Fundamentals of Land Law Essay †Striking a Balance

Fundamentals of Land Law Essay – Striking a Balance Free Online Research Papers Fundamentals of Land Law Essay Striking a Balance Land law exists today to balance and regulate the rights of both purchaser and vendor upon a transfer of land. Before the flood of 1925 legislation affecting land transactions, purchasers of legal title took subject to many unpredictable and undiscoverable interests, disproportionately burdening them with extensive and expensive obligations and rendering vendors’ interests paramount. The comprehensive reforms encapsulated in the Land Registration Acts (LRA) of 1925 and 2002 overhauled the oft-criticised system of land transfer, affording both parties a more secure basis for the transfer of land. The major impetus behind the Acts was to achieve parity with the mirror principle of conveyancing, attaining a â€Å"truly transparent, accurate and comprehensive† Land Register, reflecting the wealth of interests in relation to titles in land and placing parties on more equal footing. Unfortunately, the 1925 Act failed to eradicate all ‘cracks in the mirror’, instead preserving the relevance of certain interests which may ‘override’ registration. These ‘overriding’ interests burden registered land by operating on a superior plane to other registrable interests, binding purchasers outright and disproportionately empowering the overriding interest-holder. Although the majority of overriding interests provided by the 1925 Act are largely uncontentious, controversy has surrounded the overriding status of interests belonging to persons ‘in actual occupation’ of the land . To this end, LRA 1925, s.70(1)(g) protects an interest in land where its owner is in actual occupation on the land. The open-ended nature of this provision has not unexpectedly been the subject of extensive litigation. Although the Law Commission initially felt compelled to recommend the abolition of all overriding interests, the sentiment was that in order to protect occupiers who cannot reasonably be expected to protect their rights through registration, this sub-category and its accompanying controversy should be retained . Lord Denning’s justification was to protect occupiers from â€Å"having their rights lost in the welter of registration† . The LRA 2002 has thus upheld overriding status of interests of persons in ‘actual occupation’, albeit curbing and clarifying the parameters within which the rights of occupiers can impinge upon purchasers . Now enshrined in LRA 2002, Schedule 3, paragraph 2, overriding interests of those in ‘actual occupation’ subsist as a glaring ‘crack’ in the mirror principle, despite the elucidation and qualification now provided. Analysis of the issues surrounding overriding interests and ‘actual occupationâ €™ is necessary to determine whether balance has been, or will ever be, achieved between purchasers and those in ‘actual occupation’. Within the ambit of Schedule 3, paragraph 2, occupancy itself is not overriding, but rather the interest the occupier has in the land he occupies has the potential to become overriding. Actual occupation, therefore, â€Å"is merely the trigger which activates the statutory protection† of the interest. The types of interest falling within its scope are not clarified, and judicial uncertainty has reflected this lack of clarity. The initial belief under the 1925 Act was that only proprietary rights in the full sense – enduring and capable of being transmitted – can override . In Ainsworth , Russell LJ said that a right for the purposes of s.70(1)(g) must â€Å"have the quality of being capable of enduring through different ownerships of the land† , thus relegating a beneficial interest under a trust to a minor interest which only registration will protect. Their Lordships drew a distinction between personalty and proprietary rights, the latter of which could only be eligible for overriding status. However, judicial uncertainty persisted in the aftermath of Ainsworth, with judges adopting â€Å"markedly differing attitudes to the rights in s.70† . Such a miscellany of interests as a right to rectify , a tenant’s right to buy under the Landlord and Tenant Act 1987 and an unpaid vendor’s lien were all held to fall within the ambit of s.70(1)(g), rendering reconciliation difficult with the notion that only strictly proprietary interests will suffice. Nevertheless, Schedule 3, paragraph 2 upholds application only to proprietary rights due to its clarification that the interest must be one â€Å"affecting the estate† . Following a move during the Bill’s debate to extend the categories of beneficiaries in actual occupation , the boundaries of Ainsworth are not immovable, and in the wake of the seminal case of Boland , beneficial interests under a trust are permitted overriding interests. In the latter case, a wife had an unregistered beneficial interest in the family home which her husband was the registered proprietary owner of. When the husband was unable to repay the mortgage loan, the House of Lords held that the wife’s beneficial interest was sufficient to amount to a proprietary interest in the land . Other successful interests include equitable leases and tenancies , estate contracts as options to purchase , and rights arising out of estoppel . It is accepted that an occupier’s interest must be fully enforceable and unencumbered at the date of the disposition of the land in order to be imbued with overriding status. In Mendelsohn , a mother had knowledge of a building society’s mortgage to her son for part of the purchase price of a property she also paid part of, and then she argued that she had an overriding interest due to her actual occupation. The Court of Appeal held that her knowledge of the mortgage equated to implied consent to being subject to the mortgage, thus estopping her claim by virtue of her silent representation . This had embellished the intrinsic quality of her right, thus precluding reliance upon ‘actual occupation’ to make it overriding. The concept of overreaching in a trust scenario renders an interest, which would otherwise be overriding, lost and unable to be empowered by ‘actual occupation’. Originally enshrined in s.2 Law of Property Act 1925, overreaching applies where there are two or more trustees in land. Upon disposition of the land, the beneficiaries’ interests are overreached and the sale monies go directly to the trustees, essentially detaching the beneficiaries’ interests from the estate. Although overreaching failed in Boland due to there being only one trustee, in Flegg overreaching occurred where a husband and wife were trustees in a house that they shared with the wife’s parents, who were beneficiaries under the trust. When the house was sold, the beneficiaries’ interests were overreached and the proceeds went to the trustees. As Lord Templeman surmised, â€Å"actual occupation is not an interest in itself† . The effect of overreaching is that purcha sers’ rights are subject to â€Å"the waywardness of actual occupation† if purchase is made from less than two trustees, thus placing purchasers in the precarious position of taking subject to beneficiaries’ rights upon transfer from one trustee. The ambit of ‘actual occupation’ envisaged by the Acts has been contentious since its inception in LRA 1925, resulting in a catalogue of jurisprudence concerning how exactly to ascertain actual occupation. Under s.70(1)(g), a purchaser was bound pro tanto, rendering occupiers’ interests overriding whether discoverable by a purchaser or not . Although the draft Land Registration Bill preceding the 2002 Act included a partial definition of actual occupation as being â€Å"physically present there†, the 2002 Act did not incorporate this provision, so actual occupation remains largely undefined . Had this provision been included, it would have given credence to Boland, where their Lordships made an uncompromising set of judgments observing actual occupation to comprise â€Å"ordinary words of plain English† and to constitute â€Å"a plain factual situation† . These judgments suggest that ‘actual occupation’ requires no â€Å"entitle ment in law† and that concepts of notice are irrelevant to actual occupation , thus bestowing occupiers with the ability to trump purchasers through the simple fact of occupation. LRA 2002 provides that an occupier cannot claim an overriding interest where the purchaser had â€Å"actual knowledge† of the occupation or where occupation â€Å"would not have been obvious on a reasonably careful inspection of the land† . This has introduced a notice-based test, radically altering the nature of establishing actual occupation and rebalancing purchaser and occupier. Purchases of unregistered land operate on the doctrine of notice, and although Lord Wilberforce compared notice to actual occupation in Boland , he rejected the notion that it should be applied similarly, upholding the ‘absolutist’ factual test . However, the ‘constitutionalist’ view, considering notice as a context in which to interpret actual occupation, has come to the fore. Constitutionalism originates from the rule in Hunt v Luck , that occupation gives notice of the occupier’s rights, and the actual occupation rule was drafted to reflect this, albeit n ot giving effect to the full doctrine of constructive notice. The two approaches represent the conflicting interests of occupier and purchaser. The tension between the approaches is evident in Rosset , where Purchas LJ said that the individual’s overriding interest depended upon both physical presence and whether â€Å"appropriate inquiries made by the bank [would] have elicited the fact of her interest† . Although actual occupation fails to give credence to the full doctrine of notice, Mustill LJ said that â€Å"even if constructive notice no longer applies in this field, the old law still gives a flavour to the new† . Rosset created a tentative balance between the approaches to actual occupation, leaving the conflict unresolved until the inception of the LRA 2002. Nevertheless, a notice-based test of occupation can be elicited from Schedule 3, paragraph 2, serving to burden both purchaser and occupier. For purchasers, a burden is imposed to inquire of persons in actual occupation â€Å"what rights he or she has in the land† . This duty is unsatisfied via simple inquiry of the vendor, as â€Å"reliance on the untrue ipse dixit of the [vendor] will not suffice† ; inquiry must be made of actual occupiers to take free of their interests. The notice approach also burdens occupiers, however, as failure to disclose interests when inquired revokes the right to receive overriding status . Although this redresses the balance between occupier and purchaser, it may be unreasonable to bind occupiers to surrender interests in the contingency that, as Dixon submits, â€Å"the right-holder knows that the consequences of disclosure will be the loss of the family home† . It is clear then, that the contemporary approach taken to determining questions of actual occupation under Schedule 3, paragraph 2 â€Å"expresses a decisive and unquestioned policy choice in favour of purchasers† . In establishing the intricacies of actual occupation, the abundance of litigation under the 1925 Act provides guidance. Although occupation must be intentional and ongoing, it is not precluded by â€Å"a temporary and fortuitous absence† . In Chhokar v Chhokar , a woman giving birth remained in actual occupation of her home during her confinement in hospital. However, a pattern of substantial absence will prove fatal to a claim of actual occupation . Discontinuous occupation owing to regular and routine absences also fails to preclude actual occupation, as in Tizard a homeowner was in actual occupation of her house despite living at her sister’s house for two nights per week. This lack of constancy allows occupiers enforceability of their interests without adhering to stringent standards of occupation. Judicial opinions are divergent regarding an individual occupying land through an agent. In Caswell, a stepfather could not claim actual occupation through his stepdaughter staying in the property as his agent. However, in Rosset , the presence of builders working on the house was sufficient for the owner employing them to be in actual occupation. Conversely in Lloyd v Dugdale , an individual could not claim an overriding interest if occupation was effected through a company owned by that individual . This instils in interest-holders the requirement to be the party in actual occupation for their interest to be overriding. Preparatory acts prior to taking occupation are insufficient in procuring actual occupation, as laying carpets and installing furniture in Cann failed to amount to actual occupation. Cann additionally clarified the stage at which individuals must be in actual occupation as being at the moment the transfer is executed, rather than the moment of registration. This is now supported by LRA 2002, which expressly states that interest and occupation must subsist â€Å"at the time of the disposition† . This precludes individuals from occupying land post-purchase but pre-registration and claiming overriding interests against purchasers, thus holding purchasers’ interests above those of occupiers. It is now established that certain persons are excluded absolutely from actual occupation. A wife was once thought to be a mere â€Å"shadow† of her husband’s occupation, and although discredited in Boland, the same concept was adopted in Robinson to define children, even if beneficial owners under a trust, as being in â€Å"shadows of occupation of their parent† . The rationale for this was that no enquiry could be made of children, especially those of tender years , which has been roundly criticised as â€Å"curiously at odds with reality† . The Robinson judgment undoubtedly favours the interests of purchasers, by completely refusing to acknowledge a potential source of overriding interest. Where an individual owns rights over an area greater than he is in actual occupation of, Ferrishurst v Wallcite offers guidance. In that case, an option to purchase the lease of land greater than the area in actual occupation was held to be overriding. This decision heavily burdened purchasers and extended overriding interests for occupiers, and as an attempt to rebalance the relationship, the LRA 2002 has reversed this decision, providing that any interest protected by occupation is restricted to the land which is actually occupied . As Dixon concludes, â€Å"the legal extent of the interest that overrides is to be co-terminus with the extent of the actual occupation† . The protections afforded to both occupier and purchaser have made for an edgy equilibrium throughout the evolution of overriding interests in relation to actual occupation, but always the law has struggled to balance the disparities in this relationship. Although purchasers have historically faced hardship in overcoming the â€Å"intermediate, or hybrid, class† of overriding interests wielded by occupiers, their position has been improved somewhat by the evolution of both statutory and common law. However, the interests of the two parties have yet to achieve legal equivalence. The very existence of overriding interests has been labelled as â€Å"disquieting† for purchasers, not least because indemnity cannot be awarded to a purchaser trapped by such an interest . This has placed purchasers on an uphill struggle to have their interests judicially and statutorily recognised and accorded significance that endures today. Solace lies at the advent of compulsory e-conveyancing, promoted heavily by the 2002 Act, which envisages synchronicity of disposition and registration in land transfers . This development will render many equitable interests unprotected unless registered, despite being currently overriding upon actual occupation. Schedule 3, paragraph 2 will then be restricted only to the protection of those occupiers’ interests which arise informally, through resulting or constructive trusts or through estoppel , effectively narrowing an occupier’s ability to override registration. The underlying and pervading expectation that overriding interests will eventually be drawn onto the Land Register through positive registration will ultimately abolish the subsistence of occupiers’ unregistered and overriding interests upon a transfer of registered land which so adversely affects purchasers. Bibliography Gray Gray, Core Texts: Land Law (4th edn, 2005, OUP) Green Cursley, Land Law (5th edn, 2004, Palgrave Macmillan) Martin, EA (ed.), Dictionary of Law (2003, OUP) Smith, R, Property Law: Cases and Materials (2nd edn, 2003, Longman) Thomas, M, Blackstone’s Statutes on Property Law 2005-2006 (13th edn, 2005, OUP) Thompson, M, Modern Land Law (2nd edn, 2003, OUP) Bogusz, B, â€Å"Bringing Land Registration into the Twenty-First Century – The Land Registration Act 2002† MLR 2002, 65(4), 556-567 Dixon, M, â€Å"The Reform of Property Law and the Land Registration Act 2002: A Risk Assessment† Conv. 2003, Mar/Apr, 136-156 Kenny, P H, â€Å"Children Are Spare Ribs† Conv. 1997, Mar/Apr, 84-85 Pascoe, S, â€Å"Triumph for Overriding Interests† Conv. 1999, Mar/Apr, 144-149 Smith, R J, â€Å"Overriding Interests and Wives† (1979) 95 LQR 501 Sparkes, P, â€Å"The Discoverability of Occupiers of Registered Land† Conv. 1989, Sep/Oct, 342-354 Tee, L, â€Å"The Rights of Every Person in Actual Occupation: An Enquiry into section 70(1)(g) of the Land Registration Act 1925† (1998) 57 CLJ 328 â€Å"Remedies: No Overriding Interest† P.L.B. 2002, 22(7), 52 Law Commission, Land Registration for the Twenty-First Century (1998) Law Com No 254 Joint Law Commission and HM Land Registry Report (2001) Law Com 271 Boone, K (2004), Actual Occupation. Retrieved on 19th November 2005 from the World Wide Web: http://law.web-tomorrow.com/twiki/bin/view/Main/ActualOccupation Research Papers on Fundamentals of Land Law Essay - Striking a BalanceRelationship between Media Coverage and Social andBringing Democracy to Africa19 Century Society: A Deeply Divided EraWhere Wild and West MeetCanaanite Influence on the Early Israelite ReligionUnreasonable Searches and SeizuresInfluences of Socio-Economic Status of Married MalesThe Project Managment Office SystemIncorporating Risk and Uncertainty Factor in CapitalCapital Punishment

