Limited liability company Essays

Limited liability company Essays Limited liability company Paper Limited liability company Paper 1. Tortfeasor is the term for a person who commits a tort True 2. Proximate cause exists when injuries sustained were too remotely connected to an incident to trigger liability False 3. Bona fide competitive behavior can constitute wrongful interference with a contractual relationship False 4. An ordinary person standard determines whether allegedly negligent conduct resulted in a breach of a duty of care False 5. Hilliard, a clerk at a Games Unlimited store, takes a video player from the store without permission. Hilliard is liable for Conversion 6. Clem, a Delite Dairy salesperson, follows Edna, a salesperson for a Festive Foods, a Delite competitor, as Edna visits stores to make sales. Clem solicits each of edna’s customers. Clem is most likely liable for Wrongful interference with a business relationship 7. Levon leaves his truck at Makeright Vehicle Shop for repair. When Levon refuses to pay for the work, makeRight refuses to give him possession of the truck. Makeright has committed Trespass to personal property 8. A Rhode Island state imposes fines on tire repair business whose pneumatic equipment does not include automatic shut-off switches to protect employees. Bob’s Brakes Tires, Inc. , does not have the switches on its equipment. Center, a Bob’s employee, suffers an injury that a shut-off switch would have prevented. Carter’s best theory for recovery is Negligence per se 9. Under the theory of negligence, a breach of the duty of care requires a careless act False 10. Causation in fact exist if an injury would not have occurred without the defendant’s act True 11. A defense available in an action based on a negligence theory is that the plaintiff failed to prove one or more of the required elements True 12. An individual’s right to privacy includes the exclusive use of his or her likeness True 13. A superseding cause is an intervening event that imposes liability on a defendant for injuries caused by the intervening event False 14. Great Tans, Inc. , uses, in its radio ads, a recording by Holly, who owns the rights, without paying for the use. Over time, the song comes to be associated with great Tans. In Holly’s suit against Great Tans, the firm is most likely liable for Appropriation 15. In many states, the plaintiff’s negligence is a defense that may be raised in a negligence suit True. 16. Nesbit publishes in a newspaper an account of the sex life of Merinda, who is not a public figure. The information is true. This is most likely An invasion of privacy 17. Only a foreseeable intervening event can break the connection between a wrongful act and an injury to another False 18. Self-defense is a defense to a charge of assault True 19. An artisan’s lien is a defense to a charge of trespass to personal property True 20. A person assumes all risks associated with any activity in which he or she participates False 21. Strict liability is imposed based on fault False. 22. To avoid strict product liability, a manufacturer must make a product entirely safe for all users False 23. Green Glass Corporation makes glass bottles for food and beverage makers to package their products for wholesale distribution and retail sale. Liability may be imposed on Green Glass based on A manufacturing defect 24. Misrepresentation on a label is not enough to show an intent to induce the reliance of anyone who may use the product False 25. Horizon Corporation makes cell phones. Ginvera files a product liability suit against Horizon, alleging a design defect. Under the Restatement (third) of torts: products liability, in deciding whether to hold Horizon liable, the court may consider the reasonableness of An available alternative design 26. Toyoda company buys gas pedals and other parts from subcontractors and puts them in its vehicles without changing their composition. If the pedals of other parts are defective, strictly liable for any damage caused by the defects are Toyoda and the subcontractors 27. Farm Equip, Inc. , makes farming machinery. Gail discovers that her Farm Equip tractor is defective and sues the maker for product liability based on negligence. To win, Gail must show that Gail suffered an injury caused by the defect 28. Medic Equip, Inc. , makes medical devices. Naomi is injured while using a Medic pacemaker and sues the maker for a product liability based on strict liability. To win, Naomi must show that None of the choices 29. GR8 skates Company makes and sells a pair of skates to Homer. GR8 fails to exercise â€Å"due care† to make the skates safe, and homer is injured as a result. GR8 is most likely for Negligence 30. A manufacture’s duty of care does not extend to the inspection and testing of products bought to incorporate on the final product False 31. An action in strict product liability requires that the defendant fail to exercise reasonable care True 32. Stable Tool Company makes hedge trimmers. Troy is injured while using a Stable trimmer and uses the company for product liability based on negligence. To win, Troy must show that Stable did not use due care with respect to the trimmer 33. A seller must warn those who buy a product of harm that could result from the foreseeable misuse of the product True 34. The basis for applying strict liability is an intentional wrongful act False 35. Universal assembly company makes espresso machines and sells one to Vim through a misrepresentation on the label on which Vim relies and that results in an injury to Vim. Universal is most likely liable for Fraud 36. Rhiana is shopping in Seth’s Food Store when a bottle of truly Bubbly Cola explodes, injuring her. Rhiana files a suit against Truly Bubbly, from whom she can recover only if she can show that she Was injured due to a defect in the product 37. A person who keeps a domestic animal may be strictly liable for any harm that the animal inflicts True 38. Due care must be exercised in designing a product True 39. Sellers or lessors are liable only for products that are reasonably dangerous False 40. Ketchen Kutters Corporation (KKC) makes kitchen knives and other consumer products. KKC could be liable for a design defect if there is a foreseeable risk of harm posed by a product and There is a reasonable alternative design Chapter 15-16 1. The holder of an artisan’s lien can foreclosure and sell the property subject to the lien to satisfy the debt True 2. Tippi believes that she needs to obtain a discharge in bankruptcy through an individual’s repayment plan. This proceeding can be initiated by a filing of a petition by A debtor 3. Any â€Å"person† may be a debtor in a liquidation proceeding. False 4. Francie’s debt to Gage is past due. Gage brings a legal action against Francie to collect the debt. To ensure that a judgment in Gage’s favor will be collectable, Gage asks the court to order the seizure of Francie’s property. This is a request for A writ of attachment 5. Ping’s debt to Oak Furniture Warehouse is past due. Oak obtains a judgment against Ping, but Ping refuses to pay it. Oak asks the court for an order that directs the sheriff to seize ad sell any of Ping’s nonexempt real or personal property that is within the court’s geographic jurisdiction. This is a request for A writ of execution 6. Mary’s home is in a state that has a $30,000 homestead exemption. Mary defaults on a $60,000 debt that she owes to Nina. Mary’s home is sold at auction for $80,000. Refer to Fact Pattern 15-2B. If Nina recovers less than she is owed, she can realize the difference form Only nonexempt property that Mary owns 7. If a creditor obtains a judgment against a debtor an the debtor cannot or will not pay the judgment, the dispute is at an end False 8. Teona files a voluntary petition in bankruptcy for relief through a liquidation. Debts that will not be discharged include claims for Domestic-support obligations 9. If a debtor’s income is below the median income, there is a presumption of bankruptcy abuse False 10. Certain liquidation cases may be converted to repayment plan cases with the consent of the debtor True 11. To adjust debt an institute a repayment plan, Charlie-who is not a corporation, a partnership, or a family farmer or fisherman-may file a petition in bankruptcy for relief through A repayment plan 12. One of the primary effects of a discharge is to relieve the liability of a co-debtor False 13. In a repayment plan case, after the debtor has completed all payments, the court grant a discharge of all debts provided for by the plan True 14. Bartleby owns $5000 to Countryside Credit Union. As a prejudgment remedy to collect the debt, countryside could use Attachment 15. The content of a family-fisherman bankruptcy plan is basically the same as that of a repayment plan True 16. Hasty Pastries declares bankruptcy, idling Hasty’s delivery vehicles. The court can compel Hasty to make periodic cash payments to a creditor with a secured interest in the vehicles to offset the depreciation in their value. This is The adequate protection doctrine 17. Wilbur files a petition in bankruptcy for relief through an individual’s repayment plan. Wilbur is granted a discharge. Debts that will not be discharged include claims for Fraudulently incurred debt 18. Personal property that is most often exempt from satisfaction of judgment debts does not include livestock False 19. Flip’s debt to George is past due. George brings a legal action against Flip to collect the debt. George asks the court to order Home Bank, in which Flip has an account, to pay a portion of the funds to George. This is a request for An order of garnishment 20. Each state permits a debtor to retain the family home, in its entirely or in part, free from the claims of unsecured creditors True 21. A lender’s failure to comply with federal mortgage disclosure requirements extends the borrower’s right to rescind the loan to no more than seven days False 22. A deficiency judgment requires a borrower to pay the amount of debt remaining after the collateral is sold True 23. A subprime mortgage is a loan made to a borrower who does not qualify for a standard mortgage True 24. Great Plain Bank provides a loan to enable Helene to buy a real property. This loan is A mortgage 25. The average prime offer rate is the rate offered to the least qualified borrower as established by a survey of potential borrowers False 26. Rita borrowers $30,000 from South State Credit Union, South State accepts Rita’s equity in her home as collateral, which can be seized if the loan is not repaid on time. This is A home equity loan 27. Money mortgage Mart makes a short-term loan to Natalie to allow her to make a down payment on a new home before selling her current home. This is A bridge loan  28. Under a deed in lieu of foreclosure, the property is coveyed to the lender in satisfaction of the mortgage True 29. Shade Tree Lending Corporation advertises loans as foxed-rate loans but, in fact, their rates or payment amounts will change. This is A violation of the law 30. Duran applies to EZ Credit Mortgage Company for $100,000 to buy a home. Ez Credit steers Duran toward an adjustable-rate mortgage even though he qualifies for a fixed-rate mortgage. This is Steering and targeting 31. Agnes borrowers $110,000 from Bay Harbor Bank to buy a home under a mortgage with an acceleration clause. After eighteen payments, Agnes stops making payments on the mortgage. Bay Harbor Can foreclosure on the entire amount of the loan 32. Property Financial Corporation makes loans that qualify, under a Federal Reserve Board amendment to Regulation Z, as Higher-Priced Mortgage Loans (HPMLs), Quinn applies to property Financial for an HPML. To make the loan, the lender must Verify the borrower’s ability to repay the loan 33. A recession is a written instrument that gives a creditor an interest in real property being acquired by a debtor as security for the debt’s payment False 34. Hill Dale Credit Corporation makes mortgage loan to consumers secured by their principal homes. For a Hill Dale loan to qualify as a Higher-Priced Mortgage Loan (HPML), its annual percentage rate must exceed, by a certain amount The average prime offer rate for a comparable transaction 35. Borrowers are required to recite the terms of their loans in clear, readily understandable language so that the lenders can make rational choices False 36. Federal law encourages private lenders to modify mortgages so as to lower the monthly payments of borrowers who are in default True 37. Northeast Bank makes mortgage loans to consumers, including Mai, to buy homes. Refer to Fact Pattern 16-18. Under Federal Law, disclosures with respect to one of Northeast’s loans must be provided A certain number of days before the loan is finalized 38. The loan that a lender provides to enable a borrower to purchase real property is a mortgage True 39. Kenton borrowers $150,000 from Liberty Home Finance Corporation to buy a home. Federal law concerns primarily What must be disclosed with respect to a mortgage 40. Laurel borrows $150,000 from Marketplace Mortgage Loans to buy a home. The financing documents require Laurel to maintain the property, obtain homeowners’ insurance, and pay all property taxes and other assessment through the lender. With respect to these terms, a court is most likely to Enforce them CHAPTER 17-18 1. Some states require franchisors to provide presale disclosures to prospective franchisees True 2. In a general partnership, the acts of one partner in the ordinary course of business subjects the other partners to personal liability True 3. A franchise is a contractual arrangement True 4. A franchisor can set the retail prices for the goods that a franchisee sells False 5. Property acquired by the partnership is the property of the partners individually False 6. The parties to a franchise arrangement may be two corporations True 7. Typically, the franchisee determines the territory to be served by the franchise False 8. Echo enters into an agreement with Deep Pan Pies, Inc. , to operate a franchise in Centre City. Later, Deep grants franchises to others within the city. Echo files a suit to close them. If the court rules Echo’s favor it will most likely be on the ground that Deep violated the implied covenant of good faith and fair dealing 9. A franchise contract may use only type of business organization-the sole proprietorship False 10. A partnership agreement can include almost any terms that the partners wish True 11. Savannah and Rex agree while taking on the phone to form a partnership to deal in sales of natural gas. Their partnership agreement is legally binding Only if the agreement is reduced to writing 12. Trina and Uri do business as value Gems. In acting on the firm’s behalf in a deal with World Diamond Exchange, Trina recklessly exceeds what value Gems can afford to pay, causing damage to the firm. Trina is Liable for breach of the duty of care  13. A sole proprietor has unlimited liability for all obligations that arise in doing business True 14. A partner who pursues his or her own interest automatically violates the partner’s fiduciary duties to the partnership False 15. Laws governing franchising are designed in part to prevent franchisors from terminating franchises without good cause True 16. Noah and Orin do business as Personnel Partners. In most states, for purposes of suing and being sued, Personnel Partners would be treated as An entity 17. Good faith and fair dealing are important in terminating a franchise relationship True 18. Cluckee Chick’n Corporation provides its prospective franchisees with projected earnings figures based on actual data. Cluckee Chick’n must also disclose The number and percentage of franchisees that achieved the figures 19. On a partner’s dissociation, his or her duty of loyalty to the partnership ends True 20. A franchise agreement between software Company and Games, Inc. , is silent on a time for termination of the franchise. Software may Terminate on reasonable notice 21. Genetic Innovations, LP, is a limited partnership. The partners sign an