Law Essay Example | Topics and Well Written Essays - 1750 words - 2

Law - Essay Example The development of each of these areas of law would be discussed in turn and any similarity as well as difference would looked into so as to make an effective comparison between the two difference applications that have been provided for that is one by way of statute and the other would be that of the rule of Wheeldon v. Burrows and the cases that have effectively developed the rule and applied the provision. Easements are where a benefit is provided to the dominant tenement that is the land which benefits from the easement, which provides the person who owns the dominant tenement of land to use the easement. The second element in respect of an easement is the based on the fact that since there is a benefit that is accruing there is a burden on what is known as the servient tenement or in other words the land that has been burdened by the easement. A vital principle related to an easement is the fact that it is a proprietary interest and the accruing benefit and burden, subject to th e laws of registered and unregistered land, transfer, if the land that is either the servient or dominant tenement is transferred to another person. (Cursley et al 2009) The creation of an easement is dependent upon the satisfaction of a criterion that had been laid down in Re Ellenborough Park1 which are generally referred to when determining the existence of an easement. The first and foremost requirement is the fact that there must be a dominant and servient tenement thus eliminating the possibility and stating that the easement cannot exist in gross. (Hawkins v. Rutler)2. The second requirement is the fact that the dominant and servient tenement’s occupation and ownership must be by different persons (Roe v. Siddons)3. However, according to Wright v. Macadam4 the occupation by different persons would allow an easement to be created. The Third element is the fact the easement must benefit the dominant tenement and this is dependent upon the proximity of the servient teneme nt; it also been stated that the advantage should not be purely personal (Hill v Tupper); and the right must not that be of a recreational user. The fourth criterion is that the easement that has been alleged must be capable of formation of subject matter of a grant. Case law has developed upon the criterion and has provided guidelines in this respect, the first one being that there must be a capable grantor, which is clear in the facts at hand, the second that there must be a grantee which is evident because the tenants were granted the rights; thirdly the subject matter of grant is sufficiently certain, which is clear enough in respect of the facts that is the right to cross; and finally the right must be capable of being called an easement that is it is covered under the rights which have been recognized to be easements, which has been done in respect of the right to cross. The final factor that has not been expressly listed down in the case was that of public policy which is con sidered when determining whether an easement is existent or not. (Grey et al 2006) The next aspect that is considered is that easement can be existent either legally or under equity as laid down under section 1 of the Law of Property Act (LPA) 1925. (Cooke 2006) As far as legal easements are considered there are a number of formalities that need to be fulfilled. The first requirement is that for a legal easement there must either be a fee simple absolute in possession or as an adjunct to a term of years (section 1 Law of Property Act 1925). Secondly easements can only be legal if created by way of statute, by prescription, by deed or registered disposition. All other easement are equitable in nature. (Dixon 2004) As far easement by prescription is Law Essay Example | Topics and Well Written Essays - 1500 words Law - Essay Example Unfortunately, even in 2012, until more research is conducted to collect data on duration of street bail, Hucklesby’s claims remain valid. Street bail was introduced in the British legal system in 2003. The amendment came into effect in 2004.1 Street bail was designed to speed up justice in the British legal system by enabling officers to spend more time collecting evidence, and less on bringing the suspect in the police station to bail him or her out a few minutes later.2 There were estimates in 2004 that the new bail system would be economical, as it would provide additional 390,000 hours of police officers’ time annually to focus on investigating the crimes.3 Guidance on Street Bail was implemented in 2006. The guide aimed to direct implementation of the Sections 30A to 30D of the Police and Criminal Evidence Act 1984 (PACE), as amended by Section 4 of the Criminal Justice Act 2003. 4 While making a decision whether to bring the offender in or not, the police officer must consider following facts: whether the offender has a history of violating the bail, whether the offender could jeopardize the evidence crucial to the judicial system if left free, whether the offender could continue offending if left free, and whether data are correct regarding the address of the offender and the nature of the offense. 5 In Northern Ireland, an equivalent document was published as well.6 However, Hucklesby argues that the pre – charge bail system only discourages justice. The nature of the offense, or the ability to jeopardize evidence, is left to the interpretation of the police officer. As a result, Hucklesby argues, more arrests will take place, instead of fewer.7 Moreover, in cases where police officers will not be willing to pursue the investigation, the offender will not be turned in.8 Cape too agrees with Hucklesby’s arguments, due to the inexperience of the arresting officers and a low threshold for arrest and long bail periods, where sus pects will not be able to present their own story.9 Some argue otherwise. There are arguments that even in the light of the new approach to bail, PACE â€Å"continues to use its ‘fundamental balance’ approach,†10 which was abused in the past. PACE’s approach is to protect the rights of the suspect, while allowing for the police officers to gather enough evidence to identify the offender.11 One of its aims is also to decrease detention time. 12 A famous case portraying the misuse of power before the street bail on behalf of law enforcement officers is the Birmingham pub bombings, where six suspects were wrongfully convicted.13 The suspects were treated outside their protection system and tortured.14 Moreover, they were interrogated partly also outside of the police station, which violates the rules of PACE.15 The new approach to bail on street attempts to avoid such problems through allowing suspects freedom while conducting investigation. However, the powe r remains in hands of the arresting police officers. Though PACE aims to decrease the detention time, Skinns has found evidence that detention time has been increasing back to the pre – PACE level.16 In 1986, the mean detention time was over four hours, whereas in 1990 – 3 it increased to over six hours. 