The Seismoscope Is One of the Great Chinese Inventions

The Seismoscope Is One of the Great Chinese Inventions There are few things more disconcerting than the sensation of the seemingly-solid Earth suddenly rolling and pitching beneath ones feet. As a result, humans have sought ways to measure or even predict earthquakes for thousands of years. Although we still cant accurately predict earthquakes, humans have come a long way in detecting, recording, and measuring seismic shocks. This process began nearly 2000 years ago, with the invention of the first seismoscope in China. The First Seismoscope In 132 CE, inventor, Imperial Historian, and Royal Astronomer Zhang Heng displayed his amazing earthquake-detection machine, or seismoscope, at the court of the Han Dynasty. Zhangs seismoscope was a giant bronze vessel, resembling a barrel almost 6 feet in diameter. Eight dragons snaked face-down along the outside of the barrel, marking the primary compass directions. In each dragons mouth was a small bronze ball. Beneath the dragons sat eight bronze toads, with their broad mouths gaping to receive the balls. We dont know exactly what the first seismoscope looked like. Descriptions from the time give us an idea about the size of the instrument and the mechanisms that made it work. Some sources also note that the outside of the seismoscopes body was beautifully engraved with mountains, birds, tortoises, and other animals, but the original source of this information is difficult to trace. The exact mechanism that caused a ball to drop in the event of an earthquake also is not known. One theory is that a thin stick was set loosely down the center of the barrel. An earthquake would cause the stick to topple over in the direction of the seismic shock, triggering one of the dragons to open its mouth and release the bronze ball. Another theory posits that a baton was suspended from the lid of the instrument as a free-swinging pendulum. When the pendulum swung widely enough to strike the side of the barrel, it would cause the closest dragon to release its ball. The sound of the ball striking the toads mouth would alert observers to the earthquake. This would give a rough indication of the earthquakes direction of origin, but it did not provide any information about the intensity of the tremors. Proof of Concept Zhangs wonderful machine was called houfeng didong yi, meaning an instrument for measuring the winds and the movements of the Earth. In earthquake-prone China, this was an important invention.   In one instance, just six years after the device was invented, a large quake estimated at a magnitude seven struck what is now Gansu Province. People in the Han Dynastys capital city of Luoyang, 1,000 miles away, did not feel the shock. However, the seismoscope alerted the emperors government to the fact that a quake had struck somewhere to the west. This is the first known instance of scientific equipment detecting an earthquake that had not been felt by humans in the area. The seismoscopes findings were confirmed several days later when messengers arrived in Luoyang to report a major earthquake in Gansu. ChineseSeismoscopes on the Silk Road? Chinese records indicate that other inventors and tinkerers in the court improved upon Zhang Hengs design for the seismoscope over the centuries that followed. The idea seems to have spread westward across Asia, probably carried along the Silk Road.   By the 13th century, a similar seismoscope was in use in Persia, although the historical record does not provide a clear link between the Chinese and Persian devices. It is possible that the great thinkers of Persia hit upon a similar idea independently.

Nestle Case Study Essay Example | Topics and Well Written Essays - 2000 words

Nestle Case Study - Essay Example The paper will eventually conclude by offering recommendations based on the analysed findings, which will help in solving strategic problems that affect the company. Introduction The history of nestle company began in 1860s when a trained pharmacist named Henri Nestle began researching for healthy economical alternatives to breastfeeding for mothers who could not lactate due to various reasons. Henri Nestle began by carrying out experiments of various combinations of cow’s milk, sugar and wheat flour with an aim of curbing the problem of infant mortality caused by malnutrition. The outcome of Henri’s combination was called the New Product Farine Lactee Henri Nestle (Klopping, 2013). Nestle’s first customer was a premature infant who could not consume the breast milk or any other conventional substitute, and even the physicians could not solve the infant’s case. The infant’s positivity towards Henri’s food exposed the product to the people who had earlier had negative perceptions towards the product. The company began adding chocolate to its food lines and from then on, the product hit the European market. In 1874, Jules Monnerat purchased Nestle Company, and it began condensing its own milk production in order to compete with its then competitor the Anglo-Swiss Condensed Milk Company (Klopping, 2013). However, the rivalry ended when the two companies decided to merge in 1905. The newly formed company operated in Britain, Spain, USA and Germany, but several years down the line, the company ventured Far East towards Australia, India, Hong Kong and the general pacific. The onset of world War I brought along severe disruptions that interrupted the smooth running of businesses. For instance, acquiring raw materials and distributing products became extremely difficult leading to shortages in food supply, which led Nestle to purchase several factories in the US so as to meet up the demand for condensed milk and dairy products. This fostered business boom and by the end of the war, Nestle had made a good fetch. After the end of the World War, milk became available and the situation, combined with post War economic recovery led Nestle into dept slip. However, the company through the help of a baker strategized on ways to reduce debts, and in 1920, the company came up with another product line of new chocolate and powdered beverage product. In 1930, Nestle invented Nescafe and Nestea, which hit the market throughout even in the onset of World War II because Nescafe became a favourable beverage for servicemen in Europe and Asia (Smith, 2007). In 1947, the company continued to portray its progress by merging with Alimentana, a soups and seasoning manufacturing company. Prior to the food market, the company expanded by becoming a major stakeholder in L’Oreal cosmetics by the year 1974, but the progress was cut short later when Nestle suffered due to global economic crisis like hiking oil prices, unstabl e exchange rates, and the rise of raw material prices that included beans and cocoa. The situation forced Nestle to venture into Alcon Laboratories, Inc. In turn of events, Nestle’s food products faced an international boycott. The boycott arose after the company introduced its products to the developing countries where illiteracy was high and the misuse of formula was misused. Most mothers from these

Client Brief on AngliCare Australia Research Paper

Client Brief on AngliCare Australia - Research Paper Example (AngliCare 2011). AngliCare is a social welfare organization in Western Australia that provides specialized services to all people ranging from children to the aged, some including family relationship services, foster care, adoption, employment services, community housing and development, etc. AngliCare’s Internal Environment: SWOT Analysis Strengths: The strengths of AngliCare lies in the services they provide, ranging from care for the aged, youth services, family relationship services, disability and carer services, disaster recovery, etc. also, their complete inclusion is a very strong point in their favor, meaning their non judgmental and non discriminatory acceptance of people from all walks of life. Their main motto is to care and they spread this message to all they come across. AngliCare’s organizational and services structures can also be mentioned as one of its strengths. They are comprehensive and well drafted. Weakness: AngliCare is facing issues in its asp ects, such as with some of its events, the volunteers and op shops. They need to work on resolving these to ensure they are not overshadowed by other social welfare agencies. Opportunities: AngliCare covers almost every person from every walk of life who might be facing problems. However, they do not have programs specific to women and children who have faced abuse. Designing programs for women and children in this dire state will be really helpful. Also, they can consider expanding their services to under-developed and developing countries that do not have such programs in place and require such help. India for instance, does not have social welfare programs for its unemployed or disabled. A program like this might come in handy to help these people get on their feet and help reduce other social stigmas like beggary. Threats: Being a social welfare agency, AngliCare doesn’t really face threats as such from competition. Social welfare is based in the theme of care and their o nly objective is to ensure the welfare of their people. Their threats will mainly come into the picture in terms of lack of resources and volunteers. Also, when people try to scam the agency in exchange for the resources they provide, it will create a problem for the agency. AngliCare’s External Environment: Stakeholders and Competitors In case of AngliCare, corporate partnerships provide the opportunity for companies to contribute to its work in the community.  Their programs provide physical, financial, emotional and spiritual assistance to help people in need to break the cycle of hardship. They have Corporate Care partners who assist in various ways such as sponsorship of events, workplace giving via payroll deductions for employees, encouraging people to volunteer at any of their locations and encouraging people to support them in kind, that is, via means of food, clothes and other such necessities. AngliCare, being a social welfare agency, does not really face competi tion as such from other social welfare agencies. All these agencies are non profit based and run for the benefit of people, local or otherwise. They do not judge or discriminate against the people they help out. All are equal in the eyes of god and these agencies. AngliCare’s Macro Environment: PESTEL Analysis Political Factors: AngliCare is facing political issues when it comes to its schools’ programs. More and more State, National and Overseas charities are