agreement purporting to state how the firm’s profits and losses are to be divided. The profits and losses of the firm will be divided According to the agreement 22. Mit-E Mart LLC was formed in New Jersey. Mit-E Mart’s members are Odel, who is a citizen of New Jersey, and Pola, who is a citizen of New York. For federal diversity jurisdictional purposes, Mit-E is a citizen of New Jersey and New York 23. If there is not limited liability company (LLC) agreement covering a topic dispute, the state LLC statute will govern the outcome True 24. In a limited partnership, a general partner’s dissociation from the firm may lead to dissolution True 25. CPA Accounting, LLC, is a limited liability company. If the law in CPA’s state is like the law in most states, unless the members have agreed otherwise, participants in the firm’s management will be considered to include All members 26. State law governs the formation of a limited partnership True 27. For federal income tax purpose, one-member limited liability companies are automatically taxed as sole proprietorships True 28. A limited partner who gives a general partner advice on matters relating to the management of the partnership cannot be liable as a general partner False 29. A limited liability company must be managed by non-member managers False 30. Limited liability companies (LLC) are governed by a federal LLC statute False 31. A limited liability company as an entity is not liable for the wrongful act or omissions of its members False 32. Fern and Gray want to form a limited partnership to manage two restaurants: Cafe Latte and Deli Delite. In most states, a limited partnership will be created when A certificate of limited partnership is filed 33. Some states have passed laws prohibiting the withdrawal of general partners form a limited partnership True 34. A limited liability company is not a citizen if any state False 35. In a limited liability partnership, the liability of a general partner is the same as the liability of a limited partner True 36. Vasil is considering forms of business organization for Vasili’s Designs an architectural firm. An advantage of a limited liability partnership is that partners may be able to avoid personal liability for Any partnership obligation 37. In a limited partnership, limited partners have essentially the same right as a general partners to participate in management False 38. A limited liability partnership allows its partners to avoid personal liability for the malpractice of other partners True  39. Location! Realty LLC is a limited liability company. Like other LLCs for federal jurisdictional purposes. Location! Realty is most likely a citizen of Every state in which its members are citizens 40. Bee Hive Honey, LLC’s members include Chad. For purposes of suing and being sued. Bee Hive Honey is A legal entity apart from the owners CHAPTER 19 1. Sophie and Tiny incorporate their beverage-container business as U-Twist Products, Inc. The first board of directors may be appointed by the firm’s Incorporators 2. Shareholders’ meetings need not occur at any certain interval False  3. A director or officer is not liable to the corporation for a bad business decision True 4. Skyla and Terry want to form and do business as Unbound Games Corporation. Most statutes governing the formation and use of corporations are guided by The Revised Model Business Corporation Act 5. The first step in the incorporation process is to select a state in which to operate True 6. Express power of a corporation are found in its articles of incorporation True 7. Felicity and Gideon want to form and do business as Home Healthcare Corporation. A corporation is An artificial person 8. A corporation is a legal entity created and recognized by federal law False 9. Clark is a shareholder of Bedrest Mattress Company. Clark will be deemed to have a fiduciary duty to Bedrest and its minority shareholders if he has A sufficient number of shares to exercise de facto control 10. The primary document needed to incorporate a business is the articles of incorporations True 11. Before shareholders can bring a derivative suit, they must submit a written demand to the corporation, asking the board of directors to take action True 12. Officers hire the directors and other executive employees False 13. Frida and Gregor want to market a new line of fishing gear. To avoid income taxes at the corporate level, they should form An S corporation 14. Viola is a director of Water Pure Corporation. With respect to Water Pure, Viola’s most important right is the right of Participation 15. Directors are entitled to use confidential corporate information for their personal advantage False 16. Each incorporator must have an interest in the incorporation False 17. Niki owns O. K. Oil Corporation. Niki uses O. K’s funds to pay her personal expenses, creates Pure Fuel Corporation to engage in the same business as O. K. , transfers O.K. , assets to Pure Fuel, and petitions O. K. into bankruptcy. This most likely warrants A pierce of O. K. ’s corporate veil 18. Like the bylaws of the other corporations, the bylaws of Farmland Equipment, Inc. , Were adopted at its first organizational meeting 19. Bret and Courtney from Delite Day Care, Inc. ultimate responsibility for policy decisions necessary to the management of corporate affairs rests with Delite’s Board of directors 20. Hailey and Ike hold the first organizational meeting of Java Drive-in Corporation. Probably the most important function of this meeting is Adopting Java’s bylaws 21. Dhani, an accountant for Eureka, Inc. learns of undisclosed company plans to market a new laptop. Dhani buys 1,000 shares of Eureka stock. He reveals the company plans to Fay, who buys 500 shares. Fay tells Geoff, who tells Hu, each of whom buy 100 shares. They knows that Fay got her information from Dhani. When Eureka publicly announces its new laptop, Dhani, Fay, Geoff, and Hu sell their stock for a profit Liable for insider trading 22. Start-up Enterprises, Inc. , completes its registration process and begins advertising the availability of its new issue of securities. Start-up places a tombstone ad in the financial papers. This as tells prospective investors Where to obtain a prospectus 23. Hometown Shops Retail Company has assets of less than $10 million and fewer than five hundred shareholders. Interstate Outlets, Inc. , has assets of more than $10 million and more than five hundred shareholders. The Securities Exchange Act of 1934 applies to Hometown Shops and Interstate Outlets 24. Maple Products Corporation is a public company, which New Hampshire regulates and in which Orin invests. The Sarbanes-Oxley Act of 2002 introduced direct federal corporate governance requirements to Public companies 25. â€Å"Forward-looking† financial forecast are protected against liability for securities fraud True 26. Sid, a director of Tech Software Company, learns that a Tech engineer has developed â€Å"Ur Call†, a new, exciting video game. Sid buys Tech stock and tells his friend Velma, who also buys Tech stock. When the new game is released three weeks later, Sid and Velma sell their stock for a big profit. Refer to Fact Pattern 29-1B. under SEC Rule l0b-5, Sid would not be liable if he had waited to buy Tech stock until After the public release of the game 27. Nouveau Riche Corporation, and its officers, directors, and shareholders, buy and sell securities. SEC Rule 10b-5 applies to The purchase or sale of any security 28. Catalina promises high returns to Darby and other investors, who then agree to trust their funds to Catalina. She uses these funds to pay previous investors. This is A Ponzi scheme 29. Corner Cafe Company offers its stock for sale only in a single state. The law in Corner’s state is like the law in most states. Corner’s offer is subject to state securities statutes that include Antifraud and disclosure provisions 30. Begin Anew Enterprise, Inc. , completes its registration process and issues a free-writing prospectus. This tells prospective investors That they may obtain the prospectus at the SEC’s Web Site 31. Under the Sarbanes-Oxley Act of 2002, chief executive officers no longer need to certify the accuracy of information in corporate financial statements False 32. Dave, an accountant, does not work for Emergent Company, but wrongfully obtains inside information concerning Emergent. Based on the information, Dave buys and sells Emergent stock for personal gain. The Securities and Exchange Commission prosecutes Dave, arguing that he is liable because he stole information rightfully belonging to another. This argument is The misappropriation theory 33. Heavy Hauling, Inc. , is a public company whose shares are traded in the public securities markets. Under the Sarbanes-Oxley Act of 2002, to ensure that Heavy Hauling’s financial results are accurate and timely, the firm’s senior officers must set up and maintain Internal â€Å"disclosure controls and procedures† 34. The Securities an Exchange Commission can seek sanctions against those who violate foreign securities laws True 35. Frothy Beverage Corporation is a public company whose shares are traded in the public securities markets. Under the Securities Act of 1933, Frothy is required to Disclose financial and other information about its securities 36. Most securities can not be resold without registration False 37. Lex, a salesperson for Macro Corporation, learns that Macro will increase the dividend it pays to shareholders. Lex buys 1,000 shares of Macro stock. When the price increases, Lex sells his shares for a profit. Lex would not be liable for insider trading if the information about the dividend was Public before he bought the stock 38. Accredited investors included banks, but not investment companies False 39. Securities must be registered under the Securities Act of 1933 for the Securities Exchange Act of 1934 to apply False 40. Players Video Game Centers, Inc. , wants to issue stock of $1 million in a single offering. Players must provide all investors with material information about itself, its business, and its securities if Any investors are unaccredited CHAPTER 20 AND 22 1. Bud approves on behalf of Cody-but without authorization-a contract with devon to build a new silo. Cody does not ratify the contract. Later, Devon tries to enforce the deal. This attempt will be Totally unsuccessful. 2. Prospective enterprises (PE) employs Quinn to buy property for a possible commercial development. Quinn secretly buys some of the property and sells it to PE at a profit. Quinn has breached The duty of loyalty 3. A principal owns his or her agent a duty to act in good faith True 4. A principal is exposed to tort liability whenever a third person sustains a loss due to an agent’s misrepresentation True 5. Independent contractors have no control over the details of their work performance False 6. Apparent authority arises from what the principal makes clear to the agent False. 7. Apparent authority usually comes into existence through a principal’s pattern of conduct over time True 8. Chelsea, an agent for Bountiful Seafood, Inc. , has often done business with Alvin’s Dockside Diner on Bountiful’s behalf. When Chelsea and Bountiful terminate their agency, to avoid liability for later deals, Alvin’s must be notified by Bountiful only 9. Rangle contracts with Siena to buy a certain horse for her. Rangler makes a deal with Timberline Stables, the owner of the horse, and makes a down payment. Siena fails to pay the rest of the price. Timberline sues Rangler for breach of contract. His right to hold Siena liable for any damages that he has to pay is the right of Indemnification 10. Meals n’More, Inc. , a catering company, requires its customers to pay by check. Lyra, a Meals n’More driver, tells customers that they can pay her with cash. When Meals n’More learns of Lyra’s collections, it takes no action to stop it. Lyra steals some of the cash. Meals n’More may suffer the loss under the doctrine of Apparent authority 11. An agent has the right to perform agency duties without interference by the principal True 12. All agency relationships are based on contract False 13. An agent has a duty to follow all clearly stated instructions of the principal, lawful or not False 14. Maya and Noel work at OpenFlo Plumbing Supply. Maya is a plumbing engineer who works with OpenFlo clients on residential plumbing and field draining and irrigation projects. OpenFlo closely supervises all of its engineers, and dictates their work schedules. Noel works part-time in the evenings cleaning the offices and warehouse. Refer to Fact Patern 20-1A. Maya is OpenFlo’s Employee and agent 15. Glen is an agent for Hi-Flite, Inc. On Hi-Flite behalf and its request. Glen pays lan for certain plane maintenance and repair services. Glen’s right to obtain the amount of those payments from Hi-Flite arises under the principal’s duty of Reimbursement 16. Fabulous Auto Sales, Inc. , employs GR8 Collection Company as a collection agency. While repossessing a car from Hadji, one of Fabulous customers, GR8 causes an accident in which Hadji is injured. Hadji can recover from Fabulous or GR8 17. When an agency relationship is terminated, the principal has a duty to personally notify third parties who knew of its existence False. 18. Louis, certified public accountant and an investor, and Maria, an insurance salesperson and a realtor, may create an agency relationship for A legal purpose only 19. An independent contractor may not act in the capacity of an agent False 20. Picabo drives a truck as an employee for Quick Delivery. Inc. , Picabo would most likely be considered acting outside the scope of their employment if she Crashed into a car at the airport while off duty 21. Employers who do not accommodate the needs of persons with disabilities must demonstrate that the accommodations would cause undue hardship True. 22. United Company replaces Vera, a forty-five-year-old employee, with Wendy. Vera files a suit against United under the Age Discrimination in Employment Act of 1967. To establish a prima facie case, Vera must show, among other things, that she is Qualified for the position 23. Constructive discharge is a theory that plaintiffs can use to establish any type of discrimination claims under the Civil Rights Act of 1964 True 24. State employers are not immune from private suits brought by the employees under the Americans with Disabilities Act of 1990 False 25. The civil rights Act of 1964 does not protect against reverse discrimination False 26. Dakota believes that Credit Services Corporation (CSC) has discriminated against her on the basis of gender. She files a suit against CSC under the Civil Rights Act of 1964. To establish a prima facie case of employment discrimination, Dakota must show that She is a member of a protected class 27. Pikabo files an employment discrimination suit against Quantitative Analysis, Inc. , under the Civil Rights Act of 1964, based on its discharge of Pikabo. Possible relief includes Reinstatement. 28. Under the age Discrimination in Employment Act of 1967, a plaintiff must prove that he or she was replaced by a person â€Å"outside the protected class† False 29. Maria, an employee of Nickel Tool Company, files a sexual-harassment suit against Owen, her supervisor. Maria wins. Nickel may also be liable if it had effective harassment polices and complaint procedures, and Maria followed them 30. Under the Age Discrimination in Employment Act of 1967, the plaintiff needs to show only that the employer was motivated in part by unlawful discrimination False 31. If a job applicant or an employee with a disability, with a reasonable accommodation, can perform essential job functions, the employer must make the accommodation True 32. The American with Disabilities Act of 1990 defines persons with disabilities as persons with physical as persons with physical or mental impairments that â€Å"substantially limit† their everyday activities True 33. Dick works for first City Bank. When his spouse Eline is diagnosed with Lou Gehrig’s disease, Dick asks to take temporary leave to care for her.