17 In 1979, before PACE, the mean detention time was over ten hours. 18 Moreover, police investigation is still a problem. Skinns found that gathering evidence is still a problem in the British criminal system, and it rests with â€Å"

Teamwork experience Essay Example | Topics and Well Written Essays - 1000 words

Teamwork experience - Essay Example The researcher states the cultural differences made him stand out of the group at a communicative level. The Australians fluently spoke to one another and quite often, the researcher would feel left out. He tried to join them in the conversation. But he used to take too long to think about right words to construct the sentence, which would not only be embarrassing for him, but would also require them to display patience while listening to the researcher, which ultimately broke the temp of conversation. The author of this article understood English sufficiently to know the meaning but founds it difficult to speak with the required fluency and appropriate usage of words. Anyhow, he did not have any choice as the authority rested with majority and conversation had to be made in English. Besides, English is the course language so he had better give up any attempts to devise another language as the medium of communication. He mostly listened to his group members as they spoke. This not on ly maintained the tempo of conversation, but also provided him with an opportunity to improve his English speaking skill. There was a great deal of difference between the comfort he felt in speaking English between the start of the project and the end of the project. There is another positive aspect of interacting in foreign language which is that it reduces cultural differences among team members and helps in the development of strong rapport among them. (Neyer and Harzing, 2008, p. 13). In week 6, we learned how to work in a diverse group. The diversity among team members can be there in terms of difference of age, gender, culture and such other factors. In our case, our team was diverse in terms of culture as we were all boys and belonged to the same age group. I learned that diversity can cause many conflicts if not handled in the appropriate manner. In order to minimize the conflicts, we needed to minimize the cultural differences by understanding one another’s culture. Therefore, we established a culture based meeting. In that meeting, I was supposed to introduce Chinese culture to my group mates whereas they would talk about the Australian culture. That meeting was specifically meant to enhance our understanding of each other’s cultures. It is possible to reduce the cultural differences between team members if â€Å"mental processes associated with national culture are relatively fluid, and can be changed and sustained by appropriate situational factors† (Leung et al., 2005, p. 367). In the culture based meeting, the specific area that required to be discussed was ethics. Standards of ethics vary from culture to culture. What actions are considered respectable and honoring in one culture may be considered insulting in another, Therefore, in order to make sure that we respected each other’s cultural ethics, we discussed ethics of Chinese and Australian culture in this meeting. This way, we handled the cultural diversity in a v ery good manner. Not only was this meeting very enjoyable and informative, it also helped us escape a lot of dysfunctional conflicts as we knew each other’s cultural demands and would act accordingly so that nobody’s feelings were hurt. In week 7 and week 8, we learned how to work in a team, minimize the conflicts and be successful. Teamwork is very helpful for achieving big tasks that require a multitude of competences all of which are not the property of one individual. Therefore, in a team, members benefit from one another’s competences in order to attain their mutual goals and shared objectives. In our team, students A and B had a stronger bond with each other than with the rest of team members. They would often make fuss over petty issues, and we had to be patient in order to keep the ship

Compare and Contrast Essay Example for Free

Compare and Contrast Essay Love is an emotion that deeply alters a person’s thought-process. This emotion can bring out the best of people or even make them question who they are and what they’re willing to give up for the person they love. In Judith Ortiz Cofer’s short story â€Å"Catch the Moon†, she suggests that love can change a person for the better by making them want to improve themselves. However, in W. D. Wetherell’s short story â€Å"The Bass, The River, and Sheila Mant†, he suggests that love can make a person try to be someone they are not, ultimately leading in disappointment and regret. Although both authors center their stories on the topic of love, they differ greatly from their character conflicts, character changes, conflict resolutions, and their themes. In â€Å"Catching the Moon†, Luis Cintron and his father constantly argue and never get along very well. However, when Luis meets this girl named Naomi, he experiences an emotion that reconnects him with his dad. Meeting Naomi causes Luis to experience love—an emotion he hasn’t felt since the death of his mother—and causes him to want to develop better