Sexual Harassment and the Equal Employment Opportunity Commission (EEOC) :: Sexual Harassment Essays

Under Title VII of the Civil Rights Act of 1964, Sexual harassment is a form of sex discrimination. Federal law as well as various state fair-employment laws prohibit employers with 15 or more employees from treating members of one sex or race differently from members of the opposite sex or another race in terms, conditions, or privileges of employment. The statutory and regulatory laws govern the entire employment process from pre-employment activities such as recruiting, through an employee's career with the organization, including termination. The prohibition against sex discrimination imposes responsibility upon employers to afford their employees an environment free from sexual harassment and from the fear that it may occur. The Equal Employment Opportunity Commission (EEOC) can file lawsuits on behalf of victims of sexual harassment, women who take their accusations to court face even bigger obstacles than mere public disapproval. The legal process is long and cumbersome - it can be years from the first complaint to the final verdict and in the meanwhile, the woman is in a legal, professional and often financial limbo. Women are not entitled to collect damages under the Civil Rights Act - just back pay; so many women don't see this process as worth the trouble. Even those, however, who do file a complaint and win a harassment case, may feel lost. Though, Title VII offers reinstatement to previous job, the individual may be shunned or harassed by co-worker thus making conditions even more uncomfortable than they were beforehand. Common law tort lawsuits, such as intentional infliction of emotional distress and assault and battery, provide a remedy in certain types of sexual harassment cases that is total ly dependent of any of the statutes and governmental agencies. However, the solutions proposed might seem comprehensive in plans to lessen sexual harassment in the workplace and punishment of harassers, women still face formidable obstacles in preventing harassment from continuing. The proposed measures fail to cover all aspects of harassment, though the truth is, it is virtually impossible to formulate a plan to do so.

Success Notes

What is my definition success? Living life to the fullest Achieving small goals in life One’s life is in full balance Not feeling stressed and overwhelmed in life Following my dreams Being in control of my future Having college education Having a careerHaving great friends  the continuous state of action that you have to perform to meet your goals To me success means setting up a goal, and then putting your complete energy towards attaining it. If you can do it all, then the feeling of satisfaction with your effort is what I feel defines the state of bliss – for me that feeling of contentment within myself is Success. What does success means to me?What success means for me? Well success to me means an achievement in life or to do well at. Some of my goals that will lead to my success will have to start with going back to school and getting a degree in a field that I never thought possible. That was my first goal to get into college and now that I have achieved that go al, I see nothing but success in the future. When I get done and I get my bachelor degree, who knows the success I could endurance / achieve.Health, Money, Education Have opportunities to be successful Prosperity and success (ideals)

Unmarried couple - Free Essay Example

Sample details Pages: 11 Words: 3340 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Analytical essay Topics: Marriage Essay Did you like this example? Parties whether married or unmarried may contribute to the purchase of a home for themselves, but subsequent events may give rise to a dispute when a relation break up as to the ownership of the property. The problem above is for us to advise Anne upon whether Brian has any claim to a beneficial interest in the family home and how large that share might be as Anne and Brian, who are unmarried put the legal estate of the house in Brianà ¢Ã¢â€š ¬Ã¢â€ž ¢s name and no written declaration of trust for their oral agreement that they are joint tenants in equity. If Anne and Brian are married couple, then under the Matrimonial Causes Act 1973 the court has wide discretionary powers to order the distribution of the coupleà ¢Ã¢â€š ¬Ã¢â€ž ¢s property disregard who owns the property legally or equitably. English law does not presume à ¢Ã¢â€š ¬Ã…“community of ownershipà ¢Ã¢â€š ¬Ã‚  of land even when two adults have lived together in a stable relationship for a long p eriod of time. The solution for cohabitees who are neither married nor in a civil partnership to gain statutory protections would be to write down and legally agree how they intend to share the property, the principle stated in Pettit v Pettit. The express trusts of land are subject to additional formalities as prescribed in Section 53(1)(b) Law of Property Act 1925. The statutory prescription is that, in order for an express trust of land to be enforceable, the declaration of trust muts be evidenced in writing, which is signed by settlor. However, problem often raised as they do not make a written declaration of trust as the situation faced by Anne and Brian in the question. In absence of statutory protection under the Matrimonial Causes Act 1973 and express trust