill Green signed was a standard preprinted supply contract without specifics regarding time of order and quantity. Green had authority to sign a standard supply contract, but could not authorize specific terms. This was unknown to Supplier. Supplier argued that terms were boilerplate and therefore could be modified by acceptance. Supplier offered oral testimony at trial to prove that Green agreed to the modifications. Is there a contract? If so, what are the terms? Explain your answer. 1. Yes, there is a contract. The contract that Green claims to be a standard  preprinted supply contract and Suppliers claim can be modified by acceptance. 2. The terms are that Grocery was supposed to purchase goods by a specific date. 3. Each order is worth at least $550. a.) Also, discuss the use of Suppliers oral testimony at trial. 1. The use of Suppliers oral testimony can go either way. Oral testimony can be very effective if Supplier can prove that what Supplier is saying is true. Oral testimony can also be detrimental to Suppliers case if it is proven that Supplier is lying. 2. Presenting to the courts and the jury that the copy of the actual contract is always a good idea. It will be up to the courts to decide if the original contract stands or if it is void. References Edition e-text] Prentice-Hall Publishing. Retrieved August 25, 2005, from University of Phoenix, Resource BUS/415-Business Law Web Site:https://ecampus.phoenix.edu/content/eBookLibrary/content/eReader. Mallor, J.P., Barnes, A.J., Bowers, T., Langvardt, A.W. (2007). Business law: The ethical, global and e-commerce environment, 13e. The McGraw-Hill CompaniesUniversity of Phoenix. (Ed) (2005). Business Law [University of Phoenix Custom]

Bureaucracy in Pakistan by Charles H. Kennedy | Review

Bureaucracy in Pakistan by Charles H. Kennedy | Review BOOK REVIEW Suhai Aziz Book: Bureaucracy in Pakistan Writer: Charles H. Kennedy Published by: Oxford University Press Published in year: 1987 INTRODUCTION OF AUTHOR Charles H. Kennedy has served as director of American institute for Pakistan studies for 13 years. Book Bureaucracy in Pakistan is product of writer’s seven visits spread over a period of 39 months in Pakistan. Mr. Kennedy has written and co-authored more than 18 books on political set up of south asia. He is also credited with writing several papers both published and unpublished on same subject. His other academic interests include the issues of political Islam, and in US foreign policy with respect to the Middle East and South Asia especially pertaining to Pakistan, Bangladesh, Afghanistan, the Palestinian-Israeli conflict, and Iraq.[i] Writer’s enormous experience guarantees credibility of his work Bureaucracy in Pakistan. Intended Audience: Government machinery International audience (personnel of foreign office) Students of political science Bureaucrats SUMMARY OF BOOK This book is about the dominance of bureaucratic institutions and polity over other institutions and political cultures in the country. Author has described the evolution of bureaucracy in the country keeping in the context of political changes and their aftermath. Impact of Bhutto’s reforms on civilian bureaucracy and political environment behind that are discussed in detail. Writer has substantiated his opinion stating the fact that it is the elite class that has ruled Pakistan from its very beginning. AUTHOR’S CONCLUSION The author in this book has attempted to explain the prime structure, evolution, reforms, and consequences of political interventions and impact of these factors on the state of Bureaucracy. Author has maintained a very pragmatic and realistic approach in description and analysis of early bureaucratic state and structure along with functioning of the government. Various cadres, posts and groups of service have been discussed in detail. Kennedy has tried to explain preferences that have always remained in the Civil Service leading to inter-group interaction-whether positive or negative. The contents of the book are spread over a period beginning from pre independence era up till Bhutto’s reforms where in the quota system and cadre abolition has been discussed that was introduced during the tenure of Prime Minister Zulfiqar Ali Bhutto. However, Post Bhutto reforms have been discussed in more detail and have been accorded most of the space in the book. Author has stated reasons f or strength of bureaucracy in the country. According to him, one of the many reasons for strengthening of bureaucracy during the initial phases of this country after the independence was that the reins of power were in hands of a Governor General and a Prime Minister who were themselves former bureaucrats. In addition to that Pakistan had inherited a powerful colonial tradition that could not be effaces or blurred and was adopted keenly. Symbiotic relationship in the interest of the nation between politicians and bureaucrats could not materialize as a result of disparity and disproportion of power among them. The issues related to bureaucracy which have ardently been questioned by the Author are given below: Nature and extent of authority of a Minister compared to that of a Secretary to the Government is apparently lesser. This is a result of appointment of Ministers who are politically strong but administratively weak and that the tenure assigned to them is relatively short and uncertain when compared to that of a 21 Grade officer. Preference for generalists. The author argues that general recruitment without requirement of specialization in the administrative domain leads to recruitment of generalists who may have performed well in academics but later fail to deliver when put in a position of administration. Similarly, the author has questioned the fact that DMG despite being a group with no specialization in any field enjoys privilege, commands respect and is accorded high posts in echelons of power. Apart from that Professor Kennedy has also discussed hurdles in the way of technocrats such as preference for generalist groups, norms and practices of bureaucracy and mind set which considers technocrats to be naà ¯ve administrators. Cadre system that was introduced some 200 years ago was adopted by Pakistan with some minor modifications. This system compels officer of any group to remain within the ambit of that particular group for rest of his life. In his opinion, aforementioned points have retarded the process of Administrative reform, have contributed to administrative efficiency and have encouraged political intervention. Professor Kennedy has discussed rationale behind Quota system in detail. When Pakistan came into being, the higher percentage of Civil Servants comprised of immigrants from Indian state of U.P and Pakistan’s province of Punjab. Where as majority of Pakistan’s population lived in its eastern wing. Representation of Sindh, then N.W.F.P, Baluchistan and former Eastern Pakistan was fairly low. It was the success of Quota system that representation of provinces became proportionate to their populations. The author has rephrased the Administrative Reforms of 1973 as â€Å"Personnel Reorganization† aimed at weakening the position and power of CSPs. He explains that these reforms were a result of negative public opinion formed over a period of time due to inefficient