Friday, August 16, 2019

Farmer V Pilot Essay

Does Farmer have any claim(s) for damages against Pilot based on intentional tort? Discuss. Rule of Law : The essential requirements of intentional torts are the elements of intent, injury, damages and causation. The concept of ‘intention’ does not require that Defendant (D) know that his/her act will cause harm to the Plaintiff (P), but must know with substantial certainty that their act will result in certain outcomes (landing of the plane on the P’s land). To successfully make a claim against D, P must prove that D acted with purpose when he landed the plane on P’s property, that the act was intentional and it lead to the injury suffered by P (loss of land and crops) and the resulting damages to P’s land and crops. It is clear from the facts that that Pilot had clear intent to land the plane on Farmer’s property, that there was injury, that were damages and that it was the act of the Pilot’s that caused the damages. Farmer (Plaintiff – P) may have three claims against the Pilot (Defendant – D) for damages based on intention al tort. The potential claims will be on the basis of : a)Trespass to Land – Did Pilot trespass on Farmer’s land ? b)Trespass to Chattel – Did Pilot trespass on Farmer’s chattel (property i.e. crops) ? c)Trespass to Conversion – Did Pilot commit a conversion of Farmer’s property ? Defenses From the Pilot’s perspective, the potential applicable defense privileges that the courts provide to the Defense such that they are not held responsible for their act, are in the form of i) consent, ii) self defense, iii) defense of others (good samaritan) or iv) necessity. Though there are additional defense privileges available under the rule of law, the facts of this case lean towards exploring the said defenses. i.Consent : In the absence of consent from the property owner, consent can be implied by law (in the cases of emergency, when consent cannot be obtained in person) or consent can be implied in fact (when a consent cannot be obtained, but a reasonable person would believe that the property owner would give consent under the same specific conditions). ii.Self defense as a defense would be applicable in the circumstances when a threat is imminent and the subsequent act is reasonable. It is an affirmative defense, which would absolve D of  all liability. iii. Defense of others is a privilege to act when the ‘other’ person being defended has the right to self-defense and a privilege to act, and the force being used by D is acceptable under the reasonable force rule. iv.Necessity : A necessity defense requires the following elements: (1) D acted to avoid a significant risk of harm; (2) no adequate lawful means could have been used to escape the harm; and (3) the harm avoided was greater than that caused by breaking the law. Some jurisdictions also require that the harm must have been imminent and that the action taken must have been reasonably expected to avoid the imminent danger. The necessity defense could either be a ‘public’ necessity or a ‘private’ necessity. A public necessity is a full defense under the doctrine of ‘public good’ and D is not held liable for any damages. A private necessity is a not a viable defense and maybe considered a limited defense since the act that created t he tort was for the benefit of D or a third party. As a result, D may not be liable for the trespass, but is liable for the damages resulting from the trespass. The fact that the intent was driven from necessity, does not change the fact that the landing of the plane on Farmer’s property was intentional, voluntary and without the consent of the Farmer. However, the based on the facts, Pilot has a potential defense in the form of necessity.[1][2] Analysis a)Did Pilot trespass on Farmer’s land ? Trespass to land is defined as a person’s unlawful entry onto another’s land. There are five elements which the plaintiff must show to make prima facie case : I.Intrusion on P’s land was a volitional act by D. II.D acted with the intent of intruding on the P’s land. III.Physical intrusion on the P’s land by D. IV.P was in possession or was entitled to immediate possession of the land when the trespass took place. V.Trespass was caused by the D’s act. Based on the facts, it is clear that the Pilot has a prima facie case for ‘trespass to land’. The facts are clear that the i) Pilot intended to land on the Farmer’s land; ii) Pilot did land on the Farmer’s land; iii) the Farmer had not expressly authorized the entry. [3] However, as a defense privilege we have to review the law in terms of implied consent (implied in-fact and implied in law) and the application of necessity case law. The urgent nature of the circumstances and the availability of limited options (sub-division of homes, trees of vacant land) provide a basis for implied consent. Implied in-fact consent would be an objective manifestation as a reasonable person would consent under the circumstances especially when taking into account the loss of life against the loss of property. Per case law, the courts have ruled that loss of life over-shadows loss of property. Similarly, implied in-law consent would need to be reviewed under the rule of law and the benefit of the public, considering the options between landing on a housing tract versus landing on a vacant farm where the potential of damages would be significantly lower. The same elements of urgency and limited available options also provide the defense privilege under the rule of law of ‘necessity’. If the defense falls under the preview of ‘public necessity’, then D is not liable for any damages and P will not be able to collect any damages from D. However, if the defense falls under ‘private necessity’, D is liable for limited damages to P. As such a key factor to decide under the rule of law will be ‘was this public necessity versus private necessity ?’. Though D took action to minimize loss to the public, the action was also driven by private necessity as D and D’ clients were less likely to be hurt in the vacant field than in the sub-division and/or trees. In addition, the fact that D was a pilot and was flying a commercially paying client will also play a role in deciding public versus private necessity.[4] b)Did Pilot trespass on Farmer’s Chattel ? Trespass to chattel is the intentional interference with the right of possession of personal property of another. The defendant’s acts must intentionally damage the chattel, deprive the owner of its use for a period of time, or totally dispossess the chattel from the owner. i.An act by D that intentionally interferes with P’s right of possession in a chattel ii.Causation iii.Damages Based on the facts, it is clear that the Farmer does have a valid claim for ‘trespass to chattel’. The elements of causation and damages to the Farmer’s crops are clear. Even though the facts do state that the Pilot ‘did not see the crops from the air as they had been recently planted’), a the Restatement (Second) of Torts indicates that â€Å"intention is present when an act is done for the purpose of using or otherwise intermeddling with a chattel or with knowledge that such an intermeddling will, to a substantial certainty, result from the act†. Based on the rule of law, the Farmer has a valid prima facie claim for ‘trespass to chattel’. c)Did Pilot commit trespass of conversion on Farmer’s property (land and crops) ? The trespass of conversion is similar to the tort of trespass to chattel. Both require D to interfere with P’s right of possession in personal property. However, defendant must have intended to exercise control over the property in a manner inconsistent with the owner’s rights. However, conversion claims are brought in cases where the damage done to the property is more severe than in a trespass case. The facts of the case do not indicate the s everity of the damages or the length of time for the loss of chattel. In the event, that the land was damaged for the longer term where the Farmer was unable to use the land for farming for the longer term, this claim could be made under the laws for ‘conversion’ Conclusion Trespass to land, Trespass to Chattel and Conversion are acts which were committed by Pilot. The Pilot fully intended to land on the Farmer’s property knowing that it belonged to someone else and knowing that they did not have ‘express’ consent to land. The Pilot’s act of intentionally landing in the Farmer’s field caused damaged to the Farmer’s land and crops. However, the Pilot acted within reason, acted as a reasonable person would under the emergency circumstances and did act on the best viable option i.e. landing on vacant farmland versus, a sub-division of homes or trees. The Pilot did not act with recklessness or negligence. As a result, the defense of necessity is applicable. The defense of ‘necessity’ will limit or fully absolve the Pilot from any damage claims from the Farmer. The distinction between public versus private necessity is the deciding factor on the Pilot’s liability towards the Farmer. Though D took a ction to minimize loss to the public, the action was also driven by private necessity as D and D’s clients were less likely to be hurt in the vacant field than in the sub-division and/or trees. In addition, the fact that D was a pilot and was flying a commercially paying client will play a role in deciding public versus private necessity. I believe that it is an act that is not likely to be defined as a ‘public need’ act under case law and as such, the Pilot would be liable to pay reasonable (non-punitive) damages to the Farmer.[5]