Fizzy Sherbet Powder Candy Recipe

Fizzy Sherbet Powder Candy Recipe Sherbet powder is a sweet powder that fizzes on the tongue. Its also called sherbet soda, kali, or keli. The usual way to eat it is to dip a finger, lollipop, or licorice whip into the powder. If you live in the right part of the world, you can purchase Dip Dab sherbet powder in a store or online. Its also super easy to make yourself, plus its an educational science project. Ingredients 6 teaspoons citric acid powder or crystals3 tablespoons sodium bicarbonate (baking soda)4 tablespoons (or more, adjust to taste) icing sugar or sweetened powdered drink mix (e.g., Kool-Aid) Substitutions: There are several possible ingredient substitutions that will produce fizzy carbon dioxide bubbles. You can mix-and-match citric acid, tartaric acid, or malic acid for the acidic ingredient.You can use sodium bicarbonate (baking soda), baking powder, sodium carbonate (washing soda), and/or magnesium carbonate as the basic ingredient.The sugar or flavoring is up to you, but its worth knowing most flavored drink mixes contain an acidic ingredient, so if you cant find any of the acids, you can simply combine a flavored drink mix that contains one of the acidic ingredients with any of the basic ingredients.  The ratio of the ingredients is not critical. You can adjust the recipe to add more sugar, a sugar substitute, or a different amount of acidic and basic ingredients. Some recipes call for a 1:1 mix of acidic and basic components, for example. Make Fizzy Sherbet If your citric acid comes as large crystals rather than as a powder, you may wish to crush it with a spoon.Mix together these ingredients.Store sherbet powder in a sealed plastic bag until youre ready to use it. Exposure to moisture starts the reaction between the dry ingredients, so if the powder gets damp before you eat it, it wont fizz.You can eat it as-is, dip a lollipop or licorice into it, or add the powder to water or lemonade to make it fizz. How Sherbet Powder Fizzes The reaction that makes sherbet powder fizz is a variation of the baking soda and vinegar chemical reaction used to make the classic chemical volcano. The fizzy lava in the baking soda volcano forms from the chemical reaction between sodium bicarbonate (baking soda) and acetic acid (in vinegar). In fizzy sherbet, sodium bicarbonate reacts with a different weak acid citric acid. The reaction between the base and the acid produces carbon dioxide gas bubbles. These bubbles are the fizz in sherbet.   While the baking soda and citric acid react slightly in the powder from the natural humidity in the air, exposure to water in saliva allows the two chemicals to react much more easily, so much more carbon dioxide fizz is released when the powder gets damp.

Critical Thinking Essay Example | Topics and Well Written Essays - 1500 words - 1

Critical Thinking - Essay Example verall there are various arguments placed suggesting the use of various important methods of rhetoric and language however the use of language is not appropriate at some place as Williams sometimes provide unilateral treatment to the issues. The first paragraph of the easy is very confusing in nature as Williams has tried to make a connection between the inefficiencies in governance with the money of the Tax payers. Further there is also a contrast in the argument when he mentions the secrecy provision which do not seem to be in continuation with the earlier sentences in the paragraph. The use of the word Political neglect in the subsequent paragraph points towards a general climate in the country where political rights of the individuals are completely neglected. This is unfair in the sense that it provides a very extremist view against the performance of the past Australian governments and almost unilaterally declares past Australian Governments as failure. The next stage of the paper is contrasting with the arguments made in the later part of the article. Williams do not seem to support its claims made in earlier part of the essay with that of being made in the later part. Williams use the word â€Å"rare opportunity to tackle them head on† suggests Author’s complete ignorance of the historical evolution of Australia. This also suggests that Williams is trying to stamp his conclusion in the article in earlier part of the paper. Being a scholar of high repute therefore does not necessarily means that the Williams is an authority in making conclusions based on pure use of guess work. In the next stage of his article Williams use the word â€Å"Stark Choice† which in itself an indication of the totality of his argument and suggest the use of language in the most of the part of the article as concluding in nature. Similarly in the following paragraph Williams make a contrasting argument that local government should remain in Australia. This is again a deviation

The Essential Business Contracts Assignment Example | Topics and Well Written Essays - 250 words

The Essential Business Contracts - Assignment Example This leaves all the rights to the software fully on the contractor’s hands. This includes the patent. ITI Inc., therefore, needs to seek permission from the copyright holder. The product is also military weapons software; the laws on national security thus also bind it. Â  A termination for default is when a government has the right to terminate a contract due to a failure of poor performance of contractual terms (Stim, 2010). Termination of convenience involves prices agreed upon in the contract. A termination of convenience is preferred in this case, as it will create a greater platform for discussion. Â  Mr. Reliford may protest the termination. However, if the contract does not give him any right to he may only consent for a reinstating. Otherwise, the period he has worked is only moral and not bound by law. Reinstatement will only be done if it is in the best interest of the government. Â  Lieutenant Ace Ventura has been called back to active duty. This means that he is still a member of the navy and still works for the United States. If he is to ask for a job, he should notify his current employer of his endeavors or ask his potential employer to withhold his job interest until he has communicated it himself.