performance and the belief that as CSPs acquired high posts in the Government machinery thus they were to be held responsible , envy and hatred that had developed over time in the heart of other non CSP bureaucrats and political ambition to abolish the authority of CSPs. He explains that as Cadre system was transformed into Occupational Groups it did not affect much other than change in nomenclature. CRITICAL ANALYSIS: Although it is a fact that bureaucracy is quite strong in the country but it does not have enough power to derail democracy on its own. Whenever democracy is threatened, bureaucracy has played the role of ancillary partner and not the main culprit. There are other institutions which can be fittingly blamed for subversion of democracy. Thus the writer’s claim that bureaucracy is stronger than democracy in Pakistan seems to be an exaggerated notion. Apart from that research conducted by author is rigorous and contains analysis of around 50 tables and of several research papers. Pre-reform environment stated by author is also well articulated. Issues are discussed in context prevalent at that time e.g. the quota system is discussed in terms that were important back then. In present day scenario quota system is not regarded in the same spirit. RECOMMENDATIONS: Sequel of book should be published to address the impacts caused by devolution plan. A glossary of bureaucratic terms should have been added to help readers understand better. This book can be recommended to general public and CSS exam aspirants for better understanding of country’s bureaucratic set up. SYNTAX OF CONTENTS: Author has well followed time scale in describing all the events that have shaped the norms of bureaucracy. References are given properly in endnotes. Arguments are substantiated with the help of tables, charts and illustrations. [i] http://college.wfu.edu/politics/faculty-and-staff/faculty/charles-kennedy/ Music: the International Language Music: the International Language Music: the International Language Music is a part of people’s lives from all around the world. It has been around for at least 50,000 years and most likely originated in Africa (Wallin, et al. 1). There are several distinct genres of music. The most recognized forms in the western hemisphere are: classical, jazz, rock and folk, as well as others which are essentially branches from the four previously mentioned. Many career options exist for those wishing to pursue music, many of which require one or more scholastic degrees. In music, there are a plethora of diverse structural forms in which music is composed. A structural form usually describes the order the â€Å"sections† in a piece of music are written. Without composers, there would be little music today. Most composers have a unique style that they write in that can be identified by anyone with a trained ear. Music is constantly in an evolutionary state, and the music industry changes to reflect that. The future holds endless possibilities for the social and economical effects of new music. Musical notation was not always nice printed symbols arranged in an easy to read format. The Greeks were the first to implement a system for translating written work into sound. However this system made it difficult for someone to imagine the melody, and was extremely difficult to reproduce, and there were usually many errors on copies. The Romans used the first 15 letters of the Roman alphabet above the applicable words to determine pitch with the first letter as the low pitch and the 15th letter as the high pitch. Neuma, or Neumes, is a very peculiar notation used mostly by 6th to 12th century ecclesiastical writers. Deciphering this notation is essentially guesswork due to the number of variables affecting the sounds. (â€Å"Changes in Musical Notation†). Of all the genres of music, classical is the most distinct. It usually includes string instruments, French horns, and trumpets, as well as others. Rock music or â€Å"devil music† as some people refer to it, has bec ome increasingly popular around the world since its inception in the mid 1900’s. This type of music is known to use electric guitars, drum kit, and vocals. Jazz also uses those instruments, but in a different way. In a typical â€Å"big band† jazz orchestra, there will be five saxophones, four trombones, four trumpets, a pianist, a drummer and a guitarist. The jazz style is quite different from that of other types of music. Normally, the first and third beat of a four beat measure are emphasized, in jazz the second and fourth beats are emphasized. In music, there are many formal structures (the way sections of a piece repeat) in which songs are written. Sectional form is a mixture of short chunks of a piece (DeLone. et al. 87). Vocal music often employs the use of the strophic form, which repeats the same section over again (AA†¦). Binary form, as the name might suggest, has two different sections played in succession (AB) or one repeated and then the other repeated (AABB). Similarly to binary form, chain form has three or more sections played in succession (ABC) or (AABBCC). Ternary, or tertiary form, similarly to binary form has two different sections, the difference being there is a â€Å"B† section sandwiched in between two â€Å"A† sections (ABA). Arch form has three different sections, one â€Å"C† section in between two â€Å"B† sections, which is then in between two â€Å"A† sections (ABCBA). Finally, rondo form, which comes in two varieties: symmetrical and asymmetrical. Symmetr ical form is (ABACABA) as asymmetrical form is (ABACADAEA) (â€Å"Musical Form†). There are many fun and rewarding careers in music many of which involve working with an assortment of creative individuals. Composition, the art of writing music, is one of the more difficult, yet also more rewarding choices, although it is hard to make a living as a composer unless the utmost dedication is displayed. Teaching others music, either by instruments, theory, or otherwise, is an occupation in high demand around the United States (â€Å"Bachelor of Music†). Musicians are the key element of music, without them there would be no live music. Music therapy is one of the less known musical vocations. Music therapists help people with mental illness or disability by using music (â€Å"Careers in Music Therapy†). There have been many great classical composers, each with his or her own identifying characteristics in their writing. Johann Sebastian Bach is known for never leaving pauses in his music. However, George Frideric Handel writes so that there are moments where no notes are played (grand pause.) Mozart has written over 600 pieces of music, all of which were written in one draft. Music is all about sound, and for a mostly deaf man, Ludwig Van Beethoven is quite an accomplished composer. The music industry is generally defined as â€Å"the businesses and organizations that record, produce, publish, distribute, and market recorded music† (â€Å"Music Industry†). There are four major record companies or â€Å"labels,† Sony BMG, EMI, Universal and Warner. In 2005, Universal dominated the United States market with a 31.71% market share. In a close second came Sony BMG with 31.71%. Warner firmly holds third with a solid 15% market share, leaving EMI to clean up with the remaining 9.55%. Independent