Apple Function and Form free essay sample

Apple’s product line extends from iPhone to iPod, from softwares to customer aid programs, and all are directed to seek the maximum customer value for maximum competitive advantage. This report focuses on the case study of Apple Inc. evaluating the importance of competitive advantage, the means of achieving them, the generic strategy used by Apple and the implementation, advantages and limitations of these strategies. In the end, we have also elaborated the recommendations to these limitations. Apple Inc.  is the name of a multinational company, that makes personal computers, consumer electronics, computer software, servers and is a vast distributor of media content. Apple has gone far from being just a company. It has become a company that specializes in almost all computer products all the way from 1976 (Dpnick330. wikidot. com, 2008). Apple found its existence in the year 1976 when Steve Jobs and Steve Woznaik released the Apple I in California (Nostoptechnology. We will write a custom essay sample on Apple Function and Form or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page com, 2014). Since then apple has been flourishing and providing its market with the products of innovation. The creation of the iPhone gave a competitive edge to the company, released in 2001. The very first computer with GUI (Graphical User Interface) was Apple Lisa which was launched by Apple in 1984 (Bellis, 2013). The company with the help of its founder Steve Jobs realized the key to success was to excel in softwares and provide innovation by all means. Jobs, with the help of Wozniak, wanted to create a friendly desktop which would enable the users to use computers not as a hobby, at its very start (Lu? sted, 2012). Apple has been extending its chain of products and now offers longer, broader and bigger Book of Apple Hacks with tactics and tricks to get the most out of iPod, iPhone and Apple Tv (Seibold, 2008). As Jobs took care of the finances, Wozniak was taking care of improving the functionality of the company’s products from the very start. (Linzmayer and Linzmayer, 2004) Objectives: Objectives are the expected outcomes, the report will accomplish. They should be SMART (specific, measurable, attainable, realistic and timely), corporate, functional, systematic, operational, hierarchical, quantitative, realistic and consistent. The report will encompass the following objectives: †¢The competitive strategy used by Apple Inc. †¢The measures taken to implement this strategy. †¢Examples of using these strategies for giving a competitive edge. †¢Advantages of this strategy by evaluation. †¢Limitations of this strategy by evaluation. †¢Recommendations to improve and enhance the competitive position of Apple Inc. Main Findings: Competitive Advantage: Competitive advantage is the means by which a company can perform better than its competitors and gain higher profits. The ability to create more economic  value than competitors is a company’s competitive advantage. Competitive advantage for any company is accomplished when the company creates superior value for its customers in comparison to its customers (Porter, 1998). One of the hottest trends in the business today is analyzing the best methods of companies to enhance their performance (Boxwell, 1994). When enhancing the company’s performance, innovation must be a main feature and the company should introduce new means of attracting the customers. When the customers are attracted, profit is gained which attracts customers and limits competitors. Competitive advantage is always temporary because the competitors often offer something new/better or imitate the offering. When the firm’s offering is average, customers don’t prefer it. This limits the cost advantage of the company. Sometimes the competitive advantage doesn’t come in handy especially when the offerings made by the firms are not preferable, are outdated, costly or have a negative image in the market. There are two measures to evaluate competitive advantage: the first is accounting measures which include advantage, parity and disadvantage ; the other is economic measures including above normal, normal and below normal. In order to achieve sustainable competitive advantage the firm should make offerings which cannot be imitated, should be focusing on customer benefits, and should be sustainable against time, competition and environmental changes. Business Level Strategy: The ability of a company to evaluate systematic environmental changes and its competitors impact of change for enhancing the performance of a company is known as the business or corporate level strategy of that company (Furrer, 2011). Business Level options focus on firms operating as individuals. Corporate Level options concentrate on options available where a firm diversification and different markets, each with its own strategy, business team and profit centre. A corporate level adds up the corporate more and is more than the sum of its parts (Business Community, 2012). Strategic Clock: Business level strategy uses a strategic clock which aims at gaining the maximum competitive advantage on the basis of perception of money from prices. The clock represents different positions referring to the different customer requirements. It helps companies understand the changing trends of  the market and competitors strategies to enhance the performance. There are four strategies under this subject and they are: 1. No Frills Strategy: low priced offering low benefits includingcommodity markets, Price-sensitive customers, High power, low switching costs among buyers and Opportunity to avoid major competitors. 