character because he knows that his mother would want him to be happy. In order to prove his improved character to both Naomi and his dad, Luis searches all night for a hubcap that will match the one that Naomi is looking for. After hours of searching, Luis finally finds the hub cap and rushes to bring it to Naomi. Cofer states that Luis, â€Å"†¦waited to give her [Naomi] the first good thing he had given any one in a long time† (Cofer, pg. 240). This quote demonstrates that because of his new love, Luis was ready to change his personality for the better and that love can truly reconnect old flames from within oneself. â€Å"The Bass, The River, and Sheila Mant† portrays a different message than that of â€Å"Catching the Moon†. In this short story, the narrator faces an internal conflict between choosing over his two passions—Sheila Mant and fishing. The narrator has always dreamed about impressing Sheila Mant, but he wavers when Sheila criticizes fishing for being dumb and boring. Regardless of her opinion, the narrator continues his mission of impressing Sheila by taking her on a boat ride and going to a popular party. On the way to the party, a fish gets caught on the fishing line the narrator left out  on the boat, and by the struggle the fish puts up, he knows that it’s the bass he’s been waiting all summer to catch. Emotions rush through his head, and even though the narrator has waited all summer for this fish, he chooses Sheila instead. The narrator cuts the line, goes to the party with Sheila, and has his heart broken when she chooses to ditch him for another guy. From this experience, the narrator learns that there are plenty of fish in the sea and that he shouldn’t have changed himself just to get a girl to like him. He even goes on to say that, â€Å"There would be other Sheila Mants in my life, other fish, and though I came close once or twice, it was those secret, hidden tugging in the night that claimed me, and I never made the same mistake again† (Wetherell, pg. 150). This quote demonstrates the story’s theme of not changing who you are for love because it will only result in regret and disappointment. Love is a very complex emotion. There are a lot of rules and regulations to love, as well as a lot of exceptions to these rules. All in all, in order to have a happy relationship, one must do want makes oneself happy. If someone’s happiness is put in jeopardy just because of a relationship, then the relationship was definitely not meant to be. In other words, when entering a relationship, don’t choose the better boy or girl; choose the boy or girl that will make you a better person. Works Cited Cofer, Judith Ortiz. Catch the Moon. 2003. Holt Literature and Language Arts. 4th ed. Austin, Texas: Holt, Rinehart and Winston, 2003. 234-40. Print. W. D. Wetherell. The Bass, The River, and Sheila Mant. 2003. Holt Literature and Language Arts. 4th ed. Austin, Texas: Holt, Rinehart and Winston, 2003. 245-50. Print.

Financial Ratio Analysis And Industry Averages Finance Essay

Financial Ratio Analysis And Industry Averages Finance Essay The price earning P/E ratio shows how attractive a firms stock is for investment. The P/E of Etisalat has increased from previous year 2009 which shows that in 2010 Etisalat has become more attractive for investments. Profitability Ratios Return on Common Equity (ROCE or ROE) ROE = Earnings after Tax à · Equity Shareholders fund x 100 This ratio shows the rate of return of the risk takers also referred to as the stockholders (Sinha, 2009). The ratio shows the stockholders or investors the rate of return of their investments in stocks of Etisalat. The following table shows the ROE ratio for Etisalat: Financial Ratios 2010 2009 Profitability ROE 20.41 22.17 The above table clearly shows that the rate of return for the shareholders of Etisalat has reduced from 22.17% in 2009 to 20.41% in 2010. Therefore the risk of investment in stocks of Etisalat has increased in 2010 comparing with the ratio of 2009. ROA (Return on Total Assets) Return on Total Assets (ROA) = (Net Income à · Total Assets) x 100 Higher ROA indicates the higher return on Assets, this ratio must be above the industry average to show greater returns on Assets (Brigham Houston, 2009). Note: another reason for a low ROA could also indicate the intentional use of debt for financing activities of a firm. The following table shows the ROA calculated for Etisalat. Financial Ratios 2010 2009 Profitability ROA 9.74 12.40 The ROA for Etisalat has reduced in 2010 to 9.74% from 12.40% in 2009, which shows the reduced rate of return on assets, indicating the poor performance of Etisalat also showing the use of debt by the firm. Liquidity Ratios: Current ratio Current Ratio = Current Assets à · Current Liabilities The ratio shows the weak or stronger liquidity position of a firm, higher the current liabilities lower the current ratio and vice versa. The calculated ratios of Etisalat are shown in the following table: Financial Ratios 2010 2009 Liquidity Current Ratio 0.79 0.83 The liquidity position of Etisalat has reduce negatively when comparing current ratio of 0.79x in 2010 with 0.83x in 2009, consequently the ability of Etisalat to convert its assets into cash has reduced. Quick Ratio Quick, or acid test, ratio = (Current assets Inventories) à · Current Liabilities Quick Ratio also depicts the liquidity position of the firm to pay off short-term liabilities without relying on sales (inventories). The following table shows the calculated Quick Ratio for Etisalat. Financial Ratios 2010 2009 Liquidity Quick Ratio 0.78 0.82 Acid test of Etisalat revealed that the liquidity of the firm to pay shot-term liabilities has reduced from 0.82x in 2009 to 0.78x in 2010. Asset Management Ratios Inventory Turnover Ratio Inventory Turnover Ratio = Sales à · Inventories This ratio shows the number of times inventories are turned over into sales, and higher value shows that the inventories are being held for longer times. The Inventory turnover ratio of Etisalat is shown by the following table. Financial Ratios 2010 2009 Asset Management Inventory Turnover Ratio 100.96 115.03 The ratios in the table clearly show the ability of Etisalat to convert