Organizational Technology Plan Essay

Team C is researching University of Phoenix and the technology used at the school. The team will research new technology, workforce training, and recommendations to stay ahead of future challenges. In addition, team C will cover value chain analysis and primary technology the school uses for instructions. University of Phoenix has extensive support activities that students and instructors access daily. Team C will retrieve information and recommend ideas for UOPX to create a more enjoyable learning environment. The team will also cover the different ways UOPX uses the Internet to market products available to all stakeholders. Challenges University of Phoenix has set itself apart by creating a competitive advantage for working adults seeking to further his or her education. Points of differences include advanced technology and communication networks, service-oriented staff in a virtual environment, and easy access of training modules for students of all levels. Although technology has proved a point of difference for UOPX, it also is a hurdle for those intimidated by new advancements. Fear of technology is a consideration. The target market for UOPX is adults who have been away from college for 10-15 years or more. With this market comes a clientele removed from technology that did not exist when he or she enrolled in high school or college. This supports a strategy of establishing partnerships with organizations such as Microsoft or Apple to assist in managing server workload as well as attracting new customers. Staying ahead of the technology curve is essential, and organizations such as Apple can introduce new customers as well as offer new mediums of communication that can bring more awareness to each brand. One example would be developing an Apple tutorial available within the UOPX library. This would help to train, service the students, and enhance their academic experience. University of Phoenix needs to continue to enhance the on boarding process with orientation classes and a consistent stream of tutorials to engage new students to the online program. The current model includes communication networks including e-mail, blogs, chat forums and online forums. This is effective but will become dated if UOPX does not stay ahead of the technology curve. â€Å"Current struggles with bandwidth size for wireless networks is a good example of the need to anticipate and stay ahead of the competition† (Information Systems and Technology Articles, 2011). In addition to the software, it is important to be aggressive with hiring talent who is current with tomorrow’s technology. Recruiting from organizations such as Microsoft, Google, and other technology companies will inspire creative and innovative thinking that will assist in maintaining a competitive advantage and attract new markets. Value Chain Analysis University of Phoenix is an accredited college that is available for adult learners seeking a learning environment, which is flexible, has challenging curriculum, provides a supportive learning environment and is a top-rated college to attend. University of Phoenix has five goals that help students understand what key subjects are essential to his or her education; professional competence and values, critical thinking, problem-solving, communication, information utilization, and collaboration (University of Phoenix, 2011). University of Phoenix primary activities related to value chain analysis is apparent; the learning environment has been constructed. An online campus is available for those adult learners not able to attend an educational campus. The value chain support activities are readily available for any student to research via University of Phoenix website or by calling an academic counselor who can provide information and answer any student or potential students’ question or concern. Primary Activities University of Phoenix was technologically created so learners are provided the same learning experience as those students who attend on-campus classes. Virtual students can feel they are provided the same learning environment and are just as engaged as if sitting in a classroom. This technological edge gives University of Phoenix a competitive advantage over many other universities not offering virtual classrooms or just started to implement virtual learning. Dr. John Sperling, a Cambridge-educated economist and professor-turned-entrepreneur, established University of Phoenix in 1976. He saw an opportunity to cater to working adults seeking higher education by offering convenient class times at local sites (University of Phoenix, 2011). University of Phoenix is the nation’s largest private university, offering undergraduate and graduate degree programs at more than 200 locations as well as online in most countries around the world (University of Phoenix, 2011). Support Activities Many organizations use some type of support services put into place to help the people who need it. At University of Phoenix, there are support systems to help the students who require help. Most of the students at University of Phoenix are online students and the need for technical support and help desks are extremely important to facilitate with the success of the student. When students and instructors need to meet deadlines, the most important system in place is technical support. UOPX even has help desks for the student or teacher help him or herself instead of talking to a support specialist. Often this list is full of questions that can help solve many common problems. University of Phoenix has numerous types of help desks for the students not just for technical questions. (Regan and O’Connor, 2002. p. 246). UOPX has enrollment specialists and staff members available to help the student enroll in the program they are seeking and properly prepare for the upcoming course. Because University of Phoenix is predominantly online campus, help desks and technical supports are necessary from the start of the course to graduation to ensure the success of the instructors and students. These systems are in place and are usually 24 hours so that help is available when needed. Innovative Approaches University of Phoenix uses innovative approaches toward higher learning and uses the business technology to help them approach new information and old. Data mining is utilized by the business world to help them discover how customers like or dislike a certain product or process; University of Phoenix uses data mining to find new and old information that can be used in classes. Harvard Business School is considered one of the top business schools in the world; the professors teach information that can be useful in all business schools. The information taught by the Harvard professors is available online and in websites like those that are available in the UOPX library. By collaborating with sites like EBSCOhost, Gale PowerSearch, and ProQuest students can research information that has been reviewed by professionals from different sources. Another source of information and also a source of friendship that helps the University of Phoenix with communication, learning, and camaraderie are the e-mail, individual class threads. In addition, the new phoenix connect forums that allow students and faculty to keep in touch with each other. The online learning environment is new to many students and the idea that a person can receive his or her bachelorettes’ in an online class is hard for the professional world to grasp. According to a study about the online learning experience, â€Å"In comparing students who had and who had not completed online courses, Dobbs, Waid and del Carmen (2009) found that students who had completed online courses viewed the online experience as positive, would likely take more online courses and wished faculty would put more materials online† (Deggs, Grover & Kacirek, 2010). With this in mind, the online education experience is improving and using more technology to help students gain access to the material that is available. Internet Use University of Phoenix uses the Internet to recruit staff, for customer service and marketing purposes. In the instance of recruitment of new staff, one can find job listings on careerbuilder.com and the phoenix.edu site. This is an added benefit for University of Phoenix to uses the Internet to reach a larger demographic of potential staff. Staff recruiters are available via e-mail if there are questions or concerns. University of Phoenix is quite transparent and open for comments and suggestions. When dealing with marketing, one can stumble across a non-University of Phoenix site and see a banner that can be clicked on to, acquire information about the school. â€Å"University of Phoenix is recognized as the pioneer of online higher education and has been at the forefront of advancing education through technology for more than 30 years† (Mary Berry, UOPX). With Phoenix Connect alone, University of Phoenix is not only tackling customer service for students but also a marketing tool for the university. Banners, blogs, videos, and social networking are exceptional ways that University of Phoenix has used the Internet. Potential students want to know that the university is on the cutting edge and can provide a quality education. By having these avenues to research and learn online are additional advantages and benefits to students and potential staff. Organizations to Move University of Phoenix must remain a dynamic organization with regard to technology. Using Michael Porter’s Value Chain model, technology is a key support system that influences each of the value chains (NetMBA: Business Knowledge Center, Strategy, 2010). For University of Phoenix to continue to look ahead to future opportunities for growth the outbound logistics and operations units will need to adapt to change. The operations value chain for UOPX is the transformation of the raw materials into a finished product or service. This correlates to the network and infrastructure that UOPX uses today. Advances in technology affect UOPX more than most organizations because they rely on this technology as a primary support system to present the finished product to its customers. Technology advances to increase productivity and service will enhance the website, increase the efficiency and speed of service, introduce new tutorials, and change the design and brand of the network used by students. How the product is delivered describes Porter’s outbound logistics value chain (NetMBA: Business Knowledge Center, Strategy, 2010). Brick and mortar organizations would refer to this as the packaging and presentation. Phoenix presents this value chain as the online experience it provides the students. Enhancements and technology upgrades to the library, blogs, academic advisory center, and access to the writing and mathematics center for excellence contribute to the online presentation that UOPX provides for the students. Advancements in technology will drive change with Phoenix because it is more than