2. Low-Price Strategy: offering lower prices than competitors. This includes, Margin reductions and Inability to reinvest. 3. Hybrid Strategy: seeks at achieving differentiation and low price strategies together. 4. Differentiation Strategy: Seeks at providing the maximum quality with no cost considerations and maximum focus on the value. Apple Inc. uses this strategy to gain the maximum competitive advantage. Other strategies are failures, strategies that include increasing price without the product benefits, reduction in product benefits either by increasing prices or maintaining price-loss market share. Generic Strategies: What exactly is a strategy? Strategy is the direction implemented by the company in order to achieve its long term objectives and gain competitive advantage (Johnson and Scholes et al. There is a direct relationship with strategy is with objectives and tactics. Objectives are the points a company needs to achieve and tactics are the methods of how they will be achieved with the aid of strategies. Strategic choices depend on basis of strategies, strategic directions and finally methods of implementing them. A competitive strategy is the systematic search of competitive advantage of the company through its strategic means (Eldring, 2009). Thinking critically, a competitor is the only action a company has as a way to success (Kossowski, 2007). In the 1980s, Professor Michael Porter argued that there were only four fundamental strategic options the companies usually use and are called as Porter’s Generic Strategy Options. He identified four primary principles as: †¢Cost leadership. †¢Differentiation. †¢Focus cost leadership. †¢Focus differentiation. Apple’s Mission statement: A mission statement of a firm is the goals and objectives confined in a statement which a firm expects to accomplish in a long period of time and thus a broader way. Apple’s mission statement, according to the year 2013, is focused on making the best computers in the world along with their other products which included MAC, OS X, iLife, iWork and professional softwares (Strategic Management Insight, 2013). Apple leads the digital revolution for giving a new innovative idea to the phones of today along with the music industry through iTunes and iPods. Apple’s Strategy: Apple uses differentiation strategy rather than cost leadership strategy because for apple, it is not about making the most out of its products, but it’s about making the best out of its products (Riley, 2013). Apple’s differentiation strategy is a part of Porter’s generic strategy. This kind of strategy offers something that is innovative and new in the market and can be both service and the product itself. Innovations from competitors are striving to defect Apple’s ecosystem, but Apple is giving them a tough competition (Canada, 2012). It is differentiated when it makes and offers more benefits than the core products as an augmented product in a form of customer service, customer support, etc. This strategy offers premium money and focuses on increasing the quality of the product or a service. Generic differentiation occurs when the quality of the products offered by the company are above the expectations of the customers. Such strategies imply to focus on increasing the price of the products compared to the competitors thereby increasing the competitive advantage. Apple uses its differentiation strategy through the following ways. †¢Service: Service must become an efficient means of achieving as a competitive weapon and should not become a damage control function in order to enhance performance with customers (Frei and Morriss, 2012). Apple exceeds the quality of its services by providing customer support through their outlets and on the web. Employees at Apple are told not to sell, but to help customers solve their problems. That is the reason the number of visits to apple sites and outlets are more than that of Walt Disney (Hanselman, 2011). It made a new benchmark for providing ‘unmatched services’ which has made its own customers. The Apple company has scored the highest in PC makers’ customer service survey (Secrets of Apple’s customer success, 2014). †¢Brand: Brand is a type of a product manufactured under a product name (Ibsen, 2007). Apple finds itself at the peaks of the most valuable brands as its competition in the world (Cole, 2013). The brand has extensively increased the bar by introducing innovation again and again in the extension of its product line over the decades (Badenhausen, 2013). As stated in Apples Most Important Branding Lesson For Marketers (Mourdoukoutas, 2013) Out of all the lessons marketers can learn from apple one has an ultimate significance that is branding begins on the demand side. Apple has made its brand image by delivering quality products and receiving customer loyalty in exchange. Apple has raised the bar for its brand, using innovation as a key. For examples the use of Walkmans and music players were terminated when a small and confined iPod was introduced in the market by Apple. Similarly the use of computers was more comforting when technologies like laptops, Macbooks, notebooks etc. replaced desktops. Apple also provided its customers with great technologies in phones and softwares like Microsoft. In short, Apple provides more than the needs and demands of the customers by giving them value and satisfaction and always raising their own standards. †¢Marketing techniques: As stated in Apple’s iPhone Marketing Strategy Exposed, (Mckormack, 2013), Apple has no marketing budget and doesn’t advertise its products anywhere, but uses exclusivity technique. Apple used this technique by not only offering special offers on its