Womens Political Participation in Afghanistan Essay Example for Free

Womens Political Participation in Afghanistan Essay â€Å"As a global trend, rising number of women in politics will indicate that human beings are making progress towards a more humane world-not because women are necessarily more humane than men, but because any society that categorically excludes half of its members from the process by which it rules itself will be ruled in a way that is less than fully human† Kathlene Introduction The world over women are struggling to break the shackles that bind them challenging the unequal distribution of power in society. Transforming the existing in egalitarian pattern of gender relationships necessitates leadership in the state, markets and civil society- the key centers of power in the present globalizing economy. It is, therefore, imperative for women to be in the corridors of power and have the power to negotiate a better deal for themselves, if they are to influence policy decisions which have an impact upon them. Empowerment of women in all spheres, in particular the political sphere is crucial for their advancement and foundation of a gender-equal society. It is central to the achievement of the goals of equality, development and peace. Women’s political empowerment is premised on â€Å"three fundamental and non-negotiable principles: a) the equality between women and men; b) women’s rights to self representation and self determination.†(1) In empowerment, the key indeed is ‘power’; it is power to ‘access, ‘control’ and make ‘informed choices’. According to the Jakarta declaration â€Å"empowerment of women is not only an equity consideration, it was also a necessary precondition for sustainable economic and social development. Involvement of women in the political arena and in decision-making roles in an important tool for empowerment as well as monitoring standards of political performance.† (2)The application of the philosophical underpinnings of Jakarta Declaration are necessary ,because in the countries where women have gained near equal representation such as in Scandinavian countries, they have begun to alter the very nature of politics. Women are, however, virtually invisible in the political sphere. The notions of a distinct public/political sphere have been used to legitimize the exclusion of women from the public sphere. Under-representation or invisibility of women in decision-making reinforces their deprivation, leading to an unequal distribution of resources, neglect of their interests, needs, perspectives and priorities and no say in policy making. Their voices fall on deaf ears, and as Alida Brill vehemently insists, â€Å"without our own voices being heard inside the government arenas and halls of public policy and debate, we are without the right of accountability _ a basic entitlement of those who are governed â€Å".(3) To effectuate feminization of politics a critical mass of women in the decision-making bodies is yet to emerge. The substantial gains made by the women’s movement over the decades, are not adequately reflected in representation of women in positions of power. The 30 percent target of women’s representation fixed by the Economic and Social Council is not included in the International Development Targets. (4) The world average of women in legislative bodies continues to be merely 12-13 percent; only a few countries have 30 percent or more women in decision-making posts. (5) According to the United Nations Division for the advancement of women (UNDAW), Fact sheet on women in government of 1996, the percentage of women in both ministerial and sub-ministerial levels ranges from 0 percent (in about 15 countries, to 30 percent in 2 countries. 15 countries had 0 percent of women in governmental positions in 1996, out of which 8 were Arab countries. According to the Inter-Parliamentary Union (IPU) statistics, from 1945 to 1995, the percentage of women MPs worldwide has increases four-fold. Their latest statistics indicate that, in 2000, the world average of women in parliaments (both houses combined) is 13.8 percent. The regional variations, however, are significant. The highest percentage of women in parliaments in the Nordic countries at 38.8 percent, followed by Europe (including the Nordic countries) at 16.0 percent, Americas at 15.5 percent, Asia at 15.0, Europe OSCE member countries (excluding the Nordic countries) at 14.1 percent, Sub-Saharan Africa at 11.6 percent, Pacific at 8.3 percent and the lowest in the Arab states at 3.3 percent. (6) Among the individual countries Sweden ranks first with 44.7%percent of women in Parliament, followed by Denmark at 39.1%percent and Finland at 36.5 percent. Afghanistan ranks 37 With mere a 27.7% Percent of women in parliament. It is noteworthy that at least 9 states including Kuwait and United Arab Emirates have no women in Parliament. Given this factual background , there is a need for examining the existing power structures, the extent of women’s participation in the political process and suggest measures to increase the ‘critical mass’ or the member of women in politics, thereby paving the way for transformative politics. The issue is vast and to attempt to compress it within the confines of one paper is like putting an ocean into a jar. The present paper attempts to identify some of the key issues relating to women’s political empowerment, thereby helping to clarify and advance the debate. There are no claims here to produce an exhaustive analysis. The paper, keeping in view editorial guidelines, is structures along the following lines: * A review of international actions for women’s empowerment * A n overview of national efforts * Analyze the challenges faced by women in attaining de facto equality in Afghanistan * Identify future steps to enhance women’s political participation International Initiative for women’s empowerment The question of women’s political participation is now on the international agenda, and permeating many regional and national plans of action. Much hope has been invested in the United Nations and it has consistently been the engine for keeping the gender issues on political rights of women in 1952.Since 1975 four international conferences on women have been held under its auspices; all the conferences have emphasized women’s political empowerment as a key concern. (7) The issue of women’s political empowerment, while attracting considerable attention earlier, actually came to the forefront of the global debate for women’s rights at the time of Fourth World Conference on women held at Beijing in 1995.Henceforth, the issue continued to hold centre-stage of all discussions on gender justice and equality. Women’s equal access to, and full participation in decision- making was emphasized in the platform for action, as one of the critical areas of concer n. It unequivocally declared, â€Å"Women’s equal participation in political life plays a pivotal role in the general process of the advancement of women. women’s equal participation in decision-making is not only a demand for simple justice or democracy but can also be seen as a necessary condition for women’s interests to be taken into the account† .(8) A detailed set of recommendations were issued therein to all governmental and non-governmental communities, nationally and internationally , to enhance women’s political participation and decision-making.it recommended governmental commitment to gender balance in all spheres, reform of electoral systems, monitoring and evaluation of progress in women’s representation, revamping of party structures to remove barriers to women’s political participation, incorporation of gender issues and initiatives in the agenda of political parties, affirmative action, create or strengthen mechanisms to monitor women’s access to senior levels of decision-making among others. (9) it affirmed that women should have at least a 30 percent share of decision-making positions. However, recommendations are exactly that; they rarely, if ever, can be enforced with full authority and extent of law. Women’s political participation was equally focused upon at the Asia Pacific Regional NGO Symposium (1999) held in Thailand on the theme ‘Asia Pacific Women 2000: Gender Equality Development and Peace for the Twenty-first Century† too focused on women’s political participation as one of the critical areas of concern recognized in BPFA. It noted the gains but recognized that power structures continue to be dominated by men; women’s representation continues to be low and recommended that timeframes be set and monitors to meet assigned quotas on women’s representation in politics. Women’s Environment and Development Organization (WEDO) has launched a campaign for 50-50, that is, equal representation. This brief review reveals that women’s political empowerment is at the centre-stage of all discourse on women’s issues at the international level. Corresponding to the international efforts, various initiatives have been/ are being taken for the purpose at the national level too. Women political empowerment in Afghanistan The status of women in Afghanistan has been of deep concern since they were stripped of their fundamental rights under Taliban rule. Today, The Asia Foundation works to promote opportunities for Afghan girls and women through collaboration with a broad range of local partners, including government agencies and influential non-state actors, including civil society, and tribal and religious leaders. The Foundation provides growing support for girls to access education and programs that increase women’s economic participation and access to justice. The Foundation is helping build the capacity of the Ministry of Women’s Affairs to be an effective advocate for policy reform and provision of services to women. Although Afghan women still face significant challenges, there have been some notable achievements, including a national constitution that guarantees women’s equal rights, the adoption of the National Plan of Advancement of Women of Afghanistan 2008-2018, and the growth of civil society organizations working to advance women’s rights and deliver much-needed services for women. There has also been significant progress in getting girls, who were banned from attending school under the Taliban, enrolled in public schools. Today, more than two million girls attend school, representing 35 percent of the total K-12 student population, and women’s university enrollment is also increasing. Four hundred women contested the 2010 parliamentary elections and for the first time, women served as election observers in all 34 provinces in Afghanistan. According to Women’s â€Å"Empowerment† in Post Conflict Afghanistan, After decades of war, among the many challenges of post-war reconstruction in Afghanistan, is women’s â€Å"empowerment†. But what does â€Å"Empowerment† mean? â€Å"Empowerment† is a very dynamic and context dependent concept. It can be conceived on different levels and domains, as debated by different development agents and feminists (Afshar, 1998). However, in feminist discourse, â€Å"power† is de fined in a more relational form. It is not defined in isolation but in consideration of the role and relationship of women with women, men and the wider community. The emphasis is not on the â€Å"power over†, as observed by Rowland (1998), which is a more traditional interpretation of â€Å"empowerment†. Rowland reflects on different interpretations of â€Å"power†, with the most possible different connotations, which change the terms of women’s â€Å"empowerment† out of its usual interpretation of being threatening to the power of the opposite sex. Some of the other interpretations, instead of â€Å"power over†, that she uses are: â€Å"power with†; â€Å"power to†; and â€Å"power within†. The interpretations in these other cases are in a more generic form, such as, â€Å"power with† refers to the collective action of tackling a problem together, â€Å"power to† as generative or productive power, which creates new possibilities and actions. Before I go further into women’s emancipation and their participation in social and political life of the country as cit izens, it is important to look at the power structure in a traditional society. What does women’s â€Å"empowerment† mean in a country where the question of â€Å"women† has been part of clashes between the modernists and the traditionalists, throughout the history? Considering the complexity of the â€Å"power† structure within the Afghan society and womens status within the family, community / tribe and finally the state, this research highlights the fact that womens â€Å"empowerment† cannot be discussed in terms of individuality, but, according to a feminist definition â€Å"in relation to men, women† and the community, not in isolation (Rowland, 1998). Afghan women are not a homogenous class. There are a number of significant socioeconomic factors, which contribute to the diversity of womens emancipation in the Afghan society, such as, age; educational level; and, the urban-rural divide. However, in general, Afghanistan is a traditional society where the notion of power is embedded in the patriarchal nature of the culture: reinforcing male supremacy and control over women to uphold family â€Å"honor† with conformity to accepted â€Å"behavioral norms†, which limits women’s life choices (Dupree, 199 8). As in other contexts, womens empowerment in Afghanistan cannot be discussed in a void, but should develop, through an understanding of the complexity of power and control structures in different layers around women. Stumbling Blocks and stepping stones The problems facing women wishing to run for parliament have been described as the ‘four Cs’- culture, childcare, cash and confidence. (10) The unequal participation of women in power and decision-making structures as the local, national, regional and international levels reflects structural, attitudinal and cultural barriers prevailing in all societies. Stereotypical gender roles remain a major obstacle in women’s political empowerment. On the one major obstacle in women’s political empowerment. One the one hand women are considered unfit for leadership. The public-private domain theory has been used as Vicky Randall observes, â€Å"ideologically to justify women’s exclusion from public politics, while women’s actual confinement to a narrow domestic sphere has been a major brake upon effective political participation. At the same time the public-private convention has masked the crucial interdependence of these spheres. Not only have women’s private roles limited and largely defined their public contribution, but public policies have confirmed their ‘private’ obligations. The impact is that political parties are hesitant to select women candidates from â€Å"winnable† seats. Women are usually fielded from ‘losing’ constituencies where the party does not want to waste a male candidate. â€Å" Male equivalence† the assumption that women access political life with the support, backing and contacts of family, in particular, that of the husband has been a dominant explanation for how women enter political life. It is difficult for women to establish a foothold without patronage from powerful men in the party- that too through close personal relations, as wives, daughters or sisters. The criterion for selection of women in constituency , but other apolitical considerations. Very few of the women in politics have an independent base as their entry point. Most enter politics as a sister, daughter, and wife of some men, who for some reason cannot contest election. A compartmentalization of the stumbling blocks leads us to the following points: social barriers include double responsibilities of women; traditional division of labor where women’s roles are ascriptive; lack of social services and support network; illiteracy; and socialization into gendered roles. Economic barriers may categorized as changes in a global economic market; biased theories and practices of development ; and feminization of poverty. Political barriers include type of electrol system; structures and agendas of political parties; lack of sufficient training and communication skills; and access to technology. Strategies Despite all the roadblocks that are clearly evident, it is possible to imagine and revision a more inclusive political system that allows for all the citizens to be democratically present in the political processes. In view of the need to ensure accommodation of the voice, ideas and the needs of women and to rectify imbalances in political representation, participation as the pre-requisite for facilitating and nurturing leadership is essential. The government must create an enabling environment for active leadership generating participation, which would ensure that women’s voices are heard in Afghanistan. Leadership too needs to be transformational, effecting changes in institutions of governance. Special mechanism must be introduced in order to induct women at all levels of decision-making to ensure that they form a critical mass and contribute to policy planning and implementation. The need is formulate institutional mechanisms and work out concrete measures to ensure and enhance women’s involvement and representations in positions of power and decision-making. Enhancing women’s political representation also entails reviewing of the process of selection of candidates within the political parties. The Beijing +5 Outcome Document too recognized the need to â€Å"encourage the nomination of more women candidates through political parties, quotas or measurable goals, or the other appropriate means for election to parliaments and other legislative structures, to increase their share and contribution in formulation of public policy†. The political parties must honour their commitment to gender justice and equality and ensure women’s representation all all levels of party hierarchy. Women, moreover, need to be actively involved in defining the political, economic, and social agenda. 26 This necessitates enhancing the performance and political skills of those women already in decision-making positions through imparting of formal as well as formal training, which could impart the art of lobbying, raising funds, networking as well as campaigning. Some systematized politicians would benefit new entrants to the political field. Women in senior positions, those who are already at the zenith of power could act as role models and mentors for the struggling ones. A massive grassroots movement must be initiated to change the perceptions of both decision-makers and voters. In this context, there is a need to develop strong linkage with already elected nearly one million grass root women. Lastly, it is absolutely essential to have a fixed time frame for achieving gender parity in political representation, without which governments and political parties cannot be held accountable. Conclusion â€Å"It’s not about simply mainstreaming women. It’s not about women joining the polluted stream. It’s about cleaning the system, changing stagnant pools into fresh flowing waters†. 27 when the interests and voices of half of humanity are not reflected in decision-making processes, the very legitimacy of the institutions, legislative and executive becomes questionable. Women are marginalized in the political process through co-operation, repression, socialization and sabotage. Women have been unable to find or create a space for themselves in decision-making sphere. The discourse, procedures, structures and functioning of political institutions remain heavily skewed in favor of men, as evident from disproportionately small number of women in decision-making bodies. The level of political participation among women in any society acts as a reliable barometer of the health of its system; it is clear that there is a systemic disease. Afghan women’s qualitative as well as quantitative participation at all levels of governance structures is absolutely essential for their empowerment. Bringing women into power is not only a matter of equity, of correcting an adjust and unrepresentative system, but is a means of addressing wider social issues of poverty eradication, employment, health and like, in short, facilitating a just , peaceful and humane social order. It is not an end itself, but a means to effectuate a change in the system. References: 1. CAPWIP , â€Å" Issues in Women’s Political Empowerment in the Asia-Pacific Region†, Proceeding of women in Asia and the Pacific: High-Level Intergovernmental Meeting to Review Regional Implementation of the Beijing Platform for Action, ESCAP, Manila, October 26-29,1999,p.281. 2. Jakarta declaration For the Advancement of Women in Asia and the Pacific, Second Asian and Pacific Ministerial Conference on Women in Development, Jakarta, June 7-14, 1994. 3. Brill Alida. (ed), A Rising Public Voice : Women in Politics Worldwide, New York, N.Y.: The Feminist Press, 1995, p.1. 4. UNIFEM, Progress of the World’s Women 2000: UNIFEM Biennial Report, New York, N.Y.: UNIFEM, 2000, P.9. 5. Norway, Sweden, Denmark, Switzerland, Netherlands are a few examples of countries having more than thirty percent of women in decision-making posts. 6. IPU Website, http://www.ipu.org 7. In 1975, The World Plan of Action, adopted in the First World Conference held in Mexico City, put forward various suggestions, for the recruitment, nomination and promotion of women in various branches of government, public bodies, trade unions and pressure groups: In Copenhagen, in 1980, further steps were recommended to promote international cooperation and strengthen peace through women’s participation. The Nairobi Forward Looking Strategies, adopted in the Third World Conference on Women, Nairobi (1985) stresses that â€Å"Women by virtue of their gender, experience discrimination in terms of equal access to the power structure that controls society and determines development issues and peace initiatives† (Para 46) It was further pointed out that â€Å"For true equality to become a reality for women, the sharing of power on equal terms with men must be a major strategy.† ( para 51) the importance of governmental and non -governmental organizations in educating women to exercise their newly-own civil, political and social rights was emphasized. In this process of consciousness rising, efforts would have to be made to fix definite time-bound targets and even resort to be quota system. 8. Beijing Platform for Action , p 109 9. For details see Beijing Platform for Action, p 109-115. The goal of equal participation of men and women in decision-making as a crucial element to strengthen democracy was equally emphasized by commission on the Status of Women at its 41st session in 1997. The efforts for women’s political empowerment made by governments of Asia and the Pacific were also analyzed at the ESCAP High-level Intergovernmental Meeting to Review Regional Implementation of Beijing Platform for Action , October 26-29,1999, The report reveals that of the 40 countries in region, the proportion of women in the national legislatures increased in 28 countries, declined in 8 and remained the same in 4.Yet women remained in a minority in the legislatures.( Report of ESCAP High-level Intergovernmental Meeting to Review Regional Implementation of the Beijing Platform for Action, October 26-29, 1999 , p.86) 10. The best man for the job? The Selection of Women Parliamentary Candidates,† Finding of the Fawcett Society, February, 1997. Presented at listen to Women’s Vote. 1998, p. 19