just a support system for the value chains. People upgrade technology at home and at work via communication media, smart phones, and wireless technology. UOPX must embrace this change and adapt it to the current model to remain current with the expectations of its customers and faculty. Embracing this change will ensure that UOPX is keeping pace with the expectations of the public, and stay ahead of competition using technology as a point of difference. Manager Responsibility An essential part of organizational change is the learning curve involved in the implementation plan within the organization. The four phases consist of vital key components involved within managements grasp include unfreezing change, learning, change, and refreezing. Unfreezing change is the management skill of making sure that all parties involved within the change ahead, are current, and prepared for the learning curve ahead. Management must create urgency for the need to change toward each individual. The second phase will include a period of learning. This will be considered the urgency brought upon by the first phase of needing to be prepared for adaptation of change. During this period, the change will focus on changing the old attitude so that each individual is acclimated for the new company vision. Vision during the implementation phase is extremely important to guide each individual. The next phase is called the change phase that takes place after the unfreeze phase. The most optimal time to introduce this phase is once everyone has communicated his or her differences or concerns about the phase. This will include organized meetings within the company to brainstorm within each department. Final phase of this process is called the refreeze phase. The refreeze phase will inclusively bring together the entire process and knowledge gathered by each process. Staff will be encouraged to attend the advanced training sessions created to make the change possible. Through attending these sessions or training classes, each employee will unknowingly become more comfortable with the change. Implement Change Participation will allow employees to be part of the planning and implementation process; he or she can contribute to identifying and understanding the goals of the strategic plan. Education is another factor to help overcome resistance to change from employees. Leaders should educate employees about the strategy before and during the implementation process. Education is a method that supplies individuals with information he or she needs to understand the reason for change. A method a leader can use in the negotiating process is to identify and offer incentives to individuals who resist change such as giving him or her important role in the implementation process. Management and Knowledge Every business needs a good manager to be successful. Without a knowledgeable manager the business will not thrive. One of the most important jobs of a manager is the ability to find and recruit new employee’s that will be able to aid in the success of the business (Change Management Learning Center, 1996-2011). Once the manager has the employee trained and ready to work, the manager will need to have the knowledge to manage the employees. Successfully managing employees is not easy and would require the knowledge of the laws and regulations of employee’s rights. The employees represent the business and are the people that the customers turn to for help. If properly trained and managed the employees will be a huge reason that customers will be loyal. Customer loyalty is partly based upon how much the customer can trust and rely on the business. So training employees to be the best representatives is the absolute most import job of a manager. Managers are also responsible for overseeing the daily business to include stock and supply. It is important for a business not to run out of anything that will help them be successful. The manager must oversee that equipment is staying in good repair and that all the employees be responsible for his or her own duties. Also when needed a manager must restructure any plan or process not working up to standards. Because of changing times and constant technological upgrades new processes are a must, and where there is new processes there must also be new training to learn new processes. The manager is the one person who everyone goes to, when there is an issue or problem it is the manager’s expertise and knowledge that will help the employees to have a good working condition Areas of Manager Knowledge At University of Phoenix, management must be knowledgeable of process re-engineering and restructuring, innovating application of goods and services approaches to managing employees as a vital element in the value chain, methods of achieving, and maintaining customer loyalty. To remain and compete as one of the top nation’s largest private universities offering degree programs in 200 locations as well as online courses in many countries around the world. An organization must be aware of what consumers want and need to keep up with the changing times and remain successful. â€Å"Planning is specifying the goals to be achieved and deciding in advance the appropriate actions needed to achieve those goals† (Bateman & Snell, 2009) . In today’s world of technology, University of Phoenix must be able to invent new ways of advancing the company, coming up with competitive advantages while staying progressive, looking for revolutionary technological advances. Planning involves analyzing current situations as well as projecting and estimating future requirements. Company Preparedness Top management in any company has the responsibility to communicate the organization’s vision and guide strategic planning. Consistent and clear communication with team members is other key factors to identify desired outcomes. Leaders will achieve success by simply communicating with the team his or her shared vision, achieving milestones, and celebrating large, or small wins. Team members should share in the vision without fear of reprimand because he or she voices an opinion or challenges premises. Internal Resistance Organizations understand that changes in technology are a constant in today’s business. Management needs to understand that with those changes individuals will react differently depending on how the information is conveyed to the employee. Management understands that individuals will have issues or concerns with new technology changes in the workforce. Individuals who have those issues or concerns should understand that management has his or her best interest in mind when making those changes. Organizations that have a direct communication style with those individuals will ask members of his or her staff what his or her thoughts are with the new change. This will give direct feedback regarding what individuals think about the changes. Individuals, who express those concerns, are more apt to understand the change and move forward. Managers who will use this style can understand that not all members of his or her staff will express his or her concern. Management should develop a straight talk with individuals when he or she has gathered information about any changes in technology within the organization. Management should be straightforward with individuals when the information is needed to be communicated with individuals so that the individual can understand the change and how this will affect his or her job. Employees who are included with developing changes will understand those changes and work on developing a positive attitude toward those changes. Management should understand that some individuals will not understand the changes and do not want to make those changes. Individuals who are part of those groups should be addressed as individuals who need extra attention and understand what concerns that he or she has. Those individuals are people who do not understand those changes and should have extra training to help those individuals with his or her issues. Management should include trainers with any new change in technology so that individuals could be trained on the new processes with the company. Trainers with a hands-on approach with employees are a tool that can assist with the negativity an employee may experience. Employees will be more open to express his or her concern with a coworker who is a trainer. The trainer can take that information and pass it on to management. Management can sit down and come to positive conclusions for all parties involved to provide better solutions to employees. The solution to resistance from employees during technology changes can be implemented differently. It depends on the individual and not every individual will be positive with any change in an organization with technologies. Management needs to let people know the benefits of those changes, and involve as many people as possible to ensure people can understand the changes. Involvement and open talk with employees with make the resistance dwindle as much as possible. Management must prepare for those changes and be open with individuals to show him or her change. Effective Communication of Change Companies are prone to change regardless of how hard an organization attempts to limit changes. Companies like University of Phoenix embrace change because they know it drives the competitive edge. Recently University of Phoenix went under some drastic changes for the betterment of the school and most important the students. This was highlighted in the media as well as on the Internet. One example of how the university effectively communicated changes was by having their representatives speak to the media and reporters about why they were changing compensation for employers and eliminated staff members. The following is a statement from a representative at University of Phoenix about changing compensation, â€Å"We are the first to do so among proprietary schools, and it is an important change that is clearly something that regulators and policy makers in Washington want to see† (De Groote, Michael of Deseret News). This statement alone lets any potential student know that the reason for the change is to align with what the government wants to see. This puts in the customers mind that the UOPX is serious about abiding to guidelines and policies. Making such a statement is a bold move and advantageous in creating the competitive edge for the university. Because the university is the first to make such a change this allows students whether new or old, know they are serious about the accreditation of the school. They proved this by making a tough decision even though it may have displayed weakness but were essential at the time. Ownership UOPX markets itself as an accredited institution that provides education at the highest level. It provides students an online library with resources that represent the integrity of the university and the product UOPX delivers to its students. This information and the content provided represent the outbound