labels cover18.13% of the US market, but there are many independent companies and none of which hold a candle to he â€Å"big four† (Cashmere). Music artists and record companies alike make most of their money from music sales, but with the rise of peer-to-peer file sharing networks, it has been increasingly popular to illegally download or, pirate, stolen music. According to the American Federation of Musicians, gross revenue for music drops about 20% annually due to piracy. In reaction to the horrifying statistics the Recording Industry Association of America or, RIAA, has taken a number of steps to fight internet piracy. One of their goals is to inform the public of the repercussions music piracy has on the individuals who earn a living from legitimate music exchange (â€Å"Online Music Piracy†). Jazz is the only style of music native to the United States of America. It is clear that many other genres thought to be â€Å"truly American† are actually just bits and pieces from the musical traits of other cultures. Jazz music is brimming with improvisation solos, where a musician is usually given a chord progression also known as â€Å"changes,† and the musician plays notes in the scale of the key given at the specified time. Although the ink on the page may say to play in C7 one could just as well play in Cm in stead. Jazz is also not bound to the â€Å"limitations† of other forms of music and will not always be cut up into easy-to-identify sections. One thing almost all types of music have in common is scalability, for example, there could be a single saxophonist playing â€Å"Harlem Nocturne† on a street corner, or there could be an 18 piece big band orchestra playing the same song in a concert hall. The same applies to classical music, but it is m ore common to see a street musician playing jazz than classical music. The invention of solid-state electronics brought on many changes. The music world was affected when someone figured that if you make a keyboard and set it so each key you press produces a different frequency at a line level current and run it through an amplifier, there will be an electronic piano-style keyboard! This device later became known as the analog synthesizer and was used in many performing bands. Several years later, digital sound synthesis technology made it possible to have hundreds of different â€Å"patches† on a keyboard, eliminating the need for expensive sound modules for analog synthesizers. Today, both technologies are used, but analog is mostly just used and built for historical and experimental purposes. Every kind of music requires an instrument, be it human vocal cords, a bassoon, or a microchip, at least one instrument is required. There are three types of â€Å"traditional† instruments. Brass instruments are devices in which sound is made by pressing the lips to the large end of an almost conical mouthpiece and buzzing the lips whilst blowing. Instruments requiring no buzzing are referred to as woodwinds. The sound can be made either by a single reed, where the player places the top front two teeth on top of a tapered mouthpiece and presses the bottom lip over the bottom teeth contacting the reed and blowing so the reed vibrates in between the mouthpiece and the bottom lip. A double reed instrument has no mouthpiece, only two reeds that are pointed together at the end. The third form of woodwind sound production entails placing the lips one the near side of a hole in the mouthpiece and blowing air over the gap, just like making a glass bottle whistle. In music, there are two categories, one for the high society, and one for the low society. The high society music is that of the classical, baroque romantic and other such eras, are usually preformed in formal venues. In contrast, the low society music such as jazz, rap and hip hop could be preformed in places where formal etiquette is not present such as a casino, night club or parking lot. It is apparent that the average audience member of a classical performance will have an income higher than that of an audience member from a hip hop concert. By analyzing this data, musicologists have concluded that the class distinction is not related to the music itself, rather, the crowd associated with that type of music. Works Cited â€Å"Bachelor of Music.† â€Å"Careers in Music Therapy.† Cashmere, Paul. â€Å"Universal Is The Biggest Music Company of 2005†. â€Å"Changes in Musical Notation.† DeLone et al. Aspects of Twentieth-Century Music. Englewood Cliffs, New Jersey: Prentice-Hall. â€Å"Music Industry.† â€Å"Musical Form† â€Å"Online Music Piracy.† Wallin, Nills L., et al. The Origins of Music. MIT press, 2001. The impact of sexual assault: Issues in social work The impact of sexual assault: Issues in social work Sexual Assault Abstract Sexual assault is any sexual activity to which you havent freely given your consent. This includes completed or attempted sex acts that are against your will. Sometimes it can involve a victim who is unable to consent. It also includes abusive sexual contact. It can happen to men, women or children. Most people feel that sexual assault occurs when you don’t know the person but that not so, it can be a friend, family member, or a co-worker. â€Å"According to the National Center for Injury Prevention and Control. Nearly 1 in 5 (18.3%) women and 1 in 71 men (1.4%) reported experiencing rape at some time in their lives.† â€Å"Approximately 1 in 20 women and men (5.6% and 5.3%, respectively) experienced sexual violence other than rape, such as being made to penetrate someone else, sexual coercion, unwanted sexual contact, or non-contact unwanted sexual experiences.† When it comes to sexual assault, most people don’t want to talk about this because they don’t want to re-live that time in their lives. Most people want to push it in the back of their minds as if it didn’t really happen. Being sexual assault can lead to many different feeling causing a person to become physically, emotionally, and mentally disturbed. Women are more likely to be assault than men because most women don’t want to talk about what happen because they are afraid no-one will believe them. Most women don’t report what has happen to the police because they are afraid nothing will happen so they just keep quiet and keep it bottled up inside. Each year in the United States, between 300,000 and 700,000 adult women are estimated to experience sexual assault, with 40,000 of such victims typically seeking treatment in an emergency department (Kwence, Sherri). When a women is sexual assault an start seeking professional help for what she has went through can be hard just trying to move forward from such pain that she has endure. It is said that sexual abuse is the most common and threatening behavior calculated to induce fear in all women, it means men have chosen to maintain control over women. Rape is the fastest growing crime in the country. Rape occurs in India every twenty minutes (Behere, P.B). In 2011, more than 24 thousand cases were reported-about 70 a day. New figures released by the Delhi Police reveals that a women is raped every 18 minutes or molested every 14 minutes. There are 80, 000 pending rape cases in India and nearly 1,000 rape cases are pending in Delhi courts (Behere, P. B.). In the United States, 1 in 6 women reported experiencing