Pricing and Costing Methods Essay Example for Free

Pricing and Costing Methods Essay Organizations today more than ever before must ensure that they reduce costs as well, as the time used to avail products and services to the market. Since planning as well as the estimation of costs are critical to businesses it is important that organizations chose the best pricing and costing techniques. (Seonen, 2006). The implication here is that the fundamental goal of any business concern is to minimize its costs of operation while maximizing its returns to the shareholders. In order to achieve this, there is need to put in place the best pricing policies as well as the most appropriate costing techniques. This paper will attempt to examine the various costing as well as pricing methods that are available for use by business organizations. Traditional costs estimation methods like marginal and absorption costing will be looked at. Equally the newer costing method, the activity based costing will be discussed alongside other pricing methods. (Seonen, 2006) Pricing Methods Average cost pricing One example of pricing methods is the average cost pricing. Average cost pricing as a cost method involves the calculation of average costs per unit. To obtain this, the total cost of goods available for sale is divided by the total units available for sale. The weighted average approach is applied to all the closing inventories. (Duffie, 1992) The disadvantage with this method is the fact that it ignores the effects of cost increases as well as decreases. This is usually due to the fact that cost of closing inventory calculated under this category is usually affected the prices paid in the entire year as well as the cost of the opening stock. The method thus ignores more recent costs which are more reliable in income determination and decision making. Pricing methods Cost plus pricing: this is one of the pricing methods where by the price for a given product or service is the sum of the actual cost of the product or service plus a profit margin. This method of pricing is mostly used as an interim contractual measure. (Lintner 1965) The major advantage of this method is that it’s easy to calculate and need little information in computing the project costs and thus mostly used in pricing government contracts. The other hand this method has come under sharp criticism for encouraging wasteful expenditures in government contracts coupled by corruption. The other pricing method is the option pricing method that is commonly used in the motor vehicle industry. (Birge, 1997 ) option pricing method is basically where by an organization prices its products in a way that it provides a base price for its products which in most cases is always low to attract customers who upon visiting the store find other product accessories that can be purchased and added to the product. For example most vehicle manufacturing companies will provide a base price for their cars and use their showrooms to market other product parts like the car music systems, alarms e. t. c. Capital asset pricing model (CAPM) is another pricing approach that can be used in the financial sector, (Lintner 1965, pp. 12-39) it basically based on the investors ability to invest in many other fronts (divest) without additional costs, this approach is advantageous in that any future cash flows can easily be monitored with only knowing the investments correlation with the market, market risk premium as well as the risk free rates. Comparable uncontrolled price method(CUP),this is a method that seeks to establish the ALP, through comparing the controlled and the uncontrolled transaction in relation to the asset or service that has been transferred, (Duffie,1992) this method is mostly used in provision of loan by financial institutions as well by other organizations that sell intangibles. Resale price method, this is a method that seeks to evaluate the process of activities performed or done rather than the eventual output (product) (Lintner,1965,pp. 2-37)its commonly used in instances where the reseller do not add any meaningful value to the finished product and no physical changes are made on the product, the eventual resale price is determined by the resale price of a commodity then subtracting the gross profit margin achieved from the resale as well as all the expenses incurred, before arriving at the resale price of the commodity Bid pricing: This is a method of pricing that is commonly used in the stock exchange markets. it basically involve the respective clients placing bids or prices they would like to purchase the stocks of shares, and with the buyers and the sellers, with the highest bidder purchasing the property, price movements at times in the stock market always leads to the uncertainty in the market prices. (Sharpe,1964,p. 425-442) Target pricing: This is a method of pricing where business organizations price their products differently basing on the different market segments that they target with their products, the products may not necessarily have diverse differences to justify the difference in prices but the underlying idea is to maximize on profit in market segments that can pay higher prices for the product as this helps to cover on the lower segment, where the product may be priced lower. (Dominick,2008,p. ) The basic advantage of this pricing method is that it enables a company to earn higher profits without necessarily increasing production costs since it’s the same product that is sold to different target markets, Target pricing is generally common in the mobile phone industry where the same gadgets with minor modification are actually sold to different target markets at different prices Costing Methods Marginal costing This method also known as the direct coasting method has the main characteristic of charging all the manufacturing or product costs to the product irrespective of whether the costs are variable or fixed. Lucey, 1993) This method is useful in pricing decisions that are short term in nature in determining the least price that can be charged to a product below which losses will occur. The implication here is that marginal or direct costing as a traditional costing method suffers from the major drawback of oversimplification because it tends to employ only the volume of the product. Job costing is the method of costing where the coast of a product or service is determined by allocating costs ton a particular unit, a batch or even to a lot of the product or service. It is more or less the same as batch costing. Precisely, job costing method is applicable where good and services are produced as a result of a series of continuous operations. It is thus considered a product costing technique in which case emphasis is laid on the determination of the cost of a unit product. (Sobngwi, 2007) Absorption costing It has been the practice of many firms to charge manufacturing overheads on the basis of direct costs like direct labour. The technique used tended to differ in terms of details as well as allocation bases. Some systems employ a single base like total direct cost while others use several bases like direct labour and raw materials. Absorption costing as a method of costing allocates all the costs to the objects of the cost. This usually happen based on direct costs or even physical output measures. Marginal cost allocations are important for many managerial decisions like the valuation of stock as well as calculation of profits. (Sobngwi, 2007) The method may however not be very appropriate for product range decisions since the net profit figure from this technique tends to be unsatisfactory base for product range decisions. Allocation of expenses between two departments may be difficult. One department may for example have a fully developed product which could require only a little development resources while the other department could be in need of full development. In such a case dividing the costs will thus be inaccurate. This has the implication that there is uncertainty as to whether dropping one product line would lead to a reduction of the total expenses allocated to that product. (Bjornlund Rossini 2005). Activity Based Costing (ABC) The activity based costing (ABC) was developed as a reaction to the shortcomings of the marginal and absorption costing methods. This method gives a description of the activity in overhead departments which can be recognized by both the departmental managers as well being driven by cost factors. The cost factors are usually the characteristics of the products s well as other cost objects. ABC is usually a two step process. First, the costs of similar activities in various overhead centers are collected. In this case the total direct cost of each department is then charged to each activity based on its use of total capacity as well as the total of all the costs of all activities collected from all the departments in activity cost pools. Seonen, 2006) Second, the cost drives of each cost pool are identified after which cost drivers are quantified and the allocations to product costs derived. (Seonen, 2006) There are usually many varieties of cost drivers to choose from in an attempt to explain the costs of an object. The bottom line however is that they have to be capable of being quantified in terms of both the cost pool as well as the cost objects. Conclusion There is always need for consistency as well as standardization of the methods of financial pricing and costing methods have been recognized. Adam et el,2003) This has led to the innovations of many sets of guidelines for both economic evaluations and costs. In the final analysis therefore, variations in cost methods that are usually used in business organizations have raised many questions resulting into the inability to compare the results of various costing as well as pricing methods. However in order to achieve both the transferability as well be able to generalize results there is need to apply uniform cost pricing and estimation methods in order to minimize any chances of variations.