logistics and the sales and marketing value chain for University of Phoenix. The university packages this information to attract students to the benefits and value of the product. Accuracy, quality, and flow of this information (outbound logistics) will determine the success of this value chain and the impact on the entire system. If this value chain breaks down the synergy of the organization will be lost. The raw materials and operations value chains can be managed perfectly but if the logistics of the customers’ access to this information is flawed, UOPX will fail. More important, technology becomes a key support to this value chain because the content, accuracy, and accessibility of this information is a primary point of difference for UOPX. Leaders must have excellent communication with the technology team and logistics team to coordinate the product in a way that offers value to the student but not overwhelming him or her with complicated application to access the information. Accuracy and quality of the information will reflect the sales and service value chain. UOPX markets itself as an institution that affords students every benefit of a traditional brick and mortar university. With that statement UOPX must ensure that all information obtained from the students complies with privacy regulations and material found within the university library is credible. Communicate Change University of Phoenix is at the forefront of technology in an educational environment. The company is continually looking for the best technology to be used in the adult education field. To stay at the top as the largest private university the organization must be able to communicate internally with employees and externally with customers. Different resources reach out to different individuals. Apollo Group is the parent company of University of Phoenix. Within the walls of the company Apollo group uses several ways to communicate with employees about technology changes coming down the road. The organization uses both broadcast e-mail as well as individual e-mail to relay information on technology researched, beta tested, and progressed pertaining to the implementation plan. The organization uses an internal website and network to allow employees to learn more about different projects and give input to the project teams. Employees can access training materials for the new technology implemented or considered for implementation. Social Contract Social contract will meet these principles of social contract through actively contributing revenue earned through the successful implementation of new technology. This shows the benefit rather than just the revenue by exemplifying to the public that this company is in support and contributes to welfare of society and not just focused on maximizing profit. University of Phoenix’s annual report will highlight the progress of our social responsibility on many levels. Including furthering members of society education, minority help, donations to arts, and social welfare agencies that will improve many social conditions. Through implementing a well planned/organized technology, these standards of ethical issues will be met. Ethical issues concur with the science of human duty to one another. Giving social responsibility to society exemplifies an easy and unique decision for our future investors. â€Å"Primary functions, such as product research and development, production, and marketing; and support functions, such as human resources, public relations, and information systems† (Regan & O’Connor, 2002, p. 17) are extremely important primary functions involved in actively and directly involving the production and marketing for this product. The IT department expanded to other departments of the new technology will correlate a focus on organization-wide management to develop skills of knowledge management in training and development issues. Ownership Any organization has social responsibilities to the community and the employees. Technology plays a role in that responsibility. Not only does University of Phoenix use technology to service its customers but also to help the employees of Apollo group. The University of Phoenix uses secure technology programs to transmit information with the Department of Education and Direct Loans. The student’s social security number, birth date, contact information, and sometimes banking information must be secure. Personal information must be protected because of privacy rights set in place by the federal government. One of the largest reasons to protect this information is identity theft. This would be the biggest failure of social responsibility. Technology Technology is used to help employees as well. Apollo group employs people across the nation. Human resources to provide benefits and pay to all employees use technology. Paperwork for different types of leave is transmitted electronically. Changes in personal information are kept on the human resources website. The University of Phoenix uses technology to improve and support the well-being of the employees. Through the internal intranet system, the employees have access to resources to become healthier, physically, and mentally. Through the same HR site, employees can view paychecks, vacation, sick hours, change personal information, and complete training. Technology is continually being used to help employees. Many items have to consider when researching going global. In fact, the world is becoming a smaller place in terms of business. With all the new technology, it is easy for a business to be productive in other countries. E-mail, video teleconferencing, the Internet, and e-commerce are some of the methods used by businesses so that they can be in more than one place. Many rules apply that may make the transition difficult if not known. Possessing an IT manager is a must when going global because of the rules and regulations of other countries for the Internet. Web accessibility in some countries is limited that would make setting up the Internet in another country difficult. Each country has policies and procedures that must be followed in order for use of the Internet to be used (W3C Web Accessibility initiative, 25 August 2006). This means that a company should understand the policies and procedures before they purchase their property in the country. Being online will be one of the m ost important tasks this business will have. Without the use of the Internet the business will be, blind so to speak from their sister locations, and this may pose a problem to the company. The long term effects of cultural and languages differences on a company’s business operations can be positive and negative for an organization depending on how that organization is prepared for that development. Organizations must understand the countries culture when expanding to that country. Different cultures have different customs that is acceptable and unacceptable in that country. The long-term effect of an organization moving into a country and conducting business not fully aware of those habits and customs in that country can result in very negative for that organization. Different nations have different customs that he or she is accustomed too. If an organization crosses those lines in the form of the employee, those employees will not work as effetely as he or she should. This happens because of an individual upset with the organization and spending more resources complaining about what had happen. This result for the organization will take time to resolve to make things work for the better. That organization must communicate with the employees and other members of the community what the goal is for the organization. If the goal is positive for both the organization and country than that business will result in a win-win solution for everyone involved. In an organizations standpoint it should be able to communicate effetely so that miscommunication cannot accrue. If an organization does have miscommunication, the organization must be able to correct that miscommunication as quickly as possible to save the organization from down time. Organizations can benefit from expanding globally if it is done correctly. The correct way to do this is to have research done on the country that the organization is looking to expand. This will ensure that the organization is successful in working with that organization. The long-term effect for doing business that must expand to stay competitive is positive for the organizations and expands employment for other people involved. Expansion is a necessity for organizations. With that necessity, the expansion should have the research needed to support effective communication within that organization. Ownership UOPX markets itself as an accredited institution that provides education at the highest level. It provides students an online library with resources that represent the integrity of the university and the product UOPX delivers to its students. This information and the content provided represent the outbound logistics and the sales and marketing value chain for University of Phoenix. The university packages this information to attract students to the benefits and value of the product. Accuracy, quality, and flow of this information (outbound logistics) will determine the success of this value chain and the impact on the entire system. If this value chain breaks down the synergy of the organization will be lost. The raw materials and operations value chains can be managed perfectly but if the logistics of the customers’ access to this information is flawed, UOPX will fail. More important, technology becomes a key support to this value chain because the content, accuracy, and accessibility of this information is a primary point of difference for UOPX. Leaders must have excellent communication with the technology team and logistics team to coordinate the product in a way that offers value to the student but not overwhelming him or her with complicated application to access the information. Accuracy and quality of the information will reflect the sales and service value chain. UOPX markets itself as an institution that affords students every benefit of a traditional brick and mortar university. With that statement UOPX must ensure that all information obtained from the students complies with privacy regulations and material found within the university library is credible. Communicate Change University of Phoenix is at the forefront of technology in an educational environment. The company is continually looking for the best technology to be used in the adult education field. To stay at the top as the largest private university the organization must be able to communicate internally with employees and externally with customers. Different resources reach out to different individuals. Apollo Group is the parent company of University of Phoenix. Within the walls of the company Apollo group uses several ways to communicate with employees about technology changes coming down the road. The organization