rape or attempted rape at some time in their lives. Being sexual assault can make a women start feeling anger toward men. When someone you know has been sexual assault they must seek professional help so, they can live a healthy life. As a social worker we must help victims who has been harm in any way possible. The conflicts in which a social worker may face when working with women or men who has been sexual assault. The value of the social worker is to promote resources to help victim who has been mistreated. When a women has been assault it take a lot from her. Once someone take something as precious as sex from you, can make you feel bad about yourself. When you think about sex, it something that should be shared between two people who care about each other. For someone to come and take that away from you can make a person become very bitter at the world? As a social worker we must promote social justice to make sure our client get the best help possible by setting up counseling. We first has to assess the problem at hand and see what really happen and then we can move forward with the problem. As a social we must not impose on the client right to do what she feel is right for her, we can only try and led them down the right path. Social worker values can’t get in the way when it comes to helping a client get the best help needed. The client have every right to refuse any help at any time. Social worker have to be the voice for those who are not willing to speak and the ear for those who can’t hear what is been said, and the legs to help the client walk that extra mile needed. Not only do sexual assault happen to women but it also happen to men and children. Most people don’t think that men are sexually assault but it happen, but more common in small children because it’s hard for them to fight back. Most men are victim because they choose to be gay or because they are locked up in jail. As a social worker no, matter who is seeking help it is our job to provide the best care needed. When someone has been assaulted by a family member it hard to te ll someone especially when you are a small child because they are scared and don’t want to get anyone is trouble so children suffer for a long time from assault because they are afraid to tell because no one will believe them. Children will grow-up feeling ashamed of what happen to them so it will cause them to sexual assault someone. They why it’s important to get the proper help needed when you have been assault. Everyone deserve to live a happy and success life. Results of this study showed that 66% of the women were aged 15-24 years old and 75% had met the perpetrator before the sexual assault with nearly 50% reporting that the perpetrator was a current or former boyfriend, family member or someone they considered a friend. Women with no previous contact or knowledge of their perpetrator were more likely to report to the police and were at a higher risk of sustaining an injury, the research showed. Looking specifically at alcohol, the study found that over 40% of women had consumed more than 5 units of alcohol. These women were more often sexually assaulted by a stranger or someone they met within 24 hours prior to the assault. Furthermore, a physical injury was found in 53% of cases and 33% of the victims had suffered a previous sexual assault (Wiley). In fact, researchers found that college women who experienced severe sexual victimization were three times more likely than their peers to experience severe sexual victimization the following year. RIA researchers followed nearly 1,000 college women, most age 18 to 21, over a five-year period, studying their drinking habits and experiences of severe physical and sexual assault. Severe physical victimization includes assaults with or without a weapon. Severe sexual victimization includes rape and attempted rape, including incapacitated rape, where a victim is too intoxicated from drugs or alcohol to provide consent (University at Buffalo). We don’t realize just how much sexual assault go unreported while in college. No-one should have to experience this kind of abuse while they are trying to learn. It hard trying to learn when sexual assault is going on at a campus sight because you are afraid to walk around at anytime day or night because you don’t know who to trust or who is watching your every move. You have to be aware of your surrounding at all times. A student, age 24 came into my office just like any other day set down and she had a strange look upon her face. I spoke and said what, I can help you with today. She replied, I was sexual assault at a party which I had attended on Friday with a couple of my friends. My response to her was are you alright and she replied no. She started telling me in details what had happen so I just sat and listen to what she had to say. It was a surprise party for her best friend so it was a lot of people there as you know the usual crowd family, friend, and co-worker. At this part there were loud music, drugs, and lots of alcohol, so we all were having a good time so it was this guy who I’ve known for a long time was there and we started talking, laughing, and dancing. As the night grew old we went back to his place of course I had been drinking and so had he. While we were alone in his place he started hugging, kissing, and touch me and it was making me feel uncomfortable so I asked him to stop and he said you know you want it and I said no but he didn’t pay me no attention and processed to throw me down and force himself upon me. I started screaming saying stop but he didn’t you continue on until he was finish. After he finished he took me home like nothing never happen I was so scared. When I made it to my house I ran upstairs and started to shower because I was feeling so dirty. So could you please help me I am afraid to tell someone what happen because I shouldn’t went there? She replied, I just feel so helpless all I do is just sit in my room and cry it’s driving me crazy. The scene just keep playing over and over in my head. So, I felt that I needed to talk to someone before I go crazy. I don’t want my friends to know what happen to me Friday night. I don’t need no-one judging me because I had too much to drink. I thought I knew this guy that’s why I agreed to go to his place not knowing he had other things own h is mind. It goes to show you, can’t trust anyone these days not even a good friend. So, I found myself walking around in a daze and it led me to your office on Monday. Please help me figure out what to do before I beat myself up about what happen. As a social worker I assure her it wasn’t her fault and I will do everything to help her gain her self-respect back. She didn’t want to go to the police and tell them what had happen because she felt the police wouldn’t believe her because she went to his house on her own and plus she had been drinking. As we were talking, we talked about the negative and positive things that was going on with her. I had to ask some personal question such as did he use protection, do you know if he had any sexually transmitted diseases, or do you think you might be pregnant. She replied, I don’t know. So I advise her to go and get herself checked out and so she did and everything was just fine. Now that’s something you want