A Walk In The Woods: Chapter 9 :: essays research papers

Bill Bryson the author of the short story ‘A Walk in the Woods’ constructs the story in a certain way to try to get the reader to accept his attitudes and values about how dangerous and death defying Earl V. Shaffer and other’s are in attempting to travel the trail. He uses the techniques of emotive language, unusual language and use of first hand accounts in the short story ‘A Walk in the Woods‘ . The use of descriptive and humorous language, combined with conversational text has allowed Bryson to express his feelings and opinions on his and others experiences on the Appalachian Trail to the audience. The language that the author uses in the short story is very emotive and expressed the feeling which have been felt by others on the trail. The author uses emotive language throughout the story to position us to feel amazed and astonished toward Earl V. Shaffer’s 2000 mile journey on the trail. †He spent long periods bushwhacking over tangled mountains or following the wrong path when the trail forked.†, this text shows that Shaffer was a tough and sturdy and wouldn’t give up for any reason. â€Å" On the other hand, even the dustiest little hamlets nearly always have a store of cafà ©, unlike now, and generally when he left the trail he could count on a country bus to flag down for a lift to the nearest townâ€Å". The reader is also told that he might have been helped along the way, so suspicion arises. â€Å"...Reduced to a rutted, muddy track†¦Ã¢â‚¬  shows that the trail conditions at times were anything but perfect. ‘Rutted’ and ‘muddy’ describe the Appalachian Trail as an almost tough and hardy trail to trek across. â€Å"The trail Shaffer found was nothing like the groomed and orderly corridor that exists today† shows how the Appalachian trail appears to Bryson and portrays to the audience a trail affected by modern societies requirement of health and neatness. 'orderly' and 'groomed' are used to portray an image of a beautiful trail that is set out neatly, far from what Shaffer would have experienced on his travel along the trying trail. The attempts of Bryson to explain the conditions fought by Shaffer on his trip were well complimented by descriptive and explanatory sentences.Bryson uses the very distinct humorous and silly style of writing which entertains the audience very well.