uses both broadcast e-mail as well as individual e-mail to relay information on technology researched, beta tested, and progressed pertaining to the implementation plan. The organization uses an internal website and network to allow employees to learn more about different projects and give input to the project teams. Employees can access training materials for the new technology implemented or considered for implementation. Social Contract Social contract will meet these principles of social contract through actively contributing revenue earned through the successful implementation of new technology. This shows the benefit rather than just the revenue by exemplifying to the public that this company is in support and contributes to welfare of society and not just focused on maximizing profit. University of Phoenix’s annual report will highlight the progress of our social responsibility on many levels. Including furthering members of society education, minority help, donations to arts, and social welfare agencies that will improve many social conditions. Through implementing a well planned/organized technology, these standards of ethical issues will be met. Ethical issues concur with the science of human duty to one another. Giving social responsibility to society exemplifies an easy and unique decision for our future investors. â€Å"Primary functions, such as product research and development, production, and marketing; and support functions, such as human resources, public relations, and information systems† (Regan & O’Connor, 2002, p. 17) are extremely important primary functions involved in actively and directly involving the production and marketing for this product. The IT department expanded to other departments of the new technology will correlate a focus on organization-wide management to develop skills of knowledge management in training and development issues. Ownership Any organization has social responsibilities to the community and the employees. Technology plays a role in that responsibility. Not only does University of Phoenix use technology to service its customers but also to help the employees of Apollo group. The University of Phoenix uses secure technology programs to transmit information with the Department of Education and Direct Loans. The student’s social security number, birth date, contact information, and sometimes banking information must be secure. Personal information must be protected because of privacy rights set in place by the federal government. One of the largest reasons to protect this information is identity theft. This would be the biggest failure of social responsibility. Technology Technology is used to help employees as well. Apollo group employs people across the nation. Human resources to provide benefits and pay to all employees use technology. Paperwork for different types of leave is transmitted electronically. Changes in personal information are kept on the human resources website. The University of Phoenix uses technology to improve and support the well-being of the employees. Through the internal intranet system, the employees have access to resources to become healthier, physically, and mentally. Through the same HR site, employees can view paychecks, vacation, sick hours, change personal information, and complete training. Technology is continually being used to help employees. Many items have to consider when researching going global. In fact, the world is becoming a smaller place in terms of business. With all the new technology, it is easy for a business to be productive in other countries. E-mail, video teleconferencing, the Internet, and e-commerce are some of the methods used by businesses so that they can be in more than one place. Many rules apply that may make the transition difficult if not known. Possessing an IT manager is a must when going global because of the rules and regulations of other countries for the Internet. Web accessibility in some countries is limited that would make setting up the Internet in another country difficult. Each country has policies and procedures that must be followed in order for use of the Internet to be used (W3C Web Accessibility initiative, 25 August 2006). This means that a company should understand the policies and procedures before they purchase their property in the country. Being online will be one of the most important tasks this business will have. Without the use of the Internet the business will be, blind so to speak from their sister locations, and this may pose a problem to the company. The long term effects of cultural and languages differences on a company’s business operations can be positive and negative for an organization depending on how that organization is prepared for that development. Organizations must understand the countries culture when expanding to that country. Different cultures have different customs that is acceptable and unacceptable in that country. The long-term effect of an organization moving into a country and conducting business not fully aware of those habits and customs in that country can result in very negative for that organization. Different nations have different customs that he or she is accustomed too. If an organization crosses those lines in the form of the employee, those employees will not work as effetely as he or she should. This happens because of an individual upset with the organization and spending more resources complaining about what had happen. This result for the organization will take time to resolve to make things work for the better. That organization must communicate with the employees and other members of the community what the goal is for the organization. If the goal is positive for both the organization and country than that business will result in a win-win solution for everyone involved. In an organizations standpoint it should be able to communicate effetely so that miscommunication cannot accrue. If an organization does have miscommunication, the organization must be able to correct that miscommunication as quickly as possible to save the organization from down time. Organizations can benefit from expanding globally if it is done correctly. The correct way to do this is to have research done on the country that the organization is looking to expand. This will ensure that the organization is successful in working with that organization. The long-term effect for doing business that must expand to stay competitive is positive for the organizations and expands employment for other people involved. Expansion is a necessity for organizations. With that necessity, the expansion should have the research needed to support effective communication within that organization. To allow a company to grow, the expansion globally may need to take place. Whereas this would be an excellent feat to take on, there are technology issues that can occur in the process. It is best to prepare oneself for any technology issue that may arise. First, it is important to understand where the company plans to spread globally and if that country is capable of meeting the standard s required in the United States. One issue that may arise is some â€Å"countries lack the infrastructure to support such technology† (Encyclopedia of Business, p. 1). If this occurs, a solution may be establishing intermediate technology for the time being. Another problem could be security when business is conducted online. Other countries may not uphold the same privacy acts as The United States therefore customers could suffer because of this. One key issue would be the Internet and how quickly information can be communicated. Looking at University of Phoenix the online students would suffer in another country if they did not have comparable Internet to the United States. This would hinder their schooling, and this would not be something the university would want for the student. Another factor would be the time difference and tech support available for students who need it in other time zones. Hence, it is crucial to research and know the location thoroughly so these technology issues would not take place. Team C completed extensive research on University of Phoenix’s technology plan and current upgrades. UOPX has a business description of giving all individuals the chance to receive a degree to improve his or her marketability and improving his or her lively hood. Technology has an enormous impact on UOPX because a majority of students attends classes on-line. The university has a stringent policy on proper conduct of students and faculty. UOPX requires and expects all stakeholders to respect and treat all students and employees with proper etiquette. In addition, UOPX has students and instructors around the world. This requires UOPX to establish technology and support staff that is well versed in the technology that is used by all stakeholders. UOPX has consistently been on the for-front of technological advancement for on-line classes. The university has consistently sought out the best and brightest individuals in the technology field to stay ahead of all other on-line universities. Because of being on the for-front, UOPX has continued to set the standard with-in the for-profit universities. References Information Systems and Technology Articles. (2011, April). Wireless Infrastructure: Can our Current System Handle Bandwidth Demands. Retrieved from http://www.phonix.edu University of Phoenix. (2011). Introducing PhoenixConnect: The University of Phoenix Academic Social Network. Retrieved from http://www.phoenix.edu/colleges_divisions/business/articles/2011/01/introducing-phoenixconnect-the-university-of-phoenix-academic-social-network.html Regan, E., & O’Connor, B. (2002). End-User Information Systems: Implementing Individual and Work Group Technologies. [University of Phoenix Custom Edition e-Text]. : A Pearson Education Company. Retrieved from chap7,pg.6 , TEC401 website. Deggs, D. Grover, K. Kacirek, K. (Sep. 2010) EXPECTATIONS OF ADULT GRADUATE STUDENTS IN AN ONLINE DEGREE PROGRAM. College Student Journal, 01463934, Sep2010, Vol. 44, Issue 3 retrieved June 4, 2011 from EBSCOhost Bateman, T.S., & Snell, S.A. (2009). Management: Leading and Collaborating in a Competitive W orld. (8th ed.) McGraw-Hill. University of Phoenix, (2006-2011), retrieved on June 2, 2011 from http://www.phoenix.edu/ Change Management Learning Center. (1996-2011). An Overview of Change Management. Retrieved from http://www.change-managment.com/change-managment-overview.htm http://www.deseretnews.com/article/700088460/University-of-Phoenix-enrollment-drops-because-of-changes-to-enrollment-recruiting-practices.html NetMBA: Business Knowledge Center, Strategy. (2010). The Value Chain. Retrieved from http://www.netmba.com W3C Web Accessibility initiative. (25 August 2006). Policies Relating to Web Accessibility. Retrieved from http://www.w3.org/WAI/Policy Regan, E. A., & O’Connor, B. N. (2002). End-User Information Systems: Implementing Individual and Work Group Technologies (2nd ed.). Pearson, NY: Prentice-Hall.