for Anne, the court is, therefore in effect, looking backwards at what Anne and Brian decided about the property and determine what the property interest would be for Anne under equity. Where the legal title to prop erty has been conveyed in the name of one party only, and his partner wishes to claim a beneficial interest, the claimant is required to establish the existence of a common intention constructive trust. The presumptions of resulting trust and advancement will not be readily adopted in order to quantify the interests of the parties because such presumptions have outlived their usefulness in this context. Lord Diplock in Gissing v Gissing replaced the presumptions with à ¢Ã¢â€š ¬Ã…“common intention constructive trustsà ¢Ã¢â€š ¬Ã‚ . The effect is that where the legal title is vested in the name of one party, where in this case, legal title is vested in name of Brian, the inference is that equity follows the law and Brian with the legal title is prima facies solely entitle to the equitable interest. If the party without the legal title, Anne wishes to claim an interest in the property, she bears the legal burden of proving that both parties had an intention to give Anne an interest in the property which was relied on to her detriment. The existence of a common intention may be express or implied by reference to the circumstances of each case. The court is required to interpret the surrounding facts with a view to ascertaining the intentions of the parties with regard to a share in the home. According to Lord Bridge in Lloyds Bank plc v Rossett, a case where the property has been registered in the name of one of the parties only, there are two types of common intention constructive trust, which Rosset 1 and Rosset 2 (express agreement plus detriment reliance OR substantial direct financial contribution to purchase). Lord Bridge explained Rosset 1 that to establishing a beneficial interest under a constructive trust is to establish that prior to the acquisition of the home (or exceptionally at some later date), the legal owner and the claimant reached à ¢Ã¢â€š ¬Ã…“an express agreement, arrangement, or understandingà ¢Ã¢â€š ¬Ã‚  to share the beneficia l ownership of the home. Provided that the arrangement was expressed in discussion between the parties, it does not matter that the terms were imprecise and that the partiesà ¢Ã¢â€š ¬Ã¢â€ž ¢ recollection of the express agreement is à ¢Ã¢â€š ¬Ã…“imperfectà ¢Ã¢â€š ¬Ã‚ . In addition to proving that there was an express agreement or arrangement, the claimant must also show that she acted to her à ¢Ã¢â€š ¬Ã…“detrimentà ¢Ã¢â€š ¬Ã‚  or significantly altered her position in reliance on the agreement. Rosset 2 is where no evidence of detrimental reliance upon an express agreement, arrangement, or understanding to share, the parties à ¢Ã¢â€š ¬Ã…“common intentionà ¢Ã¢â€š ¬Ã‚  to share must be inferred instead from their conduct. However, inferring a common intention from contributions to the purchase price, was criticized because it failed to take into account non-financial contributions, such as to the running of the home. This is different with the judgment in Gissing v Gi ssing that contributions other than financial can create an interest in the home. In Stack v Dowden, Lady Hale said that there is undoubtedly an argument for saying, as did the Law Commission in Sharing Homes, A Discussion Paper, para 4.23, that the observations, which were strictly obiter dicta, of Lord Bridge of Harwich in Lloyds Bank plc v Rossett have set that hurdle rather too high in certain respects. The à ¢Ã¢â€š ¬Ã…“common intentionà ¢Ã¢â€š ¬Ã‚  in express trusts must be to à ¢Ã¢â€š ¬Ã…“share the homeà ¢Ã¢â€š ¬Ã‚ , not just to share their lives. Thus, the claimant in Thomas v Fuller-Brown carried out extensive building work on the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s house and agreed that this was in return for her keeping him would not help to establish an interest in family home as there is no discussion of him having half share. Furthermore, the common intention between the parties must be à ¢Ã¢â€š ¬Ã…“expressedà ¢Ã¢â€š ¬Ã‚ , as in Springette v DeFoe, Dillon LJ said that the it is not enough that the parties happened to be thinking on the same lines in her uncommunicated thoughts. Nevertheless, some criticisms received as this has not deterred the courts from interpreting express statements according to uncommunicated thoughts of the persons making them, sometimes in ways that seem entirely inconsistent with the actual words employed. In Grant v Edwards and Eves v Eves, the claimants established beneficial interest in the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s lad even though the expressed understanding between the parties in each case was that the defendant had no intention of placing the claimantà ¢Ã¢â€š ¬Ã¢â€ž ¢s name on the legal title. In Grant v Edwards, the defendant explained that he did not want to place the claimantà ¢Ã¢â€š ¬Ã¢â€ž ¢s name on the title because it might prejudice matrimonial proceedings pending between the defendant and his wife. In Eves v Eves, the defendant explained that he would not be placing the claimantà ¢Ã¢â€š ¬Ã¢â€ž ¢s name on the legal title as she was too young. In both cases, the courts held that the express à ¢Ã¢â€š ¬Ã…“explanationsà ¢Ã¢â€š ¬Ã‚  were, in reality, à ¢Ã¢â€š ¬Ã…“excusesà ¢Ã¢â€š ¬Ã‚  and that they therefore constituted express