KFC vs McDonald’s

When you like fried chicken, KFC is always the first thing that comes to everyone’s mind. The reason for this is these companies claim of particular products that have became their trademark until now. The difference between McDonald’s and KFC is mainly the cuisine. The following report is a comparative analysis of the operational parameters of McDonald’s and Kentucky Fried Chicken (KFC) and projects an overview of various factors that differentiate the services of the two food giants. The survey was based on the consumer’s response on their choice between KFC and McDonalds and the basis of their choice was differentiated into various factors.MCDONALD’S: COMPANY PROFILEThe year 1940 is the birth year of McDonald’s and they have started https://phdessay.com/explaining-of-the-child-protection-in-the-wider-concept-of-safeguarding-children-and-young-people/everything. Their Speedier Service System that was introduced in their very first restauran t is being followed until now in modern day fast food chains.Their very first mascot was a man with a head of a hamburger that is wearing a chef’s hat. It was replaced by McDonald’s ever popular clown man. McDonald’s is recorded to currently serving 58million customers each day in 119 countries.Their restaurants differ from their settings, some offer by-passers with their drive thru service, some have playgrounds for kids but are just counter service alone. Some of their restaurants have outer seats as well. McDonald’s signature colours are red and yellow.Their well-supported products are their famous hamburgers, breakfast offers, desserts, chicken sandwiches and French fries. For vegetarian customers, McDonald’s have offerings that are suitable for them. When it comes to regional branches, McDonald’s are known for being fond of offering these  countries food taboos for them to have some sort of relationship with people around. For example , Portugal McDonald’s are the only ones who have soup in the menu. Another example would be Indonesia for Mc Rice.MCDONALD’S IN INDIAThe year 1996 saw the opening of the first McDonald'sâ„ ¢ restaurant in India and since then, there have been numerous milestones for us. Here is a look at the last 17 years and all that was special about them.First McDonald'sâ„ ¢ restaurant opened on Oct. 13,1996 at Basant Lok in New Delhi. It was also the first McDonald'sâ„ ¢ restaurant in the world to not serve beef and pork based productsFirst Drive -Thru restaurant at Noida (UP) in 1997.First disabled friendly store at Noida (UP).First Mall location restaurant at Ansal Plaza (New Delhi) in 1999.First highway restaurant at Mathura (UP) in 2000.First thematic restaurant at Connaught Place (New Delhi) in 2001.The first restaurant in a food court at 3C's, Lajpat Nagar (New Delhi) in 2002.The first restaurant at the Delhi Metro Station at Inter State Bus Terminus. The first fundr aiser in association with ORBIS and Dr. Shroff's Charity Eye hospital. (Delhi)The first Dessert Kiosk – Faridabad (Haryana) in 2003.McDonald'sâ„ ¢ Delivery Service (McDeliveryâ„ ¢) introduced in New Delhi Local menu innovations like McAloo Tikkiâ„ ¢, McVeggieâ„ ¢ and Pizza McPuffâ„ ¢ exported to Middle Eastin 2004.McDeliveryâ„ ¢ on Bicycles flagged off at Chandni Chowk (Delhi) – another first  initiative by McDonald'sâ„ ¢ India.100th McDonald'sâ„ ¢ Restaurant opens in India in 2006.Also celebrated.10th Year Anniversary.First McDonald'sâ„ ¢ open in Eastern Region at Park Street, Kolkata in 2007.Also,first restaurant opened at Airport (Domestic Airport at New Delhi).First ‘Made For You' (MFY) restaurant opened at Greater Noida, Uttar Pradesh.First 24 hours McDonald'sâ„ ¢ Restaurant opens at Old Delhi Railway Stationin 2008.Also,Chicken McNuggets ® launched in India. The first reimaged (new look) restaurant opened at Ambiance mall, Vasant Kunj, New Delhi in 2010.McDonald'sâ„ ¢ launches the global singing contest for its restaurant employees – Voice of McDonald'sâ„ ¢ in 2012 and also introduces Spice Festival from April – June – Launches Spicy variants (Limited time offer).New Product Launch – McEggâ„ ¢.McDonald'sâ„ ¢ Celebrates National Breakfast Dayin 2013.McDonald’s has developed a menu especially for India with vegetarian selections to suit Indian tastes and preferences. Keeping in line with this, McDonald's does not offer any beef or pork items in India. In the last decade it has introduced some vegetarian and non-vegetarian products with local flavours that have appealed to the Indian palate. There have been continuous efforts to enhance variety in the menu by developing more such products. McDonald's has also re-engineered its operations repeatedly in its 11 years in India to address the special requirements of a vegetarian menu. Vegetable products are 100% vegetarian, i.e. they are prepared separately, using dedicated equipment and utensils only pure vegetarian oil is used as a cooking medium.Cheese and sauces are completely vegetarian and egg less. Separation of vegetarian and non-vegetarian food products is maintained throughout the various stages of procurement, cooking and serving.KFC: COMPANY PROFILE KFC (Kentucky Fried Chicken) is a fast food restaurant chain headquartered in Louisville, Kentucky, United States, which specializes in fried chicken. It is the world's second largest restaurant chain overall (as measured by sales) after McDonald's, with over 18,000 outlets in 120 countries and territories as of December 2012. The company is a subsidiary of Yum! Brands, a restaurant company which also owns Pizza Hut and Taco Bell.KFC was founded by Harland Sanders, a colourful figure who began selling fried chicken from his roadside restaurant in Corbin, Kentucky, during the Great Depression. Sanders identified the potential of the r estaurant franchising concept, and the first â€Å"Kentucky Fried Chicken† franchise opened in Utah in 1952. KFC popularized chicken in the fast food industry, diversifying the market by challenging the established dominance of the hamburger. By branding himself as â€Å"Colonel Sanders†, Harland became a legendary figure of American cultural history, and his image remains prominent in KFC advertising. However, the company's rapid expansion saw it grow too large for Sanders to manage, and in 1964 he sold the company to a group of investors led by John Y. Brown, Jr. and Jack C. Massey.KFC was one of the first fast food chains to expand internationally, opening outlets in England, Mexico and Jamaica by the mid-1960s. Throughout the 1970s and 1980s, KFC experienced mixed fortunes domestically, as it went through a series of changes in corporate ownership with little or no experience in the restaurant business. In the early 1970s, KFC was sold to the spirits distributor He ublein, who were taken over by the R.J. Reynolds food and tobacco conglomerate, who sold the chain to PepsiCo. The chain continued to expand overseas however, and in 1987 KFC became the first Western restaurant chain to open in China. The chain has since expanded rapidly in China, and the country is now the company's most profitable market.PepsiCo spun off its restaurants division as Tricon Global Restaurants, which later changed its name to Yum! Brands. KFC primarily sells fried chicken pieces and variations such as chicken fillet burgers (chicken sandwiches[US]) and wraps, salads and side dishes such as French fries and coleslaw, desserts and soft drinks, often supplied by PepsiCo. Its most famous product is pressure fried chicken pieces,  seasoned with Sanders' â€Å"Original Recipe† of 11 herbs and spices. The exact nature of these ingredients is unknown, and represents a notable trade secret. Larger portions of fried chicken are served in a distinctive cardboard  "bucket†, which has become a signature of the chain since being introduced by franchisee Pete Harman in 1957. KFC is known for the slogan â€Å"finger lickin' good†, which has since been replaced by â€Å"Nobody does chicken like KFC† and â€Å"So good†.KFC IN INDIA The first Indian KFC opened in Bangalore in June 1995. Protests ensued from left wing, anti-globalisation and environmental campaigners, as well as local farmers, who objected to the chain bypassing local producers. Many Indians were concerned about the onslaught of consumerism, the loss of national self-sufficiency, and the disruption of indigenous traditions. The protests came to a head in August 1995, when the Bangalore outlet was repeatedly ransacked.KFC Bangalore demanded, and received, a police van permanently parked outside for a year. Rural activist M. D. Nanjundaswamy subsequently claimed KFC would adversely affect the health of the impoverished, by diverting grain from poor people to make the more profitable animal feed. Former environment minister Maneka Gandhi joined the anti-KFC movement. KFC was also accused of using illegally high amounts of monosodium glutamate (MSG) and frying its food in pork fat.A second store opened in Delhi, but was closed by the authorities soon afterwards, purportedly for health reasons, but more likely to avoid a repetition of the Bangalore incident. The two stores only managed to attract a limited, affluent clientele, and KFC decided to abandon the Indian market. KFC returned to India in 1999, with a new Bangalore outlet. This was the sole KFC in India until 2004, when the chain began to expand, albeit with a makeover and a range of new vegetarian dishes. As of December 2012, there were 280 KFCs in the Indian market. As well as the standard KFC offerings, the chain sells a chickpea burger and hot wings with chilli lemon sprinkles.RESEARCH METHODOLOGYIn simple terms methodology can be defined as, it is used to give a clear cut idea on what the researcher is carrying out his or her research. In order to plan in a right point of time and to advance the research work methodology makes the right platform to the researcher to mapping out the research work in relevance to make solid plans.More over methodology guides the researcher to involve and to be active in his or her particular field of enquiry. Most of the situations the aim of the research and the research topic won’t be same at all time it varies from its objectives and flow of the research but by adopting a suitable methodology this can be achieved. Right from selecting the topic and carrying out till recommendations research methodology drives the researcher in the right track. The entire research plan is based on the concept of right methodology.More over through methodology the external environment constitutes the research by giving a depth idea on setting the right research objective, followed by literature point of view, based on that chosen a nalysis through interviews or questionnaires findings will be obtained and finally concluded message by this research. On the other hand from the methodology the internal environment constitutes by understanding and identifying the right type of research, strategy, philosophy, time horizon, approaches, followed by right procedures and techniques based on his or her research work. In other hand the research methodology acts as the nerve center because the entire research is bounded by it and to perform a good research work, the internal and external environment has to follow the right methodology process.RESEARCH METHODOLOGY USEDIn this project, the research used is qualitative research method focusing on what kind of reasons led to the comparison between the two. Large amounts of necessary data and information were collected from the internet.RESEARCH OBJECTIVETo conduct survey analysis on the consumer’s preference of food joint amongst McDonald’s and KFC.RESEARCH HYPO THESISWhen young consumers choose the fast food restaurants, I selected six factors as the major factors, which are price, food selections, taste of food, environment, service and brand image and I consider that everyone has different beliefs on the six factors.The Six Hypotheses to be verified in this Research Hypothesis 1 Compared with KFCï ¼Å'†Environment† is a competitive advantage of McDonalds Hypothesis 2 Compared with KFCï ¼Å'† Food Selection.† is a competitive advantage of McDonalds Hypothesis 3 Compared with KFCï ¼Å'†Price† is a competitive advantage of McDonalds Hypothesis 4 Compared with KFCï ¼Å'†Brand Image† is a competitive advantage of McDonalds Hypothesis 5 Compared with KFCï ¼Å'†Service† is a competitive advantage of McDonalds Hypothesis 6 Compared with KFCï ¼Å'†Taste of Food† is a competitive advantage of MacdonaldsRESEARCH FRAMEWORKThis research is to understand how young consumers select fast food restaurants. On the other hand, this can help the two fast food restaurants to know their drawbacks and edges for improving and maintaining. The questionnaire is designed base on six hypotheses. After analysis, the result will indicate if the hypotheses are confirmed or rejected, through which the advantages of two fast food restaurants and consumers’ perception will be revealed. SAMPLE FRAMEA questionnaire was designed and used to verify the six hypotheses. 40 people were surveyed on their choice and perception on both the restaurants.CHAPTER II: ANALYSIS PART I MCDONALDS VS KFC: ENVIRONMENT KFCUnlike some other international food brands available here in India, KFC offers the same taste and value no matter which part of the world you are. You can sit back, enjoy and be assured of the world class quality. The environment of its outlets should you choose to dine in is always informal and fun like a select few can offer. It focuses on self service. Many times both m en and women enjoying a meal alone without judgement and pleasant service. Everyday 8 million customers are served in KFC and this is not without reason. They have formally announced the absence of Trans-fats in their cooking oil thus making your occasional binge less worrisome.MCDONALD’SThere’s always a rush near McDonald’s because they have planned their locations very well near colleges, classes stations etc so before going home or during the lunch break many people come for a snack. There is also a special counter for home delivery. A major highlight of the chain. It’s the interior which attracts you to the place, especially the well polished and squeaky clean floors and good seating arrangement. There is no formal stuff in here and it truly follows the concept of self service. Mc Donald’s is one of the most happening hang out joints. In all, a very ambient atmosphere for dining out.MCDONALDS VS KFC: FOOD SELECTION KFCKFC is geared up to tap th e country’s Youth crowd.KFC has launched their new menu Streetwise„ aiming at the college goers. With â€Å"Streetwise†, KFC is offering a range of signature KFC products at affordable prices.KFC has also launched several new television commercial as part of the promotional activities for the new offering.KFC’s earlier menu consisted of Chicken Wings and Wraps which were too alien for Indian taste buds. Hence, KFC localized its brand by introducing the Veggie Options to its menu that included rice meals, wraps and side dishes that was desirable to the Indian consumers. Also, it stuck to eggless mayonnaise and sauces. Even its trademark chicken dishes were given a local flavour with the use of Indian spices and cooking techniques. The recently  launched Veg Zinger burger is at par with its chicken counterpart. Also, KFC has changed its target audience. From Higher Income group to Middle Income Youth. While they have localized the menu according to the Ind ian Taste they haven’t forgotten their originality that is resides in Chicken.MCDONALD’SMcDonald's regular scrumptious menu includes wide range of products like McAloo Tikki, Filet-O-Fish, Spicy Range, Chicken McGrill, McVeggie, Veg Pizza McPuff, Chicken Mcnuggets, Fries, Wraps, an assortment