Strategic Analysis Of John Lewis Partnership Limited Marketing Essay

Strategic Analysis Of John Lewis Partnership Limited Marketing Essay The following report will provide a detailed analysis of John Lewis Partnership. The retailer has been very successful in the UK and has performed extremely well in spite of more negative financial issues and other dynamics impacting upon the retail sector at large, predominantly in light of declining consumer income, technological advances such as the internet and increased competition. The reason the company was able to achieve these was because of their commitment towards their clients in providing innovative solutions as well as improved awareness of customer needs and the significance of creating a reliable customer base which ensures positive word-of-mouth and the company has achieved this due to its commitment to providing innovative solutions to clients as well as a heightened awareness of customer needs and further recommendations to increase new revenue streams through an appropriate CRM system in place. Therefore, the reports provides an evaluation of the companys current marketing environment assessing how the external factors impact the retail sector largely and specifically on the strategies that John Lewis chooses to adopt. The report will also evaluate the strengths and weaknesses as well as the threats and opportunities that the company is presented with and how best it can achieve a match with its own internal capabilities to the dynamics at play. The report will also look at how the John Lewis brand and customer proposition is placed in the UK market in comparison to other competitors, with an attempt to provide understanding in to how the company gains advantage through differentiation from other competitors, essentially highlighting how the company implements a differentiated strategy which allows it to maintain advantage. At the same time, the analysis has drawn attention to how the uncertainty which prevails and the continuous rate of change in the external market highlights the implications of continuous observation and continuous re-evaluation of the strategic options applied. Ultimately, the aim is to provide recommendations as to how the company can increase the probability of its advantage over the longer term. The John Lewis Partnerships 81,000 Partners own the leading UK retail businesses John Lewis and Waitrose. Our founders vision of a successful business powered by its people and its principles defines our unique company today. The profits and benefits created by our success are shared by all our Partners (John Lewis, 2012). Write the report as if you were working for an external management consultancy firm, reporting to the Board of Directors of your chosen company. The report should contain sections that address ALL of the main aspects of the module syllabus: that is the report should cover both strategic analysis (internal and external) and strategy formulation. It is essential that in undertaking your research and writing your report you make appropriate use of the strategic management tools and models to conduct internal and external strategic analysis and strategy formulation that you have encountered in this module. Credit will be given for analysis, evaluation and synthesis, and the appropriate selection and use of strategic management tools and models. 2.0 Introduction This report will discuss the strategic management tools demonstrating skills of analysis evaluation and synthesis of John Lewis. The report includes strategic analysis and an External Environmental analysis. The report also covers the strategy formulation in which the SWOT analysis and BCG Matrix will be discussed. John Lewis Partnership plc is one of the UKs top ten retail businesses. They operate amongst 2 sectors known as John Lewis and Waitrose. The company offers food as well as household products i.e. baked foods, fresh fruit veg, wines, household items, furniture, electronic items etc. The company functions in a chain of 287 Waitrose supermarkets, 39 John Lewis shops that include 30 departmental stores and 8 of them at home John Lewis stores. The company operates throughout the UK and is headquartered in London, they sell their products through retail stores, catalogues, and websites. The companys strategic focus is to accomplish its non-core business strategies through partnership with other firms. There are around 81,000 employees working in John Lewis stores who are partners in the business, they have a share in the companys profits and are given the opportunity to participate in the companys progress and growth. This is their unique source of competitive advantage as it encourages staff loyalty through being business partners (John Lewis 2012) 3.0 Strategic analysis 3.1 Mission statement The mission of an organisation highlights the broad directions they need to follow and provides a brief summary of the values and reasons that lie behind it (Lynch 2012). Like other organisations John Lewis also have a mission statement, it highlights their reputation established through their ownership structure as it is unique and they are very successful in being a profitable business. John Lewis aim to keep their staff satisfied so that their business can be a success. Their strategy is based on three key elements partners, customers and profit. (Refer to appendix 1) to see their full mission statement. 4.0 External Environmental analysis 4.1 PESTEL Analysis The PESTEL analysis examines the macro-environment in which the business exists in. It is a helpful tool for understanding market growth or decline as well as the position, potential and the direction for business. It is also used for evaluating the Political, Economic, Social Technological, Environmental and Legal factors that a business operates in. The Political factors discuss government regulations such as employment laws, environmental regulations, tax policy and political stability. The Economic factors affect the cost of capital and purchasing power of an organisation. These factors also include economic growth, interest rates and inflation. The Social factors impact customers needs, potential market size such as John Lewiss goods and services, population growth and age demographics. Technological factors of John Lewis will discuss barriers to entry, making or buying decisions, investment and innovation and the technological change. Environmental factors include weather, clim ate and climate change. Climate change affects how John Lewis operates and the products they offer. Lastly Legal Factors include discrimination law, employment law and health and safety law. These factors can affect the way John Lewis operate their costs and the demand for their products. 4.2 Macro- environmental Factors It is commonly known, that those prevailing in the external environment of any firm shall have a significant influence in terms of decision making in the strategic options. Such analysis is known as PESTEL analysis and usually suggested as the first stage in the strategic planning process (Lynch, 2006). As Johnson et al (2008, pg.56) rightly declared, The key drivers for change are environmental factors that are likely to have a high impact on the success or failure of strategy. (Refer to appendix 2) to see the PESTEL analysis for John Lewis. It can be concluded that each factor of the PESTEL has had an effect on John Lewiss actions, some of them are now stated in their mission statement. Previous factors are used to analyse different factors, furthermore, these factors can give a prediction for the future, so can be quiet effective if they are applied correctly. There are also some restrictions in this model, e.g. when the procedure of the checklist is applied to John Lewis it may be tough. The emergent corporate strategies may well comment that the future is so uncertain that prediction is useless (Lynch 2012 page 84), however, some may still give words of caution but still predict the future. The PESTEL analysis isnt the only framework that John Lewis take into consideration, their organisation has many other internal and external factors that also have an effect on the strategy formulation, this is why Porters five Forces framework is applied. The PESTEL analysis has a lot of information but yet doesnt offer a detailed analysis of the business. Porters Five Forces (1985) observes factors that have an impact on competition in the organisation. 