products, but also made the whole product line exclusive. For example, iPhone product range is made exclusively. Limiting the availability of the products attracts most of the apple customers. This conformed to the unique nature of the products of Apple, which made its accessibility and demand more. Apple marketing strategy comes under the famous tag line ‘Sell on value, not price’ as the company aims at seeking the customer value as a priority. Apple turns something ordinary into innovative, justify its prices, ignores its critics, extends the experience, easy understanding with the customers, builds the tribe and makes a name. In January 1997 Apple incorporated a three point marketing philosophy which was based upon customer loyalty (Moorman, 2012). Apple has been following this philosophy since thirty five years and this is the reason because it was voted overall winner of the 2012 of CMO Survey Award for Marketing Excellence (Cmosurvey. org, 2014). †¢Online Business: Apple also deals in making e business with its customers. It sells, assists and aware its customers through online websites. Customers from different locations and areas can access the sites for any related problems or information on the products and services of apple. It makes free shipping orders using FOB methods. The App store did $10 billion sales and $1 billion sales in December out of which 65% came from the online business yet alone (Yarow, 2013). Advantages of differentiation strategy: Following are the benefits of the strategy. †¢Customer Loyalty: Apple has the most customer loyalty compared to its competitors. An iPhone customer is hard to debate with an android customer. Apple customers forever stay with its brand and never turn to its customers because of the value it provides to its customers. The extensive customer loyalty of Apple lies in its simplicity to use and reliability concerns (Rogowsky, 2013). †¢An increasing competitive advantage: Being unique and giving extraordinary services makes Apple a leading brand with an increasing competitive advantage. The prices of Apple products are always high, but the quality and the value justify them all. Apple focuses on the value not the price or revenue. Putting every factor together Apple has a differential advantage that is challenging to put forth for any of its competitors (Magee, 2011). Limitations of the differentiation Strategy: Following are the limitations of Apple’s strategy: †¢Difficulty in managing the strategy: It is comparatively hard and difficult to maintain the differentiation strategy as many factors need to be considered in evaluating the value. †¢Higher costs: Apple’s products are always of high costs due to which many of its customers are drifting away. Some of the loyal Apple shareholders believe that Apple is making a huge mistake by blindly focusing on short term profits in the mobile industry and denying the current realities (Blodget, 2013a). Apple is being defeated by Samsung, because of its high prices, which is the leading smart phone company in the market (Kovach, 2014). Recommendations: Following are the recommendations for apple. †¢Introduce reasonable costs and focus b and c type markets. †¢Introduce more innovation in the differentiation strategy. †¢Maintain its strong brand by also providing the advertisements. †¢Keep awareness about its competitors and other external factors. Conclusion: The report envisaged the ways and the importance of competitive advantage prevailing in Apple Inc.  It also elaborated and evaluated the generic strategy used by the company that is Differentiation strategy. This report elaborated the means and the implemented of the strategy under focus along with its advantages and limitations. Furthermore, it contributed in explaining the recommendations.

How was world war 1 won by the allies essays

How was world war 1 won by the allies essays How was World War I won by the allies? The first world war must have been one of the greatest technological period in the decennia , and one of the most cruel because they did not yet know what they had found out for example mustard gas ,the tanks and their rifles, which caused great loses on both sides of the war. I will answer the question How was WWI won by the allies? I will discuss what I think what was the most important event in 1916, 17 and 18. In February 1916 the Germans captured strategic points, the French forts where first to fall. Both sides gave all , the French and the Germans attacked and counter attacked each other until one finally the French army got so thin and scattered that the Germans where closing in. But the English came to help and planned an attack on the Somme; a 1.25 million people had died. Including the best, most experienced soldiers and officers from Germany. This was seen as an expensive failure, but now we see it as an event that had an influence on the end of the war. Also new tactics like, the creeping barrage, the artillery ambush and the tank, where developed and used by the Allies, because the artillery became more and more accurate. In 1917 the creeping barrage where brought into plan. This was a unit of soldiers moving forward slowly behind a barrage of artillery, and when retreating from up marching German soldiers the Germans would be hit by the artillery, this was only possible by the accuracy of the artillery. The Germans introduced the submarines because they suspected that USA was supplying the French and the English with food and other goods, they not only sank military boats but also passengers boats, this raged the Americans and declared war on the Germans in 1st of April. The Americans send troops but not enough yet they still didnt h ...

