Cafe Bijoux Essay Example for Free

Cafe Bijoux EssayQ 1) What is the current positioning strategy? Is it working? Why or why not? Positioning strategy helps a company in creating its identity and its products/service it provides (Anderson, 2011). Caf Bijoux offers a relatively belittled price for a cup of soup and a sandwich, while offering bouncing and tasty meals to their targeted trade ( in the first place workers at the City Hall). To keep the cost low, the management did not printed a plug-in instead it was written on a chalkboard and was updated daily. In addition, the condiments were handed out to the guests as they picked up their orders. Business operations were from 10 am till 3 pm, mainly attracting customers from local surrounding subscriber line for lunch, specializing in homemade soup, fresh sandwiches, and salads. The positioning strategy was not successful mainly receivable to an ill-defined vision. Even though it attracted a niche market it was a great strategy of offering good foods, how ever it was not implemented powerfully. There were complaints on several(prenominal) occasions that the restaurant could not be placed, the mangers were awargon about the conflict, but were unable to resolve it out-of-pocket to lack of financial abilities.Furthermore, the restaurant was located beside a parking garage, which was used by the city hall employees and other public offices employees. The average arriver time for these employees was between 730 830 am and they leave around 430 530 pm, while Furthermore, management has failed to identify a clear strategy for the business. No clear vision has been implemented due to the business dysfunctions in general.The caf, only opens five daylights a week, supplys to lunch specials, however, should be a breakfast and brunch getaway from the offices of many which hasnt been the case. In addition, due to the scheduling of the hours of operations many effectiveness customers argon missed due to the caf being closed in the mornin g and the evening, where many are entering and leaving the parking garage, which is directly in front of the Cafe. These potential customers are usually in need of an early morning bagel and coffee before unchangeable a long day of work.Nevertheless, the majority of customers are very satisfied with the amount of serving on with the quality of their meal as well as the price paid. The strategy of being a low priced high value added has seen problems due to lack of customers which is affecting the bottom line drastically. This inevitable circumstance has chuck a hold on operations and started an investigation upon various neighboring competitors and their own strategies. Overall, the strategy is effective but not effectively used, which considers areas of error that include, a visible colorful sign, extended hours of operations, increased advertising, a stable menu, a catering opportunity, and a real caf look which can distinguish itself from the rest of its competitors.Q 2) What are the key reasons for the depressing sales and profits? Some of the key reasons for the dismal profits are primarily due to lack of control, and inexperience from both Julie and Mary, the co-owners and managers of Caf Bijoux. The reasoning behind this claim is that a business that is not seen profitable is usually not. In addition, a real restaurant sign is not up and visible. A sign is a major gateway to success in a busy congested market which sees more than eleven businesses surrounding a one km radius.However, Julie and Mary have been awaiting the funds to disgorge up a sign, which has seen negative results due to lack of customers. The lack of customers stems from a poor business exemplification that is implemented correctly. The Business model consists of healthy fresh foods with a low price. This definitely targets the right crowd, at the wrong time, literally. Scheduling of hours of operations are tremendously hurting the business, by opening at 10am and shutdown at 3pm. The major activity is lost from the morning peak of breakfast through to its late afternoon lunch/dinner slot. The mismanagement of hours of operations is costing the business a lot of money, and get out breed to due to the environment that it does business in. Advertising and Marketing have also taken the back topographic point due to lack of funds, this is hurting the business and is definitely taking away from it.The current business model, which entails a fresh and healthy living, does target many individuals in the current area such as, residential and other various offices. Furthermore, no take-out orders or catering initiatives have been implemented to increase awareness or capability. In addition, a fixed menu has not been created that should list the most favored items along with their prices. Losing out on this chance is another businesses gain, by not creating and distributing menus or listing the menu on an online website is a no brainer. This can be very cost effec tive considering mass production, as well as a withdraw website that advertises small business ventures within the area. The break-even point is not even reached, so these negative figures are falling along with the co-owners.Q 3) Is there a way to improve the restaurants performance? If so, how? There are several ways to improve the restaurants performance within this saturated market. Firstly, the restaurant must clearly identify who it should cater to and how, this can be upon observations from past and present customers. However, a colorful vibrant sign must be created and implemented in order to be seen by pedestrian and vehicle traffic. In addition, a metre re-opening event should be created in order to re-introduce the caf.Caf music, colorful balloons, and free coffee should make for a great day of reintroducing the business to many customers. In addition, a website should be created with a menu that has items and associated prices in order to satisfy the needs of its many working office customers in the area, a group deductive reasoning rate can also be implemented in order to develop a customer relationship management model. This can be done inexpensively, and can reach many individuals through mail, email, and/or drop offs.In addition, a strategy that has come back to life has been the couponing industry, which sees large websites such as Groupon, caters to a wide array of businesses in their respective areas. Groupon creates an ad which is delivered to many depending on their neighborhoods and preferences. The deal of the day may contain a sandwich, soup and salad combo with a special introductory price that will appeal to the average person who is healthy conscience. The couponing industry has suddenly reentered the market with a bang due to the boom of social networking.This will definitely increase potential customers, as many individuals have been increasingly adapting to the social websites, which is a new trend. In order to attract as many people as possible by this form of couponing, there must be a special incentive that would find out their attention, in order to literally bring them into the caf, maybe a promotion for a cup of free coffee for a specific day such as Monday. Reentering a current market may be difficult, however, with the right plans, it may be viable.

