Wednesday, July 1, 2020

Liability Claim House - Free Essay Example

Liability Claim House Question One In order to determine whether Hermione will be successful in a claim against Harry, the law of tort is examined. A tort may be defined as the breach of a legal duty owed, independent of contract by one person to another, for which a common law action for unliquidated damages may be brought. If we take into consideration the Hedley Byrne v Heller (1964) case where the claimants were an advertising agency, who had been asked by a firm called Easipower Ltd to buy substantial amounts of advertising space on their behalf. To make sure their clients were creditworthy, Hedley Byrne asked their own bank, the National Provincial, to check on them. National Provincial twice contacted Heller, who were Easipower’s bankers and were backing them financially, to inquire about Easipower’s creditworthiness. Heller gave favourable references on both occasions, but in each time included a disclaimer – ‘without responsibility on the part of this Bank or its officials’. The second inquiry asked whether Easipower was ‘trustworthy, in the way of business, to the extent of  £100,000 per annum’, and Heller answered that Easipower was a respectably constituted company, considered good for its ordinary business engagement. This message was conveyed to Hedley Byrne, and , relying on that advice, they entered into a contract with Easipower Ltd. Easipower later went into liquidation, leaving Hedley Byrne to pay the  £ 17,000 due to companies from whom they had bou ght advertising space. Hedley Byrne claimed this amount from Heller. In view of the words disclaiming liability, the House of Lords held that no duty of care was accepted by Heller, and none arose, so the claim failed. However, the House also considered what their conclusion would have been if no words of disclaimer had been used, and this is where the importance of the case lies. Their Lordships stated obiter that in appropriate circumstances, there could be a duty of care to give careful advice, and that breach of that duty could give rise to liability for negligence. The greatest impact of Hedley Byrne v Heller has undoubtedly been in the sphere of professional work, because it is here that one person’s reliance on advice from another is most likely to be regarded as reasonable. In fact, the principle has been extended to situations in which there is no apparent ‘advice’ at all, but where the professional adviser can be said to have assumed respons ibility for the service which he provides, hence the Hedley Byrne principals. The House of Lords laid down a number of requirements which claimants would need to satisfy in order to establish a duty of care under Hedley Byrne. There must be a ‘special relationship’ between the parties; a voluntary assumption of responsibility by the party giving the advice; reliance by the other party on that advice or information; and such reliance must be reasonable. Lord Reid made it plain that the ‘special relationship’ requirement meant that Hedley Byrne only covers situations where advice is given in a business context. Advice given off-the-cuff in a social setting will therefore not, as a rule, give rise to a duty of care. In some cases it has been suggested that even in a business context, the required relationship will only exist where the defendants are in the business of providing the actual type of advice that the claimants sought. This was held in Mutu al Life and Citizens Assurance v Evatt (1971), where an insurance company had carelessly given false information about a company in which the claimant had invested. The Privy Council held that there was no duty of care; the defendants were in the business of providing insurance, not providing investment advice, and could not be liable for such advice. A majority of the court held that Hedley Byrne should be restricted to cases involving people whose profession centres around giving of advice, such as accountants, solicitors and surveyors. In Smith v Eric S Bush (1990), the claimants were the purchasers of a house which had been negligently surveyed by the defendants, and was worth much less than they had paid for it. The survey had been commissioned by the building society from which the claimants had sought a mortgage, as part of its standard practice of ensuring that the property was worth at least the money that was being lent. However, such surveys were routinely relied upon by purchasers as well, and in fact purchasers actually paid the building society to have the survey done, although the surveyors’ contract was always with the building society. The House of Lords held that in such situations surveyors assumed a duty of care to house purchasers; even though the surveys were not done for the purpose of advising home buyers, surveyors would be well aware that buyers were likely to rely on their valuation, and the surveyors only had the work in the first place because buyers were willing to pay their fees. However it should be noted that this did not impose a particularly wide liability: the extent of the surveyors’ liability was limited to compensating the buyer of the house for up to the value of the house. Therefore, based on the above cases and principals, it is apparent that the surveyor was negligent and that Hermione will definitely be successful in a claim against Harry. Question two An employer will only be responsible for torts committed by their employees is those torts are committed in the course of the employment, rather than, as the courts have put it, when the employee is on a ‘frolic of his own’ (Hilton v Thomas Burton (Rhodes) Ltd (1961) ). The tort will have been committed in the course of employment if the act which comprises the tort is one which has been authorised by the employer, even if the employee performs the act in a manner which was not authorised by the employer. An employer may also be liable for acts done by employees (but not independent to