inventories into sales has increased shown by declining Inventory Turnover Ratio of 100.96x in 2010 from 115.03x in 2009. Debt Management Ratios Total Debt to Total Assets Debt ratio = Total Debt à · Total Assets This ratio shows in percentage the risk level faced by the firm, the debt ratio of Etisalat is shown with the help of following table: Financial Ratios 2010 2009 Debt Management Total Debt to Total Assets Ratio 6.34 4.52 The values in the table above show that the risk of investing in Etisalat has increased from 4.52% in 2009 to 6.34% in 2010. Financial Profile Emirates Integrated Telecommunications Company PJSC and its Subsidiary The financial profile of Emirates Telecommunication is presented by the data retrieved from financial statements of the firm. Financial Ratio Analysis Emirates Integrated Telecommunications Company PJSC and its Subsidiary 2010 and 2009 Data retrieved from the Financial Statements 2010 2009 AED000 AED000 Current Assets 4,671,779 2,224,887 Total Assets 12,519,678 9,531,905 Current Liabilities 6,441,462 3,676,842 Total Liabilities 7,423,911 6,740,365 Inventories 47,300 38,931 Sales Revenue 7,074,097 5,338,699 Interest 102,199 12,998 EPS AED 0.31 AED 0.06 N.I. 1,310,431 264,124 Market Value Per Share AED 2.72 AED 2.79 Total Shareholder Equity 5,095,767 2,791,540 Total Debt 904,735 3,000,000 The ratio analysis is conducted on the basis of data retrieved in the table bove. Ratio Analysis of Emirates Integrated Telecommunications Company PJSC and its Subsidiary: Market Value Ratios: P/E Ratio (P/E) Price/Earnings Ratio = Market Price Per Common Share à · Earnings Per Share The share price of Emirates Integrated Telecommunications for the year ended 31 December, 2009 was AED 2.786 and 31 December, 2010 AED 2.72 (Bloomberg, 2013). The following table shows the calculated P/E for Etisalat. Financial Ratios 2010 2009 Market Value P/E 8.77 46.43 The price earning P/E ratio shows how attractive a firms stock is for investment. The P/E of Emirates Telecommunication has reduced drastically from previous year 46.43x in 2009 to 8.77x in 2010 which shows that in 2010 Emirates Telecommunication has become less attractive for investments. Profitability Ratios Return on Common Equity (ROCE or ROE) ROE = Earnings after Tax à · Equity Shareholders fund x 100 This ratio shows the stockholders or investors the rate of return of their investments in stocks of Emirates Telecommunication. The following table shows the ROE ratio for Emirates Telecommunication: Financial Ratios 2010 2009 Profitability ROE 25.72 9.46 The above table clearly shows that the rate of return for the shareholders of Emirates Telecommunication has increased from 9.46% in 2009 to 25.72% in 2010. Therefore the risk of investment in stocks of Emirates has reduced in 2010 comparing with the ratio of 2009. ROA (Return on Total Assets) Return on Total Assets (ROA) = (Net Income à · Total Assets) x 100 The following table shows the ROA calculated for Emirates Telecommunication. Financial Ratios 2010 2009 Profitability ROA 10.47 2.77 The ROA for Emirates Telecommunication has increased in 2010 to 10.47% from 2.77% in 2009, which shows the increased rate of return on assets. Liquidity Ratios: Current ratio Current Ratio = Current Assets à · Current Liabilities The calculated current ratio for Emirates Telecommunication are shown in the following table: Financial Ratios 2010 2009 Liquidity Current Ratio 0.73 0.61 The liquidity position of Emirates Telecommunication has reduce negatively when comparing current ratio of 0.73x in 2010 with 0.61x in 2009, consequently the ability of Emirates Telecommunication to convert its assets into cash has reduced. Quick Ratio Quick, or acid test, ratio = (Current assets Inventories) à · Current Liabilities The following table shows the calculated Quick Ratio for Emirates Telecommunication. Financial Ratios 2010 2009 Liquidity Quick Ratio 0.72 0.59 Acid test of Emirates Telecommunication revealed that the liquidity position of the firm to pay shot-term liabilities has increased from 0.59x in 2009 to 0.72x in 2010, which shows that Emirates Telecommunication is more liquid in 2010. Asset Management Ratios Inventory Turnover Ratio Inventory Turnover Ratio = Sales à · Inventories The Inventory turnover ratio of Emirates Telecommunication is shown by the following table. Financial Ratios 2010 2009 Asset Management Inventory Turnover Ratio 149.56 137.13 The ratios in the table clearly show the ability of Emirates Telecommunication to convert inventories into sales has decreased shown by increasing Inventory Turnover Ratio of 149.56x in 2010 from 137.13x in 2009. Debt Management Ratios Total Debt to Total Assets Debt ratio = Total Debt à · Total Assets The debt ratio of Emirates Telecommunication is shown with the help of following table: Financial Ratios 2010 2009 Debt Management Total Debt to Total Assets Ratio 0.07 0.31 The values in the table above show that the risk of investing in Emirates Telecommunication has reduced from 0.31% in 2009 to 0.07% in 2010. Industry Averages in Telecommunication Industry UAE The industry averages of the telecommunication for P/E, ROE, ROA, Debt Ratio and Current Ratio are: P/E P/E Industry Average Telecommunication Industry UAE 2009 2010 P/E Etisalat 9.69 10.31 P/E Emirates 46.43 8.77 2009 2010 P/E Industry Average 28.06 9.54 ROE ROE 2009 2010 Etisalat 22.17 20.41 Emirates 9.46 25.72 2009 2010 ROE Industry Average 15.815 23.065 ROA ROA 2009 2010 Etisalat 12.4 9.74 Emirates 2.77 10.47 2009 2010 ROA Industry Average 7.585 10.105 Debt Ratio Debt Ratio 2009 2010 Etisalat 4.52 6.34 Emirates 0.31 0.07 2009 2010 Industry Average 2.415 3.205 Current Ratio Current Ratio 2009 2010 Etisalat 0.83 0.79 Emirates 0.61 0.73 2009 2010 Industry Average 0.72 0.76

The Operational Strategy for Gap Inc