Pride and Prejudice Essay Example for Free

Pride and preconceived idea EssayWhen prejudice occurs, stereotyping and discrimination may as well result. In many cases, prejudices are based upon stereotypes. A stereotype is a simplified assumption about a group based on previous assumptions. Stereotypes rout out be both positive (women are warm and nurturing) or negative (teenagers are lazy). Stereotypes can lead to faulty beliefs, but they can similarly result in both prejudice and discrimination. jibe to psychologist Gordon Allport, prejudice and stereo types emerge in part as a result of normal clement thinking.In ordering to make sense of the world around us, it is important to kind information into moral categories. The human mind must think with the aid of categories, Allport explained. Once formed, categories are the basis for normal prejudgment. We cannot by chance avoid this process. Orderly living depends upon it. This process of categorization applies to the social world as well, as we sort people int o mental groups based on factors such as age, sex and race.However, researchers have found that piece when it comes to categorizing information about people, we tend to minimize the differences between people within groups and exaggerate the differences between groups. In one classic experiment, participants were asked to judge the eyeshade of people shown in photographs. People in the experiment were also told that In this booklet, the men and women are actually of equal height. We have taken care to match the heights of the men and women pictured.That is, for every woman of a particular height, somewhere in the booklet there is also a man of that same height. Therefore, in order to make as accurate a height judgment as possible, try to judge each photograph as an individual case do not rely on the persons sex. In addition to these instructions, a $50 cash prize was offered to whoever make the most accurate judgments of height. Despite this, participants consistently rated the men as being a few inches taller than the women.Because of their prejudgment that men are taller than women, the participants were unable to dismiss their existing categorical beliefs about men and women in order to judge the heights accurately. Researchers have also found that people tend to view parts of outside groups as being more homogenous than members of their own group, a phenomenon referred to as the out-group homogeneity bias. This perception that all member of an out-group are alike holds true of all groups, whether based on race, nationality, religion, age or other naturally occurring group affiliation.

Beethoven Pastoral Symphony Essay Example for Free

van van van van Beethoven unpolished unison EssayBeethoven was star of the pivotal composers that helped subscriber line evolve from the Classical stage into the age of Romanticism. When discussing Beethovens success in classical compositions, his symphonies are at the forefront of nearly if non every conversation. However, even within the topic of his symphonies, some are natur bothy highlighted much than former(a)s. For example, aneness could reproduce the melody from either the opening sweat of the Fifth or the finale of the Ninth and a majority of people would be able to recognize them. spell these two flora were revolutionary in the progression of symphonious music, they were not the only ones to have played consequential roles in this sense. Beethovens Pastoral Symphony is a pivotal work in the expansion of music with programmatic char deederistics. However, this symphony is one that s ways between the realms of absolute and program music, for it disregard be identified with both categories of symphonic music. While it is exceedingly unlikely that Beethoven viewed this composition as a truly programmatic gentleman, the Sixth Symphony has played an important role in the development of the symphony as a genre and influenced rising composers of program music as well.In order to discuss the signifi ignorece of the Pastoral Symphony, one must first exuviate light on the difference of program music from that of absolute music. Author R. W. S. Mendl stilboestrolcribes absolute music as being that which gives us pleasure by the sheer delight in sound patterns without having any emotional, pictorial, or literary references and claims that music with programmatic content attempts to represent scenes, objects, or events which exist a take time off from music. It is hard to gauge the come of programmatic works prior to the Pastoral Symphony, simply due to the position that the term program music was not utilize as a defining category of m usic at the time of their release. An estimated eighth of all symphonic works that were presented before Beethovens Sixth Symphony were serene with the intent of exactance particular images or scenes. It would seem that with such a small percentage of varying works that were composed to nab programmatic thoughts, labeling these works with a universal genre proved to be somewhat difficult.With the expansion of this modality of writing, naturally the encompassing term program music would become associated with such pieces. Around the time of Beethovens composing, music was undergoing a shift from the Classical period into an age of Romanticism. Compositions were expanding in numerous ways regarding form, orchestration, and harmonies that were being implemented. Beethoven has been plowed the innovator who broke by dint of the lim soulfulnessations of Classicism without abandoning them. This is truly evident through his symphonic writing. While on the cusp of the Romantic era, i t became evident to him that the stature of absolute music was on the rise. Lewis Lockwood states that from a compositional aspect, Beethoven visited down upon program music for its seemingly shallow means of actual sounds and privation of originality. In response to this rising style of music, he composed the Pastoral Symphony with the intent of confluence illustrative ideas of programmatic music with the structure of absolute music.Beethoven successfully achieved a blend of programmatic and absolute ideas with this symphony, in order to create an overall bucolic feeling of record sort of than outline any particular proposition image. While the symphony and its five driveways are labeled with titles that were created by Beethoven himself, he believed that the overall pastoral idea of this work could be perceived by the audience without a description that would usually be necessary with a complete program piece. It is this idea that helped Beethoven create the title as it ca n be viewed on early sketches, Pastoral Symphony or Memories of Country Life More the reflectivity of Feeling than Tone-Painting. It would appear that Beethoven intended to create a general mood that expresses the idea of temper rather than rely on specific images or one precise story to achieve this. scorn Beethovens general feelings towards program music and his conscious efforts to claim that the Sixth Symphony was more a collection of overall feelings rather than an attempt at creating one specific image, this piece is neither absolute or programmatic music but a blend of the two styles.The first point in this argument would be the fact that Beethoven attached titles to each of the five movements within this symphony that depict certain scenes associated with pastoral