Thursday, August 15, 2019

Cola Wars Study

Cola Wars: PepsiCo Dr. Michelle Biavatti 13 de octubre de 2009 Omar Sandoval Pina 119084 Mikel Novella Salazar 116656 Marisol Perez Chow 118631 Jorge Villanueva Almanza 121027 Gerardo Rafael Nomara Parra 119176 Indice Resumen Ejecutivo†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 3 *Identificacion de la industria†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦*†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 4 Analisis Externo General†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 4 Modelo de las Cinco Fuerzas de Porter†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 6 Ciclo de v ida de la industria y rentabilidad†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 8 Amenazas y Oportunidades†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 9 Recursos y capacidades †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 12 Analisis VRIO†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 12 Analisis FODA†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 14 Modelo Hambrick & Fredrickson †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 17 Conclusiones y propuesta de estrategia†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 18 Pros y contras de la estrategia propuesta†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 18 Resumen Ejecutivo. Dentro de este trabajo, analizaremos la situacion actual de la industria de las bebidas carbonatadas. Esta industria se ha visto amenazada principalemente por un aumento en la demanda de bebidas no carbonatadas, aunque tambien la rivalidad dentro de la industria es una amenaza importante que tomaremos en consideracion para la aplicacion de nuestra estrategia. Comenzaremos tomando en cuenta la industria en el que se lleva a cabo la competencia entre firmas establecidas, los recursos de Pepsi para afrontar las amenazas y aprovechar las oportunidades que se presentan en dicha industria. Con esta informacion analizaremos las fuerzas, las oportunidades, amenazas y debilidades a las que se enfrenta Pepsi y propondremos una estrategia para neutralizar y convertir en fortalezas las debilidades y las amenazas. Las estrategias aqui propuestas estan basadas en el modelo propuesto por Hambrick y Fredrickson, orientadas a las arenas en las que se desempena la empresa, los pasos a seguir para la aplicacion de estas, los diferenciadores que ayudaran a la empresa a alcanzar la ventaja competitiva, y los vehiculos para alcanzarla. Tambien tomaremos en consideracion la logica economica detras de las estrategias planteadas para lograr obtener altos dividendos. Despues de realizar un estudio del entorno de la industria, detectamos los canales de distribucion como una fortaleza que Pepsi posee y que puede aprovechar para neutralizar la amenaza de productos sustitutos por medio del posicionamiento de las bebidas no carbonatadas de la marca. Al utilizar esta estrategia, Pepsi conservara su participacion en el mercado, conservando a Pepsi-Cola como producto estandarte de la marca. Aplicar esta estrategia le costara a Pepsi poco dinero y una cantidad considerable de tiempo y esfurezo. Tambien Pepsi puede diversificar su publicidad de acuerdo a las areas geograficas a las que se quiere enfocar y el tipo de bebidas (carbonatadas o no carbonatadas) que se prefieren en dichas areas. Industria- Pepsi se encuentra en la industria de las bebidas carbonatadas y a lo largo del tiempo ha ido penetrando el mercado de las no carbonatadas y frituras. Evaluating Firms External Environment 1. – Specific international events. Pepsi logro entrar al mercado europeo despues de la Segunda Guerra Mundial, ya que la Union Sovietica y los arabes excluyeron a Coca Cola 2. – Demographic trends: En 1963, Pepsi lanzo la compana Pepsi Generation, que se enfoca a la gente joven y joven de espiritu, utilizando imagenes como autos deportivos, motocicletas, helicopteros, un slogan penetrante asi imagenes de celebridades como Britney Spears. El aumento de la poblacion en paises como China conlleva un aumento en el rendimiento de Pepsi. 3. – Legal and Political Conditions: En las operaciones internacionales, Pepsi sufrio diversos obstaculos debido a la inestabilidad y regulaciones politicas, controles de precios, restricciones publicitarias, control de importacion de productos. Para enfrentar estas adversidades, en India, por ejemplo, Pepsi concedio derechos de exclusividad en la distribucion de sus productos al hombre mas rico en dicho pais. En 1941 la corte declino a favor de Pepsi despues de la demanda que Coca Cola impuso en relacion a una infraccionsobre la marca registrada de Coca. En 1971 la Comision Federal de Comercio inicio acciones en contra de 8 corporaciones acusandolos de tener territorios exclusivos otorgados a empresas embotelladoras, lo cual obstaculizo la competencia entre firmas. 4. – Technological Change: Los cambios en la tecnologia dieron a Pepsi la posibilidad de producir por medio de la osmosis inversa, en lugar de extraccion de agua de manantial. La inversion por parte de Coca y Pepsi en fuentes de sodas para una mayor distribucion conllevo una publicidad pagada, mayor presencia de marca y mayores rendimientos. El cambio de Coca, imitado por Pepsi tres anos despues, de utilizar jarabe como insumo en lugar de azucar, conllevo una reduccion de los costos para la produccion de bebidas de Cola. 5. – Cultural Trends: Americanos tomaban mas soda que cualquier otra bebida. Consumidores empezaron a cambiar sus gustos, de sodas normales a sodas dieteticas, tes y otras a base de no carbonatos, lo que produjo que Pepsi expandiera su gama de productos. 6. – Economic Climate: La Gran Depresion del 29 llevo a Pepsi a la bancarrota. Con esto, Pepsi redujo el precio de la presentacion de 12 onzas a 5 centavos, siendo este el mismo precio que Coca cobraba por su presentacion de 6. 5 onzas. Esto permitio a Pepsi su recuperacion. Analisis de las cinco fuerzas de Porter Rivalidad en la industra, firmas establecidas {text:list-item} {text:list-item} {text:list-item} {text:list-item} {text:list-item} {text:list-item} {text:list-item} {text:list-item} {text:list-item} El nivel de rivalidad entre las firmas establecidas es alto. Poder de negociacion de los compradores. text:list-item} {text:list-item} {text:list-item} El poder de negociacion de compradores es bajo Poder de negociacion de los proveedores. {text:list-item} {text:list-item} {text:list-item} {text:list-item} {text:list-item} {text:list-item} {text:list-item} {text:list-item} El poder de negociacion de los proveedores es bajo. Amenaza de Futuros Competidores. {text:list-item} {text:list-item} {text:list-item} {text:list-item} {text:list-item} {text:list-item} {text:list-item} {text:list-item} La amenaza de futuros competidores en baja. Amenaza de sustitutos. text:list-item} {text:list-item} {text:list-item} La amenaza de sustitutos es alta Complementos El caso no provee informacion acerca de productos complementarios. Ciclo de vidad de la industria y rentabilidad La industria se encuentra en una etapa de madurez y es poco rentable para los futuros competidores. Para las marcas ya establecidas es rentable porque las barreras de entrada son altas, la amenaza de sustitutos es alta, el poder de negociacion de los proveedores es bajo y el poder de negociacion de los clientes tambien es bajo, a pesar de que la amenaza de sustitutos es alta. Amenazas, oportunidades, fortalezas y amenazas Oportunidades O1. En su momento, la disminucion de la demanda de Coca Cola al cambiar la formula. (no fue aprovechada en su momento) O2. El escandalo de Coca Cola debido a que muchas personas se enfermaron por las bebidas y por discrimacion racial. (no aprovecharon este escandalo) O3. Existian mercados emergentes O4 Warehouse delivery system de marcas libres representaba mas costos para clientes O5 Venta a restaurantes por medio de fuente de sodas era extremadamente rentable O6 Explotar el mercado familiar O7 Explotar el mercado juvenil O9 Producir sus propias latas reduciria sus costos Amenazas A1. Coca Cola fue pionero en los enfriadores, dispensadores de maquinas de refrescos y maquinitas de refrescos. A2. La creciente popularidad de productos sustitutos como te, cafe, leche, jugos, y otras bebidas no carbonatadas (cambio de preferencias) A3. El exito e introduccion de Diet Coke A4. Coca Cola regresa a su formula original con el nombre de Coke Classic (no hizo nada al respecto) A5. Coca Cola dominaba sobre Europa occidental, America Latina A6. Coca Cola era el mas grande productor de bebidas carbonatadas a nivel internacional. A7. El crecimiento en Estados Unidos de las ventas de Cola parecen haberse estancado. A8 Demanda de productos que no eran cola A9 master bottler contract de coca cola le permite establecer precios y condiciones de venta A10 Amenaza por parte de la comision federal de comercio por practicas anti competitivas en 1971 A11 Gran Depresion A12 Obstaculos en las operaciones internacionales A13 Coca utilizo jarabe en lugar de azucar A14 Coca invirtio 100 mdd mas en publicidad A15 Coca introdujo 11 nuevos productos 1980 A16 La publicidad de coca cola orientada a un estilo de vida en los consumidores A17 Coca Cola establece el franchising system A18 Canales de distribucion ineficientes Fortalezas F1. â€Å"Direct Store Door† delivery F2. el master bottling agreement le concedio a pepsi el poder de determiner los precios terminos y condiciones de la compra de materia prima. F3. El congreso concedio derechos de exclusividad territorial por medio del â€Å"Soft Drink Interbrand Competition Act† en 1980 F4. Pepsi adquiere Pizza Hut, Taco Bell, y Kentucky Fried Chicken y despues de venderlos conserva los derechos de distribucion y ademas conserva frito lay. F5. Baja de Precios debido a la gran depresion F6. Diversidad en sabores de pepsi a partir de los 60 F7. Introduccion de la Botella Tamano familiar de 26 onzas F8. pepsi generation F9. Pepsi invierte en Campanas publicitarias ( como pepsi challenge, pepsi generation y celebridades ) F10. Tres anos despues, pepsi utiliza tambien jarabe. F11. Pepsi introdujo 13 nuevos productos F12Produccion de bebidas no carbonatadas F13 Pepsi Bottling System F14 Utilizo estrategias de mercado para aprovechar los mercados emergentes F15 Pepsi esta en la industria de las sodas desde 1893. F16 Pepsi imito la tecnologia de enfriadores y dispensadores de sodas F17 Sistemas novedosos para distribucion en nuevos mercados ( India ) Debilidades D1. Mientras coca cola tenia el 65% de las ganancias en las ventas de fuentes de sodas, pepsi unicamente tenia el 21%. D2. Al integrarse hacia atras aumentan los costos de produccion D3 Introdujo la pepsi de dieta en 1964 pero no alcanzo el nivel de popularidad D4 Ineficiencia en la explotacion de clientes insatisfechos de Coca Cola Recuros de la empresa y modelo VRIO Analisis FODA Modelo de Hambrick & Fredrickson {text:list-item} {text:list-item} Vehicles {text:list-item} {text:list-item} Differentiators {text:list-item} {text:list-item} Staging {text:list-item} {text:list-item} {text:list-item} {text:list-item} Economic Logic 10. {text:list-item} {text:list-item} {text:list-item} {text:list-item} Conclusiones y estrategia planteada Pros de la estrategia planteada {text:list-item} {text:list-item} {text:list-item} Contras de la estrategia planteada {text:list-item} {text:list-item} {text:list-item}