have to worry about. After the assessment I set her up with a counselor to help her understand that she wasn’t at fault. While in session with the counselor we talk about how she can regain her self-respect back and not let this get the be st of her. First just accept what had happen and talk to your family and friends so you don’t have to go through this alone. No-one will judge you because of what happen, right now you need all the support you can get. The more you talk about what happen to you that night is the only way the healing can begin. Later when you regain your strength you can go to the local authority and report him so it want happen to someone else. Always stay involved with people in the community because your story can help safe someone else someday. Remember to always hold your head up high and don’t let negative talk get you down because you survive. You have to start setting goal in your life to help you get back on the right track. We can’t change the facts about what happen or the feeling you have. The only thing we can do is just help you begin to heal. At the end of the long session she was able to deal with her feeling and regain her self-respect. As a social worker we have to get involved with families, groups and organization or communities to help promote social justice when dealing with people. As a social worker we must be equipped with the skills and knowledge to be able to better serve clients. As a social worker we play many roles in people lives for example: negotiate, mediate, advocate, broker, and educator. As a social worker, in the work, that we do go a long way in helping client achieve their goal weather they are short term or long term we have to do whatever it take to make sure our clients are treated with the up-most respect. When a social worker deal with someone who has been assault they have to deal with outsider also and it can make it hard on the victim. Because the victim have to re-live the whole thing all over again so many time they just sit back and deal with the problem the best way they know how by just leashing out at the world for no reason. Being the victim trying to pick up the piece and move forward can be one of the hardest things to do because they feel as if they have the weight of the world on their shoulder. They just have to be strong and not show anyone what’s really going on inside. According to The Canadian Press (2014), the most common reasons for not reporting were shame and embarrassment, fear of the offender and lack of confidence in the justice system. While 53 per cent of participants stated that they were not confident in the police, two-thirds stated that they were not confident in the court process and in the criminal justice system in general, the study says. Par ticipants cited ongoing, long-term effects of being attacked, including depression, difficulties with trust and forming relationships, and anxiety, fear and stress. The women described a number of means of coping with effects of the trauma, both positive (such as reading, exercising, and writing in a journal) and negative (drug and alcohol abuse, self-harm, suicide attempts).The women suggested that survivors of sexual violence become informed about the criminal justice system, and know that help is available for victims and that legal proceedings can take a long time. The best way of sharing this information is through school programs and counsellors, they said (Canadian Press). There are many form of sexual assault it’s all around you just have to sit back and watch and see what is going on in people lives. Looking at the women and men in the military we don’t look at them as being victim but in reality they are victim. They are putting their lives on the line every day for us and look at what is happening to them. In the serves its their policy to not tell what happens in the field but look at how many lives are been ruin because of the way men are treating women or because of the way men or treating men. No-one deserve to be treated that way. The sergeant are up holding the men in their wrong doing telling them it ok what they are doing because no-one will never find out. No-one want to be label as a snitch because they will lose all their right and benefit and no-one will be able to provide care for their families. The men and women just have to live with this until they have a break-down in their lives and break the bond and tell what has happen to them while they were out fighting for their country. No man or women should have to feel in shame for what happen while they were serving their country. Yes there need to be stronger sentence for people who commit these type of crimes. In the U.S. Military academies, 5% of women report surviving rape every year, as do 2.4% of the men,for women abused as children, 92% of perpetrators were men, of those men who enter the Navy, 15% are perpetrators prior to their service, 28% of women in the military experienced rape during their military service. Of those women who men rape in the military, 96% of the perpetrators are U.S. military men (Sadler, Booth, Doebbeling, 2005). No one should have to lose their right because they chose to speak about the truth. Although the truth may hurt a lot of people because being assault in the service will follow you for a long time. Making it hard to truth anyone in authority. A young male 22 walk in my office and spoke and said he was gang rape and needed some help. We both sit down and I assess him on the nature of the matter of just what happen. He said, they he was walking home from a party and a group of guys pulled him into the car and drove him down a dark back road and that’s where the assault occurred. It was three guy that he recalled pulled him into the car. He said, he was scared for his life. What made the guys pull you into the car? He replied, I was dress in women clothes and when they got to the place and realize, I wasn’t a women it made them mad. To teach me a lesson the guys place a drink bottle into my rectum and begin to push with all their might. That wasn’t good enough each of the guys took turn and place there penis inside. I never imagine anything like that happening to me. I was afraid for my life they left me there to die. I was screaming but no one could hear me because we were on a dark lonely road. The cou nselor assured me that it wasn’t my fault and that I had nothing to be ashamed of. The counselor advice the young man to go to the doctor so he can get himself checked out. While at the hospital the police officer pulled up on the scene and gather some background information on what had happen. The guy went into detail and told the officer what happen. The counselor ask the young man would he be interested in seeking professional help and he replied yes. The counselor made come called and got him place in outpatient care. The counselor ask him some personal question. He said, as you know I am a man trapped into a woman body. The counselor asked are you sexually active and he replied no I am not. Did they use any type of protection you use protection he replied, I don’t know. The counselor said make sure you get yourself checked for sexually transmitted disease. The counselor reassured him that it was not his fault that he didn’t do anything wrong. In