contractors) where their behaviour has not been authorised, but is sufficiently connected with authorised acts that it can be regarded as merely an improper way of committing the authorised acts. In the past this has allowed for a wide interpretation of the phase ‘in the course of their employment’. In Century Insurance v Northern Ireland Road Transport (1942), the def endants’ employee, a petrol tanker driver, was unloading petrol from his tanker to underground storage in the claimant’s garage, when he struck a match to light a cigarette and then dropped the lighted match on to the ground. This caused an explosion, damaging the claimant’s property. The defendants were found to be vicariously liable for his negligence, on the basis that what he doing at the time was part of his job, even if he was doing it in a negligent way. It was agreed that the match was struck for his own purposes, not those of the employer, but nevertheless, in the circumstances in which it was done it was still the course of his employment. In the case of Storey v Ashton (1869), some employees had finished delivering wine for their employer and were on their way back after their official work hours were over. They decided to take a detour to visit a relation of one of the employees. On the way there they negligently ran over the claimant. His atte mpt to sue their employer failed as they were treated as being on a ‘new and independent journey’ from their work trip at the time of the accident. An employer who expressly prohibits an act will not be liable if an employee commits that act. However, the employer may be liable if the prohibition can be regarded as applying to the way in which the job is done, rather than to the scope of the job itself. In Limpus v London General Omnibus Co (1862) a bus driver had been given written instructions not to race with or obstruct other buses. He disobeyed this order, and while racing another bus, he caused a collision with the claimant’s bus, which damaged it. The court held that he was doing an act which he was authorised to do that is driving the bus in such a way as to promote the defendants’ business. This meant that he was within the course of his employment, even though the way he was doing the job was quite improper and had been prohibited. The defe ndants were vicariously liable. In the cases of criminal acts alleged to be done in the course of employment, tend to take the form of either violent assaults or property offences such as theft. In the case of assaults, the courts are very unlikely to find that the employee acted in the course of employment. Because vicarious liability makes the employer and employee joint tortfeasors, each fully liable to the claimant, an employee who is sued on the basis of vicarious liability is entitled to sue the employee in turn, and recover some or all of the damages paid for the employee’s tort. This is called an indemnity, and the employer’s entitlement to sue may derive either from the provisions of the Civil Liability (Contribution) Act 1978, or in common law under the principle in Lister v Romford Ice and Cold Storage (1957). Vicarious liability obviously conflicts with the basic principle of tort, that wrongdoers should be liable for their own actions. It has bee n pointed out that the employer is in control of the conduct of employees, and therefore should be responsible for their acts. While this may have persuasive in the past, in modern industrial society, with its increasingly sophisticated division of labour, it is very difficult to believe. This therefore contributes to the reasons why vicarious liability is imposed. The other reasons include the benefit of work done by employees to employers, prevents negligent recruitment, promotion of care by employers to employees if imposition of liability is on employers and an employer will be in the best financial position to meet a claim, either because its resources are greater than those of an individual employee, or, more often because it has relevant insurance cover. Therefore based on the above an employer is always liable for torts committed by the people that he employs to carry out work, unless as in the case of Storey v Ashton mentioned above. Question Three The tort of nuisance sets out to protect the right to use and enjoy land, without interference from others. There are actually three types of nuisance, private, public and statutory. The tort of private nuisance essentially arises from the fact that, whether we are out in the countryside or in the middle of a city, we all have neighbours and the way they behave on their land may affect us on ours. The essence of liability for private nuisance is an unreasonable interference with another’s use or enjoyment of land, and in assessing what is reasonable, the courts will try to balance each party’s right to use the land as they wish. In Murdoch v Glacier Co Ltd (1998) the claimant lived near to the defendant’s factory. She complained that a low droning noise which came from the factory at night was preventing her from sleeping. Her evidence included a report from the World Health Organisation stating that this type of noise had been proved to disturb sleep if it went above a particular level, and the noise from the factory was measured and found to be at or above this level. The Court of Appeal held that the trial judge was right in holding that this did not constitute an actionable nuisance considering the area in which the claimant’s house was situated, which was among other things close to a busy bypass, and considering that fact that no other local residents had complained about the noise. Based on the above principal, the locality of the Black’s house would impact on the decision made by the court, the Black’s purchased the house knowing the location, therefore Mr and Mrs Black will be unsuccessful in a claim for damages or loss of enjoyment of the land against the owners of the factory, but may be successful in attaining an injunction. An