The Operational Strategy for Gap Inc It is clear in the market that as an organization Gap is struggling. Profitability, changing customer needs and tastes and increased global competition has affected our performance. The Gap North America division for instance, has not posted an annual increase in sales at stores open at least a year since 2004. In 2009, sales were $3.82 billion, down almost one-third from where they were in 2004, Clifford (2011). At least four changes at CEO level have occurred, and as the new CEO, the need to determine and implement an effective operational strategy is of paramount importance. The objective of this presentation is to obtain board approval on the proposed Operational Strategy for Gap and any possible changes to the recommendations and conclusions drawn by the executive team. The methodology adopted involved reviewing the entire business operations of Gap and that of its leading competitors (especially Zara). This involved using secondary data from the case study, internet searches on trends and developments in the global fashion industry and that of the company. In the development of this operational strategy it was important to note that, the operational strategy is sub servant to the broad corporate strategy and using the Porters (1985) value chain analysis. This according to Heizer and Render (2011) uses identified activities that represent strengths or potential strengths and maybe opportunities for developing competitive advantage. It must be noted early, however, that an alternative perspective exist that the use of resource view approach. Using the resource view approach means that Gaps effectiveness is predicated by determining the optimum fit for the firms resources in the dynamic environment as noted by Heizer and Render (2011). A hybrid response and differentiation strategy shall be adopted as apposed to the traditional cost leadership strategy within Gap. Our focus and competitive advantage as an organisation has thus shifted from just become cheaper to becoming better and faster. This means that we are aligning to changes in cus tomer needs, increasing global competitiveness and a dynamic business environment. (A justification for this strategy is provided for in annexure 1 of this report). The CSFs necessary to ensure the success of the operational strategy included, effective communication, internal marketing, change management and while communication was found to be the most Cost of implementing changes to ensure that successful execution of the operational strategy was determined asà ¢Ã¢â€š ¬Ã‚ ¦.. The recommendations put forward to the board included the need to adopt the operational strategy in line with understanding that radical change is a prerequisite. Critical Success Factors to include, internal marketing of the operational strategy, building a performance culture, ensuring effective communication and putting in place a reward-systems that are linked to performance are a must. Table of Contents Page 1.0 Design of goods 2.0 Process and Capacity Design 3.0 Location Selection 4.0 Layout design 5.0 Supply Chain Management 6.0 Inventory Management 7.0 Scheduling 8.0 Conclusion and Recommendations List of References Annexures 1.0 Design of goods 2.0 Process and Capacity Design 3.0 Location Selection 4.0 Layout design 5.0 Supply Chain Management Hanna and Newman (2002) define SCM as the configurations, coordination and improvements of a sequentially related set of operations. It is the output from operations referred to by Hanna and Newman (2002) that customers get, and therefore, the strategic emphasis of well-managed supply chain is to have a competitive advantage driven primarily by strong customer focus. Heizer and Render (2011) define SCM as the management of activities that procure materials and services, transform them into intermediate goods and final products and deliver them through a distribution system. The authors believe that in todays business competition is not between companies but rather supply chains. This means that if internal operations at Gap can be improved to surpass that of competition it will give our organisation a competitive advantage. This section of the report will focus on how Gap can change its relationship with suppliers and distributors and most importantly an evaluation of managing our purchasing and outsourcing activities in line with increased competitive activity. In reviewing the above the objective it to build a chain of suppliers that focuses on maximising value to the ultimate customer Heizer and Render (2011). The major challenge within Gap has been our inability to control and determine what is to be made and what is to be purchased effectively. As we maximise value along the chain we will be able to ensure that we improve on quality, delivery and innovation. Our global presences demands that the review of the supply chain be linked closely to the overall strategy of the business. In other words this means that the operational strategy must link back to the broad corporate strategy for GAP. Key aspects of this the broad corporate strategy and operational strategy is driven primarily be the need to increase competitiveness through product customisation, high quality, cost reductions and speed to market with the added emphasis being on the supply chain Heizer and Render (2011). Refer to the corporate strategy in à ¢Ã¢â€š ¬Ã‚ ¦. It is proposed that a new integrated supply chain be adopted with Gap. This means that, having fewer suppliers and building on a centralised manufacturing. The advantages will be cutting down on unnecessary costs by suppliers while building on a pool of highly effective supplier base that is aligned to the firms overall vision and direction. Zara continues to use vertical integration as a method to build on expandin g its supply chain. The Japanese, method of Keirestu would work well as we combine both few suppliers and vertical integration. Whilst our traditional many-supplier strategy worked in the past suppliers were responsible for maintaining the technologies and expertise, costs and quality controls the surge in competitive activity especially form Zara has shown that centralised and or few supplier strategy works better. The need to focus on controlling supply and building on technological advantages is an imperative to the success in the industry. It will be necessary as few suppliers will help on improve inventory management as we move closer to the implementation of a JIT system. These few suppliers will be asked to participate in the design of goods by helping in the