ideas. The headings for the movements are as follow Pleasant feelings which are awakened in worldly concern on arrival in the uncouth, Scene by the sustain, Joyful fellowship of country folk, Thunder and Sto rm, and Beneficent feeling after the storm united with thanks to the graven image. The mere fact that this symphony is the only one of his nine to contain subtitles attached to each movement that describe a scene of nature favors the thought of the symphony being more programmatic than absolute. However, if one were to look past the movement headings and take into consideration the content of the music, one would observe that the first two movements contain very little defined resource. From an analytical perspective of the form, the first half of the symphony is rather customary and resembles the absolute approach to music.These movements hold true(p) to the subheading for the symphony in regards to creating overall feelings rather than one precise painting or story. While there are compositional devices used to help convey the pastoral feeling within the first half of the symphony, it is not until the end of the second movement that Beethoven truly utilizes extra melodious associations to convey imagery. This andante movement authorise Scene by the brook ends with the flute, oboe, and clarinet engaged in a coda while imitating birdcalls. The composer himself labeled these three woodwind voices as a nightingale, a quail, and a cuckoo, respectively. These birdcalls have led to several(prenominal) debates, discussions, and even complete articles that attempt to analyze the true meaning of their existence in the piece. No matter how they are interpreted, one fact remains still.The birdcalls act as segues from the symphonic first half to the more programmatic portion of the piece. The second half of the Sixth Symphony ventures away from conventional symphonic composing techniques found in the first two movements and includes more programmatic material. A strong indication of programmatic material resides within the later half of the symphony, where Beethoven includes several pastoral elements to rise the musical imagery. The third movement consists of ex cited melodies in a compound-meter stylized scherzo representing country-dances. There are several points within this movement that have a drone in the bass that has been viewed as a painting of bagpipes, an instrument that was frequently associated with the representation of pastoral ideas.This jovial dance-like movement transitions into the fourth movement, which resembles a storm. The storm is distinctly an example of tone-painting with its explosive minor chords that represent thunder and lightning and the constant patter of rain in the thread lines. other significant feature added to the symphony that aids the pastoral image is the use of a ranz des vaches in the final movement. The ranz des vaches was an alpine horn call that herdsmen used to summon cattle. Author, David Wyn Jones notes in his view as that common features of ranz des vaches melodies are triadic motion, dotted 6/8 meterfrequent use of seemliness notes, all harmonized mainly by the tonic triad. While looki ng at the horn call that Beethoven uses within his symphony, one would notice that it meets all of the criteria that Jones listed.The imagery associated with the Pastoral Symphony depicts scenes from nature, which was a plain close to Beethovens heart. Through journal entries and letters, one can deduce Beethovens go to bed for nature. The following is a letter to Austrian musician and friend, Therese Malfatti in 1810 that depicts his feelings about the outdoors How well(predicate) you are to have been able to go to the country so early in the year non before the 8th shall I be able to enjoy this delight I look beforehand to it with childish anticipation. How glad I shall be to wander about amidst shrubs, forests, trees, herbs and rocks No man can love the country as I do. For it is forests, trees and rocks that provide men with the resonance they desire.Through this letter and several other firsthand records, one can clearly see Beethovens infatuation for the outdoors and the justifiable reason to compose a piece that commemorates this love. It makes sense that the first large-scale work that includes extensive amounts of imagery would reflect the thing that he admired most. Along with the simple beauty of nature, there were other factors that influenced Beethoven while writing his Sixth Symphony. The inclusion of nature and rustic ideas within music was not particular(prenominal) to composers prior to Beethoven. Pastoral subjects could be found in several theatrical presentations, opera houses, and intermezzo from the sixteenth through the eighteenth centuries. One notable work that inspired the development of the Pastoral Symphony was an oratorio write by Franz Joseph Haydn, his teacher and mentor early on in his composing career. Haydns oratorio, The Seasons, had an impact on Beethoven while he wrote his Sixth Symphony.Haydn incorporates arpeggiated horn calls in the aria Der muntre Hirt that begin a sequence of spend scenes that will eventually le ad to the storm later in the oratorio. Similarly, Beethoven opens the fifth and final movement of his symphony with an arpeggiated melody in the French horns that subsequently signify the end of the storm that took place in the previous movement. Another example of musical quotation that Beethoven purposely incorporated is an oboe melody that has long been mute as a quotation from Bachs chorale Birch an, o Schnes Morgenlicht, from the second part of the Christmas Oratorio It is worth citeing that prior to Beethovens Pastoral Symphony, there had been other symphonic works to contain sections that resemble thunderstorms. Several commentaries on the Pastoral and its development discuss the 18th century German composer, Justin Heinrich Knecht and his piece entitled La Portrait musical de la nature.This work seems to contain similar programmatic ideas as that of Beethovens symphony, including a thunderstorm that interrupts the overall peaceful feeling of nature that resumes after the s torm. In addition to preceding compositions that influenced Beethovens literary works, there has been the suggestion for the possible influence from the literary writings of Scottish poet jam Thomson, mostly that of his well known poems collectively titled The Seasons. While there is no concrete evidence that Beethoven took inspiration from this poem, some scholars feel that the poem possibly had an underlying tack together on the outcome of the Pastoral Symphony. The text of the poem discusses nature, progressing through the four seasons starting with spring and closure with winter.The poem was translated to German in 1745 and served as a basis for Haydns oratorio that shares the same name. As discussed earlier, Beethoven drew inspiration from Haydns oratorio, so it would seem that he was in flat influenced from the poetry of James Thomson for this reason even if he had no connection to the actual literature itself. So far there have been factors that support both sides of the argument in trying to define the Pastoral Symphony as either a work of absolute music, or one depicting tone painting. The mere fact that the piece contains an appropriate amount of material that justifies both categories, one should agree that this work could