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The U.S. Checks and Balances System

The terms “checks and balances” are derived from the United State constitution. The aim and function of this system is to separate the powers in the constitutional system. The government has several branches and each of them has mandates and authority to govern and safe guard them, however because all the branches are integrated there was established equality of the branches or power that oversees that each government branch has power over the other this is echoed by Johnson Et al (99). According to Vile (62) the three branches in the United State governance which Checks and Balances preside over so that the anatomy of one branch can be disputed by the other is what constitutes the mandate of this system.

The three branches of the government as established by the constitution in the merit of creation are Legislative branch that mandate creation of law, second Executive branch which mandate over implementation of law and thirdly Judicial branch which construe the law (Kemp, 51). Now from these facets the checks and balances system mandates that all branches are equal and that there is none which has anatomy over the other. According to Alec (132) notes that for example the legislative after having a notion of a new law will then as a bill present it. Then after they will then present it to the Executive branch which is headed by the president of the United State, in this stage the preside will then preside over the bill and if it does not appease him and have belief that it may harbor unconstitutional facets then he will veto it. However, because the president have rejected it does not mean that it is through and abolished, then bill is then taken to Legislative where they cast vote on it again and if it gains more than 2/3 of the congress vote then it is passed and this will automatically override the president veto (Fisher, 197).   Usually the Judicial branch in the United State is considered to be the weakest of the three branches; this is further confirmed by the fact that they have little say on the legislation execution and passage. Dean (177) notes that the judicial branch does not also endorse legislation constitutionally and the only mandate that this branch oversees is only checking that it execute on the legislative and executive branch is the fact that they verify if the proceedings and decrees by both of the other branches are constitutional. The restriction on the mandate of judiciary authority is that it has no anatomy to review constitutionality law even if there is clear uncertainty in it. This branch is not even allowed to voice concern or advice overview on a law. This only allows then to review law in the court room when an individual challenges law constitutionality in a proper litigation, this is constitutionally termed as controversy or case (Abraham, 219). The only advantage on the check that the Executive branch harbors over Judiciary is the fact that it is dependant on the executive to streamline judgments; this is because the Judiciary has no subjects of the law that would enforce that what they have ruled will be followed to the letter and thus they depend on the executive fro this (Kunhardt, 281). The legislative branch check over judiciary is the mandate that endorses operation in the Judiciary; this includes the number of justices in the Supreme Court and the pay that are allocated to the justices and judges (Madison, 117). Fixing of the wages of the Judicial is the sole responsibility of the congress; however they are limited from reducing the wages while the judges are still presiding. The congress also endorses the number of judges and justices and they cannot sack them and are only removed from office through impeachment. This is the check and balance that the judicial branch gets so that it is not intimidated by the other branches of governance (Alec, 205). In conclusion check and balance is one of the best restriction and sanction mechanisms that is enforced to the three branches of United State government, which mandate that they work along side each other without any of them having anatomy over the other. This is an important system in the governance of the United State that allows the branch to work hand in hand to enforce law and provision for the population of this region (Vile, 142).

 Work Cited

Abraham, Henry. Justices and Presidents: A Political History of Appointments to the Supreme Court. New York: Oxford University Press, 1992. Print.

Alec, Stone. Governing With Judges: Constitutional Politics in United State. Oxford: Oxford University Press, 2000. Print.

Dean, James. The U.S. Supreme Court and the Imperial Presidency. New York: McGraw. 2004. Print.

Fisher, Louis. Constitutional Conflicts between Congress and the President. New Jersey: Princeton University Press, 1985.Print.

Johnson, Miller. Aldrich, Rohde. and Ostrom, Charles. American Government: People, Institutions, and Policies. New Jersey: Houghton Mifflin, 1994. Print.

Kemp, Roger. Documents of American Democracy: A Collection of Essential Works. New York: McFarland & Co, 2010. Print.

Kunhardt, Peter. The American President. New York: Penguin, 1999. Print. Madison, Johnson. “The Particular Structure of the New Government and the Distribution of Power Among Its Different Parts.” Political Science Journals. 66, 7 1978. 137-249. Print.

Vile, Mitch. Constitutionalism and the Separation of Powers. Indianapolis: Liberty Fund, 1998. Print.