partnering in research and development initiatives to include, provide design innovations, input on changing customers tastes and needs and technological expertises. Review of existing Suppliers: our focus is to cut down on scatter and huge number of suppliers and thus focus on building dependable close yet very few suppliers with long-term strategic relationships Heizer and Render (2011) Because of the shift in focus of our broad strategy (differentiation) it means that the selection of our suppliers inevitably has to change. This change however is radical demanding that our lower end suppliers that are not cost effective and do not meet the changing requirements set by the organisation must be immediately cut out. Whilst the medium to long-term aspect of our strategy demands that we build a centralised manufacturing. This means that, existing risk associated with the environment (customs duties, tariffs, security screening, natural disasters, currency fluctuations, terrorists attacks and political issues), controls (management metrics and reliable secure communication for financial transactions product designs, and logistics scheduling) and process performance (raw material and component availability, quality and logistics) need to be considered, Heizer and Render (2011). Ongoing reviews of competitors centralised manufacturing performance will continue in line with building on the above necessary changes to ensure that risks identified can be mitigated. Heizer and Render (2011) proposes that while changes in the supply chain management happens differently in different organisation its success will depend on the building mutual agreement of goals, trust and compatible organisational culture. These are discussed in the conclusion section of the report. Fisher (1997) offers insight on how supply chain decisions affect strategy. Because Gap desires to use a hybrid strategy various aspects of Fishers input are critical to the success of the organisation. Our Supplier goals will equate to those of Benetton and that is to share market research jointly and develop products and options. Our Primary selection criteria however will select primarily for capacity, speed and flexibility. Gap would need to invest aggressively to reduce production lead time while use product design that lead to low setup time and rapid production ramp-up. 6.0 Inventory Management Effective supply chain management that is aligned to both a well-structured operational and corporate strategy has ensured that Zara remains highly profitable. It has also meant that it (Zara) can continue to build on its in-house production and inventory management systems. Backed by advanced technologies and inventory optimisation models Zara has been able to improve on its efficacy. To this end, Zara has a failure rate of 1% compared to the industry of 10%. The experiences that we have faced as an organisation in managing inventory has greatly performance because our 10% error rate in our clothing collection is very high and makes us very uncompetitive. In-part our many-supplier strategy is to be the cause of theses failures while in turn the fact that suppliers are many, makes the handling and processing of inventory very difficult from inbound logistics of raw material inventory to delivery of finished goods inventory. Two categories of inventory posses the biggest threat to our organisation and are a major concern. These are the management of raw material inventory and finished goods inventory. It is key to note that in line with changes in supply change, a review of our customer satisfaction (refer to Goods and service design à ¢Ã¢â€š ¬Ã‚ ¦) suppliers, production schedules and human resource planning are key in achieving success in inventory management as noted by Heizer and Render (2011). Poor record keeping of inventory has also been a major problem this has been caused by the huge stock of unsold items returned from own store retail chains in exchange of in-season stocks. While the existing many-supplier strategy has also increased stock and warehouse as lead times for stocks continue to negatively affect stock holding levels and record keeping. This also in turn increases holding stock costs and insurance charges while our competitors especially Zara centralised distribution warehouses hold stock for only 72 hours. A very effective and simple system to implement in store is a two -bin system. It is the view of the executive that going back to basics in inventory control will play a critical role in ensuring that we succeed in tracking and monitoring stock movement for the group. If is difficult to worry about more scientific approaches such as probabilistic models when the major challenge is that we have excess stock of clothing lines that have not been sold. Art P eck the former CE for Gap the Northern American rightfully notes Unless we put cute clothes in front of our customer on the shelfà ¢Ã¢â€š ¬Ã‚ ¦everything else we do isnt going to matter. 7.0 Scheduling Contracting manufacturing has created major challenges for our organisation in the past, as lead times have been long, late deliveries and prevention of out-of stock situations become an on going exercise. Lessons from the industry have shown the need to restructure our scheduling in line with proposed changes in supply chain and inventory management. According to Heizer and Render (2011), the scheduling decision addresses the problem of matching productivity to fluctuating demands. It is however important to note that different processes suggest different approaches to scheduling. Based on our selected strategy and the position taken by our competitors such as Zara and HM, it is important that we build on process focused facilities in the medium to long term period as we seek to centralise our operations. This means that we generate a forward-looking schedule, where MRP generates due dates that are refined with finite capacity scheduling techniques as noted by Heizer and Render (201 1). Automated scheduling systems will be put in place with trained and competent personnel. This is necessary to ensure that accurate and relevant production database is maintained throughout the entire organisation. Therefore in the first few months of operationalising the CE and Operations Director will review item master file, routing file, work-centre master file to ensure that scheduling is down to satisfactory standards (something that my predecessors failed to effectively manage). In own store retail structures Gap will employ a strategy current used by Zara to effectively manage staff. This method involves cyclical scheduling as it has been proven to reduce man-hours and increase staff motivation. Software to perform scheduled staff based on stores forecasted sales volumes with location staffing even during peak periods has been identified and been purchased to achieve the above requirement of cyclical scheduling at own store retail locations. Feasible and efficient schedules of production must be developed, the demands of human resources and facilities must be determined and controlled Heizer and Render (2011). 