be viewed as the perfect synthesis of the two sides of the symphonic spectrum.The next step in understanding the influence that the Pastoral Symphony had on future composers of both absolute and programmatic works would naturally be to look at the general reception of the premiere of this piece. The Sixth Symphony received its first public performance on December 22nd, 1808 along with Beethovens Fifth Symphony. Beethoven worked on these two symphonies simultaneously in the years leading up to this concert. At this time however, the symphonies were labeled glacial of what they are viewed as today, which gist that the Pastoral was written and performed as Beethovens fifth symphony, while the C-minor was viewed as his sixth. Ov er the run for of time it would seem as though the Fifth Symphony has overpowered the Pastoral in the minds of audience members.While this may be true to some extent today, at the time, critics were singing praises to this wonderful portrayal of nature through melody and harmony. A review of the score in the musical journal of the time, Allgemeine musikalishce Zeitung, was typical in saying such things as this work of Beethoven, wonderful, original, and full of life, which can be placed without hesitation as well his other masterworks When comparing it to other compositions that focused on imagery of programmatic material, one critic claimed that none of the musical paintings known until now can withstand comparison Overall, the piece was welcomed positively and viewed as a representation for composers who desired to use programmatic features.Some of the compositional styles that would soon develop through the Romantic period can trace influence from Beethovens Sixth Symphony. Whe n discussing compositions that drew inspiration from the Pastoral Symphony, one should mention Hector Berliozs programmatic work, Symphonie Fantastique. As a composer, Berlioz was an advocate for music with more programmatic tendencies and was viewed as a essential composer during his time. At one point in his career, Berlioz wrote critical reviews of Beethovens nine symphonies. When discussing the Sixth, he used descriptions such as, delightful phrases that greet you, like the perfumed morning breeze as well as swarms of chattering birds in flight With such joyous descriptions that Berlioz gave, it comes as no surprise that he would influence inspiration from this piece for his own writing. Author, Owen Jander views the second movement in Beethovens symphony entitled Scene by the Brook as an obvious point of departure for the Scene in the Meadows in Berliozs Symphonie Fantastique.As mentioned earlier, Beethovens second movement has been the topic of several discussions concerning the Sixth Symphony, specifically, the imitation of birdcalls that can be found at the close of the movement. Jander believes the calls to symbolize Beethovens acceptance of his development deafness and his own fate. If one is to agree with this interpretation, then the connection to Berliozs Symphonie Fantastique becomes one that is easy to accept. Berliozs third movement, entitled Scene in the Meadows opens with the English horn and the oboe representing two shepherds that are occupational group to one another. At the end of the movement, one of the shepherds return once more but is not joined by the other, but is instead replaced by the distant roll of thunder heard in the timpani. Those old(prenominal) with the piece and its program know that the concluding two movements that follow represent a personal sinning and damnation for the protagonist. The connection between both that of Beethovens and Berliozs works would be the idea that both composers are aware of their own fate a nd accept it through the illustration of music.Another composer that was potentially influenced by the Pastoral Symphony was that of the German opera composer, Richard Wagner. As just discussed, it would seem that the second movement of Beethovens work is to represent the realization of ones destiny through nature. In Wagners opera, Siegfried, there are scenes within the second act that take place in the forest. In which, the main character, Siegfried learns of his destiny from the ability to understand a forest bird. This situation is the exact opposite from that of Beethovens, where the composer realizes his destiny through the discovery that he can no longer hear. Two compositions that were disjointed by nearly one hundred years, both contain similar imagery that represents a persons realization and acceptance of their destiny through nature. The chances of this being a coincidence seem rather unlikely. To say that that Beethovens Pastoral inspired Wagners use of nature within t his opera would be a fair conclusion.When discussing Beethoven, the Sixth Symphony may not be a piece that comes to mind right away one might rather recall themes from other symphonies by him. However, the grandeur of this piece in the evolution of the symphony as a genre is too important to go overlooked. The mere fact that out of the nine symphonies that Beethoven wrote, the Sixth was the only one to receive a programmatic title and descriptive scenes attached to the movements is an indication at the significance of this work. It may not have directly influenced several composers in the years that followed as far as content is concerned, but Beethovens ability to combine aspects of program music with the absoluteness of a symphony opened the door to possibilities for future composers on both sides of the spectrum.

Legal Brief Essay Example for Free

well-grounded Brief EssayCase name, citation, and court Ashley County, Arkansas v. Pfizer, Inc, 552 F.3d 659 (8th Cir. 2009) Summary of Key Facts An ingredient widely utilise in Pfizers products is a necessary ingredient in the manufacturing of nutamphetamine in small ototoxic labs which are responsible for dangerous explosions, burns, and toxic fumes.Arkansas has one of the largest numbers of small toxic labs in the US and is burdened with high costs of chip the folderol epidemic and is seeking to recoup rough of the funds that the counties of Arkansas have spent. The Issue Is Pfizer ethically responsible for assisting in the funding of fighting the meth epidemic? The Holding Since Pfizer is a major manufacturer of products containing necessary ingredients used in illegal meth labs and the counties of Arkansas has been so heavily monetaryly burdened by these labs, the damages are obvious.The counties have suffered financial loss from battling a drug that could not be mad e without the ingredients in Pfizers products. Because of these damages and Pfizers role in the supply of ingredients to drug labs, it is the responsibility of Pfizer to either, repay the counties and finance the future costs of fighting the meth epidemic or find alternative ingredients to use in their products that cannot be used in the manufacture of meth. Summary of Your Reasoning It is the corporate responsibility of Pfizer to assist in funding the counties operations battling meth. beneath a corporate citizenship view, Pfizer is responsible for contributing to the solution of the social problem that their products create. Meth is an epidemic chop-chop sweeping the nation and it is the responsibility of anyone, or company, with any tie to the drug at all, to contribute to the solution, the alike amount that they contribute to the problem.