The Architecture of the Library of Congress Essay -- Architectural Str

The Architecture of the Library of Congress Constructed between 1888 and 1897, the Library of Congress is located in Washington, D.C. at the intersection of 1st St. and Independance Avenue. It's beautiful, large-scale building is comprised mainly of marble, granite, iron, and bronze. The Library's architectural style is reminiscent of that of ancient Greece. It's typical Greek characteristics include columns of the Ionic order, relief sculpture, and statues of Greek god figures, such as Poseidon, god of the sea. These attributes are significantly comparable to those of the altar of Pergamon located in present day Turkey. Housing thousands of books, music, and art collections, the Library of Congress contains numerous reading rooms used by the public people. It is not restricted to use by special officials, but welcomes everybody as it was constructed specifically to serve as the American national library. The present Library of Congress had a difficult time getting started in its early stages. Originally located in the United States Capitol building between 1806 and 1814(U.S. Government, 1), a fire caused the Library to be relocated to a temporary hotel location. Soon it was replaced into the north wing of the Capitol, and then into the center of the west front (U.S. Government, 2). Unfortunately, another disastrous fire burned the Library and yet again it had to be repaired. The Librarian of Congress at this time in 1865, Ainsworth Rand Spofford, realized the Library was expanding to the point where it would soon need it's own separate building from the Capitol. He drew up an architectural plan in 1872 and presented it to Congress who authorized it. The new structure, named the Jefferson Building, was elaborately deco... ...nce is that the Library of Congress celebrates mental values while the altar of Pergamon celebrates physical values. The architecture of the Library of Congress expresses a modern presence of the past. It's similarities to the altar of Pergamon lie in physical appearances and in deeper meanings. Both reflect the beauty of Greek architecture and the values of the people who designed them. Bibliography Schwartz, Nancy B. District of Columbia Catalog. Charlottesville: University Press of Virginia, 1974. Stokstad, Marilyn. Art History. New York: Harry N. Abrams, Inc., 1995. United States Government. "Jefferson's Legacy: A Brief History of the Library of Congress." http://lcweb.loc.gov/loc/legacy/bldgs.html. (1996): 1-12. Allen, William C. The Dome of the United States Capitol: An Architectural History. Washington: U.S. Government Printing Office, 1992.