8.0 Conclusion and Recommendations The above analysis has clearly shown that change is eminent within the organisation. It is important to note that this change is radical and has to be implemented immediately. The criticality of the operation strategy (like all other major programs such as the balanced score card) demands that executives are tasked with specific duties and responsibility to ensure its success. To this end, executive management must ensure that operational decisions assigned to them be coordinated and communicated effectively among all operational structures and divisions (a schedule for the critical implementation has been shown below). The major concern from a marketing perspective is our failure to provide customers with products that clearly meet their specific needs and or tastes. The ever-changing business environment and increased competitiveness globally has also worked against the firm. However, from a purely operational perspective this has meant that we need to change our operating model an d ensure that it is aligned to the broad corporate strategy. In this regard the most effective strategy will be a hybrid response and differentiation strategy. This strategy will be different to the traditional cost leadership strategy within Gap. Our focus and competitive advantage as an organisation has thus shifted from just become cheaper to becoming better and faster. This means that we are aligning to changes in customer needs, increasing global competitiveness and a dynamic business environment. Key aspects of differentiation that will be incorporated are innovative design and a shopping experience unmatched to competition whilst the response aspect of our strategy will ensure flexible manufacturing reliability in our inventory, supply chain and scheduling structures and quickness in process design (as this will now be a lean structure). Key Operations Decision Major activities to be conducted Responsibility Due Date Design of Goods Process and capacity design Location Selection Layout design Supply Chain Management Inventory Management Scheduling The success of the Operational Strategy will not solely be based on its adoption and approval by the board but also by the need and realisation that it has to be implemented. However, implementation will also involve change, Burnes (2004), effective communication, Thill and Bovee (2001), internal marketing, Keegan (2001) and redefinition of reward systems and performance culture, Hitt, Black and Porter (2004). These critical success factors will help build on trust, ownership, teamwork and transparency while ensuring the successful implementation of the Operational Strategy. 8.1 Performance culture Reid (2005), sums up a performance culture that Gap must adopt to achieve a credible performance learning system these are: Openness and trust: candor must be encouraged and managers have to be willing to speak the unspeakable. Trust produces an environment where there is less defensiveness when issues are raised; people react more honestly and ask questions. Managed differences: conflicts are addressed and unfulfilled commitments exposed, options and alternatives are looked at without predetermined outcomes. Simplicity and focus: there is focus on implementation, with clarity and precision defining what needs to be accomplished and how. There is commitment at every level to remove complexity from the way of doing business. Playing to peoples strengths: leaders know their people and match effectively talent and task, as they understand their peoples strengths and how best to elicit them. 8.2 Internal marketing Internal marketing must become part of the on-going process within Gap. This will involve functional process alignment, motivation and empowerment of employees at all levels to consistently deliver and satisfy customer experience. Internal marketing must empower employees and give them accountability and responsibility because it helps non-marketing staff to learn and be able to perform their tasks in a marketing-like manner. For the internal marketing to be effective, employees must internalise the core values of the organisation. Sponsors can print t-shirts, caps and merchandise to give employees to wear every Friday so that they remember the importance of the project. 8.3 Reward systems To address motivation and morale within Gap there is need to initial review the existing reward and performance bonus scheme. The traditional approach of linking this to bottom line heavily undermines long term sustainability of the organization, as managers and employees race to meet target. Having worked in operations, the risk is made high as we near the festive season sales personnel dump long shelf life products on customers (on the basis that they will be in critical short supply) so as to meet targets. This works well until two months down the line, customers either refuse to replenish orders and or return product because it is nearing expiration. These losses are usually only accounted for way after the productivity bonuses have been paid out and annual accounts drawn. Whilst it is important to inform or remind employees what results are desired and motivate them to achieve and exceed the performance targets, the performance learning system (balance score card will help addre ss ensure this is done with great transparency). To achieve the above, sponsors through the HR department must ensure: Drafting job description based on process requirements and characteristics Translating process goals and action plans, personal training and development requirements into personal performance measures. Defining appropriate performance targets based on known capability and desired characteristics. Formally appraising performance against the range of measures developed and compare with target performance. Rewarding and recognizing superior performance. A balance must be struck in selection of reward system mix for both long term and short term success of Gap. Thus, in the short-term, rewards such as bonuses, commissions and piece-rate payments can be used long-term rewards can constitute stock based incentives i.e. stock options, stock appreciation rights and phantom stock plans. 