                                                              Comparison of the temperatures in Sydney to Washington, DC

Introduction

This assignment compares temperatures in Sydney and Washington DC. The comparison shall be elaborated in mathematical format by use of graphs, charts, maps and tables. It shall as well integrate with scientific arguments on the reason why the temperature is so in both cities for the periods under review. Importance of such comparison would mainly be to provide an oversight of the temperature comparison of the two cities. Such details are important and it is one of the factors which are considered by most people when deciding on the best city which they should live in.

 Sydney

Sydney enjoys tropical weather with very mild winter all through the year and has 340 sunny days in the year. The minimum average temperature in the month of winters which falls on mid year months that is from may through to august and making June to be the coldest of them all. The coldest month of June it’s recorded low temperatures of around 8oC this is equivalent to 45-46 degrees Farenheit. This area also experiences summer seasons from December through all to February and in last years due to global warming that has affected the weather pattern of most parts of the towns which are in developed countries for report are analyzed by researchers, that the most developed region are the most affected but although the weather is polluted equally though the places with high rates of Co2 in the eco-system are more prone to have funny weather changes and prediction of this weather pattern in such location is proving to be a head ache for analyst as they are contemplating on ways to reduce the emission of green house gases in the climate and the eco-system.

Mostly affected are the summers which are nowadays very warm due to this factors, making the month of January to be the warmest of them all and nowadays the weather condition are hostile and rises up to 26oC irrespective to 78-79 degrees Farenheit. In recent years due to global warming as acclaimed by researchers a top of maximum temperature of 45.3 degrees Celsius was recorded this was in duration of the four days heat wave recorded nearly all major developed regions and has been largely associated to the global warming. This to many scientist have been closely associated with the earthquakes that are hitting states around the world and also Tsunami anomalies that are also affecting major states especially in the wake of the year 2008 where a wave of tsunami destroyed major states especially those that enjoy tropical and much summer.

Rainfalls in this region are recorded in both the summer and the winter season, and are mostly saved by the proximity of the ocean which moderates the weather and also regulate the amount of recorded rainfall from these parts. As the weather rarely drop to 6o C in winter this has been a fact that has also regulated the amount of rainfall recorded in this region, rainfall occurs in both summers and in winters though its comparatively higher on the first six month of the start of the year, the annual average rainfall that is recorded in this parts is around 1217.0 millimeters.      

Mean Daily Temperatures for Sydney

 

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

Daily Maximum Celsius

25.8

25.7

24.7

22.4

19.3

16.9

16.2

17.7

19.9

22.0

23.6

25.1

Daily Maximum Farenheit

78.4

78.3

76.5

72.3

66.7

62.4

61.2

63.9

67.8

71.6

74.5

77.2

Daily Minimum Celsius

18.6

18.7

17.5

14.7

11.5

9.2

8.0

8.9

11.0

13.5

15.5

17.5

Daily Minimum Farenheit

65.5

65.7

63.5

58.5

52.7

48.6

46.4

48.0

51.8

56.3

59.9

63.5

 

 

Rainfall (mm)

Sunny Days

Sunshine Hours

January

100

20

7

February

111

20

7

March

122

19

7

April

106

20

7

May

98

20

6

June

123

20

6

July

69

22

7

August

81

21

8

September

62

21

8

October

73

20

8

November

82

20

8

December

75

20

8

 Washington

             The city of Washington DC’s courts a highly seasonal extremely variations between winter and summer, this is because this city is situated along the northern end of the subtropics climate that is considered to be very wet. The weather in this city though has been considered to be very unpredictable and has baffled weather men and analyst due to the rampant change in climate I the moth of summer and sometimes prolonged records of winter for at the3 moment the weather is baffling the weather men as they are experiencing high snow fall that its supposed as the winter ought o be ending but the condition are actually deteriorating the winter currently is been recorded as the lowest temperatures of -4oC and the height of the snow been as high as five feet that most of the occupants are been forced to work within the perimeters of their living quarters due to this harsh weathers.

             Part from the harsh low temperature that this city is experiencing the city enjoys summers which is humid and hot this ranges in degrees of 30o-33o C This starts in July and runs through August, thunderstorms are recorded during this season due to amalgamation of heat and humid air some times few of them accumulates to tornadoes. The best weather as many of the local will claim is the fall and springs as the weather is chilly but bright though through this sudden outburst of rainfall and snow are norm to this climate o this city.