Wednesday, August 14, 2019

Literary Analysis of Romeo and Juliet Essay

The essay is a literary analysis of the play Romeo and Juliet. The format is Point, Proof and Explanation. The question was â€Å"What factors and/or characters lead to the eventual demise of Romeo and Juliet† I used Lady and Lord Capulet, Juliets Nurse, and Friar Laurence. There are direct quotes from the play as well that are relevent. It is 929 words in length Shakespeare’s play, Romeo and Juliet presents readers with the story of a tragically doomed love. It is the story of two teenagers’ who fall in love and the people and circumstances that prevent them from being together. Four characters in particular, namely Lady and Lord Capulet, Juliet’s nurse, and Friar Laurence, played a significant role in the destruction of the main characters and young lovers, Romeo and Juliet. These characters, through acts of selfishness, betrayal and authority over the young lovers led to their desperate actions and ultimate death. Lady and Lord Capulet, Juliet’s mother and father contributed to the events leading to the demise of Romeo and Juliet right from the beginning of the play.. Juliet’s father, Lord Capulet, creates a faà §ade about how much he loves and cares for his daughter when in reality he demonstrates that he really does not have her best interest at heart. In the beginning of the play, Lord Capulet says to Paris, (the nephew of the prince of Verona, who would bring the Capulet family power and prestige if he marries Juliet): â€Å"My child is yet a stranger in the world, she hath not seen the change of fourteen years; Let two more summers wither in their pride, Ere we may think her ripe to be a bride.† (II, ii, 8-11). This gives the reader the impression of a caring and considerate father, who is concerned about his child’s well being and is concerned that she is too young to be married. Yet, by the end of the play, when Juliet stands up to her father and says she does not want to marry Paris, he becomes angry with her and says â€Å"†¦Disobedient wretch!/I tell thee what, get thee to church o’Thursday [to marry Paris]/Or never after look me in the face†(III, v, 160-163). Lord Capulet is showing his true feelings toward his daughter and shows the reader that his real motives are self-serving. Lady Capulet, Juliet’s mother also assists in the destruction of Romeo and Juliet by her shallow and self-centered nature. She believes that Juliet should marry Paris, not for love or happiness, but because Paris is wealthy and handsome and will bring the Capulet family more power and prestige. When Lady Capulet says â€Å"And find delight writ there with beauty’s pen./ Examine every married lineament,/ And see how one another lends content (I, iii, 82-85) she is trying to convince Juliet that Paris would make a good husband because of his good looks. Her advise to her daughter demonstrates that she is only concerned about image without consideration of her daughter’s wishes or needs. Both Lord Capulet and Lady Capulet have only their personal motives and values in mind when they make the decision about their daughter’s future. This contributes to the helplessness and isolation that Juliet feels which eventually leads Juliet to her death. Another manipulative, self-serving character is Juliet’s nurse. On the surface, she appears to be a person that Juliet can confide in during difficult situations, yet throughout the play, her actions would demonstrate that she actually contributes to the destruction of Romeo and Juliet. Initially, she played the role of a messenger between the two lovers supporting their relationship by relaying secret messages between the doomed lovers. At the same time she also appeared to be understanding and sympathetic to Juliet’s feelings by lending Juliet a sympathetic ear. Yet when Lord and Lady Capulet thwart Romeo and Juliet’s plans of a life together, the nurse, in order to keep her job, does not try to comfort Juliet, she simply says † [Romeo] is dead -or ’twere as good he were† (III, iv, 235)and tells her â€Å"I think it best you married with [Paris]†(III, iv, 218). This causes Juliet grief because she trusted her nurse, who throughout the years has become more like a mother to her, and now the only one she trusted is betraying her. As a result of this betrayal and feelings of total  hopelessness, Juliet’s thoughts of suicide became prevalent and she turned to friar Laurence for help. In spite of the fact that Friar Laurence played the part of a helpful confidant to Romeo and Juliet, he ultimately helped I their final destruction. In the beginning of the play, when Romeo went to Friar Laurence for help, he believes that the marriage of the two teenagers might end the long running feud between the Capulet’s and the Montague’s. It is apparent that when Friar Laurence says â€Å"In one respect I’ll thy assistant be/ For this alliance may so prove,/ to turn your households’ rancor to pure love†(II, iii, 86-88), all he is think about is a way to end the feud that has caused â€Å"three civil brawls† (I, i, 87), and have caused the needless death of many. Even after Romeo is banished and there seems to be no hope for Romeo and Juliet, all Friar Laurence can think about is â€Å"blaze (announcing) thy marriage† (III, iii, 150). What friar Laurence does not realize is that he is giving false hope to both Romeo and Juliet, allowing them to believe that their lives will eventually be all right. In reality, we as readers know that this can never be, and thus, friar Laurence is setting the stage for Romeo and Juliet’s destruction. In the play, the main characters are teenagers who are forced to deal with extremely complex issues surrounding their simple love for each other. The people, who influence them to do so, are the ones who are responsible for the death and destruction of Romeo and Juliet.