order for y ou to heal you will need to get set up in individual counselling and group therapy. You must be willing to talk with family and friends and let them know what you are going through. You must learn to let your feeling out and get involved in positive things and start setting goal in your live to help you get back on the right track. Talk to family and friend because they want judge you because at this point in your life you need all the support you can get. The counselor let him know that this wouldn’t be an easy journey. After all he went through time will heal all wounds. No-one can take the pain away after all the therapy, he did gain his self-respect. In conclusion I provide insight on sexual assault and how it effect people in many ways. Most people don’t like talking about sexual assault because it makes them feel dirty and ashamed, but they must realize it wasn’t their fault. As a social worker it is our job to help reassure the victims that everything will be alright. If you know of anyone that has been sexual assault my advice is to please get the proper help so you don’t have to live in fear. The healing only start when you are ready to tell your story. Reference Behere PB, Sathyanarayana Rao TS, Mulmule AN. (2013). â€Å"Sexual abuse in women with special reference to children: Barriers, boundaries and beyond. Indian J Psychiatry 2013;55316. www.candianapress. Denmark, F., Paludi, M.A. (2010).Victims of Sexual and Abuse: Resources for Individuals and Families. Santa Barbara, Calif: Praeger. Kirst-Ashman, K.K., Hull, G.H., jr. (2012). Understanding Generalist Practice (7th ed.). Belmont, CA: Brooks/Cole. Sanderson, C. (2004). The Seduction of Children: Empowering Parents and Teachers to Protect Children from Child Sexual Abuse. London: Sherri, K. (2012). Encountering the Victim of Sexual Assault. Clinician Reviews. University of Buffalo. (2014, September 5). Past sexual assault triples risk of future assault for college women. ScienceDaily. Retrieved November 17, 2014 from www.sciencedaily.com/releases/2014/09/140905152947.htm Wiley. (2014, October15). Risk factors for sexual assault identified, including age, alcohol ScienceDaily. Retrieved November 17, 2014 from www.sciencedaily.com/releases/2014/10/141015092243.htm

Change Management Plan :: Business Management Analysis

Change Management Plan Change is essential to today's business environment. If a company is to survive and succeed on a macro level, they should analyze and adopt the best overall plan for change on an enterprise level. When examining the best way to make changes in a company that will globally affect the company, it is usually best to look at the total picture before acting, lest the plan fail. This paper will briefly summarize four key areas that leaders and managers must understand in order to successfully make a change, or in the case of our model company CrysTel, manage change dynamically throughout the life of the company. In order to understand completely the change it wants to make, the company must understand the implications of the change and the human variables of change implementation. The company should also strive to understand how to monitor the progress of the change, and how to ensure the continued success of the change. The following paragraphs are an explanation of what CrysTel is, why i t needs to change, and how these four key areas can be manipulated to help it succeed in its dynamic need for change in the ever-changing environment it lives in. Implications of Organizational Change CrysTel is a telecommunications company that exists in a very dynamic environment, and it has the need for all aspects of itself to be dynamic and able to change relatively quickly. The upper management recently realized that CrysTel has the need to bring more products and services into its portfolio. That means that everybody who works for the company needs to be good at analyzing the best way to change, implementing a change, and sustaining the change. It also means that CrysTel employees need to change with the organization. In order for all of the employees to be good at the constant change that will be happening and be as dynamic as they need to be, they have to have good and dynamic leaders and managers to aid in the effort. Without the support from above, the employees will probably lose focus and the desire to see the company succeed (Miller et al, 2004). If the company does not prepare well, it might experience a high turnover rate as well. A study conducted by Lester Coch a nd John R.P. French showed that if a group of workers was not prepared for a change properly, that group exhibited a high turnover rate (Krietner & Kinicki, 2003).

Ben Franklin :: essays research papers

Throughout history icons emerge in each era that define that time, men who define the thinking, technology, culture, religion, and every other aspect of that time period. From the time of ancient Greece which possessed such prodigies as Socrates, and Aristotle men who were not only brilliant philosophers but also historians, mathematicians, and astronomers. To the Revolutionary period of America, which held such courageous enlightened men such as Thomas Jefferson, Thomas Paine, and Benjamin Franklin. Men who greatly helped shape America’s independence. A man who stands out among these names is â€Å" The First American†, Benjamin Franklin who goes beyond being simply an icon of America’s conquest for freedom, but is truly an American hero. Benjamin Franklin’s heroism exists in his numerous achievements in politics, his scientific inventions, and his accomplishment of truly being â€Å"The First American†. Franklin’s contributions to the world of inventions, and science prove his ideal heroism. Some of Franklin’s contributions include his improvements on Franklin’s stove, he invented the Pennsylvania fireplace, which retained and dispersed heat evenly in a room. Franklin shaped perhaps the first idea of electricity; he also helped improved city’s pavements, street lighting, sanitations, fire companies, and police. These are a small amount of Franklin’s more material accomplishments, but they are also some of his strongest. Franklin is considered an American hero because although he was a politician, he felt the need to go above and beyond his regular duties. Franklin strived for perfection and had a strong to desire to help his fellow man. Whether it was improving the quality of his community by looking at such common aspects like city pavement, or street lights, or by making a large technological breakthrough and creating something like the musical a rmonica. Although Ben Franklin’s heroism was never symbolized in any battle, it was largely seen with his constant attempts in the world of science and innovation. Benjamin Franklin used an expressed his high level of intelligence for others to learn and prosper from him. Although Franklin’s use and discoveries in science and innovation are well-rounded accomplishments, he is most credited for his actions in political office. Benjamin Franklin’s ethical right mind helped shape our nation today. Franklin believed that America had to separate itself from its control under Great Britain. Perhaps Franklin’s most heroic act is the work he contributed to help make America the free nation it is today.