             The springs and autumns in Washington are soothing and the weather is filled with a very refreshing breeze. The humidity in the air makes this climate and this makes the weather to have minimum temperature as the spring courts the city for the month of March and run through to the middle of May recording a mean temperature ranges from 4 to 8oC.

             The mean yearly snowfall for this city is recorded at 15 inch but the present snow fall is been recorded as the worst of all time and its standing at 4 feet, making it a record for it has never in the history of this city been recorded such depth in snowfall. During this period the rainfall here are recorded to have the highest humid making this city very warm during the rainy seasons. Though this is not experienced in the arctic blast or frozen rainstorms experienced during the snow fall.

 Washington Average Annual Temperature (ºF) is 53.8

Average Temperature by Month (ºF)

Jan.

Feb.

Mar.

Apr.

May.

Jun.

Jul.

Aug.

Sep.

Oct.

Nov.

Dec.

30.6

33.6

43.2

52.7

62.2

71.0

75.6

74.2

67.1

55.1

45.4

35.4

NSW Criminal Law

            This assignment would solely concentrate on the following scenario. John who is a tattooist by profession, working at a tattoo piercing parlor in the heart of New South Wales in Australia, was attending to one of the client by name of Sarah; when John commenced his art work on Sarah she fainted, fell off the chair, knocking her unconscious and bleeding commenced after the fall. This assignment is going to evaluate the sort of law that Sarah can apprehend under the NSW criminal laws for compensations on the damages from negligence and statutory tort law point of view and also by which laws John ca defend himself, the remedies and awards if the case goes against him and favors Sarah. NSW criminal law system In New South Wales the laws system are mostly formulated upon Australian criminal laws which originates from English common laws, the legislation adapted by these state criminal law system is their jurisdiction of common law which is bulky, they are commonly referred to as code jurisdictions and common law jurisdictions. They are altogether categorized and classified by different Acts; the one that this assignment is going to center and major in is the Crime Act which fosters Personal injury laws which is under the umbrella of tort law.  These features the most common offences and the remedial which fix their penalties, however they actually don’t exhaustively elaborate the elements associated with the offence. These is amended in the Crime Act 1900 of NSW, because it is considered to be the settled law which lies within the jurisdiction of the common law, then the only mandated candidate to authorize any amendment and creation of new clauses is the parliament, and the courts have no authority to authorize any alterations. This assignment is going to evaluate personal injury laws which are the basis which would earn Sarah an award and also could be used by John to fix his situation in avoiding anomaly in litigation penalties.

Personal injury law

            This is usually classified as the practice law which mandate the protection and safety of any individual in the state of NSW, these law safe guards the well being of nay person in the state who may suffer harmful injury from the results of accident, defective accident, intentional harm, medical malpractice and negligence. Personal injury is categorized in two phrases as it can be either psychological or physical. Under different jurisdiction this is usually referred to as Tort Law and in all precincts it is practiced by the injury lawyer. Personal injury usually is viewed as the injury inflicted in an individual whether obligatory, negligently and statutory, most of the most common personal litigations includes assault, car accident, defective product, performance negligence and work accident. Another precinct that stands out alone is medical malpractice because of the sensitive nature of this injury. From the assignment extract we are able to conclude that Sarah suffered personal injury while in the working place of John, this will criminate him because Sarah was under his care when the injuries were inflicted, there are element of negligence in the part of John who seems to have not told Sarah the full procedure and the side effects associated with tattoo piercing. These can also be classified as a case of malpractice on the part of John while executing his job to Sarah. Under tort law the laws which apply to the injuries incurred by Sarah by John negligence, are negligence and statutory tort laws. Personal Injury Claims Under both negligence and statutory tort laws, Sarah is legible of the claims of financial compensation, this is directed to both the physical and psychological injury that she might have suffered while in the piercing parlor under the care of John the tattooist. All loses that are associated with the injury like related medical complications, expenses, pain and suffering and psychological aftermath related complications. Under qualified legal representation Sarah would be able to represented in the litigation against John by an injury lawyer, under contingency Sarah will be bale to be represented without paying a dime until the lawyer win the case for her. The charges here are basically based on negligence and statutory laws, these is from the fact that Sarah was injured while been tattooed by John when she fainted and fell of the chair resulting to knocking off herself to unconsciousness and bleeding profoundly from the fall. From these aspects she is entitled for medical compensation and personal injury compensation and all irregularities that were affected from the fall.