4.3 Strategic Options The external analysis undertaken has underlined how the focus and the landscape of the UK retail sector has changed dramatically over the last decade or so. Such developments clearly present both threats, primarily from new entrants and modes of distribution, as well as opportunities such as the increasing utilisation of technology within the current offering to customers. As Johnson et al (2008, pg.3) highlights, strategy is about exploiting the strategic capability of an organisation, in terms of its resources and competences, to provide competitive advantage and/or yield new opportunities. However, many competitors in the retail sector at large have managed to expand into other range of products as well as expanding internationally, John Lewis seems to have adopted a more thoughtful approach and stayed loyal to its customers as well as confident in terms of its offering to the market. At the same time it has also developed a wide range of products as a lower price range to attract more customers across a wider range of segments in society. In times of economic uncertainty this also appears to be a sensible strategy in terms of situations where its loyal customer base may be experiencing declines in disposable income, thus enabling John Lewis to maintain their business through customers trading down to less expensive ranges in store. The recent introduction for its Essential Waitrose Range in 2009 was both a reaction to external events including activities of competitors but was viewed as an effective strategy highlighting the companys attention to external research as well as its innovative approach to dealing with such negative events. Furthermore, Porter put forward the idea that there were three generic strategies; cost leadership strategy, differentiation strategy and the focus strategy, which companies follow. It is clear that John Lewis has embraced a combination of these, but essentially, differentiation has remained key to its business model which positions more favourably when compared to other competitors, particularly given the range and extent of the goods and services it provides as well as its highly effective branding and promotional events which appeal directly to customers and incite purchase. Its decision to introduce its Essentials range within its Waitrose stores may have been considered by some as an indication it was lowering its standards, but on the contrary, despite offering a cheaper alternative, quality remained key which ultimately implied that its position in the market would not be negotiated. 4.4 Porters Five Forces Porters Five Forces framework highlights that the environment John Lewis is competing in is constantly changing, (refer to appendix 5). In this model it is believed that customers dont have more importance than any other aspect, however Aker, Baker and Harvey Jones argue that customers are more important than any other aspect of strategy development (Lynch 2012). Porters Five Forces of competition (1985) is a common tool often applied within the strategic management process to firms across several sectors. It is similar to the PESTLE analysis as it takes a predominantly external perspective of the firm within its given industry looking at how it is positioned against other competitors in the same sector. Recently many have criticised the ensuring importance of the framework given the changes that have risen, particularly with regard to the diversification of business which has ultimately created blurring across many previously distinct sectors. This is emphasized by the supermarkets entering into the clothing and electronics sector for example, as well as retailers including John Lewis expanding into financial services through insurance and credit facilities to customers. Barney (1995) and Henry (2008) underlined how Porters model is more helpful when it is applied at a strategic business unit level rather than at higher levels of industry analysis such as the sector at large as it cannot be expected that all competitors will be competing against one another. This tool is also believed to be useful in terms of assessing a companys strengths and weaknesses in light of how it stacks up against competition. As Barney (1995, pg.49) highlights, A complete understanding of sources of competitive advantage requires the analysis of a firms internal strengths and weaknesses as well. The importance of integrating internal with environmental analyses can be seen when evaluating the sources of competitive advantage of many firms. Looking at Porters five forces of competition, it is clear that John Lewis has attempted to not to just react to the external dynamics and actions of competitors, but actively be a step ahead. It has constantly adapted its business model, such as the introduction of store cards, its online offering and the Waitrose Essentials range in order to provide its business with a more appropriate fit to the market in line with Mintzbergs (1994) theory. A major element of its strategy however, is its reputation, branding and subsequent positioning in the market and how consumers view the business in its entirety. It has remained rather committed to its original proposition and further enhanced its appeal through appropriate branding and its reputation for quality and enhanced service to customers. 5.0 Internal Resource analysis 5.1 Value analysis chain StratISTh3 Source: Porter, Competitive Advantage, 1985 The term Value Chain was used by Michael Porter (1985), the purpose of the value chain is to analyse the activities that are performed by the business, linking them to the competitive position. It also evaluates the particular activities to see which add value to the businesses products or services (quickmba 1999-2010) While many critics and leading authorities dispute the validity of Porters earlier theories, many of his ideas do still appear useful from the perspective of strategic analysis, particularly the notion of the value chain. Ultimately, it is within the value chain which John Lewis has created that it has succeeded in terms of sustaining advantage in its market sector. It has created efficiencies and synergies through the interrelationships within (Mintzberg and Ghoshal, 2003). Value Chain Analysis which is often compared to the RBV of the firm as it looks to both internal and external dynamics impacting an organisation. In recent years importance has also been given to joint ventures, collaborations and relationships which add value to the companys positioning. Elements of the chain such as HR which were previously considered as supporting elements are now viewed as core and this is demonstrated by John Lewis in terms of its commitment to and investment in staff. By enhancing the quality of its internal resources it can achieve distinctive competencies which are difficult to emulate by other competitors (Teece et al, 1997; Terwiesch and Ulrich, 2009). As Porter (1985, pg.36) emphasises, the way it performs individual activities are a reflection of its history, its strategy, its approach to implementing its strategy, and the underlying economics of the activities themselves. 6.0 Strategy formulation 6.1 SWOT Analysis: John Lewis Partnership A SWOT analysis is a useful tool for understanding and decision-making, businesses such as John Lewis use this tool in all sorts of situations, a SWOT summarizes the Strengths, Weaknesses, Opportunities and Threats. This framework covers a crucial part of the strategic planning process a scan of the internal and external environment. Strength, Weaknesses are considered to be internal to the business whereas, Opportunities and Threats are part of the external environment. Looking at the SWOT analysis (refer to appendix 6) it can be concluded that John Lewis take this tool into consideration when making business decisions based on their customers. However, John Lewis need to expand their target audience because at the moment they are only targeting an older audience need to improve the diagnostic power of a SWOT analysis is to define the elements from a customer perspective rather than the organizational point of view. (Baker 2007, pg.267). By doing this they will generate a higher profit margin. If john Lewis wants to stay ahead of their competition they need focus on their weaknesses such as they need to ensure their prices are similar to their competitors. Also John Lewis need to focus on threats the business may have to face but they can avoid such matters by acting upon the threat before it occurs. Although the SWOT analysis tool is useful to businesses when making decisions, it has been criticized due to its simplicity and possible misleading approach to strategic analysis. This is because companies have failed to follow a few simple procedures. The SWOT analysis is a focused methodology (Baker 2007), therefore, when John Lewis the using this tool they need to ensure they are able to follow correct procedures of this tool to ensure they are able to achieve success. 