injunction is the main remedy for nuisance and it makes the defendant stop the activity which is causing the nuisance for a specific time period. The degree of the injun ction will depend entirely upon the decision taken by the court of law. In St Helens Smelting Co v Tipping (1865), where the fumes from the copper-smelting works actually damaged trees and shrubs, this is enough grounds for Mr Black to claim against the owners of the factory for damages to the paint of his house. As it should be noted that, where physical damage is caused to the claimants property, the locality is irrelevant. This brings us to the advise for Sirius, in Hunter v Canary Wharf Ltd (1997), the House of Lords emphasised that private nuisance is a tort to land, rather than to those who own or occupy it. This means that no-one, not even the occupier, can recover damages in private nuisance for personal injury. It seems that damage to an occupiers goods is regarded as consequential on the damage to the land, so that damages can be recovered for this. However, public nuisance covers an even wider area than private nuisance, partly because it is not limited to interf erence with land. Public nuisance falls into two fairly broad categories, the interference with the exercise of public rights and the kind of interference such as noise and smoke, which is commonly a private nuisance, will also become a public nuisance if it affects a sufficiently substantial neighbourhood or section of the public. Whether or not this is so is a question of fact as in the case of A-G v PYA Quarries Ltd (1957), thus as in R v Lloyd (1802), where only three people complained of the noise, the defendant was held not guilty of public nuisance. The fact that a person is inconvenienced by a public nuisance does not of itself entitle him to recover damages in respect of it – Winterbottom v Lord Derby (1867). In order to claim damages Sirius must show that he has suffered some ‘special’ or ‘particular’ damage, over and above what is sustained by the public inn general. This requirement is satisfied due to his deterioration of health. As for Mr Black’s car, the damage to the paintwork, as in the case of Halsey v Esso Petroleum Co Ltd (1961), Mr Black is entitled to complain of the damage that is caused by the smuts from the factory. He would thus be able to recover the costs incurred for the repair of the paintwork to the car.

Tuesday, May 19, 2020

Biography of Kublai Khan, Ruler of Mongolia and China

Kublai Khan (September 23, 1215–February 18, 1294) was a Mongol emperor who founded the Yuan Dynasty in China. He was the most famous grandson of the great conqueror Genghis Khan, expanding his grandfathers empire and ruling the vast territory. He was the first non-Han emperor to conquer all of China. Fast Fact: Kublai Khan Known For:  Mongol Emperor, conqueror of southern China, founder of the Yuan dynasty in ChinaAlso Known As:  Kubla, KhubilaiBorn:  September 23, 1215 in MongoliaParents: Tolui and SorkhotaniDied:  February 18, 1294 in Khanbaliq (modern-day Beijing, China)Education: UnknownSpouse(s): Tegulen, Chabi of the Khonigirad, Nambui  Children: Dorji, Zhenjin, Manggala, Nomukhan, Khutugh-beki, and many others Early Life Although Kublai Khan was the grandson of Genghis Khan, very little is known about his childhood. We do know that Kublai was born in 1215 to Tolui (the youngest son of Genghis) and his wife Sorkhotani, a Nestorian Christian princess of the Kereyid Confederacy. Kublai was the couples fourth son. Sorkhotani was famously ambitious for her sons  and raised them to be leaders of the Mongol Empire, despite their alcoholic and fairly ineffectual father. Sorkhotanis political savvy was legendary; Rashid al-Din of Persia noted that she was extremely intelligent and able and towered above all the women in the world. With their mothers support and influence, Kublai and his brothers would go on to take control of the Mongol world from their uncles and cousins. Kublais brothers included Mongke, later also Great Khan of the Mongol Empire, and Hulagu, Khan of the Ilkhanate in the Middle East who crushed the Assassins but was fought to a standstill at Ayn Jalut by the Egyptian Mamluks. From an early age, Kublai proved adept at traditional Mongol pursuits. At 9, he had his first recorded hunting success and he would relish hunting for the rest of his life. He also excelled at conquest, the other Mongolian sport of the day. Gathering Power In 1236, Kublais uncle Ogedei Khan granted the young man a fiefdom of 10,000 households in Hebei Province, northern China. Kublai did not administer the region directly, allowing his Mongol agents a free hand. They imposed such high taxes on the Chinese peasants that many fled their land. At last, Kublai took a direct interest and halted abuses, so that the population grew once more. When Kublais brother Mongke became Great Khan in 1251, he named Kublai Viceroy of Northern China. Two years later, Kublai struck deep into southwest China, in what would be a three-year campaign to pacify Yunnan, the Sichuan region, and the Kingdom of Dali. In a sign of his growing attachment to China and Chinese customs, Kublai ordered his advisors to select a site for a new capital based on feng shui. They chose a spot on the frontier between Chinas agricultural lands and the Mongolian steppe; Kublais new northern capital was called Shang-tu (Upper Capital), which Europeans later interpreted as Xanadu. Kublai was at war in Sichuan once again in 1259, when he learned that his brother Mongke had died. Kublai did not immediately withdraw from Sichuan upon Mongke Khans death, leaving his younger brother Arik Boke time to gather troops and convene a kuriltai, or selecting council, in Karakhoram, the Mongol capital. The kuriltai named Arik Boke as the new Great Khan, but Kublai and his brother Hulagu disputed the result and held their own kuriltai, which named Kublai the Great Khan. This dispute touched off a civil war. Kublai, the