Personal Injury Settlements

Personal Injury Torts These are basically the civil offences which are recognized by the law. Sarah received a civil wrong under the care of John while getting a tattoo; she is now classified as the injured party. The primary objective of the emplacement of the tort law is usually to provide relief to the aggrieved and injured party. From these aspect we shall see John been sued with many wrongs such as negligence, strict liability, intentional and statutory wrong to Sarah. Intentional tort law From this law Sarah will be legible to be compensated because John knew or should have known that from his actions of piercing a tattoo to Sarah there were some repercussion would occur due o the pain inflicted by the tattoo machine. From the look of thing John had not anticipatory told Sarah of the shortcoming of the procedure and these hold him reliable for intentional cause of harm. Here Sarah will be eligible to prove that John had a duty, however he failed to execute the standard of care to his client as a reasonable tattooist would while rendering his services. This is because under consumer contract which one enters when buying goods and services, they are legible for any compensation when they incur any injury while using the product or the services. John bleached this contract by not telling on the details that are concerned with the service package he was offering Sarah. Negligence tort law Under this law John is again legible for the facts that his actions were not safe which resulted to the injuries Sarah suffered under his standard of care. John action are unreasonable unsafe which resulted to Sarah fainting maybe form the pain induced from the tattoo machine, these is usually because the process is usually very painful. These provide litigation cause of action which would lead to injury compensation and relief to Sarah who is now classified as the victim of John negligence, however in the case of Sarah, John did breach the duty of care which is owed by an individual to another. He did not induce the duty care while working on Sarah and this make him legible for the breaching of negligence law and by this he is held liable for Sarah injuries, because the breach by negligence in Johns part caused Sarah harm. Statutory tort law By legislature statutory tort law is a consumer protector kind of law which addresses the plight of consumers while contracting while purchasing good or services. These is usually viewed as product liability directive which mandate that business take responsibility for any erroneous activity that may cause harm to the consumer while redressing their products or services. Sarah contractual principal were voided by John when she fainted and incurred injury while in the vicinity of the piercing parlor. At that moment Sarah was the responsibility of John, because under this law it is under this jurisdiction that the parlor is responsible to pay for the harm incurred to Sarah for the damages that resulted. This is because liability stands on defective procedure by John while executing his services to Sarah. Strict liability wrong These is actually seen when John did not emplace  any degree of care while executing his work, not even trying to catch Sarah when she was falling off the chair, these particular action led to Sarah hurting herself from the fall. The nature of these wrong is very strict as it does not depend on the degree of care from the part of the defendant to the victim but rely on whether that particular action did cause harm and injury to the victim, if these is the case then that particular person is legible for litigation and the victim is to compensation. Vicarious liability In tort law this is actually referred to as the ideal that one person should be hold legible for the harm they cause for the other person, this is usually adapted based upon the legal relationship connecting the two people. In the case of Sarah and John, the legal relationship here is consumer and tattooist relationship of service provision. The damage Sarah incurred were within the scope of the piercing parlor, thus this makes Sarah legible to sue John for nominal damages incurred to her during her visit, the laws allows the liability to fall on the operator (John) of the business which caused harm to the plaintiff (Sarah). These are usually because if this had happened earlier then the parlor has the authority and the mandate to fire John and replace him with another competent tattooist. Defenses From the above points John can only defend himself to ascertain partial liability damages as the case is very much against him. The only theme which he can use when defending himself is the tortuous liability aspects. Consent Because the laws acknowledges that one cannot be held liable by the tort laws if the action involved were in consent with the victims will. The laws quotes that to the willing person no harm is done, in this case John can use these aspect as his defense, this will be complimented by the fact that Sarah was consent of John action of tattoo piercings in her body, she was fully aware of the pain included in the procedure. Contributory negligence In the tort law this is usually assumed to be a comparative negligence which reduces the awards to the plaintiff by the percentage of contribution in the injury afflicted. From this aspect John can be able to get the 20% of the actual award that the court may allow the plaintiff (Sarah) be allocated. Conclusion The only remedy in this scenario would be that John pay for the damages of injuries incurred by Sarah, this is because all the evidence points out John been guilty of causing or negligently allowing Sarah to undergo through injury which he would have suspended if he would not have bleached the code of duty and the standard of care to the customer (Sarah). Under the NSW Tort Laws jurisdictions, John is legible to carry out legal obligations of paying damages achieved by Sarah under his care in the piercing parlor, this is in relation to negligence and strict liability wrong issues.