evidence of an unspoken understanding between the parties that the claimant was entitled to a beneficial interest in the land. Simon Gardener has criticized this type of reasoning: If I give an excuse for rejecting an invitation to what I expect to be a dull party, it does not mean that I thereby agree to come: on the contrary, it means that I do not agree to come, but for one reason or another I find it hard to say outright. It could then be suggested that the fact that one party lies is explicit evidence that there is no intention to share the family home. Therefore, Anne able to establish her beneficial interest as there is expressed common intention that they orally agreed joint tenant in equity. Once an express common intention is found, the person seeking to establish the existence of a constructive trust must prove that she relied on that agreement to her detriment. The facts that that Anne had pay maintenance for their children, remains in the house and pays for all the outgoings and also undertakes extensive renovation and maintenance work on the house, paying for the materials and doing the manual work herself, whether or not these would amount to detrimental reliance? In Grant v Edwards, Browne-Wilkinson VC stated, following Fox LJ in Midland v Dobson, that mere common intention is not by itself enough, the claimant has also to prove that she has acted to her detriment in the reasonable belief by so acting she was acquiring a beneficial interest. There are two main barriers to proof of detrimental reliance. The first is to demonstrate that the claimant has suffered a detriment. On one view, the claimant who gives up a career to care for a home and children has been liberated from the need to work , has enjoyed the delight of daily contact with her children, and has lived rent free for several years in a house that is legally owned by someone else. Browne-Wilkinson VC was alert to these obstacles in Grant v Edwards, when he held that setting up house together, having a baby and making payments to general housekeeping expenses may all be referable to the mutual love and affection of the parties and not specifically referable to the claimantà ¢Ã¢â€š ¬Ã¢â€ž ¢s belief that she has an interest in the house. However, their Lordships decided that Mrs Grant had acted to her detriment and granted her a half-share in house. Nourse LJ described detrimental reliance as à ¢Ã¢â€š ¬Ã…“conduct on which the woman could not reasonably be expected to embark unless she was to have an interest in the homeà ¢Ã¢â€š ¬Ã‚ . The second barrier the claimant will face, assuming a detriment has been established, is to prove that the detriment was suffered as a causal consequence of the express ar rangement between the parties. As Browne-Wilkinson VC mentioned, referring to Eves v Eves, there has to be link between the common intention and the acts relied on as a detriment. Therefore, Anne may rely on both Rosset 1 and Rosset 2 to establish that she having beneficial interest over the family home property as Anne pays the whole cost of the house with money given by her father would be considered that it is direct financial contribution to purchase price under Rosset 2 regardless there is any common intention. Besides , Anna may also establish beneficial interest under Rosset 1 as Anne and Brian agree that they are joint tenants in equity amounted to à ¢Ã¢â€š ¬Ã…“common intentionà ¢Ã¢â€š ¬Ã‚  and it is à ¢Ã¢â€š ¬Ã…“expressedà ¢Ã¢â€š ¬Ã‚  by oral agreement. Further, two main barriers to proof of detrimental reliance mentioned by Nourse LJ also is not a problem for Anne as she doing manual work for the renovation of home. This may constitutes as à ¢Ã¢â€š ¬Ã…“cond uct on which woman could not reasonably be expectedà ¢Ã¢â€š ¬Ã‚  as manual work is something should expected done by man. As stated in Stack v Dowden, there is a two-stage procedure the courts approach the question, establishing a beneficial interest is stage one and stage two is to establish the size of that interest. Therefore, since we have already proved stage one that Anne has beneficial interest in the family home, the further we have to prove for stage two is to quantify the interest or shares in the property. The size of the shares is determined according to the terms of the express trust, if they ever created one as stated in Goodman v Gallant, this has been confirmed in Clough v Killey that when the parties expressly agree on beneficial shares, provided there is some detrimental reliance, that understanding will almost certainty be enforce by the courts. In the absence of any express trust, the question of quantification depends upon the facts of the case. If the n on-legal owner has established some interest under a constructive trust by either of the Rosset types, but there is no evidence that the parties expressly agreed the size of their respective shares, it falls to the court to identify the shares that they probably intended, on the basis of à ¢Ã¢â€š ¬Ã…“a survey of the whole course of dealing between the parties relevant to their ownership and occupation of the propertyà ¢Ã¢â€š ¬Ã‚ , as stated in Midland Bank v Cooke. This can include such matters as labour, housework, childcare and so on. This, however received criticism as represents a departure from the inflexible approach laid down in Burns v Burns, in which May LJ held that the court was only entitled to take into account direct