Speaking annhiliation Assignment Example | Topics and Well Written Essays - 250 words - 1

Speaking annhiliation - Assignment Example He links the Little Ice age to well known historical events such as retreat of Napoleon from Moscow and the discovery of the new world by the Europeans. The role of crop failure in French revolution cannot be undermined .The book underlines the important relation that humans have with nature. The important thesis of the article is the correlation between man and nature. Man may believe that he has tamed nature to his wishes but he is made aware of the actual situation time and again. Most of the decisions taken by mankind are ruled by the forces of nature. Although many would like to believe that there was not enough technological advancement during that time to fight nature but the article does make one think about the present changes in the environment and the little role humans can play in it. The article provides a sobering thought about the power of nature and how humans have and always will evolve their life along these changes – any effort to control the faces of nature will always come to a

Health Promotion Plan Essay Example | Topics and Well Written Essays - 1250 words

Health Promotion Plan - Essay Example Compared to the mortality rates from all races, deaths from malignant neoplasms are higher among African Americans as the mortality rate of malignant neoplasms from all races is only 321.2; meanwhile, hypertension is cited as the 10th most common cause of death among African Americans and the ever-present predisposing factor for diseases of the heart, cerebrovascular diseases, diabetes, and kidney diseases (HealthyPeople.gov, 2012, n.p.). With the identification of hypertension as the problem of the population or the underlying determinants of certain chronic diseases, health promotion will be geared towards addressing hypertension among African Americans aged 55 years and older, promoting multi-sectoral policies and programs to improve health and reduce health disparities, and educating the public about evidence-based interventions to prevent, treat and control hypertension. In addition, it is easy address hypertension than malignant neoplasms among African Americans as hypertension is a modifiable, controllable risk factor. Objective In the Healthy People 2020 Objectives for heart disease and stroke, a 10-percent improvement from baseline is set to determine efficacy of health promotion, intervention, or treatment. The proportion of adult African Americans who died from hypertension is 23.4; thus, the main objective of this paper is to reduce the proportion of adults (aged 55 years and older) who died from hypertension from 23.4 to 21.1 (HDS-5.1). Aspects of Collaboration To prevent hypertension and promote health, collaboration from government, local community, clinicians, other health care professionals, nurse-managed hypertension facilities, public health workers and community outreach workers, and patients is a must. Each of the following care professionals has their own aspects of collaboration of how to promote health and prevent hypertension. Government agencies are responsible for implementing policies and programs to address hypertension and in fundi ng for the general health of the population. Community aspects of collaboration include civic, philanthropic, religious, and senior organizations that could provide locally focused orientation to the health needs of the diverse target population. Clinicians and other health care professionals influence or reinforce instructions to improve patient lifestyles and blood pressure control. Nurse-managed hypertension facilities also contribute to better hypertension control. Public health nurses and community outreach workers screen, identify cases, refer and track follow-up appointments, and educate patients. Meanwhile, patient is at the central core of collaboration as their motivation and compliance to treatment facilitate better blood pressure control and reduction of incidence of hypertension. Therefore, collaborative groups’ shared roles in preventing hypertension and promotion of health include reinforcing awareness of hypertension risks, conveying the importance of blood pr essure management, and educating effective lifestyle interventions, pharmacologic therapies, and treatment adherence (U.S. Department of Health and Human Services, 2004, 62). . Organizational/Policy Changes The Ottawa Charter for Health Promotion stated that health promotion action means building healthy public policy which puts health on the agenda of policy makers in all sectors and at all

Of Mice and Men Assignment Essay Example for Free

Of Mice and Men Assignment Essay Q. With reference to chapter four, what do you learn about prejudice and injustice in 1930s America? Of Mice and Men was set around the 1930s in California, America; where at the time of this classic novel was located. The New York Wall Street stock market had hit an all time low which led to and helped contribute to The Great Depression. Unemployment had hit and harsh poverty too had meant that migrant workers travelled to California in search of work. As the paragraph continues, we learn that the living conditions and working conditions were very poor. Workers couldnt do their jobs properly and were always worried about being canned as they say. Living conditions werent very good either; the ranches were very dirty, compact etc. I believe that Steinbeck wrote this novel because of his past experiences. He was a labourer, he worked very hard, the characters in this book can relate to Steinbeck himself, he wanted to express his views for everyone to see. Also, you can really tell that in Steinbecks opinion he is in favour of the workers in this novel. He being a labourer sways his views as in favour of the workers; you can tell he really thought The Great Depression was an awful experience to be involved in. When you see what his characters are saying, they reveal his feelings and thoughts, give good and bad memories, only inside a book. As we are in chapter four, we learn many things about some of the main characters. At the very beginning, we learn about the relationship of some of the characters with each other. The scene is set in Crooks room, many of the men have gone to the cathouse which is basically a whore house; most of the men have gone but Crooks, Lennie, Candy and Curleys wife have not gone. The most probable reason for this is due to the fact that Crooks, is a black stable buck and also an outsider, Lennie was told not to go by George, Candy is a very old man and Curleys wife is a woman. Even though Lennie doesnt really understand, he stumbles across Crooks room and decides to go in. Lennie really sets this chapter alight; he breaks off the divide between black and white and wants to make friends with Crooks: Lennie smiled helplessly in an attempt to make friends. Despite not knowing he is doing it, he is helping out a divide of people and bringing it together. He is such an interesting character but he wouldnt really know that he is so different to the other characters. Noiselessly Lennie appeared in the open doorway and stood there looking in no one else in the bunkhouse would have had the guts to enter Crookss