Sales Report Example

Table of Contents Executive Summary3 Part 1: GSM Personnel Specification4 1. Experience4 2. Qualifications4 3. Required skills5 Part 2: Key issues and Recommendations6 1. Introduction6 2. Key issues6 2. 1 Motivation and job satisfaction6 2. 2 Recruitment and selection7 2. 3 Training and development7 2. 4 Key account management8 2. 5 Sales team structure8 3. Conclusion9 4. Recommendations10 4. 1 Change the reward system10 4. 2 Set up the formal recruitment and selection process11 4. 3 Set up a standardized training11 4. 4 Restructure the sales team with the new role of KAM13 . 5 Action Plan15 4. 6 Expected Outcomes16 5. Limitations17 6. Bibliography18 7. Appendices19 7. 1 The recruitment process19 7. 2 Sales people calculation19 Executive Summary The report is divided in two parts. The first part ‘Personnel Specification’ is aimed to identify the required main skills areas of the new GSM. Those are: * Five to eight years sales experience and management; * University degre e of business or marketing management; * Excellent and proven communication skills and interpersonal skills; * Ability to reate a work environment and culture to stimulate individual’s development and motivation; * Ability to negotiate and high levels in numeracy and literacy skills; * Personal traits: high motivation, ambition in sales, enthusiasm, full commitment, and ability to work under high pressure. The second part, which is the most important part of this report, consists two main sections: key issues and recommendations. The key issues have been identified through analyzing our current company’s situations and related theories.Those key issues are: * Low motivation and decreasing job satisfaction; * The lack of formal recruitment and selection process; * The lack of quantity and quality in training and development; * The missing role of Key Account Management in the sales operation; * The inappropriate sales team structure. Based on the analysis of key issues, the fully detailed recommendations are provided in the end of this report, following with an Action Plan and expected outcomes. Part 1: GSM Personnel SpecificationAccuClean is in crucial need of a new General Sales Manager, who will be in charge of the sales team in all regions and report directly to the Managing Director, Peter Ward. Our company is facing several leadership problems and lack of focus in sales team. The new GSM is expected to bring the new fresh leadership style and able to manage the sales team in all regions to achieve the highest performance and long-term development. The personnel specification of GSM will be illustrated in details. Experience The new GSM is expected to have at least 7 to 8 years sales experience, preferably in B2B market (CPSA, 2012; Myjobs, 2012; Reed, 2012).The experience in B2B sales market is very important for our company since our customers are ranging from small to large sized companies, and many of them are with us more than ten years. He/she has a minimum of 5 years experience in business management, marketing and sales strategies and planning, and financial oversight (Inc, 2012; Myjobs, 2012). With these experiences, the new GSM is able to diagnose the management problems within our sales operation, and bring in his/ her new approach in leadership style, in order to improve sales team’s performance as well as increase the motivation and satisfaction of sales people.However, we should be very flexible in selecting candidates based on experience. If a candidate had excellent qualifications regarding his/ her education and 2-3 years experienced, we should not exclude him/ her from our shortlist. The requirement of sales experience is likely to cause a problem of excluding potential candidates (Jobber and Lancaster, 2006). Qualifications The candidate needs to have Bachelor degree of Business or Marketing Management (CPSA, 2012). The university degree is necessary since the good educational background will h elp the new GSM a lot in management.Besides, the combination of education and experience for the GSM position is ideal for long-term development of our sales force. Required skills The new GSM is required to have excellent and proven oral communication skills (Inc, 2012). In addition, the candidate needs to prove his/ her skills in exceptional customer facing and interpersonal skills to enable difficult situations to be overcome successfully (JCT600, 2012). Communication skills are the most crucial qualities of sales people, especially sales manager (Jobber and Lancaster, 2006).Furthermore, the new GSM should be able to create a workplace environment and culture that allows all the sales people in the team to develop and excel their jobs (JCT600, 2012). This requirement is essential since the current leadership style in our sales operation does not seem to work very well and need a crucial change and improvement. The potential candidate is able to negotiate effectively and at the hi ghest level together with excellent numeracy skills and literacy skills (JCT 600, 2012). For both short-term and long-term development of our sales force, these skills are necessary.Besides, the most two important basic qualities that a good sales person must have are empathy and ego drive (based on the study of Mayer and Greenberg, 1964, cited in Donaldson, 2007). Empathy is defined as â€Å"the important central ability to feel as the other fellow does in order to be able to sell a product or service† (Donaldson, 2007, p. 60). Ego drive is a desire to want and need to make a sale (Donaldson, 2007). Both of these basic qualities are a must for our potential GSM since in order to be a good sales manager, he/ she should be a good sales person.Last but not least, we are looking for a new GSM with high motivation, ambition in sales, enthusiasm, full commitment, and ability to work under high pressure (Mathews and Redman, 2001, cited in Jobber and Lancaster, 2006). Part 2: Key is sues and Recommendations 1. Introduction Part 2 is aimed to illustrate the key issues regarding our sales operation in AccuClean. The analysis based on our current situation and theory is presented for every issue. Recommendations are coming in the end of this report, followed by the Action Plan and expected outcomes.All the key issues and recommendations are ordered according to its priority of taking urgent actions. Key issues 1. 1 2. 1 Motivation and job satisfaction Motivation is â€Å"the amount of effort that a salesperson expends on each activity or task associated with the job† (Donaldson, 2007, p. 230). Many factors are believed to cause positive motivation, such as monetary reward, workload, promotion, degree of recognition, supervisory behaviour, targets, and tasks (based on Adams’s inequity theory, Jobber and Lancaster, 2006).In AccuClean, the first factor that causes the low motivation in the sales team is bonus system, which is perceived by many staffs as unfair. The bonus system in AccuClean is set based on achieving a sales figure above the individual sales target, starting from 5% above target sales with a bonus of 5% basic salary. Last year, only nine sales people out of 71 have been able to achieve the bonus, which gives the evidence about the inappropriate bonus system. In addition, the salary is based on individual negotiations when they joined the company, which might lead to unfairness between individual sales people in the team.According to Vroom’s expectancy theory, it is assumed that â€Å"people’s motivation to exert effort is dependent upon their expectations for success† (Jobber and Lancaster, 2006). It means to what extent AccuClean sales people believe by working harder (increase effort), they will achieve 5% above target sales (high expectancy), and that higher sales will lead to higher salary – bonus of 5% of basic salary (high instrumentality), and higher salary is very important for t hem (high valence).Moreover, during the merger, there were several sales staffs left to join competitors, which may result from the lack of motivations. According to Herzberg’s motivation- hygiene theory, working conditions and company policies are two of the hygiene factors, which cause dissatisfaction, thus, lead to low motivation (Donaldson, 2007). Bonus as money is the only type of rewards that is used in AccuClean, nevertheless, there are many more types of rewards that could also be applied, in order to motivate various types of sales people.The suggested bonus system will be illustrated in the recommendation part in the end of this report. 2. 2 Recruitment and selection Bob Carter is in charge of the selection process for new sales people. However, he has no formal system for recruitment and selection as well as no job description. Formal selection process is crucially important to ensure the quality of sales persons, which can have a substantial effect on sales turnov er (Jobber and Lancaster, 2006). Furthermore, hiring a sales person is very costly, much more than the basic salary.Therefore, selecting the right person for the right position is essential, and can be achieved through setting up a formal selection procedure. Another problem is Carter’s way of selection – ‘he knows a good sales person as soon as he sees one’. This bias can harm the screening process, which is part of the recruitment process (see Appendix 5. 1). Either selecting the wrong person or dropping good persons is costly (Donaldson, 2007). Donaldson defines job description as the roles and duties attached to a specific position in the organization (2007).It is necessary for AccuClean to prepare job descriptions for any new positions in the sales team, to ensure the responsibility of each team members, thus, no role ambiguity can occur. 2. 3 Training and development Training is one way for sales managers to improve the performance of the sales peopl e under their controls, broadly to meet the company objectives (Donaldson, 2007). Training and development for sales people in AccuClean are lacked due to several reasons. Any trainings or development relies on the management style and differs in every ASM.There is no formal training process since Carter believes that sales people learn best ‘on the job’. Indeed, there are many kinds of training, which includes individual on-the-job training as Carter’s opinion (Donaldson, 2007). However, good trainings can also be achieved through company-specific programs that are organized in a standardized and professional manner. The irregular and occasional training sessions, usually occur when introducing new products (currently in AccuClean), might lead to the lack of knowledge about products and new skill practices.As the merger of one cleaning chemicals and the other in cleaning machinery, training should have been taken at the early stage of the merger, in order to sup port sales people in both companies about the company objectives and targets, the knowledge of different and new products, competitors and their products, selling procedure and techniques (Jobber and Lancaster, 2006). 2. 4 Key account management Area sales teams are responsible for all accounts regardless their size and importance.The treatment for key accounts, medium-size accounts or small accounts is much dependent on each ASM’s view, its current mix of accounts in the area and experience. There are in fact 21 customers; each has accounts worth over ? 