financial contributions. The fact that Anne and Brian orally agreed that they are joint tenant in equity, but it is only an agreement to share, but in unspecified proportions. In Oxley v Hiscock, Chadwick LJ stated that it must not be accepted that the answer is that each is entitled to the share which the court considers fair having regard to the whole course of dealing between them in relation to the property. This includes arrangements which they make from time to time in order to meet the outgoings, i.e. housekeeping, mortgage contributions, council tax and utilities, which have to be met if they are to occupy the property as a home. The court is simply imputing a common intention as to the partiesà ¢Ã¢â€š ¬Ã¢â€ž ¢ respective shares on the basis of that which, in the light of all the material circumstances, including the acts and conduct of the parties after the acquisition is shown to be fair and reasonable. The main argument that Anne might makes is that Brian has totally no shares in the house as they make an oral agreement when Brian moves out of their house, that as he does not plan to pay any maintenance for their children, and renounces any claim that he might have to the beneficial ownership of the house. Ther efore, the issue here is whether or not the common intention can change over the time? Whether an initial common intention as regards the allocation of the beneficial interest can be considered to have changed over time was considered in Jones v Kernott. In this case, a couple had purchased a house which was conveyed into their joint names. They lived together for 8 years before separated. It was accepted that, at that time, they held the property beneficially in equal shares, there being insufficient evidence to rebut the presumption that their beneficial interests followed the legal title. The claimant continued to live in the house with their children, whilst the defendant had acquired alternative accommodation and made no further contribution towards the acquisition of the property. The claimant assumed sole responsibility for paying the mortgage, and for repairs and improvements of the property. The defendant severed the joint tenancy at the point when the claimant asserted that their beneficial interests were no longer equal. The Supreme Court held that, after their separation, the common intention of the parties had changed. Lady Hale and Lord Walker at para 5.1 stated that the starting point is that equity follows the law and they are joint tenants both in law and equity. The presumption can be displaced by showing (a) that the parties had a different common intention at the time when they acquired the home, or (b) that they later formed the common intention that their respective shares would change. Their common intention is to be deduced objectively from their conduct, and if it is not possible to ascertain by direct evidence or by inference what their actual intention was as to the shares in which they should own the property, the court will then considers the fair shares having regard to the whole course of dealing between them in relation to the property. However, Lady Hale also mentioned that each case will turn on its own facts, and financial contributions are relevant but there are many other factors which may enable the court to decide what shares were either intended or fair. Therefore, it is confirmed in Jones v Kernott case that the partiesà ¢Ã¢â€š ¬Ã¢â€ž ¢ initial common intention as to the allocation of the beneficial interest had changed at the time Brian moves out and make an oral agreement renounces any claim that he might have to the beneficial ownership of the house. Even though the common intention had change when Brian made the oral agreement to give up the shares of the house, however there is another problem for court to consider whether the family home now belongs completely to Anne or some little shares still remains with Brian. In Stack v Dowden, Baroness Hale at para 69 stated that some of the factors to be taken into account, such as legal advice at the time of purchase, discussions between the couple, the reason they chose a joint tenancy, the reason they bought the house, who paid for the mort gage, separate or joint finances, who paid household expenses, the characters and personalities of parties to show true intentions, extension or substantial improvement to the house. She also mentioned that an arithmetical calculation is not so important in deciding the shares of family home property. According to Baroness Hale in Stack v Dowden at para 69, à ¢Ã¢â€š ¬Ã‹Å"in law, à ¢Ã¢â€š ¬Ã…“context is everythingà ¢Ã¢â€š ¬Ã‚  and the domestic context is very different from the commercial worldà ¢Ã¢â€š ¬Ã¢â€ž ¢. This is hard to square with recent decision in which courts have proceeded on the assumption that there is prima facie no substantial difference between domestic and business contexts when deciding fair shares under a constructive trust, e.g. Gallarotti v Sebastianelli, a case of two friends living together. If Anne able to show that she has the beneficial interest of the family home property, she needs to show further that the common intention had changed when B rian moves out from the property and family home belongs completely to her. From my view, I think Anne able to argue and claims that she owned the whole shares of the property regardless any agreement made between Brian and