 References

Johnston, D., & Markensinis (2008). Markesinis & Deakin’s Tort Law. Oxford: Oxford university press. Lunney, M.,  & Oliphant, K., (2003) Tort Law – Texts, Cases 2nd Ed. Oxford: Oxford University Press Van Gerven, W. et al. (2001). Cases, Materials and Text on National, Supranational and International Tort Law. Oxford: Hart Publishing.

A Long Shadow: Jefferson Davis and the final days of the Confederacy; Book Review

            This is a book review of the book “A Long Shadow: Jefferson Davis and the final days of the Confederacy” which is authored by Michael B. Ballard and published by University of Georgia Press in 1997. In this review the author Ballard properly elaborates and critically analyzes the life one of the most respected and the greatest martyr in the American history. Jefferson Davis is described by the author as a character whose youth was marred with violence as trouble maker constantly on the wrong side of the arm of the law and also his heavy indulgence in alcohol. In consideration to the perception  many as the writer describes it this is a recipe for disaster and as it the human nature to assume such character only bring forth violence and despair to the parents and the society, this book well redefining such discernment as utter and foolish perception.  This he critically analyzes without favor and not omitting fine details of the occurrences that transpired in the life of this American hero. The irony in this review is that this man who is now a great martyr and is widely studied in most literatures doctrines, is that the author perspective of the leader and the first and only president of the confederated State of America. Jefferson Davis when he reached the age of eighteen joined the army and raised in rank and merit, this made him a war hero. This gained him admirable respect in the war front and the generals saw leadership portraits in him, this will see later elevate him to high offices in the government of the State of America. From the battle filed this thin skinned, proud and self centered in terms of thinking as the author described the other entourage would later describe Davis attitude towards matters even as sensitive as the national security. Davis elevation status turned a right turn and he was in the political arena and was in duration of very little time a senator, this was not the horizon for this unsuitable politician as the author narrates that his closest allies and entourage thought of his self center ideologies. Davis later became secretary of war and from this is when his peak moment as a politician hit home, the author here acclaimed that not even his self centered ego would be asset back to him, not even political analyst description of Davis as been vague in political issues could deter the founding CSA Congress from elevating and vote for him for presidency, this made Jefferson Davis become the first confederated president of the State of America. Davis unsuitable political stance made him at logger head with every one in the office from the vice president to the generals on the war front over many sensitive matters, that sometimes needed redresses but the president pushed them aside demeaning their urgency. This constant argument with the generals over matters on the battle grounds saw Davis regime loose the war, this gained him loathing and hatred by the southern who did not earn independence and this is evidence as the author narrates the complimentary columns on the Southern papers did not hide any loathing for the Davis regime and outcry for his resignation by many rumor column was evidence in their columns. This is what the author recalls as the greatest come back of Davis, this weakness caused by the defeat in battle become his strength. At this point many defeated men would despair and call it in, but Davis firm beliefs that the south should gain independence led him to keep on fighting and kept the government with all this circumstances going on. His defeat did not break him but gave him new strength that puzzled those who were his entourage. His flaws and failure as clearly elaborated by the authors turned the greatest and the first president of the confederated government. The stress that this man bared, sacrifices and pressures from his pursuant and his critics are unbearable to any human being and he is greatly respect in this degrees. The fall of the confederacy could not shake him, and his constant retreat maintaining step ahead of the union Army was met with applause from even his critics as they saw the determination in Davis part, his official and family dignity and faith as they juggled government issues and the matters of war constantly under attack from the union army. This narration by Ballard narrows the life of a reformed self centered egoism president to a most loved and cherished politician of all time. The narration takes the leaders to sad and emotional stages of the life of Davis. The story takes a rather sad twist as because of constant retreats, Davis was captured and arrested and his long imprisonment and hardship that he encountered though this did not break his spirit on the struggle for the long cause. He still mastered strength to be able to later become a true spiritual leader for such a great State. From the narration of Davis life by the renowned author Ballard, the life of this symbolic leader is highly respected by his entourages, family and friends as the author narrates that not even them understood his ideologies about many issues which he had ways of resolving in his own way. The author takes the reader on a path that is filled with smooth fine details and also outlines of the hardship days faced by Jefferson Davis in his life as a youth and as president. This is the best case of transformational leadership as portrayed by the first confederate president of the united State who served as spiritual leaders for more than twenty years to the south after the war end. Long shadow is the best narration for the civil wars or reconstruction period enthusiast whom main aim is to clearly understand these literatures.