Breach of contract - contract law Essay Example for Free

Breach of contr arrange shoot law EssaySpanish deal integrity provides a broad nonion of prisonbreak of iron for any doings that departs from the specified behavior in the contract in any way (time, quality, substance, etc.) or is non specially justified on legal grounds (actions forbidden by the government be not breaches since they atomic number 18 justified on a legal ground).The ecumenic benchmark to determine breach is the contract agreed by the parties themselves, and not external notions. However, external notions argon mappingd in important situation such as the consumers market place where the consumers prospects are the primary benchmarks to assess quality and performance since there is not an explicit contract. External notions are also important in some separate market, where a third party whitethorn chip in more or less profession or responsibility over the contract, and therefore, is responsible (at least in part) for any potential breach.The antecedent for breach does not exclude the breach. What matters is the breach. The analysis of breach drives place in objective terms. Subjective factors in general do not exclude breach, although they whitethorn affect remedies. In reliable contractual areas, breach of duty and fault are generally subscribe tod ( passe-partout contracts, management contracts breach requires violation of a duty of carefulness or a duty of loyalty). In professional contracts, the fault whitethorn be of a professional who was in contract with the firm, and in management contracts, it may be the fault of the manager.2) RemediesSpanish Contract law provides a wide range of general remedies for breach of contract Specific performance the approach forces the breacher to act as it was constituted in the contract. If for practice, the contract stipulated that the promiser had to give the promisee a product of quality 2 and he delivers a nigh(a) of quality 1, then(prenominal) as free the roy al court force the promiser to deliver a good of quality 2. regaining the court force the breacher to pay a certain essence of capital( modify) to the other party as compensation. It is a monetary remedy. The court calculate the beat to be paid. Liquidated regaining these are also monetary compensation, but with the contrariety that they are not calculate by the court, but they are instead specified in the contract itself. One example are the soccer players contracts, or sale contracts that specifies the amount to be paid for each day of delay.Other general remedies that we sess find are Termination if a party fulfills a breach, it can contract with roughly other party and abandon its contractual obligation. If the breacher does not agree with this, court is necessary. Reduction of prices in case of breach of a party, a general remedy is to flash back the price to equilibrate the contract.Generally, it is the aggrieved party who chooses the remedy to be enforce.3) Specif ic performanceSpecific performance is a remedy for breach characterized by the fact that a failed performance or departure from required action by the contract volition be imposed upon breaching party. It is also characterized by several material variants of the remedy such as forced delivery, forced action, requirement not to do, repair defective performance and replace non-conforming good. In the case of the injunction not to do, the court oblige the breacher not to do something, such as obliging a CEO to work for the disceptation if in the contract it was stipulated that he cannot. Specific performance conceptually includes repair and replacement of consumer goods.The main outcome with specific performance, when it is feasible, is the issue of the balance of benefits and constitutes of the remedy. Specific performance implies that the breacher perform as the contract establishes. However, sometimes, the cost of this performance may be high than the benefit in social welfare terms. Take the example of the mining firm, which has a contract with the owner of the land to mine for 10 years and then unused the land. When the 10 year pass, the firms breaches the contract and refuse to clean. The cost of cleaning the land is 20 millions, and the benefit for theowner is 1 million. So if the court imposes a specific performance to firm, society ordain loose 19 millions. A good alternative would be to impose modify to the firm, which would be preferred by the owner, since an compact amid the firm and the owner will be reached that maximize the social welfare.In these cases, performance may be more costly than its value for promisee performance may be ex post in economic. in that location are both plus and negative features of specific performance as a remedy. As positive features, we can distinguish low informational requirements to apply remedy ( averts cost of error linked to estimating defames) and the party aggrieved by breach appears to be satisfie d in its promissory expectation. As negative features, we find performance may be more costly than its value for promisee (performance may be ex post inefficient), requires a court order and takes time, for complex performances requires costly and difficult supervision by court and performance by a party forced to comply with contract may be perfunctory (lowest effort) at best.4) reparation modify are understood as general remedies that can be applied to all types of contracts and breaches of contracts. It is a remedy defined in very broad terms amount of money to punish any vituperate suffered by the injured party as a consequence of any breach of contract. We can recount between two kinds of restitution expectation and reliance damage. This is why it is a remedy with a uncertain extension.Expectation remedyExpectation damages is the sum of money that will give the party damage the same amount of welfare and utility than if the contract would not yield been breached and the final result would convey been attained. Therefore, the breach party would have to pay the aggrieved party an amount of money that would compensate for the impairment caused and in addition an amount of money equal to the value of the performance for this party.There are however some occupations with expectation damages since they are difficult to compute and some instances of moral hazard may appear. Those who stress for damages have to provide evidence of both the existence and amount of damages. This requirement has some exceptions in case of harm in re ipsa illegitimate use of a productive good, deprivation of a productive good, and few other examples.Expectation damages is the general rule in Spanish Law for breach of contract. It is the damage measure that accompanies termination for breach and the replacement measure of specific performance. It is awarded when there is a breach of representations and warranties, advertising and promotional communications and in cases o f pre-contractual fraud that are equivalent to breach of contracts.How can we compute expectation damages? When goods or function admit substitutes or cover transactions to avoid the negative consequences of the other partys breach of contract, the price of these transactions is relevant. If the seller breaches the contract and the buyer has bought a good, generally fungible, then the expectation damages will be equal to the difference between the price of the substitute and the price established in the contract Psub-Pc. If the buyer breaches the contract and the seller celebrates a cover sale the expectation damages would be equal to the difference between the price established in the contract and the price of the new sale Pc-Psub. Other ways of computing expectation damages are the followingMarket damages (for fungible good with market price) buyer will intoxicate expectation damages consisting of the difference between the market price when the breach of contract took place (Pm ) and the contract price (Pc). Seller will receive the opposite difference.Expectation damages present some limitations that drop it scope and amount. One of this limitations is the foreseeability rule. This rule state that the breacher should only be liable for the things that are foreseen or could have foreseen at the time of contracting and that are necessaryconsequence of his failure to perform. For instance, if the foreseeable harm of a breach is 100 and the aggrieved party end up suffering a loss of 1000, the foreseeability rule states that damages will amount only to 100. The foreseeability rule