Isolationism: Franklin Delano Roosevelt and United States Government Essay

After the events leading up to World War I and also the aftermath of the war itself, the United States government decided to take a second look at their policy of isolationism and also their foreign policy. That second look caused plenty of controversies between the people in America who supported a return to isolationism and also those who wished to see a change in United Sates by taking a much more active role in not only European affairs, but world affairs in general. In the mid to late 1930’s, President Franklin Delano Roosevelt among other government officials and even some American citizens were very fond of taking up a policy of isolationism after World War 1. In Document 2, the president clearly states that war is just like a contagion, a virus that should be avoided indefinitely. President Roosevelt was dead set on keeping the United States out of the war by all means necessary. He wanted peace and did not agree with the idea that countries seemed to be fighting for no reason other than that they were bigger and stronger than the opposed. In Document 3, Senator Robert A. Taft was opposed to the United States entering the war in Europe because he believed that due to World War 1, democracies were destroyed and dictatorships were set up in place of them. American citizens supported a policy of isolationism because they felt war was far too costly and resulted in a very high death toll of not only American citizens but citizens worldwide . Soon after, between the spring of 1940 and the start of 1941, public opinion began to shift from the support of isolationism to an opposition of the policy. In Document 5, you can see that instead of staying out of war, American citizens began to want to aid Britain in the fight against Germany. Another event that altered public opinion was the fall of France. While many people disagreed with the shift in public opinion by saying things like Charles Lindbergh said, â€Å"If the principles of democracy mean anything at all, that is reason enough for us to stay out† as seen in Document 7. However in Document 8, you can see that there is a clear opposition to a policy of isolationism. Basically the public believed that if Hitler and the Nazi regime weren’t stopped, then they would attack the United States. The concern was that if Britain was conquered, it was open the ocean ways of the Atlantic, which in turn would cause a major threat. Regardless of the supporters of a policy of isolationism, the United States supported the war and was soon enough involved in the fight against Germany. Since then, the United States has played an extremely active role in European and other world affairs. We have become an ally to plenty and an enemy to some. And just as there had been during World War 1, there are still existing controversies on isolationism between American citizens and also between the government.

Considerations of Communication Style Essay

Communication style has a very big impact on the dynamics of face-to-face encounters, that is, whether a conversation proceeds smoothly or by fits and starts, whether both continually interrupt each other or are both able to talk simultaneously without interrupting and whether their style of listening match. Differences in ethnic background coupled with those of communication style probably increase chances that implicit unverbalized matters will be overlooked or misinterpreted. To be able to understand deeper and more sophisticated effects of style differences can take years. In exploring such differences of â€Å"the other†, one cannot help but come to understand the cultural factors that have shaped one’s own style. In the communication between Japanese and Non-Japanese there are intercultural communication blocks that have to be considered, which are, problems on direct and indirectness, individuality and groups view, decision making, and discussion. Components of Communication Style  According to some experts there are various things included in the components of communication style, such as: topics of discussions, favorite interaction forms -ritual, repartee, argument, and self disclosure- and involvement depth, as well as the channel people rely upon (Dean Barlund) ; behaviors –gesticulation, eye contact, speech and kinetic rhythm, and listening behavior- (Erickson) ; interruptions, pauses, laughter, inductive and deductive statements, and types of question ( E. S Johnson). However, in this discussion, there are three variables suggested as a core to explore communication style: (1) orientation to interaction, (2) code preference, and (3) interaction format. These are not to be understood as stereotype descriptions of all members of any cultural group but rather as stylistic preferences of the cultural group as a whole. Communication style orientations are anchored in cultural standards but allow for individual movement depending upon the situation and cultural constraints.

Marketing Concept and the possible limitations Essay

Marketing is defined as a social and managerial process by which individuals and groups obtain what they need and want through creating and exchanging products and values with others.(Kotler.P 2002 : 5) The goals of marketing is to attract new customers by promising superior value and keep and grow current customers by delivering satisfaction. There are five core concepts of marketing, which includes needs, wants and demand; products, services and experience; value, satisfaction and quality; exchanges, transactions and relationships; and finally, market and marketing. After World War II, the variety of products increased and hard selling no longer could be relied upon to generate sales. Customers afford to be selective and buy products which can precisely met their changing needs with increased discretionary income. The key questions arose: What do customers want? Can we develop it while they still want it, and how can we keep our customers satisfied? In order to response to these discerning customers, firms began to adopt the marketing concept. This involves focusing on customer needs before developing the product, aligning all functions of the company to focus on those needs, and realizing a profit by successfully satisfying customer needs in long-term. In other words, in the context of marketing concept, company must first determine what the consumer wants, then produces what they wants, then sells the consumer what they wants. In marketing concept, more listening to and eventual accommodation of the target market occurs. Two-way communication is emphasized in marketing so â€Å"learning† can take place and product offerings can be improved. Business must first fulfill consumers’ needs and wants. Marketing concept â€Å"holds that the key to achieving organizational goals consists in determining the needs and wants of target markets and delivering the desired satisfactions more effectively and efficiently than competitors† (online material #5) To illustrate the marketing concept, Peter Drucker, in 1954 said: â€Å"If we want to know what business is, we must first start with its purpose†¦Ã‚  There is only one valid definition of business purpose: to create a customer. What business thinks it produces is not of first importance – especially not to the future of the business or to its success. What the customer thinks he/she is buying, what he/she considers â€Å"value† is decisive – it determines what a business is, what it produces, and whether it will prosper.