Great Khan Kublais troops destroyed the Mongol capital at Karakhoram, but Arik Bokes army continued fighting. It was not until August 21, 1264, that Arik Boke finally surrendered to his older brother at Shang-tu. As Great Khan, Kublai Khan had direct control over the Mongol homeland and Mongol possessions in China. He was also the head of the larger Mongol Empire, with a measure of authority over the leaders of the Golden Horde in Russia, the Ilkhanates in the Middle East, and the other hordes. Although Kublai exerted power over much of Eurasia, opponents to Mongol rule still held out in nearby southern China. He needed to conquer this region once and for all and unite the land. Conquest of Song China In a program to win Chinese allegiance, Kublai Khan converted to Buddhism, moved his main capital from Shang-du to Dadu (modern-day Beijing), and named his dynasty in China Dai Yuan in 1271. Naturally, this prompted charges that he was abandoning his Mongol heritage and sparked riots in Karakhoram. Nevertheless, this tactic was successful. In 1276, most of the Song imperial family formally surrendered to Kublai Khan, yielding their royal seal to him, but this was not the end of resistance. Led by the Empress Dowager, loyalists continued to fight until 1279, when the Battle of Yamen marked the final conquest of Song China. As Mongol forces surrounded the palace, a Song official jumped into the ocean carrying the 8-year-old Chinese emperor, and both drowned. Kublai Khan as Yuan Emperor Kublai Khan came to power through strength of arms, but his reign also featured advancements in political organization and the arts and sciences. The first Yuan Emperor organized his bureaucracy based on the traditional Mongol ordu or court system, but also adopted many aspects of Chinese administrative practice. It was a shrewd decision since he had only tens of thousands of Mongols with him, and they had to rule millions of Chinese. Kublai Khan also employed large numbers of Chinese officials and advisors. New artistic styles flourished as Kublai Khan sponsored a melding of Chinese and Tibetan Buddhism. He also issued paper currency that was good throughout China and was backed by gold reserves. The emperor patronized astronomers and clockmakers  and hired a monk to create a written language for some of Western Chinas non-literate languages. Visit of Marco Polo From a European perspective, one of the most important events in Kublai Khans reign was the 20-year sojourn in China by Marco Polo, along with his father and uncle. To the Mongols, however, this interaction was simply an amusing footnote. Marcos father and uncle had previously visited Kublai Khan  and were returning in 1271 to deliver a letter from the Pope and some oil from Jerusalem to the Mongol ruler. The Venetian merchants brought along the 16-year-old Marco, who was gifted in languages. After an overland journey of three and a half years, the Polos reached Shang-du. Marco likely served as a court functionary of some sort. Although the family asked permission to return to Venice several times over the years, Kublai Khan denied their requests. Finally, in 1292, they were allowed to return along with the wedding cortege of a Mongol princess, who was sent to Persia to marry one of the Ilkhans. The wedding party sailed the Indian Ocean trade routes, a voyage that took two years and introduced Marco Polo to what is now Vietnam, Malaysia, Indonesia, and India. Marco Polos vivid descriptions of his Asian travels, as told to a friend, inspired many other Europeans to seek wealth and exotic experiences in the Far East. However, it is important not to overstate his influence; trade along the Silk Road was in full flow long before his travelogue was published. Kublai Khans Invasions and Blunders Although he ruled the worlds richest empire in Yuan China, as well as the second-largest land empire ever, Kublai Khan was not content. He grew obsessed with further conquest in East and Southeast Asia. Kublais land-based attacks on Burma, Annam (northern Vietnam), Sakhalin, and Champa (southern Vietnam) were all nominally successful. Each of these countries became tributary states of Yuan China, but the tribute they submitted did not even begin to pay for the cost of conquering them. Even more ill-advised were Kublai Khans sea-borne invasions of Japan in 1274 and 1281, as well as the 1293 invasion of Java (now in Indonesia). The defeats of these armadas seemed to some of Kublai Khans subjects as a sign that he had lost the Mandate of Heaven. Death In 1281, Kublai Khans favorite wife and close companion Chabi died. This sad event was followed in 1285 by the death of Zhenjin, the Great Khans oldest son and heir apparent. With these losses, the Kublai Khan began to withdraw from the  administration of his empire. Kublai Khan tried to drown his sorrow with alcohol and luxurious food. He grew quite obese and developed gout. After a long decline, he died on February 18, 1294. He was buried in secret burial grounds in Mongolia. Kublai Khans Legacy The Great Khan was succeeded by his grandson Temur Khan, the son of Zhenjin. Kublais daughter Khutugh-beki married King Chungnyeol of Goryeo and became Queen of Korea as well. In Europe, Khans empire prompted wild flights of fancy from the time of  Marco Polos  expedition. His name may be most remembered in western countries today from the poem Kubla Khan, written by Samuel Coleridge in 1797. More importantly, Kublai Khans reign had an enormous impact on Asian history. He is regarded as one of the greatest rulers in history. He had reunited China after centuries of division and strife and ruled with shrewdness. Although the Yuan Dynasty lasted only until 1368, it served as a precedent for the later ethnic-Manchu Qing Dynasty. Sources Polo, Marco, Hugh Murray Giovanni Battista Baldelli Boni. The Travels of Marco Polo, New York: Harper Brothers, 1845.Rossabi, Morris. Khubilai Khan: His Life and Times, Berkeley: University of California Press, 1988.