6.2 BCG Growth-share Matrix The Boston Consulting Group (BCG) growth-share matrix was developed by Bruce Henderson, founder of BCG, in the late 1960s (Baker 2007, pg.125). The BCG Matrix is a simple tool used to assess a companys position in terms of its product range. It simplifies how a companys thinks about the products and services and makes decisions about which it should keep and let go and which products to invest in further. It provides a useful way of seeing the opportunities that are open to the company and also helps to consider how the company can maximise the profits in the future. Below is the BCG Matrix for John Lewis, highlighting where in the market the different departments of John Lewis are positioned. John Lewis was voted Britains best retailer in 2009 and have won awards House Beautiful Awards 2008: Online Home Retailer of the Year Gold Award (washerhelp 2012), making them leaders in departments such as House and Garden, Electrical Appliances, Fashion, Gifts and Toys. They now have a high growth and a high market share in this segment, thus putting them in the star category. Further, technology and baby departments are between the star and question mark category this could be due to high growth and market share or high growth and low market share as they are faced with high demands but have low returns. Moving on to the sport department as it is in the cash cow category, as a markets it isnt growing but yet the market share for the products is high. Looking at the final category it can be said that John Lewis are safe as there isnt any products in the dog category. The BCG Growth-Share Matrix 7.0 conclusion Overall, the company has responded admirably to the changing dynamics impacting upon its market and customers, it is also clear that going forward, more challenges and threats shall be presented to it, particularly given persistent uncertainty relating to the global economy as consumer confidence within the UK. It would appear that in addition to a thorough and consistent approach to its markets in relation to external analysis of those factors deemed to impact most significantly; the company also adopts an internal approach, evaluating its inherent resources and competencies within the business. In line with the resource based view of the firm (Barney, 1991) and subsequent research by other authors such as Grant (2005), this analysis is often viewed as a more appropriate approach to the task of strategic management as ultimately, organisations have much more control over their internal resources than external market variables. Such an approach enables companies to incite the innovat ion process and thus create change in the wider environment as well as improvements to its value chain. This appears to be exactly what John Lewis has done to date through its expansion into other areas, as well as extending its range to customers through on-line facilities as well as credit, insurance etc. References Arnold, G. (2012). Corporate financial management. 3d. ed.Essex: Prentice Hall. Baker M (2007). Marketing strategy and management. 4th ed. Basingstoke: Palgrave Macmillan. Barney, J. and Hesterly, W.S., 2008. Strategic Management and Competitive Advantage: Concepts and Cases: International Edition. London: Prentice Hall. Barney, J.B., 1991. Firm Resources and Sustained Competitive Advantage. Journal of Management; 17, (1) Chloe. (2012). ANALYSIS Waitrose and John Lewis move closer together, offline as well as online. Available: http://internetretailing.net/2012/11/analysis-waitrose-and-john-lewis-move-closer-together-offline-as-well-as-online/. Last accessed 20th Nov 2012. Davey, J and Laurance, B (2008). John Lewis under fire: how the City turned against Rose. The Sunday Times. 16 March 2008, p.12-13 The Economist (2012). A Rose by any other name. A retailing star ticks off investors at an awkward time. 13 March 2012, p58-60 The Economist (2012). The world in figures: industries. The world in 2012. p124, 126 Gartner. (2011). Gartner Identifies the Top 10 Strategic Technologies for 2011. Available: http://www.gartner.com/it/page.jsp?id=1454221. Last accessed 25th Nov 2012. Grant, R.M., 2005. Contemporary Strategy Analysis. London: Wiley-Blackwell Henry, A., 2008. Understanding Strategic Management. Oxford: Oxford University Press. Johnson, G, Scholes, K and Whittington, R, 2008. Exploring Corporate Strategy. London: Prentice Hall. Keynote, 2008. Clothing Manufacturing, Keynote. Keynote, 2009. Clothing Retailing. Keynote Levitt, T, 1983. The Globalization of Markets. Harvard Business Review, May-June. Lewis J. (2012). John Lewis Partnership. Available: http://www.johnlewispartnership.co.uk/about.html. Last accessed 18th Nov 2012. Lynch R (2006). Corporate strategy . 4th ed. Harlow: Prentice Hall. Lynch, R (2012). Strategic Management .6th ed. Harlow: Pearson Mintzberg, H., Quinn, J., and Ghoshal, S, 2003. The Strategy Process. London: Prentice Hall Mintzberg, Henry, 1994. The Rise and Fall of Strategic Planning: Reconceiving the Roles for Planning, Plans, Planners. New York: Free Press Nugent, H and Hawkes, S (2012). George follows Jeremy Paxman as John Lewis faces another brief challenge. 20 March 2012. www.timesonline.co.uk (Accessed 24/11/2012) Ohmae, Kenichi, 1989. Managing in a Borderless World. Harvard Business Review, May-June. Porter, M., 1979. How Competitive Forces Shape Strategy. Harvard Business Review, March/April. Porter, M.E., 1980. Competitive Strategy. New York: The Free Press. Porter, M.E., 1985. Competitive Advantage: Creating and Sustaining Superior Performance. New York: Free Press. QuickMBA. (1999-2010). The Value Chain. Available: http://www.quickmba.com/strategy/value-chain/. Last accessed 20th Nov 2012. Reynolds, A., 2012. John Lewis Partnership on Target to Cut Emissions. Supply Management, 17 October, available at http://www.supplymanagement.com/news/2012/john-lewis-partnership-on-target-to-cut-emissions/, accessed 12/11/12 Teece,D.J., Pisano, G. And Shuen, A., 1997. Dynamic Capabilities and Strategic Management. Strategic Management Journal, Vol.18, No.7, pp.509-533. Terwiesch, C. and Ulrich, K., 2009. Innovation Tournaments: Creating and Selecting Exceptional Opportunities. Boston: Harvard Business Press. Washerhelp. (2012). John Lewis. Available: http://www.washerhelp.co.uk/Retailers/John-Lewis.html. Last accessed 20th Nov 2012. Appendix 1 John Lewis mission statement The John Lewis Partnerships reputation is founded on the uniqueness of our ownership structure and our commercial success. Our purpose is the happiness of all our members, through their worthwhile, satisfying employment in a successful business, with success measured on our ability to sustain and enhance our position both as an outstanding retailer and as a thriving example of employee ownership. With this in mind, our strategy is based on three interdependent objectives Partners, customers and profit. Appendix 2 PESTEL Analysis for John Lewis Political Factors John Lewis operates within the UK market and therefore changes in the policy related to the governance of UK business, as well as advanced policies in the context of the UK, have an impact on the business. The laws and codes of conduct relating to ethical business practices and CSR initiatives particularly impact John Lewis. Subsequently, there has been conscious effort on the role of the retailers to combine relevant Codes of Conduct concerning the supply chain as well as giving a guarantee to customers that have been sourced in an ethical manner. It is likely that changes such as this will continue to impact going ahead but at the same time as this, pricing will be raised as a concern for the retailers as margins will certainly be eroded as prices are put higher, epically where the products may be obtained from developing markets. Economic factors It is obvious that economic factors have a major effect on the strategy implemented by John Lewis; such factors have had a negative impact on the UK. However, when the government took the decision to decrease the VAT rate temporarily in 2008 due to financial crisis, this had a direct positive impact on the retail sector. The company faced major setbacks in relation to its revenue and performance in 2001. The company was successful in reversing its fortunes through a complete re-evaluation of its supply chain practices; they improved the company model so that it met the needs of customers. The company is still conscious that the confidence levels of customers are slightly unstable, this is highlighted in its current financial results, (refer to appendix 3). Such uncertainty has an obvious impact on which strategies companies can follow and directly influences which marketing strategy John Lewis decide to apply in relation to pricing, advertising and other variables of the mix. Increas ed global uncertainty also influences their operations which are mainly UK based. This is especially true regarding the price of raw materials that has been changed considerably over the past few months, with products such as cotton, coffee and oil being a great concern. Such fluctuations put pressures on retailers as well as customers whereby margins shall be reduced and costs passed on to consumers who may in fact seek cheaper alternatives as their own incomes may decline. A full appraisal of all elements of the supply and distribution chain is needed to ensure that efficiencies are being formed and