room although Lennie didnt really know he wasnt supposed to. Lennie does quite the opposite to the others, which makes him so astonishing. A major part in this chapter shows how the other characters act when he is around. His actions and works influence others to bring back memories of their childhoods and really open up to him. kI was born right here in California. My old man had a chicken ranch is one example of Crooks opening up to Lennie as he would do to no other person. The characters relax more with Lennie in reflection of this chapter. One more interesting thing in this section of the book is the way Lennie is and is not affected by prejudice and injustice. At one part, he is affected by prejudice and injustice as he witnesses it happening and is picked on by others; Listen Nigger, you know what I can do to you if you open your trap? This shows prejudice and injustice around him towards Crooks. On the other hand, he is not affected by it as he has George to protect him from it and also doesnt really understand what it is. A vast part of prejudice and injustice in his book is the way Crooks is treated. Crooks is a middle aged black man who has had to work hard all of his life. Sadly, his role on the ranch is an unfortunate one. He is not allowed in the bunkhouse at all, or play games with the other members or be with them at certain times. He lives way out of the way of everyone else in a small room and spends most of his time there. This really shows how black men were treated in this period of time. Luckily, Crooks is not treated as badly as he could have been. He has an education and can read and write which can and also cannot help him at times. For instance, he can understand what others are saying about him, which is not very good. They dont like him because of the colour of his skin. Listen Nigger. This shows the colour of his skin being used against him by Curleys wife. As Lennie enters the room, Crooks does not really want him to come in, You got no right to come into my room. Soon after, they get into conversation and are soon talking normally after opening up to each other like friends would. When Candy enters, he tells him he might as well come in as everyone else is. Soon, he joins in conversation too. Not until Curleys wife enters though, do we see a change in Crooks. He doesnt have any power over anyone in the ranch and soon goes back into his shell. Women were not treated well either, of course, but Curleys wife could say or do whatever she wanted to a black man, including Crooks. You know what I can do to you if you open your trap? This shows Curleys wife overpowering Crooks and unfortunately Crooks cannot do anything about it. With Crooks being educated and able to read, he has set himself real goals. He has learned how to cope with the bullying and racism and knows what to do. By not setting his goals too high, he does not expect anything too good, therefore does not mean he is too sad about what happens to him through his lie. Another person who plays a part in giving and experiencing racism is Curleys wife. She has certain powers compared to other women yet is still treated badly like other women. We learn that with women along with black people, had less power and were discriminated badly; therefore this shows that Curleys wife situation was similar to most other women, they were not respected and were treated badly. The men do not really like her in reflection, the likes of George, Crooks etc. dont really warm to her at any time. Her reaction to this is to snap at Crooks in this particular part of the book, she cannot take her anger out at anyone as she does not really have the power to apart from Crooks, so she bullies Crooks in this part, Well, you keep your place then, Nigger. I can get you strung up on a tree so easy it aint even funny. Curleys wife enters Crooks room with auction, she asks a question to which she knows the answer to, so she can join them, Any you boys seen Curley? shows this. In this chapter, we have to feel a bit sorry for her. We see how lonely she is at this time and since she is not allowed to be with anyone else, she cannot help herself looking for companionship. The reason behind her being so bitter about her life is simple; nothing has ever really gone right for her. By marrying Curley it has not helped her at all and she really thought she would make it as a Hollywood star, however, this did not turn out to be the life that she wanted, Think Im gonna lead with his left twice and then bring in the ol right cross? This piece shows her loneliness and her trouble which leads on to when she is told she is not wanted by the guys, she tells of her sadness and also decides to take it out on Crooks to help herself, it shows a similarity with Crooks, deprived of her rights and very lonely. Finally, the last person in this chapter to experience injustice and prejudice is Candy. A very old man, he was a typical old man who was not well liked, lonely and had a poor time of living with a bad job too. Candy, like most old men back then had a big worry of being canned as he was not really needed. There was no pension schemes or benefits, he would have had no where to go and would have probably just died. I planted crops for dam near everybody in this state, but they wasnt my crops, and when I harvested them, it wasnt none of my harvest. This shows Candy has worked very hard but does not have much and is not appreciated. The dream to have a place with George and Lennie means so much to him as if it does not happen, he will be eventually canned and have nowhere to go, You god dam right were gonna do it. This shows passion for the dream ranch. In truth, Candy is very similar to the dog he had. He, like the was old, not wanted and not of much use. This is very significant as you can see how much he was appreciated by everyone; not at all. In conclusion, we learn so much about life in the 1930s in America. We have four different accounts of people being treated unfairly and having injustice upon them. Lennie, Crooks, Curleys wife and Crooks all experience racism in some way. Lennie is abused for being quite clumsy and slow as well as being big, Crooks was racially abused for being old and black, Curleys wife is not liked because she is a woman and Candy is abused for being an old man. As you can see, there is not ethnic minority groups that escaped being abused; 1930s America was a racist and prejudice place to be. The writer Steinbeck is really sending a strong message out to the readers here. He tries to tell us all about how life could be if you were in a minority group. He repeats certain phrases and words to show enthusiasm of how bad it really was. All of his characters have strong points of view towards one another and really act as if they were real people. Basically, John Steinbeck shows that racism and injustice were strong in the 1930s and whoever you were, you could not really avoid it. Steinbeck gets this message across very well to the readers, by showing the characters different attitudes towards each other; most of the time there were not very pleasant. Whether you were black or white, male, female, disabled or anything else, you had a very good chance of either giving or being racially abused in America in the 1930s.