Tuesday, August 13, 2019

Court Observation Essay Example | Topics and Well Written Essays - 1250 words - 1

Court Observation - Essay Example The Courts are arranged in order to settle local disputes and keep the society in an ordered form. This is an enduring process which was initiated around more than six hundred years ago. Before attending the court, I contacted each court to get known to the cases and times that can be attended since in some cases youth are not allowed to attend. I reattempted to visit the court on 1st April’ 2013. As I reached the District Court, many people were waiting and there were signs posted on the doors of court rooms notifying the instructions for entrance in the court. The opening of the building was magnificent. Though I was known to the fact that the public is allowed to enter the court room, in order to avoid being intrusive, I decided to wait patiently in the Cashier line with hope that I’ll be provided assistance by someone. Soon, my hopes were fulfilled and I was escorted by an individual into the court room. The arrangement of the courtroom was plain. The court room did n’t have any police present as well as didn’t have any defendant's box. The judge was a white, middle-class, middle-aged male. The public was allowed to sit on the backside of the court room. I immediately looked around and attempted to get known with the surrounding. I found a few number of people waiting either by themselves or along with their attorneys on the bench-seats while few were seated in the jury box in jail uniforms. I got seated and adjusted my ears and eyes to initiate notes taking. The case hearings attended by me were about a car incidence. The case was comprised of claims from two parties countering one another. As usual the claim was made by the plaintiff who was unable to view the defendant car arriving and attempt to evade. To counter this claim, the defendant whose leg and lower back got injured due to the collision with the plaintiff’s car. I observed that within the court room, the judge examined both claims simultaneously for saving time and ensuring quick processing. Although the legal way of examining such claims is that each is examined separately but this procedure was not followed by the judge for saving time. As I got into the court room, I got a seat on the backside reserved for public, in front of the judge bench located at the other side of the court room. On my right side, the claimant along with her lawyer was seated and in front of the claimant, the Barrister was seated on a layer. On my left side, the defendant was seated along with his Barrister seated in front of him. Initially the claimant was moved to the witness stand so that both partied can examine him. The claimant told that she parked her car to the road’s left side and then went to a nearby shop to purchase her daily groceries. Later on when she finished her shopping, she came back to her car and attempted to get it back on the main road. However, while trying to get to the road’s right side, she was unable to notice the car of defendant on time, and consequently she was unable to stay away from them as she didn’t had enough time and the two cars as a consequence smashed. After her little comprehensive description of the accident, she was cross examined by both barristers who asked numerous questions in order to dig out the facts. When the plaintiff’s examination was done, the defendant came to the witness st

Monday, August 12, 2019

Research Proposal on the Influence of Gender and Age on Cyber Bulling

On the Influence of Gender and Age on Cyber Bulling - Research Proposal Example However, with the advancements in information technology have arisen insecurity issues. Insecurity issues have in turn sparked far reaching implications to the users. In particularly, insecurity issues in information technology have been closely associated with internet usability. This comes when the usefulness of internet cannot be presently overemphasized. It is for this reason that information technology and security issues become critical. Important, though, have been the concerns on how to address these forms of insecurity. Background of the Problem The aspect on information technology that is paramount to this discussion is cyber bullying and how whether or not it is affected by age or gender. According to Hopeline (2011), cyber bullying has emerged to be the newest platform on which the youths are increasingly abusing each other. The more concerning issue is that there are currently no appropriate techniques that intervene for cyber bullying despite large numbers of kids who a ccess the information technologies. Internet and cell phone communications have been cited as tools for Cyber bullying. According to Hopline, what appalls even more is that Cyber bullying occurs during kids’ class time. Hopline cites that cyber bullying has far reaching implications on kids, so that the victims (kids) of cyber bullying only feel safe when in their bedrooms. This clearly shows that it does not under all circumstances hold that cyber bullying causes physical harm. However, cyber bullying is mostly associated with causation of harmful emotional fallout which may cumulate to other far reaching consequences. It is factual that kids are major victims of cyber bullying. It is also true that cyber... This essay says that the researcher has set out research questions in an attempt to identifying specific considerations to make in order to achieve the purposes outlined above. The research questions are said to have very close relation with the purpose of the study in the sense that the research questions are going to be tackled during research work. Successful completion of this research work will come with a lot of significance to a lot of people, especially primary and secondary students. This report shall be conventional to the guidelines of the Ethics of a University. Before starting the process of handling the questionnaires to the children, letters shall be sent to parents and to head-teachers, describing the nature of the study. These letters will serve the purpose of informing them about the content of the questionnaire. The main aim additionally, shall be to confirm about the confidentiality of the study. In this respect, parents shall sign the parental consent forms as an approval for their children to participate in the study. In this regard, they shall have one week deadline to send them back to the researcher. It shall also be required that teachers and head-teachers approve the study. This, therefore, necessitated that this researcher inform them about the study, the collection of data, and the process to be followed and about the privacy of the questionnaires. It is also worth noting that teachers will be informed that they will be present during the proc ess of the survey and if they have any objection that need be discussed with the researcher.

Sunday, August 11, 2019

Should Nuclear Power Be Revived in California and the United States Research Paper - 1

Should Nuclear Power Be Revived in California and the United States - Research Paper Example On attaining a wealth of information from the US senate, senator Domenici indicated that human development is the creation of a surrounding where individuals can establish their maximum potential, as humans are considered the real wealth of the world; indeed, human development supersedes economic growth. The fact remains that we need energy to not only drive our industries, but also support our current trends of living. Lack of electricity has been identified as one of the perpetrators of poverty. In 1999, the United States was noted to consume approximately 25 percent of the world’s energy. Nevertheless, high consumption of electricity indicates the ever-changing lifestyle in United States’ growing population. Nuclear power generation as a way of diversifying the sources of electricity generation can not only free up fossil fuel, but also ensure the uses have no other substitutes. The result of use of nuclear power is a cleaner environment, creation of more job opportu nities and maximum use of available raw material. According to Sir Ingham, based on rational discourse, nuclear power should be viewed based as the foundation of man’s sustainable power that has no offence to the surrounding environment (Domenici, Lyons and Steyn, 2004, p. 182, 183 & 184). Increase in population brings about high demand of energy. This high demand of energy hence forces the country to import energy, which could lead to political instability and lack of cost control. According to Domenici, Lyons and Steyn (2004), reliance of imported energy has been predicted to rise from 50 percent to 70 percent in the decades to come within the European countries. Heavy reliance of imported energy may have negative global impact and hence United States should have an equilibrium energy policy that incorporates healthy reliance on nuclear power in order to suppress the ever-increasing competition of fossil fuel supply in the decades to come.  Increase in population brings a bout high demand of energy. This high demand of energy hence forces the country to import energy, which could lead to political instability and lack of cost control.