her, as (i) she paid for the whole purchase price of the property, (ii) she remains in the house and pays for all the outgoings, including taking care of their three children, (iii) she also undertakes extensive renovation and maintenance work on the house, paying for the materials and doing the manual work herself that it should be done by man normally, (iv) no fact to show in question whether any contributions made by Brian before he leaves the home. Even if he did makes any contributions for their home, for his three children, we may still able to argue that he stayed in the house for 5 years, but left everything to Anne for 18 years and stop paying anything afterwards. It is unfair to Anne if Brian able to get any shares as he did not contributes any to the p urchase price and he never contributes anything to the house, to their children in the period of 18 years he disappears. Despite the best efforts of the judges in the House of Lords and Supreme Court, there remains much uncertainty as to when the presumption that the beneficial interests should follow the legal interests will be rebutted. Although the presumption is to be rebutted in exceptional circumstances, such as in case of Stack v Dowden and Jones v Kernott. It is however, uncertain what makes a case exceptional and so allows the use of the holistic inquiry by reference to a myriad of factors, the significance of those factors being unclear. The sound of reforming the law became stronger after the case Pamela Curran v Brian Collins as the judge blasts à ¢Ã¢â€š ¬Ã‹Å"sexist lawsà ¢Ã¢â€š ¬Ã¢â€ž ¢ that left woman destitute after split from partner. Judge Sir Nicholas Wall said that women tended to lose out in most cases under the current system. Lord Justice Toulson also d escribed the current law as à ¢Ã¢â€š ¬Ã‹Å"unfairà ¢Ã¢â€š ¬Ã¢â€ž ¢, however, judge should follow the laws instead of à ¢Ã¢â€š ¬Ã‹Å"sympathy of humanà ¢Ã¢â€š ¬Ã¢â€ž ¢. Therefore, although unmarried couples believe that they are protected by common law as if they were a wife or a husband should still record each partyà ¢Ã¢â€š ¬Ã¢â€ž ¢s intentions in a legally binding document at the outset. There are some attempts to reform the law, such as Lord Lesterà ¢Ã¢â€š ¬Ã¢â€ž ¢s Cohabitation Bill, Law Commission Report (2008), Inheritance(Cohabitants) Bill been suggested in 2012 and the Cohabitation Rights Bill in 2013. Sir James Munby has also urged that reform is à ¢Ã¢â€š ¬Ã‹Å"desperately neededà ¢Ã¢â€š ¬Ã¢â€ž ¢. However, the parliament remain the law unchanged even after so many reforms and bills been suggested. Don’t waste time! Our writers will create an original "Unmarried couple" essay for you Create order

Computers that can think Free Essay Example, 1000 words

Concept 1 One of the most exciting concepts that is presented by Howard in his presentation pertains to a demonstration of one of the implications of the advent of computer learning. In the demonstration, Howard (2014), a team in Boston had recently announced that they had managed to identify a number of new clinically relevant tumor features that will serve to greatly aid doctors in the making of future cancer prognoses. In a similar development, Howard also points out that a group in Stanford had recently announced that by looking at tissues under magnification, they had managed design a machine learning based system that was much better at the prediction of cancer survival rates as compared to human pathologists. The development of these two systems involved the input of both machine learning experts and medical experts. However, in what is a very fascinating development, it is now possible for programmers to design medical systems without the input of human pathologists and by people who. Using a PowerPoint presentation, Howard explains how a system had been designed that could be able to identify cancerous areas of the human tissue under a microscope with a similar degree if not a higher level of accuracy as human pathologists. We will write a custom essay sample on Computers that can think or any topic specifically for you Only $17.96 $11.86/pageorder now Using the same technology, it was possible for Howard to start a new medical company although he did not have any previous background in medicine. Despite his not being a doctor, Howard was able to receive fantastic feedback from both the media and the medical community and by using the system, it is now possible to take a mere 15 minutes to generate a new medical diagnosis test. Concept 2 Another interesting concept that is presented by Howard (2014) in his presentation is his demonstration of just how it was not possible for computers to listen and understand by using deep learning. In presenting this concept, Howard used a video presentation that showed part of the proceedings of a machine learning conference that had been held in China. In the video, the presenter explains that by taking a large amount of data and information from numerous Chinese speakers, programmers had been able to produce an effective text-to-speech system that is able to take Chinese text and convert this text into Chinese language. In addition to this, the programmers had taken about an hour of the presenter’s voice to be used in the modulation of the text-to-speech system so as to ensure that the projected voice would be identical to that of the presenter.

A Comparative Analysis of the Characters of King Lear and...