anyone taking business law Essay - 631 Words

The mediation process starts by the agreement of two people whom are willing to bring in a neutral third party to settle a dispute between them. It can start almost anytime because it is the decision between the two parties. That being said it is obvious that mediation can start before a case is ever filed or as late as before a decision was ever made by the courts. To find a balanced agreement the mediator meets with both people disputing the case. He will meet with them together and privately. The mediator helps find a solution to resolve the case in only a few hours. Statistics have proven that 85% of commercial matters and 95% of personal injury matters end in written settlement agreements. Any type of civil dispute can be settled†¦show more content†¦We further agree that the above controversy be submitted to (one)(three) arbitrator(s). We further agree that we will faithfully observe this agreement and the rules, that we will abide by and perform any award rendered by the arbitrator(s), and that a judgment of the court having jurisdiction may be entered on the award†. The arbitrators are selected by a list that The American Arbitration Association gives both parties. After the filing of submission the list id distributed to both parties. The parties are allowed fifth teen days to cross out any names they definitely do not want. If administration is under the Expedited Procedures, the parties are allowed only seven days to study the list of five arbitrators, cross out two names, and number the remaining names in order of preference. Next the AAA will receive the list and compare. The parties may request more lists to choose from if it is necessary. Then last if an agreement has not been made the AAA makes a decision but, they will not choose any names that have been crossed out by either party. The process of the arbitration is as the following: The arbitrator makes a date and time that is available to both parties and him. It needs a ten day notice. Next each party can pick people to represent them and must giveShow MoreRelatedUnited Kingdom Case Study962 Words   |  4 PagesUnited Kingdom Starting a new business can be challenging and bring risks as well as great opportunities. Many companies made decisions to do internal business within the United Kingdom and became very successful. The United Kingdom is known for striving progression with innovations. They greatly encourage and support entrepreneurs, creatives and even problem solvers who can assist with helping the economy for the country. This student will be going over a couple of different factors and issues thatRead More There are no Truly Victimless Crimes Essay1026 Words   |  5 Pages A man chooses to take cocaine. He understands the risks he is taking, and he believes that taking the cocaine is worth the risk. 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Wednesday, May 6, 2020

Impact Of Feminism On Individuals Within Society - 1587 Words

Impact To analyze the impact the three waves of feminism had on individuals within society, three interviews were conducted with women from different generations. The first interview was with Roberta, a 74-year-old woman who has been married for almost 55 years and has always defined herself first-and-foremost as a mother. She held a few odd jobs before and after she had kids in the home, but worked as a retail salesperson, a bank teller, and a school secretary. The second interviewee was Amy, a 45-year-old woman who is a mother of three and a secondary mathematics teacher. Finally, Callie, a 15-year-old woman who is primarily a student was interviewed. The first change between the three interviews was reflected in their overall view on†¦show more content†¦Under the influence of Title IX, America has seen a large increase in women gaining a college education, and this was also supported in the progression of interviews conducted. Roberta did not gain a college education. At the time she graduated high-school, her main focus was on settling down and starting a family. However, that was natural for the women she was surrounded by in 1950. Additionally, there were not any laws preventing colleges from discriminating against women in regards to acceptance or the programs they allowed women to seek degrees in and no laws preventing employers from discriminating within their hiring processes. However, by the time Amy graduated in 1990, Title IX had long been implemented, and many women began seeking degrees in a wide variety of fields. Amy chose to get a degree in Secondary Education and Mathematics. In today’s world, the re is an implication that every person is expected to go to college if they wish to be successful in their career pursuits, regardless of their gender. There is now a large initiative to encourage women to pursue careers in STEM fields. This initiative is so far-reaching it has even made its way into the mass marketing of television ads. 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The Importance of Prayer in Islam Worship - 804 Words