Vietnam: A History :: essays research papers

Vietnam: A History by Stanley Karnow   Ã‚  Ã‚  Ã‚  Ã‚  The Vietnam War, to me, is the most interesting war in American history. As someone once said, it is like a â€Å"shroud of a mystery, wrapped inside an enigma.† Before reading this book I had a general knowledge of the war. I knew about the communist insurgents, the Gulf of Tonkin, Saigon and Ho Chi Mihn. I knew about Presidents Johnson and Nixon, posttraumatic stress disorder and demonstrations. What I did not fully understand was why. Why were the North Vietnamese so resilient? Why did the US make such poor judgment? Why were we really there? What was Vietnam’s history prior to our arrival?   Ã‚  Ã‚  Ã‚  Ã‚  Ã¢â‚¬Å"History is an organic process, a continuity of related events, inexorable yet not inevitable.† (pg 11) The roots of America’s involvement in Vietnam were nurtured by what Professor Daniel Bell has called America’s concept of its own â€Å"exceptionalism.† George Berkeley, an Anglican bishop and philosopher stated in 1726 as he departed from England to America, â€Å"Westward the course of empire.† The phrase, ‘manifest destiny,’ was coined in 1845 to promote the annexation of Texas, originally, and to extend America to its natural boundaries. Promoters of the Homestead Act sought to open new territory for small farmers.   Ã‚  Ã‚  Ã‚  Ã‚  Idealists such as Walt Whitman intended to project America’s â€Å"happiness and liberty† to the ancient cultures of Asia, â€Å"facing west from California’s shores, inquiring, tireless, seeking what is yet unfound†¦the land of migrations, look afar†¦Ã¢â‚¬  Around the turn of the century, America did grab Hawaii, Guam, Puerto Rico, Cuba, and the Philippines, but it seemed that America kept a hands off approach with Asia, which the Europeans already had their hands on. There was little inclination for America to dominate foreign territories, since Americans were former British Colonial rebels. So Cuba was granted independence, and bids by Haiti and San Domingo to become American dominions were rejected. America, unlike Europe, refrained from plundering China, however, the ‘pacification’ program in the Philippines foreshadowed US strategy in Vietnam. America’s expansionism was almost evangelical, â€Å"as if the United States had been singled out by some divinity for the salvation of the planet.† (pg13) After World War II, FDR stressed that international post-war peace and stability would depend on America’s global leadership, and Woodrow Wilson pledged to â€Å"make the world safe for democracy.† Meanwhile, American missionaries began pouring into China. Many prominent Americans envisioned a Christian China with crosses on every hill and valley.

Michelle v Canconcert

Since Michelle suffers from depression, a recognized psychiatric illness, and does not suffer any physical injury, this is a case of duty of care (DOC) under Mental Harm (MM), as provided in sis CLAW. Circumstantial factors will be used to answer the reasonable verifiability question. From the facts, ‘sudden shock can be established as Michelle was in the midst of buying water when she was suddenly shocked by the bang and screams. Determination of DOC then falls upon sis(2)(b). The contentious issue is whether hearing the accident and its aftermath constituted Witnessing.A similar (but not identical) statutory interpretation issue arose in Wicks/ Sheehan, and the courts took a broad interpretation of the statute. Following this trend in interpretation, the concept of Witnessing should therefore not be limited to sense of ‘sight' alone, as it is reasonable in such circumstances for one to be affected psychotically by sounds. By referring to provisions in sis(1)(c) CLAW, it can be further inferred that in general, statute intends for witnessing to encompass both concepts of ‘sight' or ‘sound' for MM.It was reasonably foreseeable that Michelle could suffer MM under sis(2)(b) as she dinettes Ben being injured and put in danger. The fact that Ben's leg was broken due to the collapsed seating area shows that he was injured and being put in danger, and is still continually injured and being put in danger till Ben receives medical assistance. Therefore in considering those factors, it was reasonable for Michelle to suffer MM. DOC is established. Breach: The facts indicate that Concerted had been careless and caused the seating area to collapse.Since Consonance's conduct was negligent, there is breach of duty. Causation: In establishing necessary condition, the ‘but for' test is satisfied by showing that the incident had a profound effect on Michelle, resulting in depression. This satisfies factual causation. No scope of liability (SOL) iss ues as Michelle MM is direct result of the collapse seating area. Michelle depression is the kind of harm that is reasonably foreseeable due to Consonance's admitted negligence for the incident. Defenses: No defense available, thus Concerted fully liable for negligence.Fauna v Concerted Pity Ltd Since Fauna suffers from a depressive episode, a recognized psychiatric illness, and does not suffer any physical injury, this is a case of DOC under MM, as provided in sis CLAW. From the facts, ‘sudden shock can be established as Fauna received sudden tragic news about the concert. Given her close relationship to Ben, it is reasonably foreseeable that she will suffer from nervous shock. Fauna satisfies the provision in sis CLAW as she is Ben's mother, hence satisfying