Work cited;

Ballard, Michael. A Long Shadow: Jefferson Davis and the Final Days of the Confederacy. Athens: University of Georgia Press. 1997.

Strategic Marketing – The Fragrance Industry

  1. 1.      Considering the Fragrance Industry as a whole, report the direction it will take over the next five years giving reasons.

The industry of fragrance has been in the market for a very long time, it is well recognized and the consumers are very selective, this has influenced a massive change and enhancement in developing and coining new scents, this is for the sole purpose of trying to quench the aggressive appetite which the customers of this market have. This has made the industry to be the most researched market segment as every day there are new fragrances invented. With the consideration of this market having no choice but develop further, this assignment is going to revolve around the development that this industry is going to take over the next five years and the direction which will take this course. This industry has been here with us for more than a thousand years; it has been so much research with much precise precession of a fraction of a second, every second a new fragrance is in the process of creation. Another second another fragrance is coined, the most influencing factor that makes all this possible is the fact that, nowadays people are very proactive in deodorants and perfumes. From people to houses and cars, nowadays every thing is scented. These make the developers of this subject to pace up; the main reason of this is that the more people are appreciative of good scent the more the demand of fragrances arises. The changing of the needs and trends of the world users, every one is captured by a certain scent, hardly do three people from the same life pattern share the same scent pattern on fragrances. This is because the human race is one unique entity having different orientation of different taste and style. This can be observed when one is in a bus there are kind of fragrances rarely will you find more than two people wearing the same scent, unless, if the fragrance is new in the market and the people that are scouted are youth or teens. Another factor that will enhance this development and the direction that this industry is going to take will be based on the five forces, analyst states that for a company to be effective then this factor have to be evaluated and manage effectively. These five forces include; the sellers power, rivalry competition, buyer power, the cost of products and counterfeit markets. These factors will be the final direction that the fragrance industry will be entitled to; from these factors will there be an establishment if the industry which is already established and the upcoming one will be fruitful or otherwise. The power of the buyer mainly control the new invention in the market and also this is the backbone of the trade for these markets segments, for without the buyer the whole process will have to stall, buyer are the market target which this industry are reliant to, they control the prices the invention and also the competition. Buyers are the one that build brand from the industry, if they appreciate the product then it will be lucrative in the market and many resources will be garnered by the industry, however, if otherwise then the reversal is outline. This market segment are very royal to one product although recent flooding of counterfeit is most like to affect this industry as seller are option to make an extra buck and deceit their clients, this is also another angle that is going to influence the direction that this industry is going to take in the next five years. The sellers powers is also another faction that also plays roles in posing the direction that this industry will take in five years, this is a very crucial point as they are the ones that really dictate the direction route of the market, this is because recent there have been playing foul by introducing to their customers counterfeit good which are resemblance of the original. This they do in order to rake in more profit. This trend if they are not corrected in time then the direction that this industry is headed is disastrous. The copyright action against China will really help in constructing these factors. Cost of product has less effect than competitive rivalry, this is because when the customers appreciate a product they are flexible to the prices making this factor to have less negative impact on the direction that the fragrance industry will take in the five years. However customers that are not fully acquainted with the fragrant market always find themselves in hot spot as manipulative sellers gives them contraband fragrances in the name of the original. In conclusion depending on how fast that the counterfeit control is look into, and then in the next five years this industry is bound to have massive growth. The main reason to assume this is the fact that COTY poses are very lucrative industry which is not very exploited, even the most advance countries have the shortage of fragrant, this make this market to have audience even in international market. The profit that are raked in this market and the demands for more of these commodity is said to be exceeding the production leaving many to scramble for the little the industry provides, this has been the reason that also contrabands are easily accessing the market because that there are less of the wanted product in the market and people are resolving to contraband. However if this is checked then within the scope of five years this industry is bound to flourish. Question 2 is where you have to come out with new strategies for COTY after analyzing the situation in COTY from the industry. The analysis