improvements are made to the overall value chain (Porter, 1980; 1985). This may also clarify the companys latest challenges in integrating its business with Waitrose, John Lewis are becoming much more aligned over the past months (refer to appendix 4) Events overseas such as Spain and Greece could also have more implications for the sourcing policies the company accepts as well as its foreign currency payment methods etc. to suppliers given the weakening Euro currency. Social Factors Social factors for John Lewis are very important across the business as they are considered to have a direct effect on how successful the customer behaviour is and the preference towards the items or brands. While many have pointed out that overtime as consumers we have slowly become more similar across country borders (Ohmae, 1989; Levitt, 1983), latest indications actually highlight much divergence in consumer buying habits. Much of this might also be attributed to progress in internet trading whereby consumers have further choice as well as getting updated and having more knowledge about the alternatives available in the market. This has increased the competition which has therefore, put pressure on prices, mostly in the case of stores as there are much higher fixed costs involved. Another major progress relating to the retail sector in the UK has been the success of the supermarket chains in growing into non-food items with shares of the clothing market increasing every year from competitors such as Asda, Tesco, and Sainsburys. a report from Keynote in 2009 outlined how supermarkets share of the clothing market increased from around 10% in 2000 10 23% in 2008, and this expansion is likely to continue as the major multiples devote increasing amounts of floor space to non-food items such as clothes such growth has completely changed the retail space in the UK and certainly, many have attributed the demise of many High Street incumbents directly to the strategies pursued by supermarkets. At the same time, it is also clear that John Lewis has followed somewhat of a different method and thus located itself apart from these competitors and is seen being more exclusive, of higher quality as well as providing higher levels of service to customers. Technological Factors It is impossible to ignore the progress that occurred in technology over the decade or so. Such advances have completely changed and improved all features of the supply and distribution chain particular with regard to online shopping. Over the past few months John Lewis have become more of this and adapted its business model appropriately so that they are capable of understanding customer expectations, with regards to convince and availability. Another major development has been the increasing use of media and subsequent positive word-of-mouth recommendations. Such tools are viewed by companies as an important ingredient to their overall strategy, not just in terms of communicating with customers but also in gaining further knowledge through customer feedback which can assist them in gaining further knowledge through customer feedback which can assist them in engaging more with their customer base and addressing any potential problems or other threats. Technology is considered as pro viding more choice to customers but increasingly is being embraced within the overall customer management strategy and is likely that this will intensify going forward and further facilitated by new developments such as improvements in text analytics and the capture of real-time data (Gartner, 2011) Environmental Factors Making the right long term decision is one of John Lewiss founding principle, environmental sustainability is key to this approach. There are programmes, processes and targets in place to ensure that environmental commitments are delivered (John Lewis 2009) John Lewis recently revealed new plans where their key aim is to cast their CO2 emissions to 15% by 2020 (Reynolds, 2012) Legal Factors John Lewis is also impacted by changes to employment regulations as well as procedures guarding trading standards. Over the recent years many retail competitors such as Primark and Gap have been negatively criticised due to concerns on the unethical sourcing and manufacturing of products. Primark, a leading High-street label attracted unpleasant headlines in the media in response to claims they were using child labour, consequently affecting their position in the market. Other changes in the economic framework of overseas markets on which John Lewis depends on depend on

Attitdues on Housework Essay

?The roles of women and men have been very stereotypical in the past. Women were made to cook and clean, and men were made to work, and bring home money to support their families. Today, there is more of an equal division of housework. When comparing my parents to my grandparents I especially notice a difference between the amounts of cooking that is being done. Women work more than ever, men find cooking more interesting, and the stereotypes of the typical man and woman are not the same anymore. Men are continuing to cook more than ever, while females are cooking less than ever, because of the changing society. My parent’s generation is very different from my grandparent’s generation. When my father was growing up my grandma did all the cooking, and because of that my Grandpa never had to cook, so he never learned. My grandma worked a part time job and my grandpa worked full time. It was known that supper would be on the table every night at 6 waiting for my grandpa when he got home from work. In today’s society, in order to make ends meet, it is necessary for women and men to both have full time jobs. In my house, the one who is the first one home from work does the cooking. Very often my parents are also taking turns driving me and my brother to different sports, so meals are sometimes rushed. My mom cooks less than my grandma, but my dad cooks far more than my grandpa ever did. Men cook more than ever because women cook less than ever and there needs to be a happy medium. Years ago women did most of the cooking for many reasons, but the main reason was because that’s what they were stereotypically supposed to do. Today, that stereotype has almost vanished. In fact, most women are insulted by the old house wife title, so they don’t like to cook as much to escape it. Most women today can’t cook to the same standard that their mothers did. This is because women also want to be successful in the work force, so they are busier, and have less time to spend on cooking. Men, on the other hand, work no more than their spouse, so they have no choice but to help out with household chores. They might also remember what their mother’s cooking was like, so that inspires them. Men have more time than their father’s did to spend on cooking. My dad, along with a lot of men would rather cook than clean. In today’s society men have to help out around the house, because women don’t have time to do everything like they used to. Cooking is far more enjoyable than cleaning, there is a finished product that you can enjoy, it is calming, and you can experiment and try new things. These are just a few reasons to why more men may enjoy cooking. I know my dad would rather cook than wash the floors. Since my dad chooses cooking over cleaning my mom does a lot of the other housework resulting in her to cook less than usual. Social media inspires men and women in different ways. My dad loves watching the food network. These TV shows, with chefs that are males, inspire him to be handy in the kitchen. They almost make cooking seem cool because it is something different for men. Men like to always prove that they can do anything, so being a great cook is something they strive for because it can set them apart from other men. TV shows like Oprah inspire women to be different than the average woman. They don’t want to be the typical stay at home mom. Instead they want to be successful business ladies, and change the world. These television shows inspire men and women to be different than the traditional roles their parents played. The end result of this social effect is an increase in cooking for men and a decrease in cooking for women. Today’s changing society doesn’t allow for men to be the bread winners and for females to be the bread maker. Instead, each gender does a bit of both. This affects both genders’ roles and attitudes towards cooking. In most households, to maintain a stable living condition, men need to help their wives with housework. Men find cooking more interesting than cleaning, they have more time for it than ever, and they find it challenging and rewarding. Women have less time for cooking due to their busy schedules, they don’t want to be the stereotypical housewife, and instead they want to be successful in the work force. All of these social factors explain why men are cooking more than ever while females are cooking less than ever.