8.4 Change Management Having internally marketed the adoption of the Balanced Scorecard as a PMM system, performance measure owners, must manage the change process. The change being implemented in Gap is planned as it is being consciously embarked upon, Burnes (2006). Stages of the planned change will entail: exploration, planning, action and integration. During each stage identified above it will be necessary for performance measure owners to involve employees for the change process to be successful. The change process reinforces behaviors that are aligned to Gaps objectives through feedback and full utilization of the reward system being created. However, in the implementation of the balance scorecard and in effecting change as a critical success factor to the entire project barriers might impede the successful execution of the project. According to Burnes (2006) the barriers to effective change programs are: competing resources, functional boundaries, change management skills, communication, Them and us- the opposition element, people needs and training, unrealistic timetables, resistance to change and initiative fatigue These factors can occur at any stage and can affect employees both the general labour force and even managers and the executive. To overcoming these barriers, Burnes (2006) proposes communication, ability to establish high trust relationships, negotiation, Influencing and build on self confidence.

Kansas-Nebraska Act Essay -- essays research papers

The Kansas-Nebraska Act of 1854 created the territories of Kansas and Nebraska, and opened new lands for settlement. Because there was millions of acres of arable farmland, it was necessary to create a territorial infrastructure that would allow settlement. The people living in the Kansas-Nebraska area also wanted a railroad system for transportation. The railroad workers wanted to expand their railroad there as well, because they needed farmers for customers. The Kansas-Nebraska Act was created and proposed by Democratic Senator Stephen A. Douglas of Illinois, who greatly supported the railroad system. Douglas was excited to have a railroad system that reached from his home city, Chicago, all the way to California. However, the Southerners felt differently about the railroad. The Southerners wanted a transcontinental railroad that began in New Orleans and extended to Southern California. Their different views about the railroads brought conflict between Douglas and the Southern Senators, so Douglas decided to make a compromise with them. Instead of having the railroad run throu...

Cloning, Triumph or Tragedy? Essay -- Argumentative Persuasive Clone G

Cloning, Triumph or Tragedy? The creation of life through scientific experiments is not a new concept. The idea has been in existence as far back as two hundred years. Mary Shelley was far ahead of her time when she brought the human like creature to life in her writing of "Frankenstein, The Modern Prometheus." The story of "Frankenstein" was written as a myth, yet it continues to leave the world intrigued today. The idea of creating human or animal life is now in the making, except there is a twist to creating this new life. It is known as cloning, bringing an exact replica of cells to life to create an animal or a human that is already in existence. Though human life has not yet been a part of cloning, the cloning of one lamb has recently occurred. The advantages to cloning as well as many ethical dilemmas will be discussed, According to one document, "The technology to clone is simple, though far from perfect." Various views will also be shared from J. Michael Bishop ¹s"Enemies of Promise." Scientists will express their beliefs in the advancement of technology and the use of science in today ¹s world. Many definitions of cloning have been brought to light by groups and organizations. The American Medical Association defines it as "the production of genetically identical organisms via somatic cell nuclear transfer." Cloning is the method of producing a baby gene that has the same gene as its parent. The idea of cloning all began in 1997 with embryologist, Ian Wilmut, from Roslin Institute in Scotland. He and his colleagues were the first to clone a lamb they named "Dolly." Before this experiment was proven successful, cloning was thought to be an impossible endeavor. It is true that the technology to clone does exist, but ... ... it is human failure that causes problems in our society. People need to think harder about the reality and the effects cloning could have on society before cloning itself becomes real. If human cloning ever does become legalized and takes place, I surely hope that science doesn ¹t take the bad  ³rap ² for it, but the failure of humans instead. We saw Victor Frankenstein ¹s failures, we saw other accounts of failures. Maybe we should learn from the various examples, that human life is extremely fragile and to distort it could change the human race forever. Works Cited Bishop, J. Michael.  ³Enemies of Promise. ² 237-242 Farnsworth, Joseph (2000, April) To Clone or not to Clone. http://farnsworth.tripod.com/Humancloning/cloning_m.htm Marty, Martin (1997, May) A Wolf in Sheep ¹s Cloning. http://thelutheran.org/9705/page26.html Shelley, Mary.  ³Frankenstein. ² 231-235