gives incentives to give information in the time of contracting. Those who suffer from harm must declare the value of the performance. In tort law, there is no foreseeability rule, you pay the actual damage. some other limitation is the duty to mitigate damages the aggrieved party is under the duty to mitigate damages that the other contracting party has caused with her / his breach of contract.Reliance damagesReliance damages sum of money that will give the party damaged the same amount of welfare and utility than if the contract would not have taken place (the initial situation). This is why reliance damages are generally lower than expectation damages. Reliance damages cover expenses for the injured party derived from concluding the contract, specific investments that the injured party has make in reliance of performance of the contract by the other party and opportunity costs. Limited assetsDamages do not always work well. Sometimes, individuals can bear the compensation of these damages, and therefore, they will have incentives to reduce them. However, this is not always the case. When the breacher has not enough assets to pay damages up to the point of optimal care, damages do not work well, because people will not pay for the consequences of their acts, and therefore, their level of care will be the optimal according to what they can pay, and not what they should pay. This is kat oncen as judgement proof problem.Damages for pain and sufferingThe traditional position of the Spanish Supreme courtyard and Spanish Courts is To accept damages for pain and suffering for breach of contract To award damages for pain and suffering with a congress amplitude and generosity. To award damages for pain and suffering with several functions To avoid the problems of calculating and justifying the amount of the damage award To compensate harm in personality rights (right to life, liberty, honor, etc.). To compensate non-patrimonial values joined to economic goods and rights (discomfort, inconvenience, disappointment, frustration) To penalize intolerable or egregious behaviors of breach of contract. When an individual suffer harm, her utility decreases (she goes form point A to point B, but her utility function for money will not change). If this harm is economic, we can compensate this harm with money, which will leave her at point A again. Howe ver, the harm that an individual can suffer may be non-economic, and for the same amount of money her utility decreases (her utility function changes). Money cannot bear upon the initial utility (a huge amount would be needed). This is the case of pain and suffering (accident and death of a relative, discomfort, etc). This is why it is useless to take insurance for death, since it would not compensate the harm. The hairy submit exampleWhat is the difference between expectation and reliance damage? Lets look at an example. An individual was injured in his collapse and lost 50% of his use. He entered in a contract with a doctor who promised to reestablish the hand to a 100% of use in exchange for quantity of money. Before the contract was made, the individual was laid in an indifference curve that related all thecombination of hand use and money that let the individual indifferent. We assume that the individual is willing to give up hand use for money. After the contract and opera tion, the individual was worse off, with 25% of use. What should the doctor pay as damage? If expectation damages are used, the doctor should pay the individual a quantity of money that together with the 25% of hand use leave him with the same utiity as if the contract had succeded and he had 100% of use (situate him in a higher indifference curve). If reliance damages are imposed, the doctor should pay the individual a quantity of money that, together with the 25% of hand use, leave him with the same utility as if the contract did not take place, with 50% of hand use (situate him in the initial indifference curve).5) Liquidated damagesLiquidated damages are damages for breach that are not determined ex post breach by a Court or arbitration panel, but ex ante by the contract parties themselves into the contract. Such possibility of privately stipulated remedies for breach is acknowledged by close legal systems, typically in the form of payment of money, although other possibilitie s may exist. They typically replace Court damages and they can be agreed as added punishment for breach.The most important issue is whether Courts are forced to enforce liquidated damages, or they may disregard, or reduce, the amount of the liquidated damages award. The reasons why Courts allow liquidated damages are Freedom of contract A large liquidated damages clause may be necessary to induce promisee to find promise credible and the contract sustainable. Parties are in a better position than Courts to assess benefits and costs of determining a given amount. Liquidated damages compensate systematic underestimation of damages by Courts. If liquidated damages are higher than the expectation damages, then the court will apply the second ones.There are however some economic arguments that may pull up stakes to reduce or at least control the level of liquidated damages clauses Excessive damages clauses resulting from incorrect predictions or forecasts about future outcomes. External shocks unforeseen by parties that produce an unexpected cast up in the damages payment. True uncertainty about future costs for one party. Behavioral biases that lead party to underestimate the true adverse impact of a damages clause (the deferred cost problem) Over-optimism concerning future performance and costs (the example of the gym) Hyperbolic discounting of future outcomesWe can see the liquidated damages as barriers to entry. An excessive amount of LD is beneficial for the parties to the detriment of a third party whomay bid for the services of breaching party. Promisor agrees to pay an amount larger than ED, in exchange of higher price. Promisee uses high liquidated damages to back off larger payment from a third party interested in performance by promiser larger payment from third party increases the surplus to the contract parties, that is shared between them. Also, excessive payment of third party are made possible by excessive damages clauses, which reduce efficient entry by third parties, and prevents them from successfully bidding for promisors performance. That is why the goal of step-down excessive liquidated damages is not to protect the breaching party, but third-parties.Sometimes, excessive LD for signaling are unwanted, since an unforeseeable casualty may appear that will cause a breach in the contract. A pooling equilibrium may be more desirable than a separating one when the distortion caused by the penalty on the good type is large enough.6) TerminationAmong the general remedies for breach, the last one is termination (or rescission, or cancellation, as it may also be called in Common Law jurisdictions). This remedy entitles the aggrieved party to cancel the contractual descent with the breaching party, eliminating the obligations arising from the terminated contract.Once the contract is terminated the parties should give back what was received under the contract, unless the goods are now in lawful possession of a third party. In this case, the value of the goods would replace the goods themselves. The elimination of the personal effects of the contract is retroactive it is considered that the contract did not exist.Spanish courts have established that termination does not require a lawsuit. However, if the other party disputes the termination or its conditions, restitution would require a lawsuit. Courts do not determine termination, but declare whether termination was or not properly effected by the party. The most contested issue about termination is when is termination available as a remedy. It is clear that not every breach or non-performance allows theaggrieved party to terminate, but a qualified breach (material or primaeval breach) is required. We can define it as follow Relevance the breach must affect the central obligations or duties under the contract and not merely ancillary or incidental duties. Duration the breach should not be merely sporadic or transitory, but likely to be repeated or cont inuing. grandness the breach must substantially affect the interests of the non-defaulting party. Termination does not go alone, it does not exclude damages, and in fact it is naturally accompanied by damages payment.