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If Carmen is hired, RW Printing could potentially face a multitude of legal repercussionsRead MoreEssay on Hrm542 Week 2 You Decide1243 Words   |  5 PagesWeek 2: The Healthcare Facility and Staff – You Decide Health Rights and Responsibilities HSM542 September 16, 2012 I. Identification The dilemma is that Mrs. Margie Whitson a patient at Golden Oaks Rehabilitation Center is going through some very hard times after just loosing her son William about a week ago. She has also had to deal with loosing her husband in the past 5 years leading up to this. She is also reflecting back to when she lost her first son to aRead MoreHsm 542 You Decide Week 2 Essay775 Words   |  4 PagesHealth Rights/Responsibility 03/15/2014 Week 2 You Decide Assignment Identification After going through the case of Margie Whitson, the dilemma is the fact that Margie is looking to have her pacemaker removed which will in turn would end her life. So far, Margie Whitson has had a rough year and has come to the decision that she wants her pacemaker deactivated because she believes it is delaying her death. Her pacemaker is the only thing keeping her heart beating at this point. But even at thatRead MoreSituation Analysis and Problem Statement: Global Communications1644 Words   |  7 Pagessimple. The context of the paper will examine the Case Study of Global Communication and start with a situation analysis by providing a brief background of the scenario, identify the issues and opportunities, explore stakeholder perspectives and ethical dilemmas. Continuing through the problem definition guidelines a Problem Statement will be developed and End State Goals will be identified. Situation Background (Step 1) The telecommunications industry is becoming more competitive as cable companiesRead MoreThe Plan Of Organizational And Operational Structure Of A Given Entity ( Bernard 2012 )1379 Words   |  6 Pagesinvolvement of various aspects of the social and economic world that includes the environment resources and people makes the task of managing project/program even more difficult (Kerzner 2011). These aspects which usually raise ethical issues through the risks and dilemma they create need to be balanced or an occurrence of unethical conduct on the side of the project/program managesr become inevitable. In project/program management, ethics stands supreme. This supremacy is necessitated by the aspectsRead MoreApplication Of The Code Of Ethics For Nurses With Interpretative Statements1699 Words   |  7 Pagesone of the cornerstone documents, the Code of Ethics for Nurses with Interpretative Statements helps to guide the ethical decisions of young and old nurses today (Finkelman Kenner, 2014, p. 22). Nurses will encounter many different ethical dilemmas in the healthcare field and must be prepared. A few dilemmas include active euthanasia, influenza vaccinations, maintaining an ethical environment, keeping patients healthcare information confidential, and continuing education. Nursing and Active Euthanasia

The Adventures of Priscilla, Queen of the Desert...

Australian Voices in Film: â€Å"The Adventures of Priscilla, Queen of the Desert† Essay Question: Stereotyping of character representations â€Å"The Adventures of Priscilla, Queen of the Desert† is a hilarious comedy, brought together brilliantly by writer and director Stephan Elliot. Tick/Mitzi and Adam/Felicia are two drag queens that travel across Australia on a lavender bus with there transsexual friend Ralph/Bernadette. All three challenge the dominant stereotype of the Australian male. Released in 1994, 14 years into the AIDS epidemic, the film had a phenomenal response around the world and in Australia. Travelling from Sydney, the three main characters played by Hugo Weaving, Guy Peirce and Terrance Stamp travel to Alice Springs†¦show more content†¦Mitzi presents another view of gay men. ‘She’ is more embarrassed about being a drag queen, especially in front of ‘her’ son stating â€Å"Sorry about last night. I dont always dress up in womens clothes. I mean dont get the wrong idea. I do lots of different stuff†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ You know, like Elvis and Garry Glitter and†¦Ã¢â‚¬ ¦.† Although in the end ‘she’ loosens up when ‘she’ realizes that ‘her’ son accepts ‘her’ for whom she is. Mitzi. Bob contrasts with the gay characters. He represents a gender binary of masculinity. Bob is an open-minded mechanic that takes a liking to Bernadette. Bob travels with the three on their journey after Priscilla brakes down. He was married to a mail-order wife, a Filipino prostitute that left him during the movie stating that he wasn’t a good husband. During the trip the three main characters stop off in Coober Pedy, a small tough town. Bob goes to the local pub to drink with his mates but Felicia comes along too, dressed as a women. The men at the pub react violently. This is a stereotype about Australian men that are confronted with different types of masculinity. â€Å"The Adventures of Priscilla, Queen of the Desert† is important to Australian culture not only for a great laugh but because it teaches people that there are many different types of Australian men and to embrace our diversity. Elliot used the AIDS epidemic as inspiration for this movie and did a very goodShow MoreRelatedHow Does Drag Affect Stereotypes About Gay Men And The Adventures Of Priscilla Queen Of The Desert1150 Words   |  5 PagesThanks for Everything, Julie Newmar and The Adventures of Priscilla Queen of the Desert. On the other hand, gender scholars have spent many years debating the origins of modern drag. While some say that modern drag emerged in the late 1900s, others claim that modern drag actually emerged following the Stonewall Riots. (Taylor and Rupp 2003). There is ample literature on drag queens and/or their performances. Many authors write about how drag reinforces stereotypes about gay men, how it can be misogynisticRead MoreReview Of Priscilla Queen Of The Desert 1520 Words   |  7 PagesPRISCILLA QUEEN OF THE DESERT UTEP Dinner Theatre A Theatre Report by Thomas Sanchez. (Tue/Thu 12-1:20) On Oct. 5, 2016 I attended the UTEP Dinner Theatre’s performance of Priscilla Queen of The Desert. Which is based on a book and movie by Stephan Elliott and Allen Scott. The play’s overall theme revolves around the lives of performing show business Drag Queens, and the overall concept of human understanding. The play was produced and directed by Gregory L. Taylor, and performed by a hulled cast

Anxiety Of Second Language Learning - 1616 Words

Anxiety in Second Language Learning; Causes and Solutions Dalee Kimble PSY 204.10 Allen Bonner, M.S LPC October 6, 2016 Anxiety in Second Language Learning; Causes and Solutions Learning a foreign language can be a lot like dating: one can easily get tongue tied as they anxiously attempt to reach the object of their affection. This â€Å"butterflies in your tummy† feeling can help a person when it comes to affairs of the heart. It reminds them that the smallest transgression can lead to enormous costs. But what about learning a foreign language, where matters of the tongue are much harder to control. The pressure a student feels to perform well in the classroom can become unbearable, but becomes even more specific to learning a second language. This subject will be looked at in much greater detail by investigating research, causes, and anxiety in foreign and second language learning. Many students who surpass all expectations in other subject areas struggle a great deal in learning a second language because of anxiety specific to learning a foreign language. MacIntyre and Gardner (1991) found through a controlled laboratory setting that anxiety in interpersonal settings and associated with recall of vocabulary words and learning is communicative anxiety. Other types of anxiety include classroom anxiety, learning anxiety, state anxiety, test anxiety, and audience anxiety. Each depends on the type of anxiety that can occur within second language learning.Show MoreRelatedEffects Of Anxiety On Second Language Writing Essay1574 Words   |  7 Pagesthe language. One other reason could be due to anxieties learning a language. Throughout my life, I have heard a lot about second language speaking and listening anxieties, but I have not heard much about how anxiety or writing anxieties can affect second language writing. Therefore, I wanted to look more into the resear ch and conduct research on the correlations of second language anxieties and writing. Through my research, there are themes we need to consider to fully understand anxieties and theRead MoreFactors