1. The Importance of Prayer in Islam Worship 2. Raden Kartini Prayer is one of the most cardinal elements of Islamic worship. The Muslims highly regard prayer as an important aspect of their life. Prayer, in addition to the testimony of faith, the journey to Mecca, paying the poor tax and fasting during the period of Ramadan, forms the most significant model of religious life for Muslims. Salat is a ritual prayer highly upheld in the Muslim fraternity. It is a daily ritual prayer executed five times a day by all Muslims. One of the originations of the name Salat is the base word Silat which means contact or connection. This means that the prayer brings the servant closer to his creator. Also it is believed that the word Salat is derived from Silat, which happens to be one of the names of fire when said in the context, â€Å"The wood is burned by fire.† Muslims are obligated to perform this ritual prayer five times a day, at different time intervals. 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Organic Pet Food Marketing Plan free essay sample

Provide Samples inside food bags of low-grade or non-organic quality with information outlining importance of quality and safety Partner with veterinarian associations and locally to provide samples Provide on pack premium sample at pet food stores for purchases related to pet entertainment or comfort (toys, grooming, houses, automated feeders, etc. ) Have pet â€Å"professionals† at pet stores at peak times provide free seminars on pet nutrition and health emphasizing importance of food quality that is consistent with our own eating habits and will reduce medical costs. Convenience of purchasing at grocery chains Strategy 3 Target Demographic: Lower income families Immigrants Single-parents Young under-employed and Students Blue-collar Workers Product: Natural Dry Dog and Cat Food Natural Dog and Cat Treats Pricing:Consistent with other traditional dog and cat foods Customers are extremely price sensitive and not loyal to brand. Purpose of low-grade â€Å"natural† product is to offer some safety guarantees at similar cost to create brand awareness and loyalty that may improve chances of upgrade to premium product with increase in income. We will write a custom essay sample on Organic Pet Food Marketing Plan or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The advantage is it will provide opportunity for high volume sales, but the disadvantage of lowering the brand image as high quality. (Consider the Whole Foods model in contrast) Distribution Channel:Grocery Chains reaching target demographic Convenience Stores Wal-Mart Promotion:Local Billboards Provide on-shelf coupons and newspaper coupons Provide scanner coupons Contest game piece in food bags Have pet â€Å"professionals† at pet stores at peak times provide free seminars on pet nutrition and health emphasizing importance of food quality that is consistent with our own eating habits and will reduce medical costs. Convenience of purchasing is critical Strategy 4 Target Demographic: Similar Demographic Groups in Europe, Australia, and Canade Product: Premium and Mid Grade Certified Organic Dry Dog and Cat Food Premium and Mid Grade Certified Organic Dog and Cat Treats Pricing:See Strategy A B Distribution Channel:Grocery Chains Promotion:Hire Country Consultant for promotions strategy Strategy 5 Target Demographic: Existing Organic Pet Food Consumers Product: Premium Certified Organic Dry and Wet Dog and Cat Food Premium Certified Organic Dog and Cat Treats Pricing:Consistent with other premium dog and cat foods (maintain high price). These are the educated and brand loyal consumers that will remain consistent consumers if convinced of quality and commitment to environment, animals, and social justice. Currently a small portion of market, and competing for these customers does not currently make strategic sense. Distribution Channel:Organic and Natural Markets Promotion:Charitable giving and sponsorship of events/non-profits Provide Samples inside food bags of mid-grade or non-organic quality with information outlining importance of quality and safety Partner with veterinarian associations and locally to provide samples Provide on pack premium sample at pet food stores for purchases related to pet entertainment or comfort (toys, grooming, houses, automated feeders, etc. ) Works Cited and Appendices Barnes, Nora.