of Sundaes, Soft Serve and refreshing beverages such as Ice Tea & Cold Coffee with outstanding service in a vibrant and lively ambience, for which McDonald's is known worldwide.McDonald’s has also recently introduced Masala Grill, a range of grilled vegetarian and non-vegetarian products inspired by the kebabs of the province in Pakistan formerly called the Northwest Frontier Province. These products are wrapped in roasted chilli sauce, a specially-developed condiment, and are available both a la carte and in meal combos. The range comprises two products, namely the Veg Masala Grill which is a blend of potatoes and a soya patty flavoured with aromatic spices, and the Chicke n Masala Grill , which comprises a chicken mince patty seasoned with Indian herbs and spices.MCDONALDS VS KFC: PRICE COMPARISONKFCKFC globally enters the market using market skimming. Their products are priced high and target the middle to upper class people. Gradually they trickle down the prices focusing on the middle to lower class people to penetrate both sides of the market. KFC price their product keeping different points in view. They adopt the cost base price strategy. Pricing of the product includes the govt. tax and excise duty and then comes the final stage of determine the price of their product. The products are bit high priced according the market segment and it is also comparable to the standard of their product. Total Pounds of Chicken Served in KFC RestaurantAnnually =1.914 Billion Total KFC Chicken Pieces Sold Annually = 5.89 BillionTotal Retail Sales = $8.9 Billion Sales Price of per Chicken Piece =$1.51MCDONALD’SMcDonald’s has realized that, despite the cost savings inherent in standardization, success can often be attributed to being able to adapt to a specific environment. This is indeed the case with its implementation of its pricing strategy, which is one of localization rather than globalization.As a part of its business strategy to penetrate deeper into the new and existing markets, the forever young brand McDonald’s introduced Happy Price Menu at Rs.20/- in the year 2004 in India. This value for money proposition has been well accepted by the discerning customers. The communication towards this proposition has graduated over the years, but the Happy Price Menu platform has been consistent. It came up with a very grasping punch line  ³Aap ke zamanemein ,baap ke zamane ke daam ´in 2008. This pricing strategy was founded to attract middle class and lower class people and the effect can clearly be seen in the consumer base that McDonalds has now.It started offering value meals in a range of prices.Ensured afforda bility and attracted the widest section of customers. Brought the customer and provided arrange of entry-level products. Trial of those new items and graduate to higher-rungs. For E.g. – if a customer starts with McAloo Tikki, he will finally graduate to McVeggie and so in Nonveg. McDonalds has certain value pricing and bundling strategies such as happy meal, combo meal, family meal, happy price menu etc to increase overall sales of the product. MCDONALDS VS KFC: BRAND IMAGEKFCKFC holds the position of a youth based brand with its youthful, lively ambience of stores and the friendly service. In KFC feedback is taken from the customer in order to know the customer demands and then improvements are made in products. KFC focuses on pure and fresh food in order to create a distinct and clear position in the minds of customers KFC has a strong  brand name and they are leading the market in fried chicken. KFC uses its attributes to Position its Product (Fried Chicken). KFC positi ons itself as a youthful, quick service restaurant brand that serves unique, great tasting food and beverages. The focus of the brand strategy is to highlight this across all their communication, menu offerings and the experience that is delivered.MCDONALD’SAt first people were rather sceptical about this brand. It was a foreign brand and people dint know what to expect. But clearly now, this doesn’t seem to be that way. Now when one thinks about McDonalds, one thinks about a place to go and ‘hang out’ with our friends because it has a comfortable environment. At the same time it not very expensive and gives quick service and value for money. And most of us have grown up having a meal in McDonalds with a cardboard crown on our head, a balloon in our hands, sitting in Ronald McDonalds lap and walking out with a toy in the end and also a big smile. As we left the restaurant we just could not wait to go back and enjoy the whole experience all over again.It is things like these that create a certain kind of an impression, a perception, and an image in our heads that lingers on for most of our lives. McDonald’s wanted to position itself as ‘Indian’ and a promoter of ‘family values and culture’ as well as being ‘comfortable and easy’. Simultaneously the brand wanted to communicate that it was committed to maintaining a quality service, cleanliness and offering value for money. But at the end of it McDonald's means different things to different people and doesn't have one brand position.MCDONALDS VS KFC: SERVICEKFCSelf Service is the concept followed by KFC. It gets very crowded especially on weekends, but they have a very competent staff that provide quick service. It’s difficult to get a place to sit on weekends and takeaway seems to be the best bet. The staff is very polite irrespective of the maddening rush and always lends a ear for your complaints. Home delivery is one area where th ere have been complaints.MCDONALD’SThough there’s self service, i.e. you have to order at the counter and collect your items yourselves, the service is quick and sharp; and the people make sure you get the food as early as possible. It normally takes around 30 secs after taking your order to delivering the food at the best McDonald outlets. McDonald’s also provides home delivery which has been appreciated by the customers.MCDONALDS VS KFC: TASTE OF FOOD KFCThough the name KFC indicates chicken but that’s not the case. KFC has diversified itself in all the food items and that’s why they have shortened ‘Kentucky Fried Chicken’ to KFC. The food is delicious with less spicespices and good quantity and anyone fond of chicken can surely go there and gorge on the various chicken dishes. Though KFC is mainly famous for chicken, the vegetarians are also not disappointed here. There are as many varieties of vegetarian stuff as there are of chick en dishes. Typical chicken made by Indian style is not available here, but the combination of chicken is interesting here.MCDONALD’SMcDonald's strives to maintain its international quality standards in every single one of its outlets. Dealing directly with the farmers, McDonalds ensures that every ingredient is of the best quality. Strong supply chain efficiencies, cold chain delivery, minimum storage times, standard recipes and food that is specially ‘made for you' deliver freshness right to the customer's plates. Paying attention to minutest of details, McDonald's India has ‘Indianised' their menu with introductions like the Mc Aloo TikkiAlooTikki Burger, McSpicy Chicken Burger, McSpicy Paneer Burger and more. With due respect to local customs and customer sentiments, no McDonald's outlet in India serves either beef or pork. Furthermore, the vegetarian and non-vegetarian kitchens are completely separate.CHAPTER III: ANALYSIS PART II SURVEY ANALYSISThe report has been designed to study the consumer behaviour with respect to McDonalds and KFC. A questionnaire was designed in order to understand the  reasons of the consumer perception towards the two food giants. My method of going about the study at hand involved the basic survey method, whereby I put forward questions to individuals who were divided into the basic segments provided by and aimed at as either the source or target service provider. Question 1Which age group do you belong to?The first question was essentially designed to throw light on the age group of people visiting/dining at the food joints. This gave us an idea of the preference of a particular food brand among a given age group if any. For e.g. the HAPPY MEAL available at McDonald's attracted the major portion of the younger crowd. As a matter of fact as shown in the following questions, this particular strategy drained almost the entire young consumer segment. Of the individuals surveyed a majority of the individuals be longed to the 18-25 yr age group both for McDonald’s as well as KFC. Question 2What is your profession?This question was essential in calculating the trend of the customers who visit these food joints i.e. the working class of the people visiting the respective places. The survey revealed that the majority of people visiting both the places i.e. 46% for KFC and 55% for McDonald's were students. This thus lays direct stress on the strategies adopted by both the joints resulting in a heavy demand among the student group. Question 3Are you a vegetarian/non-vegetarian? This was essentially designed to demarcate the groups according to whether they were vegetarians or otherwise. It was a preconceived idea that the vegetarians preferred McDonald's of the two while KFC proved to be a non-vegetarian paradise. This thus showed a balanced market for McDonald's whereas a strong shift for KFC towards the non-vegetarian section. Question 4How do you consider the environment at both the jo ints? This question was essentially designed to find out what people think about the environment and crowd at both the joints. There is no significant difference observed when it comes to the environment and the experience of  people at both the joints. Question 5What is your saying on the pricing of both the joints?In KFC 31% found the food priced nominally and an equal amount of people surveyed i.e. 31% found inexpensive. Hence it was concluded that it dropped down to the individual in the case of KFC and there was no clear market trend. In McDonald's 46% found it nominally priced as well as value for money while just 8% found it expensive. Hence in terms of comparative study it was concluded that McDonalds was optimally priced although KFC wasn't overpriced either.Question 6What is your saying on the service provided by both the joints and which one would you prefer? This question was designed to find out the type of service provided by each of them and people’s percepti on on quality of service at these joints KFC got an upper hand when it came to service with 51 % people opting for it whereas 49 % opted for McDonald’s.Question 7Rate both the joints on the scale of 10 on the basis of taste of food This question was designed to get an idea about the taste of food provided by each of these joints. No significant difference was observed when it came to the food served by both the joints. Although KFC is known for their chicken dishes, it’s also come out with its vegetarian menu which is equally enjoyable. McDonald’s on the other hand had been the place for everyone since the very beginning. Therefore, when it comes to taste of food, both McDonald’s and KFC have been given equal preference.DIAGRAMMATIC REPRESENTATION1. Which age group do you belong to?2. Are you a Vegetarian/Non-Vegetarian?3. What is your Occupation?4. What is your saying on the pricing of the eat-outs?5. How do you consider the environment at both the eat-o uts?6. What is your saying on the service of the eat-outs and which one would you prefer?7. Rate both the eat-outs on the scale of 10 on the basis of taste of foodFINDINGSWhat do the young consumers care most? From the Histogram, it shows that the young consumers care about the service and taste of food most. Note that the score of rating is from 0 to 6 The results show that there are no significant difference on environment, food selection, brand image, service and taste of food and that means they are not the competitive advantages of McDonald. However, the price of McDonald is a competitive advantage of McDonald Young consumers generally considered that McDonald provides a more reasonable food price of food.CHAPTER IV: CONCLUSION/SUMMARY/RECOMMENDATIONS CONCLUSIONThis research studies the competitive advantages of two fast food restaurants, McDonald and KFC, from young consumers’ perspective. Summary of hypotheses test Hypothesis1 Compared with KFCï ¼Å'†Environmentà ¢â‚¬  is a competitive advantage of McDonald’s Rejected Hypothesis2 Compared with KFCï ¼Å'† Food selection† is a competitive advantage of McDonald’s Rejected Hypothesis3 Compared with KFCï ¼Å'†Price† is a competitive advantage of McDonald’s Supported Hypothesis4 Compared with KFCï ¼Å'†Brand image† is a competitive advantage of McDonald’s Rejected Hypothesis5 Compared with KFCï ¼Å'†Service† is a competitive advantage of McDonald’s Rejected Hypothesis6 Compared with KFCï ¼Å'†Taste of Food† is a competitive advantage of McDonald’s RejectedWhen young consumers selected a fast food restaurant, they care about the service and taste of food most. In order to increase the market share of young consumers, restaurant managers have to put plenty of efforts on the service and taste of food. Young consumers consider that the McDonald provides a more reasonable food price than KFC. To McDon ald, it’s an advantage against KFC and should be maintained. On the other hand, KFC should do a detail research about the reason why young consumers have such perception about the price of two restaurants.SUMMARY AND RECOMMENDATIONS SUMMARYIn India fast food market is strongly dominated by these 2 brands. But when it comes to comparing these two brands the above study brings us to a conclusion that as far as market presence and brand value is concerned McDonald's has definitely proved a point for themselves.But KFC who re-entered in 2003 has shown a rapid progress and no wonder if in the coming years KFC overtakes McDonald’s in the Indian market share. Both the food-giants have given each other immense competition in terms of customer satisfaction and promotional strategies.The range of products and offers offered by each is remarkable in every context. Although McDonalds has an upper hand with the vegetarian crowd because of its exclusive products, KFC is slowly catch ing up to the challenge. KFC provides vegetarian alternatives with an added advantage of a complete meal including rice and desert.Where McDonalds fall into the snack option KFC has covered the meal area.  Thus it is not quite evident which one can be termed as better than the other.RECOMMENDATIONS KFCKFC still needs to do a bit of re-vamp in its vegetarian menu and add more options to it. The fried chicken category already has more options and varieties as compared to the vegetarian section. The prices of KFC are reasonable as compared with other fast food restaurants. But as price is always a primary concern for the customer, therefore, they should adopt certain strategy to attract the customers. And it can only be done by lowering the prices. It could be by introducing some discount packages for families, employees, students or regular customers. The membership card can be used to provide certain extra value to the customer.MCDONALD’SOff recent, there have been a lot of complaints on the quality of food that one gets at McDonalds. This should be a matter of prime concern when it comes to the progress of the fast food restaurant. McDonald’s should start focusing more on improving the quality of products rather than being completely driven by quantity and variety. McDonald’s also needs to work on their advertising strategy. For example, the breakfast menu at McDonalds does not find many takers due to poor publicity. Ignorance of the breakfast menu at McDonald’s is one of the biggest drawbacks of this restaurant.