4 million. Those customers are important to our business and need to be prioritized as key accounts since the loss of even one of them would significantly cause a radical drop in sales and profits (Jobber and Lancaster, 2006). Key account management seems currently necessary, in order to serve our key customers with special treatment in all areas of marketing, administration, and service (Jobber and Lancaster, 2006).In additi on, key account management will help to develop a close relationship between our company as supplier and our customers, in order to enhance the communication and co-ordination between us, thus, create more in-depth penetration of DMU, which includes push and pull opportunities for buying decisions (Jobber and Lancaster, 2006). 2. 5 Sales team structure The sales territories of AccuClean, which are merely geographic based, have not been changed since the merger. Geographic structure is traditional and the most widely used type of sales organization in the UK.It has several advantages such as simplicity, shorter journey times, low travel costs, and less potential for conflicts over responsibility (Donaldson, 2007). However, geographic structure has some drawbacks, which might influence to the effectiveness of the sales team and its management. Examples of disadvantages are the need to sell full range, broad expertise needed, and overhead costs for more layers of management evolved (Do naldson, 2007). In order for the sales team to work more productively and better management, it is necessary to make some changes concerning our sales team structure (see Recommendations, section 4).The number of sales people in AccuClean is currently more than necessary, compared to the number of customers. Figure 1 illustrates the current sales people in each ASM as well as the actual needed sales people based on the number of customers in each area. Territory| Number of customers| Current number of sales people| Actual number of sales people| Spare sales people| Midlands| 1973| 26| 18| 8| South| 1545| 22| 14| 8| North| 1196| 16| 11| 5| Scotland/ North Ireland| 499| 7| 5| 2| UK total| 5264| 71| 47*| 24*|Figure 1: Number of Sales people (* approximate number) 1 2 Conclusion Five key issues that have been listed and analyzed above are low motivation and decreasing job satisfaction, informal recruitment and selection process, unstandardized and the lack of regular training, the lack of key account management, and the ineffective sales team structure. Those issues are the most urgent in AccuClean that need to be solved as soon as possible, in order to improve the sales team to work more effectively. Recommendations 4. 1 Change the reward systemBonus (monetary reward), which is the only form of reward using in AccuClean, shows its limitation, therefore, improving the bonus system is crucial. The starting point of 5% should be set lower and dependent on different products and accounts. There should also be other chances to get commission, which can be based on the annual sales revenue and profits. In addition to the monetary reward, AccuClean can apply many other types of rewards such as promotion or workload (based on Adam’s inequity theory, Jobber and Lancaster, 2006).Not all sales people highly value money; some of them might place higher value on promotion, responsibility or recognition. Thus, the variable of rewards will motivate different type of sale s people, in order to maximize the expectancy and value of reward (Vroom’s expectancy theory, Jobber and Lancaster, 2006). A study of sales force practices by Chartered Institute of Marketing showed that sales people are mostly motivated by individual meetings with supervisor to discuss career, job problems, etc. The second ranked motivating factors is ‘regular accompaniment in the field by the sales manager’ (Jobber and Lancaster, 2006).These methods of improving leadership style should be aware by ASMs and higher management. 4. 2 Set up the formal recruitment and selection process The formal recruitment process is proposed as below (according to Jobber and Lancaster, 2006, p. 384). Bias in selecting applicants should be minimized by carefully preparing job description and personal specification. Of course, the experience of employer should be used during the selection process. However, those five steps above should be strictly followed to avoid any mistakes dur ing recruitment. 4. Set up a standardized training Good training programs will help to equip our sales people with sufficient knowledge and skills. Besides, it plays as a motivation factor for sales people and positively influences the job satisfaction. 4. 3. 1 When should our company train our sales employees? According to Donaldson (2007, p. 208), the training should be held properly when: * New sales person is recruited * A sales person takes on a new territory * New products * New business, new market segments * Company new policies or procedure * Selling habits are poor or inappropriate An individual is being considered for promotion The sales techniques are very important to train all sales people in the organization (69% of North European firms providing sales techniques training). The market and customer knowledge is also essential in training (42% of firms providing this, based on Roman and Ruiz, 2003, cited in Donaldson, 2007). 4. 3. 2 Who should do the training? Sales tra iner can be senior managers (i. e. ASMs, GSM), technical specialists (from Production department), external specialists, or inside experienced sales people (i. e. from other ASMs).In many cases, training is more likely to be provided by inside company specialists, who not only have the best understanding about the organization and individual needs, but also can tailor training programs to suit both internal and on-the-job requirements (Donaldson, 2007). 4. 3. 3 Where should training be done? The training can be organized in internal single location (different ASMs), a centralized external location or a decentralized location (on the job). It depends on the purpose of training and variable factors to decide where to hold the training.Below is the nine possible options that are proposed by Donaldson (2007, p. 210). 4. 3. 4 What methods of training should be used? Lectures, films, role playing, case studies, or in-the-field training are options of training methods (Jobber and Lancaster , 2006). Each has its advantages and limitations. The point is how to use them properly for different training purposes, in order to achieve the best results and highest satisfaction of participants. 4. 4 Restructure the sales team with the new role of KAM New proposed sales team structure is presented in Figure 2 with two radical changes. ASM North and ASM Scotland will be combined into Regional Sales Manager of North and Scotland * Key Account Manager is added to our sales team structure as one independent function Figure 2: Sales Team Structure (proposed) The Regional Sales Managers are formed to ensure the number of sales people is interrelated to the number of customers in each region. The number of customers in the North and Scotland, which is 1196 and 499 respectively, is much fewer than the number of customers in Midlands and South (1973 and 1545 respectively).Therefore, it is appropriate to merge two ASMs North and Scotland together, in order to enhance the performance in t he broader area, and increase the influence on organization’s decision-making of sales people in the North and Scotland area. The Key Account Manager is added to be in charge of all key accounts in the whole UK. KAM’s responsibility is to manage all sales people, who are managing those key accounts in different regions. Moreover, KAM is also responsible for potential key accounts and complex DMUs. The communication and leadership style are crucially important to be successful in managing sales people in different areas.Monthly meeting can be organized and the advanced record system (computer based) should be built up to develop the whole sales team’s communication flows in long-term. This proposed sales team structure is based on all forms of selling simultaneously: KAM for very big accounts, general territory representatives (Regional Sales Managers) for the medium and small- sized accounts (Jobber and Lancaster, 2006). The number of sales people in AccuClean i s currently more than necessary, as calculation based on the current number of customers. In fact, it is difficult to get rid of 24 sales people at once, and should not be done in that way.AccuClean can evaluate sales people in the whole company by their performance, motivation and achievement in past years. In a period of 12 months, it is expected to dismiss six sales people. After two years, 12 sales people in total will be fired. AccuClean may attract more customers in the future and need more sales people; therefore, it is dependent on the situation at the time to decide how many more sales people have to leave. 4. 5 Action Plan 4. 6 Expected Outcomes Limitations The merger of two ASMs North and Scotland into one Regional Sales might cause problem in the span of control.The new RSM will manage 20-23 sales people, which might lead to the role ambiguity and lack of coaching and supervision. The Action Plan illustrates many tasks that need to complete in the first year, thus, it mi ght be very challenging in the first year for the new GSM. It is a tough decision to fire some sales people in the next two years. It might cause several problems within the sales team concerning rumours or miscommunication. Therefore, it is necessary to have a serious evaluation based on a formal checklist and consultancy from different people in the team.Furthermore, the training needs to be held at the beginning of the year, to inform the sales team about new changes, thus, reduce miscommunication. Bibliography CPSA (2012) Sales Manager Job description [Online]. Available from :< http://www. cpsa. com/pdf/src/tools/Sample%20Sales%20Manager%20Job%20Description. pdf> [Assessed 16 December 2012]. Donaldson, B. (2007) Sales Management. 3rd ed. NewYork: Palgrave MacMillan. Inc (2012) General Manager Job description [Online]. Available from :< http://www. inc. com/tools/general-manager-job-description. html> [Assessed 16 December 2012].JCT 600 (2012) General Sales Manager Job descripti on [Online]. Available from :< http://www. jct600. co. uk/data/cm/careers/1028. pdf> [Assessed 16 December 2012]. Jobber, D. And Lancaster, G. (2006) Selling and Sales Management. 7th ed. England: Pearson Education Limited. Myjobs (2012) Senior Sales Manager (Oil Machinery) [Online]. Available from :< http://myjobs. classifiedpost. com/index. php/Job-Search/ENGINEERING-GENERAL-BUSINESS-DEVELOPMENT-ACCOUNT-MANAGEMENT-Job-Description/SENIOR-SALES-MANAGER-OIL-MACHINERY/597925> [Assessed 16 December 2012]. Reed (2012) General Manager – Milton Keynes [Online].Available from :< http://www. reed. co. uk/jobs/general-manager-milton-keynes/22306659#/jobs/general-sales-manager-in-milton-keynes> [Assessed 16 December 2012]. Appendices 3 4 7. 1 The recruitment process 7. 2 Sales people calculation The Figure 1 calculation will be illustrated in details as below. Based on: Number of sales people = (Number of customers x Number of call pa) / (number of calls per day x Number of working day s per year) Suppose there are 225 work days per year, 12 times calling per customer per year (once a month) Each sales person supposes to make 40 calls per week, 10 of those are to be made to prospects.Therefore, each sales person has to make: (40-10)/5 = 6 calls per day. * Number of sales people in Midlands = (1973 x 12) / (6 x 225) = 18 * Number of sales people in South = (1545 x 12) / (6 x 225) = 14 * Number of sales people in North = (1196 x 12) / (6 x 225) = 11 * Number of sales people in Scotland/ North Ireland = (499 x 12) / (6 x 225) = 5