Kurosawa and Shakespeare Introduction: The greatest narratives in human history dont just resurface in critical analysis but are also given new life when channeled through modern media. This is well-exemplified by legendary Japanese filmmaker Akira Kurosawas 1985 epic, Ran. The highly regarded and high-budgeted film, based on William Shakespeares 1606 play King Lear, demonstrates the power retained by the original play even when dramatically recontextualized. Indeed, in a comparative discussion of King Lear and Hidetora, his counterpart in the Kurosawa film, we are confronted with the universal themes of power, mortality, vanity and insanity. These are the themes that connect not just both pieces but the otherwise vastly historical periods and cultures represented within. Compare: The strongest point of comparison between the two characters in question is their mutual descent into mental instability and the degree to which this influences their behavior. Indeed, the common ground in the two stories is at the outset, when an ailing ruler is manipulated into divided his kingdom amongst his children. This division of territories, an event stimulated by individual vanity and infirmity, would have consequences kingdom-wide. The unraveling of civility and familial bonds which would occur thereafter is common to both tellings. Contrast: Perhaps the most important conceptual difference between the fading monarch presented in either story is the degree to which

Perth Arena Case Study and Business Management

Question: Case Study: The Perth Arena Answer: The Perth Arena Designed to be the citys most spacious, multi-purpose indoor sports and entertainment venue, The Perth Arena is located on the Northbridge Link site in Perths CBD. The Arena is being constructed with an intent to hold and sporting entertainment events to an assemblage of between 5000 and 14000 people. The planning, tendering and contracting for the Arena was under the Department of Housing and Works (DHW). The project was scheduled for completion by 2009 but in December 2007, soon after commencement of construction, responsibility of the Arena was given to the Office of Strategic Projects (OSP) who was to report directly to the Minister for Housing and Works. Summarising the Governance Problems Perth Arena has been a significant project for Western Australia and the above preamble has been given to illustrate how high profile this project had become for the state authorities. Still, governance was not adequate and the project went three years behind the schedule of its completion and was commissioned in 2012. Why the planning[1] went wrong can be understood from the following factors, which emerged after a deep analysis. The authorities arrived at the cost and time estimates well before making a thorough analysis of the project. This resulted in escalation of the cost to $483 million, which was $323 million more (an escalation of 200%) than the estimated cost of $160 million announced at the time of planning in September 2005. DHW accepted an offer which was fundamentally different from the original conception of the Arena. This resulted in a tender process that became problematic and the contract negotiations created more problems than solutions. DHW made another mistake by changing the design without fully appraising the prices nor did it did made an analysis whether these represented value for money[2]. Most of the key decisions regarding the fundamental changes in the contract document were taken without making adequate assessment of the risks involved, legal opinion or consideration of available alternative options. The state had to bear the escalated costs and risks because DHW did not transfer the responsibility of scheduled completion of the Arenas design to the contractor. These inadequacies in governance of the prestigious Arena project exposed the State to greater levels of risk, both on time and money. The OSP also lacked in fulfilling its duties by not keeping the Minister or the Cabinet about its decisions and key risks associated with the project. This shown how lackadaisical was the projects governance, and though the governance arrangements were subsequently strengthened, risks remained of further cost escalation and delays[3]. 2(a) Stakeholder Circle The Stakeholder Circle is a tool which can be used to provide an effective way of visualising the power and influence of the stakeholders which may make an impact on the success or failure of the project. This tool is developed for a project to identify and prioritise the key stakeholders of the project and develop a strategy to build and illustrate the relationships between the key stakeholders. The key stakeholders in The Arena are OWNERS The Honourable Minister for Housing and Works Although the Honourable Minister is the main decision maker for all the projects which come under the jurisdiction of his ministry, it is not practical for him to keep a day-to-day control over each and every project[4]. He has dedicated departments and personnel who are designated to monitor, carry out the ministers instructions and see that the project finishes on schedule. The Office of Strategic Projects (OSP) As discussed above, the OSP was given the overall responsibility of The Arena Project with the binding that it shall keep the minister posted on the developments concerning the progress of the project. Department of Housing and Works DHW was the supervising agency for the project and was responsible for acting on behalf of the government of Western Australia. Department of Treasury and Finance The responsibility of this department was to control the financial transaction connected with the project[5]. GOVERNANCE VenuesWest the owners (on behalf of State of Western Australia) VenuesWest can be termed as the CEO of the project. The Stakeholder circle STAKEHOLDERS Ashton Raggatt McDougall (Architectural firm) This firm had the responsibility of designing the project and supervise its implementation. Cameron Chisholm Nicol (Architectural firm) This firm had the responsibility of designing and implementing the projects accessories which included seating arrangements, control panels and administrative sections. CSR Buckeridge Group of Companies (the contractors) The company which won the contract for building the entire project. AEG Ogden Management Consultants The responsibility of the management consultants was to take charge of the finished project and manage its day-to-day operations[6]. 