Understanding Organisations and the Role of Hr

1. Introduction The briefing note is aimed to support a new manager to gain some understanding of the organisation in preparation for their start. Enterprise is a private sector organisation that has a current turnover of ? 1. 1bn. Enterprise currently employ’s circa 17,000 people including direct and DSP staff. 1. 1 Enterprise is the UK’s largest dedicated maintenance and front-line service provider to the public sector and utility industry. 2. Company Analysis 2. 1 Enterprise offers a wide range of services to its customers.The business is split into two divisions, one of which is the Government division. The Government division offers nationwide coverage in the following work streams: Grounds Maintenance, street cleansing, refuse collection, social housing, asbestos surveys & removal, building repairs & maintenance and local roads. The Government division is involved in a joint venture with Amymouchel. The second major division is the Utilities division. The Utilitie s division is broken down further into sub divisions which are, defence, MOD, gas, water and power.The main role of the Utilities division as a whole is to perform maintenance tasks including fixing water leaks, repairing gas leaks, installing Utility supplies, designing and installing power substations and repairing broken connections. The Utilities -division is also involved in joint ventures with Carillion and MoDern Housing solutions. Enterprise also has a Central Support division that contains dedicated departments who provide support services to the group. The departments within the central support include Finance, I. T, Payroll, Central HR, Health & Safety, Commercial, Procurement and Marketing. See Appendices 1. ) 2. 2 Due to the fact that Enterprise provides such a diversity of services the customers are both from the Public and Private sector. Enterprise has long term partnerships with Local and Central Government. An example of this would be a 28 year ‘waste partner ship’ with Solihull Borough Council. Other Local Government organisations that Enterprise perceives as customers currently include London Borough of Barking and Dagenham, Liverpool City Council, Wolverhampton City Council, Manchester City Council, Gloucestershire City Council and Peterborough City Council.Central Government customers include MOD Defence Estates, Highways Agency and Transport for London. Enterprise works closely with Utilities companies to provide people’s homes and business with reliable gas, power, and water and communication links daily and has major contracts and partnerships with the following customers: United Utilities, Severn Trent Water, Scottish Power e-on Energy and National Grid. As the majority of Enterprise operations are carried out within the community they have a high emphasise on Corporate Responsibility in order to engage the wider community. . 3 Enterprise has a unique approach in terms of its purpose and goals. The main purpose of t he organisation is captured within the mission statement which is; ‘’To be at the heart of our customers and communities; delivering plans to improve service and maintain essential infrastructure for present and future generations in an environment that allows our people to contribute and realise their full potential’’. Enterprise as a Private organisation has a purpose of providing a financial return to its Stakeholders as well as surviving and developing if possible.Enterprise has a set of driving principles that define the goals that work towards delivering the Enterprise vision which is; ‘’In our chosen markets of utilities and the public sector, to be the leading integrated service provider focused on front line delivery. ’’ The 5 driving principles are as follows: Health & Safety: As Enterprise work at the centre of people’s lives and neighbourhood’s Health & Safety of both employees and members of the public is paramount. This means that the policies are rigorous, thorough and proven.Community Cohesion and Well Being: Responsibility in the community that Enterprise works in, the companies it works with and the employees. Sustainable communities that balance the social, economic and environmental components of their local area. This will benefit the residents, businesses and future generations. Partnership & People: Enterprise’s preferred method of working with a customer is through a transparent partnership. This facilitates communication and enables better working relationships.The flexible pro active nature of these partnerships allows contracts to evolve and move with the changing nature of the industry and customers need in the opinion of Enterprise. Enterprise follows a ‘respecting people’ agenda which allows employees to influence service delivery. They continually invest in skills and technical knowledge in order to remain an innovative leading service provide r. Performance Improvement & Best Value: The experience and knowledge Enterprise has of its markets, combined with their least cost operating models, enable them to design services that produce improved performance and best value for customers.Technology and Innovation: Enterprise has innovative technology and bespoke software that designed by an in house team. This increases the efficiency of operation and improves communications between sites, offices and customers. IT is at the core of all operations and a least cost, improved performance is essential to ensure a safe workplace. 2. 4 Enterprise believes that external factors do have an impact on the business activities of the organisation. Please see (Appendices 2. ) which is a PESTLE analysis of Enterprise.Listed below are four examples of external factors that Enterprise will be directly affected by, Auto Enrolment This is the Government initiative that Enterprise considers as a political external influence. Auto enrolment is a imed at getting employees enrolled into a pension scheme. Enterprise as a large business has to do this by April 2013. Employees are automatically enrolled into the scheme with the option to ‘opt out’. The minimum contribution of the employees is 1% of their salary with a contribution from the employer. The impact on Enterprise is financial due to the contribution to the pension scheme.The fact that all employees need to be communicated with and engaged with the scheme is a drain on cost and time. Enterprise has had to employee a number of temporary staff who specialise in pensions to guide and work on the impact of the scheme. This again is a financial strain on the organisation. Rising Fuel Costs Enterprise have identified the increasing rise in fuel costs as a potential threat to the business. Enterprise has reacted to this by introducing a ‘Lower initiative. ’ All new starters to the business are given information on ways to save fuel, for example car s haring.As many of the operations within Enterprise involve vehicles and plant reducing fuel consumption is extremely important. Graduates Enterprise has always had a graduate scheme and recruits every year. Due to the both social and political impacts the number of graduates per year is decreasing, increased university cost sand high rates of unemployment are the main contributors for this. This is impacting on the business in terms of reduced Graduate vacancies and fewer specialist candidates. Enterprise view graduates as the future and look to talent manage graduates into certain arrears of the business.They are also seen as ideal candidates whilst ‘succession planning. ’ A positive impact of the above is that apprentice schemes have become a popular alternative within the UK and Enterprise has over 130 active apprentices. This is a 50% increase on 2010 figures. Adverse Weather Over the last few of years the weather has changed significantly which has had an effect on Enterprise. It has impacted the business in both a positive and negative way. For example due to the cold weather in the winter the need for winter grit to be laid on the road has increased, this means business for Enterprise in this area has been amplified.On the opposite side of the coin, during wet summers work on the roads for example laying new cables and surfacing dressing can be a slow process. Enterprise perceives this as an external Environmental factor that is difficult to manage. 2. 5 Enterprise operates a ‘conventional’ hierarchical organisational structure predominantly but has aspects of ‘span of control structure’ also. This is mainly due to the size of the organisation and the variety of services it offers. As Enterprise is split into two major divisions with sub sections within these departments it is difficult to put the overall organisational chart into context.Enterprise does have aspects of a ‘Matrix’ organisation. This is dependent on projects that need to be undertaken or new contracts that are won. Enterprise has to be flexible to endorse this kind of structure and have the resources to cover staff movement. Please see (Appendices 2. ). Enterprise produces quarterly organisational charts to track any movements that take place and analyse where people slot in to the business. Appendices 2, illustrates the structure of the finance department for Enterprise which is a relatively tall conventional structure and is built up via a number of levels.Within the finance department there are several different functions including, financial accountants, purchase to pay, sales ledger, payroll and treasury. This chart highlights the positions of all the employees that make up each function and how they are all interlinked to make the finance department as a whole. It also confirms the spans of control of Managers and supervisors. 2. 6 As described in 2. 5 the Finance department in Enterprise has several differe nt functions. An explanation of how these functions work together ould be as follows; The monthly payroll team pulls together the payroll 3 days before the money is due too reach the employee’s accounts. This has to be signed by the Support Services manager. Once this has been signed payroll process, this is then with the treasury department to allocate the monies into the accounts of the employees in time for pay day 3 days later. After this the accountants are left to analyse the payments for each department of the business and raise any queries they may have. 2. 7 The culture of Enterprise is outlined in the mission statement and within its 5 driving principles (see 2. ). Enterprise also has a strict set of values that it expects all of its employees to follow: * Integrity – Transparency, relationship, fair, equitable and professional * Practicality – Straightforward, productive, innovative and pragmatic * Achievement – Focussed, driven, clear, ambitio n and success * Collaborative – Flexible, positive, incentivised, developing, community and team * Responsiveness – Listen, engage, create and participate The culture of Enterprise does have an affect on operations. Examples below: 1.Due to Enterprises commitment to its vision, principles and values, Enterprise can offer responsive efficient services provided by dedicated individuals 2. Enterprise works within the community promoting local employment and engagement with the use of small and medium enterprises (SME’s) through the Enterprise Foundation which is a vehicle dedicated to delivering community related support and improvement projects. This is a key part of the CR agenda. 2. 8 Enterprise has a dedicated central HR function that supports the organisations strategy in many ways.Please see below three examples of this: Learning & Development Enterprise encourages employees to undertake training courses to improve personal development. HR will research parti cular courses to make sure they are relevant to the employee’s role and report back to the budget holders with the findings. PDR Workshops Enterprises HR team offers managers the opportunity to attend workshops to make sure they carry out PDR’s efficiently (personal development reviews. ) For example it is explained that the PDR’s are linked to talent management which looks at developing Enterprise’s current employees linking back to the business strategy.Induction Corporate inductions are delivered by the HR department to all new starters. This is seen as essential to emphasise to all employee’s the vision, goals and strategy of the business as well as making new employee’s welcome and provides key statutory information. 2. 9 The HR function at Enterprise is always on hand to provide support to line mangers and their staff. Here are three ways in which they achieve this: * Updating policies and procedures in accordance with legislative chan ges and with the business needs.Making sure these are easily accessible for line managers and their employee’s to access. * Through knowledge and experience HR professionals within Enterprise provide managers with support on disciplinary issues. Making sure that the correct process is followed to avoid tribunal cases. * HR systems are an integral part of Enterprise as all office based staff use them. The HR team control these systems and provide data from them to support manager’s needs. 3. Conclusion This briefing document is aimed at familiarising a new manager with the services, structure and systems of Enterprise.It has shown that Enterprise is a large maintenance and front line service provider within the public sector and utilities industry employing circa 17,000 staff in the UK. The structure is a mixture of conventional, hierarchical and matrix. The services include all aspect of utilities including repairs of gas, water, power and electricity and public servic es including building maintenance and refuse collecting. HR supports the business by being a point of contact for managers and employees on any issues they have. This works towards Enterprise achieve it overall strategy and goals.