Playboy of the Western World

The Playboy of the Western World gains its title from the scene in which Christy can't be beaten in play at any of the village sports, hence he becomes the â€Å"playboy. † The phrase â€Å"of the Western World† leads the way into Synge's theme of Irish mythmaking, then still especially noticeable in unsophisticated peasant groups. With the inclusion of this phrase, the myth of the playboy encompasses the whole world. Mythmaking deviates from reality, as is made clear by the stretch of the title: Irish village game championship can't possibly trump an entire world of athletes. Synge isn't discussing a universal theme but rather exposing a particularly Irish theme, that of mythmaking. The play opened in January of 1907 at Yeats's Irish Literary Theatre to outraged indignation and riots but over the course of the twentieth century has gained ever greater currency among critics. Had Yeats not held a public debate on the concept of artistic freedom, The Playboy may have died an ignoble death. As it happens, though, the play has by later critics been called â€Å"the most rich and copious store of character since Shakespeare’’ (P. P. Howe) and a play â€Å"riotous with the quick rush of life, a tempest of the passions† (Charles A. Bennett). These seem to be the reasons that The Playboy of the Western World has current appeal. Whereas original audiences cared about morality and decorous representations of peoples and countries, the increasing and ever increasing reach for realism, ethnic diversity and authentic representations has brought The Playboy into vogue because it was the avant garde and the precursor of what is presently valued and sought after: unveiled realism. Incidentally, one might argue that this unveiled realism, which is the idol of the present milieu, has been carried so far that â€Å"realism† is now a fancy in that it is a reality beyond reality and that it carries such clout that it is creating new reality (of questionable benefit) in its wake, which is a divergent reality from the realism that Synge depicted after living with, studying and capturing in three acts the cultural and psychological realities on the Aran Islands, from which he derived The Playboy of the Western World.