Digital Marketing Strategy Which Highfield Hotel-Free-Samples for Stud

Question: Discuss about the Highfield hotel location in Sydney hotel. Answer: Introduction Highfield hotel is located at ideal location in Sydney, Australia. The hotel provides various facilities to the customers like free wireless internet access, refrigerator, heater, DVD player, color television, room services, etc. Customers can get clean, comfortable and spacious rooms at Highfield hotel. They can enjoy delicious food at the place. Faxing facilities, laundry facilities, non-smoking rooms and reception facility are also available in the hotel. Travel facilities are also available nearby hotel so the customers can easily travel to different places (Highfieldhotel, 2017). Prices of rooms are normal as middle class people can easily use the services. The hotel mainly targets singles and married couples. Although the hotel is providing best facilities but it is facing problems in attracting customers. Only limited numbers of the customers come in the hotel. The main reason is the weak online presence of the brand by which the hotel is not getting customers (Buhalis Kaldis , 2008). The hotel is not using appropriate digital marketing strategies for promoting the brand. (Source: Highfieldhotel, 2017) Figure 1: Website of Highfield Hotel Why does Highfield hotel unsuccessful in digital marketing strategy? It has been analyzed after carefully examining the digital marketing strategies of Highfield hotel that it is not using appropriate digital marketing methods to attract customers. Highfield hotel is using only some digital marketing methods like some travel companies websites like,,, etc., have added hotel name in their directory. Highfield hotel is using only some social media accounts for promotion. The content available on the website is also not attractive. The layout and the design of the website are also not eye-catching (Highfieldhotel, 2017). Social media icons are not available on the hotels website. Highfield hotel uses only Facebook and you tube for marketing and on these platforms also the hotel does not post regularly. On Facebook the hotel posted only few images and the images were not creative and on you tube also the hotel has posted few videos and the videos are also not interesting. The hotel is not using content m arketing method for promoting the brand but the major competitors of the hotel are using content marking. Highfield hotel is also not using other digital marketing methods like search engine marketing, search engine optimization, email marketing, pay per click advertising and affiliated marketing. Target customers of Highfield hotel Mainly Highfield hotel is targeting families. In Highfield hotel, room facilities are available for singles, married couples and for tourists. There are so many tourist places available in Sydney. Sydney is one of the best tourist destinations in Australia. Many international and domestic visitors come in Sydney every year for visiting beautiful places. The local attraction points nearby Highfield hotel are Opera house, Harbour bridge, the rocks, royal botanic garden, Sydney aquarium, Toranga zoo, The Australian Museum, the powerhouse museum, the art gallery of NSW, Coogee beach, Bondi beach, Manly beach, Maroubra beach, Watson bay, paddys market, Harbourside shopping centre, Westfield shopping centres, Queen victoria building, broadway shopping centre and Duty free shop galleries. Tourists stay at Highfield hotel to visit these places. Rooms are available in lower cost so customers do not have to spend much money (Highfieldhotel, 2017). Why does Highfield hotel unsuccessful in meeting needs of customers? Highfield hotel is unable to meet needs and expectations of target customers digitally. In the current digital world customers like to connect with the company through digital medium. Customers like to see information about the company and its services on social networking sites and on other digital platforms. Highfield hotel did not give emphasis on digital marketing so the hotel failed in attracting customers. In the modern world people use digital mediums to search information related to their needs like before trying services of any company, customers do research about the company on digital mediums (Chang, Wang Yang, 2009). For example before selecting any hotel people check reviews of other customers on social media sites and on hotels website. Attractive website of company also helps to create its positive image in customers mind but the website of Highfield hotel is very normal. If a new person checks the website of the hotel then he or she will definitely find it unappealin g because the layout and the design of the website are unattractive (Cristobal, Flavin Guinaliu, 2007). On good keywords such as best hotel in Sydney, the website is not appearing in the top pages of search engines. Digitally the Highfield private hotel is sending bad brand messages to customers. Facebook marketing strategy for Highfield private hotel Facebook is one of most used and popular social networking sites. From the social media statistics Australia of June, 2017 it has been analyzed that there are around 17,000,000 monthly Facebook users in Australia. In different countries the figure is different. Numbers of Facebook users are increasing rapidly because people like to share information and they can easily get interesting information on Facebook. Many Companies use Facebook to give their message to target customers. For Facebook marketing the HighField private hotel has to do many things. First the hotel has to design an interactive Facebook page for brand promotion. Attractive images of the hotel should be added in photo gallery. Beautiful cover image should be chosen and the hotel should add its logo on the cover image. For Facebook marketing first the hotel has to set goals. Goals help to formulate strategies. The hotel can set goals such as gather leads, get sales and increase brand awareness, etc (Smithson, Devece Lapiedra, 2011. Highfield hotel can learn about the behavior of the customers by examining various Facebook analytical tools. By Facebook analytical tools the hotel can know demographic characteristics of