Sustainable Project Management Methods and Techniques for Sustainable Games Development Essay Example for Free

sustainable Project Management Methods and Techniques for Sustainable Games Development EssayIf organizations want to incorporate sustainability into their strategy and culture, sustainability principles need to be integrated in discovers and despatch anxiety. The purpose of this paper is to critically reflect on the enormousness of considering sustainability in fuddles and evaluate appropriate methods and techniques for embedding sustainability principles in project caution. This essay is organized in four briny p prowesss. The splendor of considering sustainability in project is critically analyzed in the next part.Methods and Techniques for the integration of sustainability in project management be evaluated on the third part of the essay. This will involve practical examples from the workplace and case studies emphasissed on red-hot media projects, in particular, the development of games and applications. Concluding remarks argon presented in the last part of the essay. 2. The importance of sustainability in project management The debate close to the importance of considering sustainability in project management rousenot be appropriately discussed without beneathstanding the need for corporate sustainability and its drivers.Project management is intrinsically embedded in the concern environment and we cannot to evaluate the significance of sustainable projects management without analyzing the importance on embedding sustainability into business. Both go touch in hand. Sustainability in business aims to achieve long term monetary success while alter to economic and social growth, and trim down its impact in the environment. Corporate sustainability holds three dimensions of needs, known as the triple bottom task economic prosperity social equity and quality of life ecological election preservation.Corporate sustainability can be defined as a business approach that creates long-term shareholder value by embracing opportunities a nd managing risks derived from economic, environmental and social developments ( Dow Jones Sustainability indexes, 2011). era the issue of sustainable business, often referred under the green umbrella, has been the object of abundant literature, there has been little emphasis on understanding how the principles of sustainability feed to project and project management until recently.Taking into account the pivotal role of projects in the shaping of products and services deep down organization, it is surprising that these to concepts- sustainability and project management- have not had more relevance in the discussion of corporate sustainability. As Maltzman and Shirley rightly question in their introduction to unripe Project Management (2011, p. xxi) Projects are where business ideas buy the farm reality, later on(prenominal) all. Projects, by definition, use resources. Shouldnt projects, therefore, be a key are of any focus on green business? The business case of sustainabili ty has the same multifaceted approach as its definition. The main drivers of green business and projects fall in the 3 main areas considered in the triple bottom line approach- social, environmental and financial- plus an added area of legislative drivers. In the following four sub-segments we will analyzed these drivers of from a business and a project management point of view. 2. 1Environmental drivers The environmental sphere of business is related to the management of resources required to produce a product or a service.The two main environmental drivers for organizations are to decrease the impact in the environment generated by harmful waste and to achieve a founder use of resources. Sustainable waste management can bring financial benefits to business by reducing the approach of dealing with the impact of the damage to the environment degradation with regards to resource use, the focus is on efficiency. The slight materials they are use, the greater the autocratic environ mental impact. This also applies to human resources and time management.Minimizing waste has also positive financial effects because it drives costs down. Efficient use of resources and time is a vital part of project management, it has been suggested (Maltzman, Shirley 2011) that the discipline of project management always has been concerned on how to efficiently use resources even if that concern did not come from a sustainability background. Good project managers will always try to reduce cost and use resources in the most efficient manner.The entirely thing that is missing is to add that environmental class to it. As Gill Friend clearly outline on his book The Truth About Green Business (2009) that sustainable business are not just about the environment, it presents a whole new way of seeing business and it brings a new range of direct opportunities to make money. There is an increase social interest on sustainability therefore, there is an increasing demand on products and se rvices that take sustainability into account. 2. 2Social driversThe management of corporate social sustainability is more widely known as Corporate Social Responsibility (CSR). ii Tomorrows (2009) explains that CSR is about how businesses align their values and behaviour with the expectations and needs of stakeholders not just customers and investors, but also employees, suppliers, communities, regulators, specific interest groups and society as a whole. There are many business benefits that can be achieved by taking an ethical and socially responsible approach within the organization.It could jockstrap increase mark off reputation and value within its stakeholders. Intensive research over 3 year covering three hundred firms (Hillman, Kleim, 2001) concluded that investing in stakeholder management may be complementary to shareholder value presentation and may indeed provide a basis for competitive advantage as important resources and capabilities may be created that differe ntiate a firm from competitors. As Maltzman and Shirley (2011, p. 3-25) explain that corporate social responsibility is an built-in part of project management. Project managers are at the forefront of business activities and at the leading pungency of change within organizations so who better to emphasize CSR, particularly if it isnt in the corporations DNA? . 2. 3Economic drivers When we conversation about economic sustainability we are not only talking about financial capital or tangible capital economic sustainability it also takes into account intangible capital such as reputation. unmistakable effects could be the cost reduction achieved through rectifyd environmental, health and safety performance or receipts increases due to a raise on sales caused by the market opportunities for sustainable products and services. intangible effects referred to in the figure below (Salzmann et. al. ) as value constructs, do no improve the revenue per se, but they do have significant posi tive effects that can, indeed, be utilize to achieve financial gains to organizations. The same principles can be applied to project management. Figure 1 Systemization of value drivers and value constructs (Salzmann et al. 2. 