both sis(2)(c) and CLAW.It was established that Concerted admit liability in the tort of negligence concerning Ben's injuries. In pursuant to sis(1)(a) of CLAW, Consonance's liability should also extend to Fauna, as she is a parent of Ben and a family member of Ben. Fauna would have legal remedy in the tort of MM. Ben v Lisa As Alias's conduct was a clear positive act causing further injury, this is a non- problematic case. Existence of DOC depends on reasonable verifiability of class of plaintiffs. By subsuming Ben under a broad class of plaintiffs – ‘persons receiving aid' – the requirement of verifiability is easily fulfilled.Thus, it was reasonably foreseeable that Ben would suffer subsequent injury if Lisa failed to take reasonable care while rendering Ben aid. Hence, DOC is established, and Lisa is liable in relation to positive acts. Alias's act of treating Ben with poison was negligent. Since the possibility of carelessly rather injuring Ben by treating the wound with poison is not far-fetched or fanciful, verifiability exists. The significance of further injuring someone is also a substantial risk.In considering the reasonableness of possible precautions, the issue of s ocial utility may be raised to Justify the lack of taking precautions to avoid these risks. Yet, the likely conclusion is that Alias's act of treating Ben's wound with poison, which created a serious risk of harm, was not warranted, as Lisa has the option of taking precaution by checking if the bottle was in fact antiseptic liquid or poison. It as been established that even when acting for social benefit, the standard of care is higher for professional defendant, and carelessly treating a wound with poison constitutes negligence.In balancing the risk against the end, the risk that Lisa took when she treated Ben's wound with poison was not Justified as Lisa has work experience from SST John's ambulance, hence Lisa should exercise a higher degree of caution when treating Ben's wound. In those circumstances, a reasonable man would have taken precautions to prevent foreseeable risk. Therefore, Lisa was negligent and this constitutes breach. There are no contentious issues in satisfying necessary condition here. ‘But for' Alias's not have sustained further injury.Pursuant to sis(1)(b) CLAW, we need to consider whether it is appropriate to extend the defendant's SOL to the harm. Alias's act of negligence directly caused Ben further injury when she treated him with poison instead of antiseptic. Sustaining further injury is the kind of harm that is a reasonably foreseeable result of being treated with poison, as it is not far-fetched or fanciful, indicating Ben's injury. However, Lisa might argue that ‘but for' her negligence, Ben was still injured by Christopher gelignite.The manner of harm was a foreseeable result of Ben's injury as it is appropriate to hold Lisa responsible for the entire course of injury, even if Ben has sustained prior injury from Christopher negligence. Thus, Lisa has fulfilled the kind of harm and manner of harm test as Ben's injury was reasonably foreseeable due to Alias's negligent act. Lisa will try to seek protection from liabil ity under so CLAW. Lisa fits the definition of â€Å"Good Samaritan† as she goes to Ben's aid without expecting payment. However, to successfully use this defense, Lisa must prove that her act of assisting Ben was done oneself, and without recklessness.There is nothing on the facts to suggest dishonesty, but her act of treating Ben's wound with poison could possibly constitute recklessness. Ultimately, this should be decided by courts subjectively based on her circumstances, and if the defense applies, Lisa will not be liable for negligence. Darryl v Sarah Sarah owes a DOC to Darryl as an occupier of land because Darryl is an invitee to Sarah's property, making him a lawful entrant. Occupier-entrant relationship is an established duty category, thus the existence of DOC presents no challenge.Since it s reasonably foreseeable that visitors coming onto Sarah's land would suffer some kind of harm if Sarah failed to take reasonable care, Sarah owes Darryl an obvious Donahue type DOC. The issue is whether Sarah's omission to warn is part of DOC. An existing duty to act has to be established for omissions to constitute negligence. Sarah's requisite duty to act arises from Occupier's liability in ACT legislation – sass CLAW. Similar to Azalea, Sarah has a general duty as an occupier to act positively to take reasonable care to avoid foreseeable risk of injury to entrants, in the circumstances.The DOC therefore clearly affords Sarah liability for omissions. Using sis CLAW, the breach enquiry examines Sarah's particular conduct to ascertain, as a question of fact, if Sarah has breached DOC. If Sarah's behavior is not reasonable, breach is established. Three potential breaches: 1) Sarah's failure to warn (by erecting a warning sign) is the most likely omission to constitute breach. 2) Failure to patch the gully, or to engage in physical impracticality of such precautions. 