2(b) Stakeholder Circle Analysis High Importance Low Importance Low Influence High Influence KEHOLDERSSStakeholder Analysis OWNERS The Honourable Minister for Housing and Works The Honourable Minister carries overall responsibility for all the projects which are under his ministry, but it is not possible for him to keep control over every project. This is the responsibility of his dedicated departments and personnel who are authorised to monitor the projects. The Office of Strategic Projects (OSP) The OSP got charge of The Arena Project after the blunders done by DHW but this department also failed in carrying out its responsibility with full impunity. Department of Housing and Works DHW failed miserably right from the beginning of the project. Department of Treasury and Finance This department was to control the financial transaction connected with the project, but it also failed in proper monitoring of the finances. GOVERNANCE VenuesWest the owners (on behalf of State of Western Australia) VenuesWest can be termed as the CEO of the project and it duly and diligently performed its responsibilities post taking control of the management. STAKEHOLDERS Ashton Raggatt McDougall (Architectural firm) This firm also failed in carrying oy its responsibility of designing the project effectively. Cameron Chisholm Nicol (Architectural firm) This firm was to look after the designing and implementing the projects accessories which included seating arrangements, control panels and administrative sections and proved to be successful. CSR Buckeridge Group of Companies (the contractors) The company which won the contract for building the entire project was not at fault as it was the design factor which led to cost escalations. AEG Ogden Management Consultants The responsibility of the management consultants was duly discharged successfully by this company. List of References Barnes, R. and Doidge, G. Managing Your Investment Property: The Essential Guide to Property Management in Australia and New Zealand. Milton, QLD: John Wiley Sons, 2010. Christensen, S. and Duncan, W.D. Professional Liability and Property Transactions. Annandale, NSW: Federation Press, 2004. Emerald Gems (ed). Built Environment and Property Management: A Focus on Australia. Bingley: Emerald Group Publishing Limited, 2015. Marshall, A., Williams, N. and Morgan, J. (ed). Land of Sweeping Plains: Managing and Restoring the Native Grasslands of South-eastern Australia. Clayton South, VIC: Csiro Publishing, 2015. Parker, D. Global Real Estate Investment Trusts: People, Process and Management. Milton, QLD: John Wiley Sons, 2012. Spoehr, J. (ed). State of South Australia: From Crisis to Prosperity? Kent Town: Wakefield Press, 2009.53.

Market Segmentation free essay sample

Marketing strategy that involves dividing a broad target market into subsets of consumers who have common needs, and then designing and implementing strategies to target their needs and desires using media channels and other touch-points that best allow to reach them. Market segments allow companies to create product differentiation strategies to target them. Market segmentation is the technique used to enable a business to better target it products at the right customers. It is about identifying the specific needs and wants of customer groups and then using those insights into providing products and services which meet customer needs. Segments are usually measured in terms of sales value or volume. In the diagram below, segment B is twice the size of segment C: A marketing term referring to the aggregating of prospective buyers into groups (segments) that have common needs and will respond similarly to a marketing action. Market segmentation enables companies to target different categories of consumers who perceive the full value of certain products and services differently from one another. We will write a custom essay sample on Market Segmentation or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Generally three criteria can be used to identify different market segments. Basis of Market Segmentation ?Gender The marketers divide the market into smaller segments based on gender. Both men and women have different interests and preferences, and thus the need for segmentation. Organizations need to have different marketing strategies for men which would obviously not work in case of females. A woman would not purchase a product meant for males and vice a versa. The segmentation of the market as per the gender is important in many industries like cosmetics, footwear, jewellery and apparel industries. Age Group Division on the basis of age group of the target audience is also one of the ways of market segmentation. The products and marketing strategies for teenagers would obviously be different than kids. Age group (0 10 years) Toys, Nappies, Baby Food, Prams Age Group (10 20 years) Toys, Apparels, Books, School Bags Age group (20 years and above) Cosmetics, Anti-Ageing Product s, Magazines, apparels and so on ? Income Marketers divide the consumers into small segments as per their income. Individuals are classified into segments according to their monthly earnings. The three categories are: High income Group Mid Income Group Low Income Group Stores catering to the higher income group would have different range of products and strategies as compared to stores which target the lower income group. Pantaloons, Carrefour, Shopper’s stop target the high income group as compared to Vishal Retail, Reliance Retail or Big bazaar who cater to the individuals belonging to the lower income segment. ?Marital Status Market segmentation can also be as per the marital status of the individuals. Travel agencies would not have similar holiday packages for bachelors and married couples. Occupation Office goers would have different needs as compared to school / college students. A beach house shirt or a funky T Shirt would have no takers in a Zodiac Store as it caters specifically to the professionals. Criteria for segmentation An ideal market segment meets all of the following criteria: †¢It is possible to be measure. †¢It must will be large enough to earn profit. †¢I t must be stable enough that it does not vanish after some time. †¢It’s possible to reach potential customers via the organizations promotion and distribution channel. It is internally homogeneous (potential customers in the same segment prefer the same product qualities). †¢It is externally heterogeneous, that is, potential customers from different segments have different quality preferences. †¢It responds consistently to a given market stimulus. †¢It can be reached by market