Affecting Second Language Acquisition1417 Words   |  6 PagesMaria Teresa Muedra Peris Module QXL-4413 - ELF Theory Assignment 1 Factors Affecting Second Language Acquisition According to Lightbown and Spada, when teaching English as a Second Language we have to take into account certain characteristics in our learners that may lead to a more or less successful language learning. The characteristics discussed in this chapter are intelligence, aptitude, personality, motivation and attitudes, learners preferences and beliefs and age of acquisition. IntelligenceRead MoreAffective Factors Affecting The Learners Essay1306 Words   |  6 Pagestopic in second language acquisition. The â€Å"new† dimension of emotion injected some agitation to know more about their influence on the learners’ achievement in learning a second language. According to considerable researchers’ theoretical studies, the affective state of a learner, which contributes to success or failure in foreign language learning, was given much more importance. Henceforth, when attention is drawn to the affect domain, this leads to a more effective foreign language learning. ActuallyRead MoreThe Phenomenon Of Language Anxiety1516 Words   |  7 PagesThe phenomena of language anxiety are an important theme in the second language acquisition. Foreign language anxiety is associated with curriculum, cultural and cognitive aspects. Foreign language anxiety is an influential factor in the students` academic performance, with association with motivation, gender and self-esteem. This study investigates the relationship between ELL and anxiety level with an emphasis on gender. The participants will consist of 40-50 students between the ages of 18-20Read MoreSecond Language Acquisition1336 Words   |  6 Pagesare also several factors such as gender, L1 literacy, social context, and personality. In this term paper I will discuss how age and personality affect second language acquisition and the factors can be used in the language classroom to facilitate second language acquisition. Age and Second Language Acquisition: How age affects second language acquisition is an interesting topic for most of the educators who have to develop appropriate curriculum and instructional strategies for immigrant studentsRead MoreLearning A Foreign Language Is Not An Easy Task Essay1317 Words   |  6 Pages In fact, learning a foreign language is not an easy task. This process demands from learners a lot of concentration, persistence and intensive studies if required. However, the fact of the matter, that there are a lot of trammels that impede learners from learning any foreign language. Indeed, it is worthy considering that these barriers are beyond learners predominance, as being related to their emotional side ; that is to say ; it is not easy to get rid from them and this is why a lot of researchRead MoreThe Success Of Second Language Acquisition1547 Words   |  7 PagesIntroduction The success of second language acquisition consists of various psychological factors related to a person’s emotions (affective factors) toward the L2 being learned. According to Hui Ni, â€Å"[a]ffective factors are the most important factors in SLA† (2012, p.1508). Affective issues may arise from factors such as motivation, self-confidence, attitude, or anxiety. However, these issues may be solved through the proper guidance and constant encouragement of an instructor. How Affective FactorsRead MoreVariation Between Females And Males Anxiety Level Of English As Foreign Language Learning1025 Words   |  5 Pagesinvestigate the variation between females and males anxiety level in English as foreign language learning. Importantly, students from both of the two genders can perceive considerable level of language anxiety inside and outside the classroom environment. This phenomenon seems natural in foreign language classroom with relevance to the stress level of accompanied learning. Consequently, this led the researchers to study the role of anxiety among foreign language learners and review the current psychologicalRead MoreForeign Language Learning And Teaching1479 Words   |  6 Pagessociety to have good command of more than two languages in addition to one’s native language (cf. Gehring, 2010). Consequently, various forms of foreign language learning and teaching have become common worldwide, and language courses are offered in school, u niversity, and in the workforce. In particular, English, French, and Spanish as foreign languages have been dominating in school systems around Europe (cf. Decke-Cornill Kà ¼ster, 2010). The world language and lingua franca English is widely usedRead MoreRelationship Between Interpretation Performance and Anxiety1640 Words   |  7 Pages Anxiety and Interpretation Performance : do they relate? Interpreting is deemed a highly stress-provoking activity. (Jimà ©nez and Pinazo 2001; Seleskovitch 1978).It requires an excellent command of the source language and the target language, perfect memory retention, and fast information retrieval from the memory file. These complex linguistic, cognitive and psychomotor operations can easily produce an enormous amount of stress (Chiang,2006). 1. General Anxiety Theories Anxiety is a feeling

Qulity Managment Free Essays

Quality Management for Organizational Excellence Lecture/Presentation Notes By: Dr. David L. Goetsch and Stanley Davis Based on the book Quality Management for Organizational Excellence (7Th Edition) Presented By; Dr. We will write a custom essay sample on Qulity Managment or any similar topic only for you Order Now Rania A. M Shamah Associate Professor of Business Administration 1 One: The Total Quality Approach to Quality Management MAJOR TOPICS †¢ What is Quality? †¢ The Total Quality Approach Defined †¢ Two Views of Quality †¢ Key Elements of Total Quality †¢ Total Quality Pioneers †¢ Keys to Total Quality Success †¢ How is Six Sigma Achieved? †¢ The Future of Quality Management 2 One: The Total Quality Approach to Quality Management ? Quality has been defined in a number of ways. ? When viewed from a consumer’s perspective, it means meeting or exceeding customer expectations. ? Quality is a dynamic state associated with products, services, people, processes, and environments that meets or exceeds expectations. ? Total quality is an approach to doing business that attempts to maximize an organization’s competitiveness through the continual improvement of the quality of its ? products, services, people, processes, and environments. 3 The Consequences of Poor Quality Loss of business ? Productivity ? Costs Benefits of Good Quality ? Enhanced reputation for quality ? Ability to command higher prices ? Increased market share ? Greater customer loyalty ? Lower liability costs ? Fewer production or service problems ? Higher profits 4 Responsibility for Quality ? Everyone in the organization has some responsibility for quality, but certain areas of the organization are involved in activities that make them key areas of responsibility. ? Top management ? Design ? Procurement ? Production/operations ? Quality assurance ? Packaging and shipping ? Marketing and sales ? Customer service 5 Costs of Quality ? Failure Costs – costs incurred by defective parts/products or faulty services. †¢ Internal Failure Costs †¢ Costs incurred to fix problems that are detected before the product/service is delivered to the customer. †¢ External Failure Costs †¢ All costs incurred to fix problems that are detected after the product/service is delivered to the customer †¢ Appraisal Costs †¢ Costs of activities designed to ensure quality or uncover defects All TQ training, TQ planning, customer assessment, process control, and quality improvement costs to prevent defects from occurring Prevention Costs †¢ 6 Ethics and Quality ? Substandard work †¢ †¢ †¢ †¢ †¢ Defective products Substandard service Poor designs Shoddy workmanship Substandard parts and materials Having knowledge of this and failing to correct and report it in a timely manner is unethical. 