that are very disturbing in this subject that mainly concerns and evolves around contrabands, the COTY development has been mostly let down by these attributes. Counterfeiting all over the world plays as reap off the COTY that concerns itself with the brand that is being counterfeited, the losses and loss of faith from the customers as the contraband usually does not match the expectation that the customers usually perceives that the brand which they are connected with. Once a customer notices peculiar association with the product not knowing that it is contraband then because of the sensitivity of some of the COTY products then they switch off to their other favorite COTY. Some of the contraband products have bad effect and other side effect on the customer depending on the regions and the sensitivity of their bodies, some of this have resulted to lawsuit filed against the original industry and are later realized that the mistake was with the seller for they had switched the original with the contraband. This however has deep implications on the customers trust as it is dented, and this kind of lawsuits, if not performed in closed courtrooms then the public get aware and this product is then shied away from by other customers. The most effective analysis that would resolve this issue is the PEST analysis, in political point of view most f the government of different countries are imposing production regulation, in product  imports in the world, this is for the sole purpose of trying to minimize and fighting counterfeits. COTY is especially the best target for counterfeit as people are very appreciative of this market segment. Policies and laws that will regulate counterfeits enactment will help to mitigate contrabands which are flooding the market, and they are actually affecting the smooth running and development of COTY, if these laws and policies are enforced then the environment for COTY will improve, this is because people will have faith on their loved products as the contrabands will no longer be sold. From this attributes if the contrabands are extinct by banning as the best solution then this, market will thrive and the best result will amount to making of more profit from the organization that is responsible for the product manufacturing. This will also create new market in new market and regions; the COTY will be able to invest more on this market segment adding value to their product they manufacture and apply more precaution on the areas that need, this is to reduce cases of litigation about default COTY. Having in sense that fragrance market has not been exploited and the areas that has been the demand is high than the production, then this will create room for economic opportunity for the international market. Changing lifestyle also have affected the way people nowadays view fragrance, it is recorded that even developing industries have less supply of fragrances and the demand of this commodity is very high. In conclusion it is that in the next five years we are going to experience a drastic change in this industry, the factors that underlies this are the business scope and the how well the industry tries and regulates China counterfeit products in the market. The most significant agenda will be that if majority of the industries not only fragrance industries join and help diminish this bad habit of contraband then this industry remain the most unfulfilled of them all and is very lucrative and needs constant development which opens up new market for old and new investors daily. Question 3 is where you have to identify how SOT (Scents of Time) can develop its brand. If counterfeit are fought of with an intense that reduces the limitation that they poses in the fragrance industry, then SOT will be able to regulate and build new brands that will entice the world in all. The SOT will have ample time and security of knowing that their product will not be counterfeited and that they get full amount of the profit. This will not only enhance more fragrance products in the market but will also increase the customers trust in the brands and help them relate and appreciate the brand of their choice. Focusing on international market, the SOT will also influence the capturing of and maintenance of the already existing market. This shall mostly be fulfilled through PEST analysis introduction in the system, this will generally centralize the SOT in a different angle of Social, Economical and Technological advancement, this advancement are supposed to influence diverse market segment capturing the young and old in this doctrines. These analysis will mainly affect SOT and this will help in assisting of branding the fragrances, this is in the cases where young at heart will have their own brand, the youth their own and the old. Also gender will also be part of the SOT influence in branding as different scents are for men and ladies, SOT will help advice on how to authenticate the proper mechanism to use when addressing the issues of fragrant among gender. As they say time will tell then this is how this industry will be when branding in the scope of gender. In conclusion because brand makes the strongest product promotional marketing tool, this applies mostly for the products which are on sale. SOT will actually be the thriving mechanism of branding only if the counterfeit are banned completely. This will enhance the scope of SOT by brand recognition and popularity, this is because SOT has the key for this attributes, and once achieved then the benefits will be ripped abundantly.  Using SOT as the promotional mechanism for the brand recognition and building customers trust, this will result to very lucrative business and the brand will be created and championed through this faction.