intervention in a cost-effective manner. †¢It is useful in deciding on the marketing mix. ? Basis for segmenting consumer markets Geographic segmentation The market is segmented according to geographic criteria—nations, states, regions, countries, cities, neighborhoods, or zip codes. Geo-cluster approach combines demographic data with geographic data to create a more accurate profile of specific [1] With respect to region, in rainy regions you can sell things like raincoats, umbrellas and gumboots. In hot regions you can sell summer wear. In cold regions you can sell warm clothes. A small business commodity store may target only customers from the local neighborhood, while a larger department store can target its marketing towards several neighborhoods in a larger city or area. In geographical segmentation, market is divided into different geographical units like: †¢Regions (by country, nation, state, neighborhood) Population Density (Urban, suburban, rural) †¢City size (Size of area, population size and growth rate) †¢Climate (Regions having similar climate pattern) A company, either serving a few or all geographic segments, needs to put attention on variability of geographic needs and wants. After segmenting consumer market on geographic bases, c ompanies localize their marketing efforts (product, advertising, promotion and sales efforts) Demographic Segmentation: In demographic segmentation, market is divided into small segments based on demographic variables like: †¢Age †¢Gender †¢Income †¢Occupation †¢Education Social Class †¢Generation †¢Family size †¢Family life cycle †¢Home Ownership †¢Religion †¢Ethnic group/Race †¢Nationality Demographic factors are most important factors for segmenting the customers groups. Consumer needs, wants, usage rate these all depend upon demographic variables. So, considering demographic factors, while defining marketing strategy, is crucial. Psychographic segmentation Psychographics is the science of using psychology and demographics to better understand consumers. Psychographic segmentation: consumers are divided according to their lifestyle, personality, values and social class. Consumers within the same demographic group can exhibit very different psychographic profiles. In Psychographic Segmentation, segments are defined on the basis of social class, lifestyle and personality characteristics. Psychographic variables include: †¢Interests †¢Opinions †¢Personality †¢Self-Image †¢Activities †¢Values †¢Attitudes A segment having demographically grouped consumers may have different psychographic characteristics. Behavioral segmentation In behavioral segmentation, consumers are divided into groups according to their knowledge of, attitude towards, use of or response to a product. In this segmentation market is divided into segments based on consumer knowledge, attitude, use or response to product. Behavioral variables include: †¢Usage Rate †¢Product benefits †¢Brand Loyalty †¢Price Consciousness †¢Occasions (holidays like mother’s day, New Year and Eid) †¢User Status (First Time, Regular or Potential) Behavioral segmentation is considered most favorable segmentation tool as it uses those variables that are closely related to the product itself. Occasions Segmentation according to occasions is based on the arising of special need and desires in consumers at various occasions. For example, for products that will be used in relation with a certain holiday. Products such as Christmas decorations or Diwali lamps are marketed almost exclusively in the time leading up to the related event, and will not generally be available all year round. Another type of occasional market segments are people preparing for their wedding or a funeral, occasions that only occurs a few times in a persons lifetime but happens so often in a large population that it can be considered a market segment. Benefits Segmentation takes place according to benefits sought by the consumer or which the product/service can provide. Bases for Business Market Segmentation †¢Business market can be segmented on the bases consumer market variables butbecause of many inherent differences like †¢Businesses are few but purchase in bulk †¢Evaluate in depth Joint decisions are made Business market might be segmented on the bases of following variables: Company Size What company sizes should we serve? Industry Which industry to serve? Purchasing approaches Purchasing-function organization, Nature of existing relationships, purchase policies and criteria. Situational factors Seasonal trend, urgency should serve companies needing quick order deliver, Order: focus on large orders or small. Using segmentation in customer retention The basic approach to retention-based segmentation is that a company tags each of its active customers with three values: Is this customer at high risk of canceling the companys service? One of the most common indicators of high-risk customers is a drop off in usage of the companys service. For example, in the credit card industry this could be signaled through a customers decline in spending on his or her card. Is this customer worth retaining? This determination boils down to whether the post-retention profit generated from the customer is predicted to be greater than the cost incurred to retain the customer. [2][3] What retention tactics should be used to retain this customer? For customers who are deemed worthy of saving, it is essential for the company to know which save tactics are most likely to be successful. Tactics commonly used range from providing special customer discounts to sending customers communications that reinforce the value proposition of the given service. Price discrimination: Where a monopoly exists, the price of a product is likely to be higher than in a competitive market and the quantity sold less, generating monopoly profits for the seller. These profits can be increased further if the market can be segmented with different prices charged to different segments charging higher prices to those segments willing and able to pay more and charging less to those whose demand is price elastic. The price discriminator might need to create rate fences that will prevent members of a higher price segment from purchasing at the prices available to members of a lower price segment. This behavior is rational on the part of the monopolist, but is often seen by competition authorities as an abuse of a monopoly position, whether or not the monopoly itself is sanctioned. Areas in which this price discrimination is seen range from transportation to pharmaceutical.