3) Failure to fence the gully is unreasonable as the gully is not a latent danger.The gully, in these circumstances, could not cause harm to anyone without the person actively ‘Jumping over it, and it requires a fence all around, not Just at the particular area where accident occurred. Since the reasonableness of second and third precautions is uncertain and highly dependent on nature of gully, by common sense the first precaution (to warn) seems the most practicable. Similar to Wong, a contextual and balance assessment would establish that putting up a warning sign constitutes a reasonable and effective response to the foreseeable risk in this instance.In deciding the nature of required warning, obviousness of risk is a factor to insider. There is no breach when obviousness of risk makes it reasonable for defendant not to respond to the risk of injury. This usually relates to omissions to warn. With reference to the facts, a reasonable person would have warned the entrant about the â€Å"rugged† nature of the premises, and the gravity and likelihood of Dairy's probable injury if he were to engage in outdoor activity with Sarah's motorbike. In this context, Sarah was required to take reasonable care by warning of this obvious danger.From the facts, Sarah was negligent by failing to put up warning signs about the possible danger arising from the gully. Breach is established. There are two requirements for causation in sis CLAW. Firstly, negligence has to be a necessary condition of harm. Similar to Ideals Palace, there is no evidence to find that Sarah's omission to warn, was a necessary condition of Dairy's harm. The ‘but for' test, functioning as a negative criterion of causation, fails here, as it is unreasonable to assume that Darryl would not have â€Å"Jumped† over the gully if Sarah had not been negligent in warning him.Simply showing the possibility of different consequences in the absence of defendant's negligent omission cannot satisfy actual causation. Darryl must therefore establish on the balance of probab ilities that he would have responded to the warning in such a way as to avoid the danger. Given Dairy's thrill seeking nature, he would still have attempted to â€Å"Jump† over the gully with Sarah's motorbike. Therefore, Sarah's negligence in warning would not be found to be a necessary condition. The defendant's SOL to the harm.In this instance the kind of harm was not foreseeable as it would be far-fetched or fanciful to assume that Darryl would not have attempted to Jump over the gully even if Sarah did not breach the failure to warn. Manner of harm is not in contention, as Dairy's injury satisfies the manner of harm test in Wagon Mound – Dairy's injury, is exactly the manner of harm that Sarah had reasonable foreseen. Since Alfred admitted liability under negligence, he owes damages. Calculation of Damages: Compensatory damages are divided into pecuniary, and non-pecuniary damages.Pecuniary: 1) Derived-from-John's-loss-of-earning-capacity. John-is-entitled-to-reco ver-for-any diminution-in-capacity-to-earn. Since-he-is-still-able-to-work-after-accident, but in a- lower-paying-job, he-will-be-compensated-for-the-net-loss-in-prospective-earning opacity according-to-provisions-of sis CLAW. This-is-calculated-by-finding-the average-income-of-a-top-Rugby-League-player, since he was already a first grade Rugby-player-with the-Canberra-cavalry, and has-not-made-it-to-the-top yet. From that sum, deduct-his-predicted-earning-capacity-after-accident.Further-deduct-costs that-John-have-had-to-have-incurred-in-earning-the-income. 2) Compensation in claim for medical treatment expenses. As long as John has paid for past medical treatment, relating to relevant injury, he can claim the costs. John will also be compensated for subsequent, long-term medical care, even though they ere provided free of charge by Elena. Even though Elena personally provided the medical care, principle in Australia is such that John will still receive compensation for gratuitous services provided. Damages for this will be calculated based on reasonable and commercial costs of providing the care. ) Discounts are considered because a sum of money is given for future pecuniary loss. Discounts for all future economic loss. It is usually 3% in all cases for ACT. Next, discounts-for-vicissitudes-of-life-usually-applied-to-future earning capacity only, and starts with 15% but varies circumstantially. ) Collateral-benefits-does-not-apply, as the intention with-which-the-monetary benefits-from-his- â€Å"mates† was to-assist-John-in-bill-payments, and-not-reduce-the liability of Alfred. Non-pecuniary: 1) Compensation for loss of amenities (enjoyment of life) is set out in sis CLAW.It is likely that John will be compensated here as John has to give up his Rugby career and his pastime of waterier. 2) No compensation for pain and suffering and loss of expectation of life as no evidence in facts to suggest otherwise. Ben v Alex Vicarious Liability: Since Ben is u nable to sue Christopher, Ben might claim damages from Alex under legislation between Alex and Christopher. From Hollies/Stevens, it is necessary that an employer-employee relationship be established between Alex and Christopher for Alex to be vicariously liable.The case involves an independent method for distinguishing an employee from an independent contractor (C). From the facts, Christopher has specific skills as a builder who is able to make an independent career to generate ‘goodwill' given his reputation for having good workmanship. Alex had little control over the manner of how Christopher performs his work as Christopher has flexible working hours. Alex id not superintend Christopher finances, as Christopher was paid a fixed sum of money. Christopher also undertook the provisions of insurance and deducted taxes himself, and provided for his own leave arrangements.