4Legal drivers From the facts presented in the previous contributions, one might conclude that they create a sufficient business case for sustainability on their own accord. However legislation is still one of the key drivers for organizations to incorporate green business practices. darn some voices have raise the financial burden that following this legislations can bring to companies, numerous studies (Greenstone, count and Syverson, 2010 Goodstein, 1994 Jaffe et al. , 1995 Meyer, 1995) have found these economic effects are limited in scope and duration and are fewer in number than previously entrustd.Moreover it has been empirically demonstrated (Meyer, 1995) that complying with legislations contributes to cost savings by avoiding the financial penalties for not complying and, in some case, by achieving incentives. Regulation can fuel innovation that improve productivity, increase efficiency, and provide substantial cost savings 3. Sustainable game development projects In this section we will evaluate different methods and techniques that help project managers to incorporate sustainability in their projects. Practical examples and tools will be provided focused in the area of games software development.I have chosen this industry not only because we can supplement the research with useful personal work experience, but more importantly because a lot of the discussion on sustainable project manager has been centred in the type of project and we believe that sustainability considerations can and must be embedded in the PM rhythm of any project. 3. 1Methods for sustainable project management 3. 1. 1Lean games development an Agile approach As we have seen in previous section, sustainability principles talk about reducing waste and incr easing resource efficiency and understanding stakeholders to drive value.Poppendieck explains (2003) how lean thought is establish on a deep understanding on what it adds value to the project and to the customer, the importance of rapid rate of flow and using the teams capabilities to their best potential, in other words lean sentiment is all about sustainability. While lean thinking has its origin in manufacturing, it also can be applied to other industries. In the world of software development, that includes games software, Agile methodologies provide a new framework for the application of lean thinking to software development projects.Lightweight software development methods started to appear in the mid-1970s as a response to the inefficiency of the traditional methodology in software development. These are now typically referred to as agile methodologies, after the Agile Manifesto was published in 2001. There are many correspondences between Lean thinking and Agile. David H arvey concludes his essay Lean, Agile by saying the insight of agile, in getting back to fundamentals of how we can work together to deliver things of human as well as commercial value, is compelling the beatify of lean lies in the discovery that we are not alone. Understanding lean principles and applying agile methodologies will help project managers to incorporate sustainability to software and games development projects. 3. 1. 2Life cycle thinking It is not over until long after is over Essential to successfully relate sustainability to project management is to understand the cradle to crate philosophy, and to apply sustainability to project life cycle, from the project beginning through closure and beyond. The project life cycle of sustainability should include another phase after the project completion.It can be defined as the complete cycle of a project that includes not only the beginning of the project through to implementation, but also beyond the defined parameters of t he projects (Maltzman, Shirley 2011). Dick and Naumann (2010) proposed a definition of green software development that applies the principles of life cycle thinking and that can be also applied to Games Development (GD) Green and Sustainable Software Engineering is the art of developing green and sustainable software with a green and sustainable software engineering process.

A View from the Bridge Essay Example for Free

A project from the tie EssayPride plays a great role in the play, A View from the Bridge. The biggest victim of pride is Eddie, who loses both his pride and respect throughout the play. And this gradual privation heavily affects the characters behaviors. up to now pride does not seem to be the only factor that dictates the progress of the play. In the beginning of the play, Eddie is all-inclusive of pride. He is respected by both Marco and Rodolfo as well as the community. The quote, I want to see to it you now Eddie when you say go, we will go, shows that Marco and Rodolfo respect Eddie. The quote in other words means that Marco and Rodolfo will be doing whatever Eddie tells them to do. The fact that this is Marcos first signifi cigarett line in the play shows how big Marco thinks of Eddie. likewise the hyphen in the middle of the reprobate rejoins effect, which emphasizes the message Marco is trying to send to Eddie. The pride Marco and Rodolfo give Eddie in the fami ly allows Eddie to lower his guard and gives him a chance to respect Marco as well. This perspective can be seen from the following line. Eddie says, Youre welcome, Marco, we got plenty of room here. He addresses Marco, which shows that Eddie is in favor of him.Then the second discover of the line, we got plenty of room here. , not only shows the Eddie is welcoming Marco, but it excessively shows that Eddie has given Marco his respect. A inhabit in their house symbolizes respect. At first, Eddie and Marco both have each others trust and respect, well-favoured them both pride which brings the two to a peaceful relationship. Later as the play progresses Eddie begins to lose his pride. Marco says, Here. (the hold in raised like a weapon over Eddies head and he transforms what might get along like a glare of specimen into a smile of triumph) The simplicity of the sentence emphasizes Marcos loss of respect for Eddie.The stage direction, Over Eddies head also symbolizes how Marco has overcome Eddie. Also the glare of warning shows that Marco no longer thinks of Eddie as someone he should respect. The story continues as Eddie loses his pride. Pride is very consequential to Eddie. He says Yeah Marco Eddie Carbone. Eddie Carbone. Eddie Carbone. His name symbolizes his pride and the repeating of it shows the importance of his name in Eddies heart. Also he does not just say his first name but also his last name, which also emphasizes his name his pride. The communitys reaction is another event that comes from pride.(Lipari and wife exits Louis barely turns, then walks forth the stage and exits down right with Mike. ) is a stage direction that shows the communitys reaction to what Eddie had through to Marco and Rodolfo. Lipari and his wife, Louis, and Mike represent the community. The fact that they have walked off and exited indicates that the whole community has turned their backs on Eddie. From there, we can see that Eddie has lost his pride in his commun ity as well as his family. Although pride is a main factor behind the progression of the play, loyalty and family relationships, also play a very master(prenominal) role.Family relationships play a very important role. This could be seen from Beatrices line, Eddie, listen to me. Who could give you your name? attend to me, I love you, Im talking to you. I love you. The short sentences make the sentence feel real and have a real impact, as if Beatrice is really trying to talk to Eddie. Furthermore, the repetition of the phrases, listen to me and I love you emphasizes how much Beatrice really cares about Eddie. Pride and family relationships play a coarse rule in the progression of the play.