† (Online material #4) Marketing concept was considered a breakthrough in business philosophy. It’s because it represented the antithesis of the product, production, and selling concepts. The marketing concept holds that businesses should first determine the existing needs in the marketplace and then design and produce a product to satisfy this need rather than taking an existing product and endeavoring to modify demand for it by reducing price or varying promotional technique. Marketing concept plays an important part in an organization. According to the Customer Service Institute, it costs as much as five times as much to acquire a new customer than it does to service an existing one and that the customers tell twice as many people about a bad experience over a good one. According to their studies, 65% of the business of an average company comes from its presently satisfied customers. (Online material #4) There are a range of firms gain success and earns at a very high profit through the use of marketing concept. One of the examples of successful organization implementing marketing concept is JVC. JVC has been building and expanding its mobile electronics capabilities throughout the last decade, and it now markets a complete line of mobile audio equipment and accessories. In the December of 1998, JVC celebrated its success. (Online material #3) JVC launched revolutionary and market-making products like the world’s smallest CD changer, cutting-edge MD-to-CD receiver for audio aficionados, as well as JVC’s loaded  car A/V system. JVC sees customers’ needs and wants and made an attempt to fill their needs and wants, and satisfy them by expanding its product offerings and adding more varied and exciting features. They are very successful in satisfying their  customer that their customers know that with JVC, they are getting the very best sound for their dollar. JVC is so successful with its marketing concepts that they have become a global leader in the development and manufacturing of innovative audio and video hardware, as well as related software products. Another example of successful firm is the Thayer Interactive Group (TIG), an online hospitality marketing firm. TIG sees that consumer behavior has changed. People are using the internet more than ever to make research of different options prior to booking travel, and that they are approaching hotels preemptively. Therefore, TIG targets individuals who are actively looking for lodging solutions at the precise place and time that they wanted to get. Because they know that the consumers nowadays are buying based on â€Å"get more, pay little†, their program offers the industry’s first and only comprehensive suite of Web marketing services designed to administer all aspects of a hotel’s internet presence, AND bypass excessive fees charged by third-party travel sites. TIG even provides a customized â€Å"five-part program† – website development and content management; search engine marketing; guerilla marketing and online advertising; reporting and analysis; and proactive account management. The objective is to deliver the travel consumer directly to individually managed hotel Web sites which allows them to maintain control of pricing and avoid excessive third-party fees.TIG is so successful that it is already generating an average of more than $1 million in incremental revenue per participating hotel. (Online material #2) Other successful firms which have adopted the marketing concept are such as  Procter and Gamble, Wal-Mart, Marriott, Dell Computer etc. The marketing concept is founded upon the assumption that consumers are knowledgeable, intelligent, and rational, and base their product purchases upon a careful consideration of the relationship between their own needs and product attributes. However, do the consumers always know what is â€Å"needed†? In many cases, customers do not know what they want or even what is possible. For example, 30 years ago, how many consumers would have thought to ask for 24-hour Internet brokerage accounts and DVD players? Moreover, by focusing on customers’ needs, marketing concept ignore other important stakeholders. In order to implement marketing concept, a lot of research are needed to be carried out and it is very expensive to do such marketing researches. In U.S., the latest consumerism movement has caused limitations to marketing concept as well. Nowadays, consumers assert their rights to products which are safe, economic, reliable, honestly labeled and advertised, and product’s impact upon the environment. Moreover, consumerists have been very proactive in seeing that these â€Å"rights† are guaranteed, either by the firms selling the products or by the government of the U.S. In this, Peter Drucker blamed the marketers for failing their consumers and publics in using the marketing concept: We have asked ourselves where in the marketing concept consumerism fits or belong. I have come to conclusion that the only way one can really define it within the marketing concept is as the shame it. It is essentially a mark of failure of the concept†¦ (Drucker P. 1969). (Online material #5) It is often taken for granted that the marketing concept is true. The concept is usually expressed as the assertion that firms which are marketing oriented will do better than firms which are not. This assertion is being put to test empirically by Massey University by comparing the financial  results of firms exhibiting high levels of marketing orientation with those of lower levels. The result showed that there is actually no clear association between adapting in line with marketing concept and success. (Online material #1) In order to adapt and implement marketing concept, firms have to be able to meet changing customer needs and wants, as well as competitor strategies. There are a number of firms such as General Motors and Zenith, which lost substantial market share because they failed to adjust their marketing strategies to the changing market. Top management in an organization must ensue that all employees are driven by marketing concept. They must be driven by the marketing concept before they can expect employees to whole-heartedly commit to it. In addition, top management should foster an organizational culture and set organizational values that embody the concept by encouraging cross-functional communication and coordination directed toward satisfying the needs of the customers. Bibliography Armstrong G & Kotler P, 2002, Marketing An Introduction 6th ed, Prentice Hall, New Jersey Online Material #1: Marketing Bulletin,1991,2,1-7, http://marketing-bulletin.massey.ac.nz/article2/article1b.asp [22/9/2003] Online Material #2: Business Editors,2002,Thayer Interactive Group Proves Marketing Concept to Hotel Industry, http://www.findarticles.com/cf_0/mOEIN/2002_Oct_7/92536200/p1/article.jhtml?term=%22marketing+concept%22 [20/9/2003] Online Material #3: Business Editors,1998,JVC Celebrates Success in Mobile Electronics With New Image and New Marketing Concept, http://www.findarticles.com/cf_0/m4PRN/1998_Dec_15/53402065/p1/article.jhtml?term=%22marketing+concept%22 [20/9/2003] Online Material #4: The Research Exchange Vol.5, http://www.ncddr.org/du/researchexchange/v05n01/adapting%20Marketing%20Concept.htm [23/9/2003] Online Material #5: Robert D,Social Responsibility,Consumerism,and The Marketing Concept,1999, http://www.sbaer.uca.edu/Research/1999/SMA/99sma110.htm [24/9/2003]