Apply the Learning Curve Theory

Introduction The learning curve theory is mostly distinguished as a distinction which outlays the relationship between the production time of the unit and total amount of the cumulative units which are produced. This has been articulated that increment of information retention usually gravitate following initial attempts, thus progressively even out, this usually surmount to least of new information being retained after each repetition. According to Colley (1987) learning curves are also articulated that they are the integral procedure which structures corporate strategies. Some of these strategies include pricing decision, operating costs and capital investment this are usually based on the experiences curves.  The learning curve theory usually is associated with three essential assumptions this include; (I) through repetition of the task the time required to complete the task decreases. (II) Improvement percentages decline with the consequent uplift of unit volume. (III) Over certain duration of time improvement rate can be predicted as exemplified by Teplitz (1991). Analyst have documented that increase of performance process is usually recorded and this usually surmount to doubling of the production unit within a condensed span of time after several application as noted by Baloff (1971). This is where the rate of learning is distinct, thus this conclude that constant time spun reduction is observed. The curve slope can be computed through variation of learning rate and numerical value from one hundred. This with many other concepts documents the increased performance achieved from the learning curve theory (Linton & Walsh, 2004). Review of the Pizza Store Layout Simulation The best cause that usually details learn curve theory is the case of review of pizza store layout simulation. This case has left about the concept of fully embracing and understanding the cause and decision making effects. The adjustment making which surmounts to the time spun required finishing the whole process and thus mitigating the concept of potential customers from leaving. This shall be outlined with the Mario’s Pizzeria which has been in business for a long time in America. Thus because of the customers waiting time, it is recommended that the existing process be evaluated. This would ensure that the waiting tolerance time is reduced to suit the appropriate nine minute standard waiting period for food industry (Foster, 2001). The existing period of time in pizza stores fluctuates from 10 to 11 minutes for the whole process. Breene (1998) states that the learning curve theory was implemented by Mario’s grandchild after handing over the operation which stated that if the grandchild would improve the production and add profitability of the store in two month then the confidence of the grandfather was won. Thus as the story so details the grandchild deployed learning curve theory and secured the confidence and profit for the store as well as for the grandfather. Factors which the grandchild covered were lowering the waiting period to reduce walking out of potential customers and thus promising their retention. This increase more customers and the profit margin escalated to the roof. The repetition of this   processes ensued that the workers were able to produce more within the little scope of time (Baloff, 1971). Learning Curve Theory Application Test When learning theory is put into test against an existing process, usually this will first document the existing process and all timing are set. Then after the documentation the curve theory would be implemented to embark on reducing the production time that the units take during production. The units which are produced will also increase because of this reduction of time. The time which the products usually take in the distribution chain would also be reduced to increase demand and delight to the customers (Colley, 1987). The Initial Processed Data Usually after the learning curve have been documented and implemented to assist the original process to improve the production and effectiveness of the whole process, then the result are usually delightful to both the customers and the profit margin escalate to the benefit of the owner of the business. This takes back to the case of the Mario’s Pizzeria café where when learning curve theory was implemented the results were enormous from customer delight, to profit margin going up and the production escalated due to repetition of the implemented process. The performance metric executed here entailed customer retention and reduction of the time which was used in the production process before. The rate of improvement usually facilitates reduction tool which aggregate learning curve and yields profitable results and new trends for the organization (Teplitz, 1991). This details that the performance metric would ensue that there is production of straight line which outlays the log-log scaled graph which exemplifies the new implementation changes from the older process. The performance metric of usually outlays the loss which was made by Mario’s Pizzeria shop before the implementation of learning curve theory in the running of this shop, when this strategy was injected then the results turned and the factors which were bringing loss to the shop were mitigated and the production process leveled to profitable level with higher production and reduction of the customer processing and waiting time (Linton & Walsh, 2004; Breene, 1998). Conclusion Learning curve theory when well placed and implemented in every aspect of production would sure entail profitable margin for the pursuant. The benefits are numerous and this implementation is easy to implement. Fashionably this is the best intervention that mangers should implement to add value to the production. Reduce processing time and in both the production and distribution which serves as delight of the customer and ensues customer’s retention.

References

Baloff, N. (1971). Extensions of the Learning Curve Some Empirical Results. Operations Research Quarterly. 22.44-78. Breene, K. (1998). Mario’s Pizzeria Learning Curve. Phoenix: University of Phoenix Press. Colley, J. (1987). Instructional Note – Learning Curve/Experience Curve Theory. Charlottesville: University of Virginia Darden School Foundation Press. Foster, T. (2001). Managing Quality an Integrative Approach. New Jersey: Prentice-Hall, Inc.    

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