7 Total Quality Management T Q M ? A philosophy t hat involves everyone in an organization in a continual effort to improve quality and achieve customer satisfaction. ? Total quality is not just one individual concept. ? It is a number of related concepts pulled together to create a comprehensive approach to doing business. Many people contributed in meaningful ways to the development of the various concepts that are known collectively as total quality TQM Approach 1. Find out what the customer wants 2. Design a product or service that meets or exceeds customer wants 3. Design processes that facilitate doing the job right the first time 4. Keep track of results 5. Extend these concepts throughout the supply chain 8 TQM Elements 1. Continuous improvement 2. Competitive benchmarking 3. Employee empowerment 4. Team approach 5. Decision based on fact, not opinion 6. Knowledge of tools 7. Supplier quality 8. Champion 9. Quality at the source 10. Suppliers are partners in the process 9 Continuous Improvement ? Continuous Improvement †¢ Philosophy that seeks to make never-ending improvements to the process of converting inputs into outputs †¢ Kaizen †¢ Japanese word for continuous improvement. Quality at the Source ? The philosophy of making each worker responsible for the quality of his or her work †¢ â€Å"Do it right† and â€Å"If it isn’t right, fix it† 10 The Total Quality Approach Defined Total Quality: What It Is and How It Is Achieved ? Key characteristics of the total quality approach are as follows: strategically based, customer focus, obsession with quality, scientific approach, long-term commitment, teamwork, employee involvement and empowerment, continual process improvement, Each element is explained on slides (12- 14) ? The rationale for total quality can be found in the need to compete in the global marketplace. ? Countries that are competing successfully in the global marketplace are seeing their quality of living improve. ? Those that cannot are seeing theirs decline. 11 The Total Quality Approach Defined Total Quality: What It Is and How It Is Achieved Key characteristics of the total quality approach are as follows: ? Strategically-based ? Total quality organizations have a comprehensive strategic plan that contains at least the following elements: vision, mission, broad objectives, and activities that must be completed to accomplish the broad objectives. ? The strategic plan for a total quality organization is designed to give it a sustainable competitive advantage in the marketplace. ? Customer Focus ? In a total quality setting, the customer is the driver. This applies to both internal and external customers. ? Obsession with Quality ? This means all personnel at all levels approach all aspects of the job from the perspective of â€Å"How can we do this better? † When an organization is obsessed with quality, good enough is never good enough. 12 The Total Quality Approach Defined Total Quality: What It Is and How It Is Achieved Key characteristics of the total quality appr oach are as follows: ? Scientific Approach ? While it is true that people skills, involvement, and empowerment are important in a total quality setting, they represent only a part of the equation. Another important part of the equation is the use of the scientific approach in structuring work and in decision making and problem solving that relates to the work. ? Long-Term Commitment ? Organizations that implement management innovations after attending short-term seminars often fail in their initial attempt to adopt the total quality approach. ? This is because they approach total quality as just another management innovation rather than as a whole new way of doing business that requires a whole new corporate culture. 13 The Total Quality Approach Defined Total Quality: What It Is and How It Is Achieved ? Teamwork ? Internal competition tends to use energy that should be focused on improving quality, and, in turn, external competitiveness. ? Continual Improvement of Systems ? In order to continually improve the quality of products or services: which is a fundamental goal in a total quality setting. ? It is necessary to continually improve systems. ? Continual Process Improvement ? Products are developed and services are delivered by people using processes within environments (systems). To continually improve the quality of products and services-which is a fundamental goal in a total quality setting- it is necessary to continually improve the processes that make up the organization’s systems. 14 Three-Legged Stool of Total Quality Measures ? Statistical process control ? Benchmarking ? Quality tools People ? Quality is built in ? Quality is expected not inspected ? Employees are empowered Processes ? Continual improvement ? â₠¬Å"Good enough† is never good enough 15 Perceived Quality Word of Mouth Personal Needs Expected Quality Past Experience Quality Dimensions ? ? ? ? ? Reliability Responsiveness Assurance Empathy Tangibles Quality Assessment 1. Expectations exceeded ESPS (Unacceptable Quality) 16 Perceived Quality Defining Quality Quality is Satisfactory.. Dimensions of Quality †¢ Reliability: The ability to Perform promised service dependably and accurately. †¢ Responsiveness: Willingness to help customers and to provide prompt service. †¢ Assurance: The knowledge and courtesy of employees as well as their ability to convey trust and confidence. †¢ Empathy: The provision of caring , individualized attention to customers. Ability to be approachable. †¢ Tangibles: The appearance of Physical facilities equipment, personnel, and ommunication materials.. 17 Quality Gap Model Customer Perceptions Managing the Evidence Communication GAP 4 Customer Satisfaction GAP 5 Customer Expectations Customer / Marketing Research GAP 1 Understanding the Customer Service Delivery Management Perceptions of Customer Expectations Design GAP 2 Conformance GAP 3 Conformance Service Standards Product De sign 18 Customer Satisfaction †¢ All customers want to be satisfied. †¢ Customer loyalty is only due to the lack of a better alternative †¢ Giving customers some extra value will delight them by exceeding their expectations and insure their return 19 How to cite Qulity Managment, Essay examples

Law in Commerce Reasonable Care and Skill †MyAssignmenthelp.com

Question: Discuss about the Law in Commerce for Reasonable Care and Skill. Answer: Introduction: In case of a breach of contract, the law allows innocent party to terminate the contract if a condition of the contract has been breached. On the other hand, in case of a breach of warranty, the law of contract provides that in such a case the other party can only claim damages. When an innominate term has been breached, the other party can be allowed to terminate the contract if the breach of contract is so serious that it has deprived the other party of nearly the whole of the benefit under the contract. The contract is not automatically terminated in case of a breach. Therefore the innocent party is required to indicate its acceptance of the breach and in such a case, you can rescind the contract. Otherwise it will be considered that the innocent party has affirmed the contract and the obligation of the party and of the contract will continue. In case of a termination of contracts for breach, the innocent party is discharged from any further performance. Under the contract and in such a case, the contract comes to an end prospectively. A misrepresentation can be described as a statement of fact, that has been made by a party to the contract and due to this statement, the other party has been induced to enter the contract that is less advantageous for it. For the purpose of deciding if a particular statement can be considered as a misrepresentation, it is required to be established that it is:- A statement of fact and not a statement regarding intention, opinion or law; The statement was made to the innocent party; and Due to the statement, the other party was induced to enter into a contract that was less beneficial for such party. The law provides that in some cases, half truths can also be treated as misrepresentation. When a misrepresentation has been made by a party to the contract, the other party gets the remedy of the recession of contract.[1] The bars to recession, prescribed by the law are the permission of the contract, the rights of third party, delay or the impossibility of restitution. In case of the recession of the contract, the contract is set aside.[2] This means that the parties are placed in the same position, as far as possible in which the parties before entering into the contract. The recession of contract may be available to the innocent party when the misrepresentation is fraudulent, negligent or wholly innocent.