customers. The hotel should also watch its competitors activities to check how competitors are attracting customers. The hotel can post photos, videos and content on the Facebook page. Hotel can also take help of sponsored ads to make the efforts effective. The hotel can easily create attractive ads through Facebook Ads manager. The hotel should do its SWOT analysis to identify its strengths, weaknesses, opportunities and threats. Highfield hotel can get more opportunity by doing competitors analysis (Ramanathan Ramanathan, 2011). On Facebook one persons action is mainly dependent on other persons action. If one person shows positive response then there is probability that other person will also show positive reaction. Like if one person posts positive comment or review on Facebook then there are more chances that many persons will be influenced by the comment (Bai, Law Wen, 2008). The hotel can increase likes and share on Facebook by posting attractive images of the services. Instagram marketing strategy for Highfield private hotel Nowadays companies are also using Instagram for marketing. On Intragram Highfield private hotel can promote its by using following tips. Highfield hotel does not have account on Instagram so first the hotel should create its instagram account. The hotel can post attractive pictures on instagram. Million users are using Instagram account. It is an effective social network that can help Highfield private hotel to reach potential customers present in different areas of the world (O'Connor, 2010). The hotel can take benefits of free Instagram tools. The hotel can post updates on different social networking sites and invite the customers to follow Instagram profile. The hotel should post regularly on Instagram account to maintain interest of customers. The hotel can make connectivity by maintaining interactivity with customers through posting comments. Highfield hotel should respond to the comments on all posts. Integrative Hash tags can also be used in the posts. The hotel can use brand specific hash tags, general hash tags and trending hash tags. Creative posts can help Highfield private hotel to connect with customers. The hotel should share brand story and videos on Instragram. For marketing on Instagram, Highfield hotel can use relationship marketing theory. In relationship marketing the company focuses to make long term relationship with customers. Better customer relationship management provides various benefits to the company (Jung, Ineson Green, 2013). Twitter marketing strategy for Highfield private hotel Many people use twitter nowadays because through twitter, people can get information quickly and easily. Twitter is a small message communication social networking site in which a person can post update within 140 characters (Garau Vadell Orfila-Sintes, 2007). Highfield hotel can increase brand awareness by using Twitter account. The hotel has to following activities on twitter account First the Highfield hotel has make account on Twitter and the hotel has to set its goals. On twitter the hotel can post images, videos, text and can also post link of other posts. Highfield hotel can invite others to follow. First the hotel has to start following people. Hotel can check activities of competitors by analyzing their twitter account. Highfield hotel has to design short and effective posts because in twitter there is word limits. Highfield hotel should add all the social media icons on its website so that visitors can directly go to social media accounts through website. Relationship marketing theory can be used in twitter marketing as the hotel should post messages to make connectivity with the customers (Buhalis Zoge, 2007). Conclusion In the given report Information about hotel Highfield private hotel is given. Some are reasons are explained for ineffectiveness of this brand. Mainly the report gives emphasis on digital marketing strategy which Highfield private hotel should use. Facebook marketing strategy, Instagram marketing strategy and twitter marketing strategy are shown in the report. The hotel can attract more customers and can fulfill expectations of customers easily by using digital marketing techniques. References Bai, B., Law, R. and Wen, I., 2008. The impact of website quality on customer satisfaction and purchase intentions: Evidence from Chinese online visitors, International Journal Of Hospitality Management, 27(3), pp.391-402. Buhalis, D. and Kaldis, K., 2008. eEnabled internet distribution for small and medium sized hotels: the case of Athens, Tourism Recreation Research, 33(1), pp.67-81. Buhalis, D. and Zoge, M., 2007. The strategic impact of the Internet on the tourism industry, Information and communication technologies in tourism, pp.481-492. Chang, H.H., Wang, Y.H. and Yang, W.Y., 2009. The impact of e-service quality, customer satisfaction and loyalty on e-marketing: Moderating effect of perceived value, Total Quality Management, 20(4), pp.423-443. Cristobal, E., Flavin, C. and Guinaliu, M., 2007. Perceived e-service quality (PeSQ) Measurement validation and effects on consumer satisfaction and web site loyalty, Managing Service Quality: An International Journal, 17(3), pp.317-340. Garau Vadell, J.B. and Orfila-Sintes, F., 2007. Internet innovation for external relations in the Balearic hotel industry, Journal of Business Industrial Marketing, 23(1), pp.70-80. Highfieldhotel, 2017. About Us, viewed on 5 August, 2017 from Highfieldhotel, 2017. Location, viewed on 5 August, 2017 from Jung, T.H., Ineson, E.M. and Green, E., 2013. Online social networking: Relationship marketing in UK hotels, Journal of Marketing Management, 29(3-4), pp.393-420. O'Connor, P., 2010. Managing a hotel's image on TripAdvisor. Journal of Hospitality Marketing Management, 19(7), pp.754-772. Ramanathan, U. and Ramanathan, R., 2011. Guests' perceptions on factors influencing customer loyalty: An analysis for UK hotels, International Journal of Contemporary Hospitality Management, 23(1), pp.7-25. Smithson, S., Devece, C.A. and Lapiedra, R., 2011. Online visibility as a source of competitive advantage for small-and medium-sized tourism accommodation enterprises, The Service Industries Journal, 31(10), pp.1573-1587.