Dwarf Elephant Facts and Figures

Dwarf Elephant Facts and Figures Name: Dwarf Elephant; genus names include Mammuthus, Elephas, and Stegodon. Habitat: Small islands of the Mediterranean Sea Historical Epoch: Pleistocene-Modern (2 million-10,000 years ago) Size and Weight: About six feet long and 500 pounds Diet: Plants Distinguishing Characteristics: Small size; long tusks About the Dwarf Elephant Few prehistoric mammals have been as baffling to paleontologists as the Dwarf Elephant, which didnt comprise just one genus of prehistoric elephant, but several: the various Dwarf Elephants that lived on various Mediterranean islands during the Pleistocene epoch were made up of stunted populations of Mammuthus (the genus that includes the Woolly Mammoth), Elephas (the genus that includes modern elephants), and Stegodon (an obscure genus that seems to have been an offshoot of Mammut, aka the Mastodon). Further complicating matters, its possible that these elephants were capable of interbreedingmeaning the Dwarf Elephants of Cyprus may have been 50 percent Mammuthus and 50 percent Stegodon, while those of Malta were a unique blend of all three genera. While the evolutionary relationships of Dwarf Elephants are a matter of dispute, the phenomenon of insular dwarfism is well understood. As soon as the first full-sized prehistoric elephants arrived on, lets say, the small island of Sardinia, their ancestors began evolving toward smaller sizes in response to limited natural resources (a colony of full-sized elephants eats thousands of pounds of food every day, much less so if the individuals are only one-tenth the size). The same phenomenon occurred with the dinosaurs of the Mesozoic Era; witness the shrimpy Magyarosaurus, which was only a fraction of the size of it continental titanosaur relatives. Adding to the mystery of the Dwarf Elephant, it hasnt yet been proved that the extinction of these 500-pound-beasts had anything to do with the early human settlement of the Mediterranean. However, there is a tantalizing theory that the skeletons of dwarf elephants were interpreted as Cyclopses (one-eyed monsters) by the early Greeks, who incorporated these long-gone beasts into their mythology thousands of years ago! (By the way, the Dwarf Elephant shouldnt be confused with the Pygmy Elephant, a smaller relative of African elephants that exists today in very limited numbers.)

Hyphenating More + Adjective

Hyphenating More + Adjective Hyphenating More + Adjective Hyphenating More + Adjective By Maeve Maddox A reader questions the standard advice that the adverb more should not be linked to an adjective by a hyphen: I find that most style guides do not favor hyphenating phrases starting with more (e.g., more honest). I find the following phrase in the manuscript that I am currently editing: â€Å"more explicit predictions.† This could mean predictions that are more explicit or more predictions that are explicit. From the context, I believe the author means the former. For clarity, shouldnt this be hyphenated as more-explicit predictions? Most style guides do advise against linking more to an adjective with a hyphen, but most also recognize that sometimes a hyphen may be necessary for clarity. For example, The Chicago Manual of Style prefers â€Å"a spare hyphenation style.† The guide provides numerous examples, but recognizes that writers will encounter punctuation puzzles for which they can find no examples or analogies. In that case, CMOS gives this common sense advice: if no suitable example or analogy can be found either in this section [7.85] or in the dictionary, hyphenate only if doing so will aid readability. Adding a hyphen is a quick solution, but not the only one. Another option is to rewrite the sentence with a qualifying clause: There is a need for predictions that are more explicit. The reader who posed the question rejects the clause solution as â€Å"rather stilted.† It does require more words, but calling it stilted is a matter of opinion. I see it as a practical solution. Another way to avoid ambiguity with more is to use a different word. Here are some synonyms for more: additional further added extra increased new other supplementary These words may or may not be appropriate substitutes for more in a specific context. Sometimes the only way to avoid ambiguity is to take the time to rethink the sentence. Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Style category, check our popular posts, or choose a related post below:20 Computer Terms You Should KnowFlier vs. Flyer5 Keys to Better Sentence Flow

Hobbes (15 88-1679) on the right to all Essay Example | Topics and Well Written Essays - 750 words

Hobbes (15 88-1679) on the right to all - Essay Example And therefore, as long as this natural right of every man to everything endureth, there can be no security to any man (how strong or wise so ever he be) of living out the time which nature ordinarily allowith men to live." (Leviathan, Chapter XIV). Hobbes supposes that liberty is a matter of political self-government. For Hobbes liberty and equality was connected with non-obstruction, and with some form of sell-mastery. Liberty and equality is described as that a personal reedom is a matter of the range of things a person may do without being stopped or punished by others. Hobbes supposes that "I find yet a greater equality amongst men than that of strength. For prudence is but experience, which equal time equally bestows on all men in those things they equally apply themselves unto (Leviathan, Chapter XIII). Someone who does not engage in elaborate calculations before acting may be said to be excessively irrational. Irrationality of value to the pursuit of self-interest is prudence, which is similarly a virtue that it is possible to have too much of. Each has the right to all because, according to Hobbes, there was nothing natural about the state; in the 'state of nature' men lived without law, without authority, and without any means of curbing one another's aggression. Each man is a self-governed and can do anything. In "Leviathan" Hobbes describes that it is irrational of anyone to lay down the means of his own preservation unless he can be sure others will do so too. The state of nature is also is the state of war which means absence of established agreement for peace. For Hobbes force is the main quality during war and people are foolish to expect anything better from foreign states. The state of nature is a social and developed state. It can be characterized as war of all against: "war...of every man, against every man" (Leviathan, Chapter XIV). Each will be an enemy to all the rest. Human beings as they were not equipped with speech, with reason, with a sense of time, with any morality; they were lonely. In the Chapter XIV Hobbes claims that there was one fundamental right of nature, and one equally fundamental law: the right was 'the Liberty each man hath, to use his own power, as he will himselfe, for the preservation of his own Nature', while the law was 'every man, ought to endeavour Peace, as farre as he has hope of obtaining it; and when he cannot obtain it... he may seek, and use, all helps, and advantages of Warre' (Leviathan, Chapter XIV). The concept of subjectivism is closely connected with individuality. Hobbes emphases qualitative variation among uniqueness, a conception of the cumulative and permanent, but not predetermined, development of larger contexts as a source for development, and an insistence on the irrationally founded subjective designs of historically particularized human actors as the principal plane upon which variation and development take place (subjectivism). Knowledge of the reality must be concrete and descriptive hermeneutic, It will avoid the search for universal natural laws, and it will recognize itself as an historical occurrence. Also subjectivism for Hobbes means obligations in individuality. Hobbes supposes that Irrationality can be predicated in the first instance of human beings and of human beliefs and actions. Absence of rationality is taken to warrant a diminution of legal

Advancements in Molecular Imaging Research Paper

Advancements in Molecular Imaging - Research Paper Example r imaging involves many processes, hence, it encompasses many fields; target discovery, cell biology, chemistry, disease modeling, data processing, imaging and clinical research. The field is undergoing a lot of advancements that would enable it perform other tasks. Currently, further research efforts have been concentrated towards ensuring that the technology can bring about discovery of newer and more efficient ways to treat diseases and various pathologies in living organisms. With emergency of new tools, researchers are now able to solve problems that were previously difficult to solve. There are now different various molecular imaging tools that have enabled scientists to experiment on gene products in vivo. Notable technological advancements in this field include the discovery of new optical imaging techniques which is a forward step in molecular imaging in that, researchers are now able to work efficiently and proficiently (Baldwin, 2010). Some latest advancement in molecular imaging includes MRI, PET and optical imaging. Pet has ensured that there is an improvement in tumor detection so that tumors are treated and managed early and better. New MRI systems that have been developed have an improved field strength and enhanced radiofrequency. Tumor detection and management has also been made moirà © efficient through the technology of monoclonal antibody imaging. This is one of the latest discoveries in the field, and it has ensured that researchers of tumors are able to come up with better ways of discovering and treating tumor cases. This has revolutionalised clinical diagnosis of tumors (Baldwin, 2010). This is also referred to as radioimmunoscintigraphy (RIS) and it involves the use of laboratory developed molecules (monoclonal antibodies) that are able to attach themselves to particular cancer cells. From this, it is possible to visualize the pictures of the cancer cells inside the body. The monoclonal antibody is usually labeled with a radioactive atom