[3] While in case of a breach of warranty, the other party can only claim damages, in case of misrepresentation, the law provides that the innocent party is also entitled to the signed the contract. In the present case, a statement was made by Bert that he was fully licensed in New South Wales. At the same time, Bert also told Adam that he had applied for mutual recognition registration in Queensland. He further stated that he and his employees were fully capable of carrying out the building work in Queensland as he was fully aware of the building standards applicable in Queensland. He told Adam that all his work will comply with the applicable standards, and he also had full builder's insurance anything went wrong. However the reality was that all these statements were untrue. In this way, it can be said in this case that a false statement has been made by Bert and due to this false statement Adam was induced to enter into an agreement with Bert for the repair of his roof. Hence, Adam can take action for breach of contract against Bert, and in such a case he can rescind the contract and claim compensation from Bert. The Australian Consumer Law has replaced the Trade Practices Act, 1974 and the earlier Commonwealth, State and Territory legislations related consumer protection. This Act came into force on the 1 January 2011. It is a part of Schedule 2 of the competition and consumer act, 2010 (Cth) and is applicable any state and territory. The ACL has provided the same protections and prescribed the same obligations for the businesses throughout Australia.[4] The responsibility to enforce the provisions of ACL has been provided to the Australian courts and tribunals. The consumer guarantees mentioned in the ACL provides a wide range of rights related goods and services to the consumers. In this way, the consumer guarantees are based on the same court principles as were the warranties and conditions that were present in fair trading laws of states and territories as well as the Trade Practices Act.[5] Under the ACL, the consumer guarantees do not create any significantly different rights and oblig ations however, they prescribe these rights and obligations in the clearer way and also provide a wide range of statutory remedies. The earlier case law that was applicable to the previous law is still useful when the consumer guarantees are being interpreted and applied. In view of these, statutory guarantees, it is automatically provided by the suppliers and manufacturers that the goods sold by them and the services provided by them to the consumers will contain these guarantees. These rights are present, irrespective of any warranty that has been provided by the supplier or the manufacturer.[6] In case of services, the consumer guarantees that are applicable include the statutory guarantees according to which the services will be provided with due care and skill, the services will be fit for any specified purpose and the services will be provided within a reasonable time (if no time has been mentioned). In case the goods or services do not fulfill a consumer guarantee, the consumer has been provided rights against the supplier and in certain cases, against the manufacturer, who have to provide a remedy to put right, a deficiency, fault or the failure to fulfill an obligation. Therefore the law provides that in case the supplier had failed to fulfil l a guarantee, the remedies that may be available to the consumer include repair, or refund or replacement; the cancellation of service, and compensation for loss and damages. In this way, according to the ACL when a consumer buys products or services, there is an automatic guarantee. The law provides that the businesses should guarantee the products and services sold, hired or leased by them for less than $40,000 or more than $40,000 if the goods or services generally purchased for personal or household use. These statutory guarantees have to be provided by the businesses irrespective of any other warranty that they have provided to the consumers. In the present case, it can be said that there had been a breach of statutory guarantees by Bert. The reason is that he failed to provide satisfactory services to Adam. It was revealed in the building inspectors report that the repair work was 'shoddy' and the work also did not comply with the Queensland building standards as promised by Bert. Under these conditions, it can be clearly said that there has been a breach of statutory guarantee by Bert. Therefore the above-mentioned remedies available to the consume rs for the breach of statutory guarantees will be available to Adam. As a result, Adam can see compensation from Bert for the breach of consumer guarantees and the loss suffered by him. Answer (c): In this question, it needs to be decided if Bert can be held liable to Adam under the law of negligence. In this context, negligence can be described as doing or the failure to do something that would be done or not done by any reasonable person when one person has a duty of care towards the other and in such a case, damage injury or loss has been caused to the other person. When a person sues the other person in the negligence, such person is seeking financial compensation for the damage caused to it.[7] In such a case the person wants to be put in the same place where such person would have been if the negligence would not have taken place. Some of the examples of the situation where negligence can be alleged include the cases of car accidents where personal injury or damage to the property has been caused. For the purpose of deciding if negligence has taken place in the particular case or not, it has to be seen if the below mentioned for questions are satisfied or not:- If the defendant had a duty of care towards the plaintiff; If this duty has been breached by the defendant; If an injury or the damage has been caused to the plaintiff; and If such injury or damage was the result of the breach of duty by the defendant All these factors need to be satisfied. On the other hand, even if contractors not satisfied, the plaintiff cannot bring a successful claim under negligence against the defendant. Duty of care: This duty can be described as the legal obligation of the defendant to avoid causing harm to other persons. This duty arises when the harm can be considered as reasonably foreseeable if care is not exercised by the defendant. In this way, it is required under the law of negligence that a relationship of sufficient closeness (also known as proximity) should be present between the defendant and the plaintiff.[8] So that it can be concluded that the defendant had the duty of care. For instance, the driver of a motor vehicle has this duty towards the other road users. In order to see if the duty of care has been reached in a particular case or not, the court is required to consider the standard of care that can be applied in a particular case. For deciding the standard of care applicable in a particular case, it needs to be seen what would have been done by any other reasonable person under similar circumstances.[9] If it can be said that the actions of the defendant were unreasonable or if the actions of the defendant were below the standard of care that can be expected in a particular case, it can be said that the duty of care has been breached by such a defendant. Vicarious liability: If in the present case, it is found that the defects in the roof had been caused as a result of poor workmanship by the employees of Bert, he can still be held liable to Adam. The reason is that in such a case, the vicarious liability of Bert arises. The vicarious liability of a person takes place when one person is considered to be liable for the negligence of the other person. Generally, the parties rely upon the doctrine of vicarious liability of the employer for the negligence of the employees.[10] In most of the cases, the law provides that an employer can be held vicariously for the negligence of its employees. In the present case also, it can be said that the factors required for bringing a successful claim under negligence are present against Bert and as a result, Adam take action against Bert under negligence and seek compensation. On the other hand, if it is found that the loss has been caused as a result of the negligence of the employees of Bert, he can still be held liable to pay damages to Adam, because in this case, but is vicariously liable for the negligence of his employees. Bibliography Sweeney, OReilly Coleman, 2013, Law in Commerce, 5th Ed., LexisNexis Lipton P, Herzberg A and Welsh, M, Understanding Company Law, 18th edition 2016 Thomson Reuters Deakin, S., Johnston A and Markesinis B (2003) Markesinis and Deakin's Tort Law, Oxford University Press Kujinga, Benjamin (2009). "Reasonable Care And Skill The Modern Scope Of The Auditor's Duty". GAA Accounting Tomasic, Roman; Bottomley, Stephen; McQueen, Rob (2002) Audits and Auditors, Corporations Law in Australia, Federation Press David Gardiner and Frances McGlone, (1998) Outline of Torts (2nd ed,), Butterworths Bisset V Wilkinson (1927) AC 177 Derry v Peek (1889) L.R. 14 App. Cas Smith v Land and House Property Corporation (1884) 28 Ch D 7 148