Stress Urinary Incontinence In Women Health And Social Care Essay

Stress urinary incontinency ( SUI ) can impact up to 1 in 3 adult females between the ages of 16 to 65 old ages of age ( Fantl, 1996 ) doing it non an uncommon unwellness which frequently goes untreated due to embarrassment and low audience rates. There are a scope of causes of SUI although it is normally related back to a general weakening of the pelvic floor musculuss. However chief types of adult females affected are the aged ( Maggi, Minicuci, Langlois, Parvan, Enzi & A ; Crepaldi, 2001 ) and female parents that have delivered via a natural kid birth. Differences in force per unit area: In a normal balance between vesica and urethral force per unit area, the urethra force per unit area usually wins, ensuing in the musculuss staying tight and closed, keeping in piss. However, activities such as coughing, express joying, sneezing or physical activity, such as raising heavy objects, will raise intraabdominal force per unit area which will in bend alteration vesica force per unit area doing incontinency ( Abrams, Stanton, Griffiths, Rosier, Ulmsten, Van Kerrebroeck, Victor & A ; Wein, 2002 ) . Normal elimination of the vesica is due to this force per unit area displacement besides ; nevertheless in SUI the force is nonvoluntary. In SUI there is merely a deficiency of strength keeping these musculuss closed which is why sudden alterations in intraabdominal force per unit area can do the release of piss. Diagnosis: Initial diagnosing is simple with this unwellness and there is merely one major and obvious symptom ( with other minor symptoms that are secondary to the urinary incontinency ) . Diagnosis can merely happen if the patent is to show the symptom to a physician or medical practician, otherwise the issue can travel mostly untreated. Doctors will necessitate to travel through scope of patient proving to acquire a conclusive diagnosing. An accurate patient history will be required for things such as diet ( drinks high in water pills ) or old gestation ( weakening of the pelvic musculuss ) will necessitate to be noted ( Long, Giri & A ; Flood, 2008 ) . Patients may necessitate to be referred onto specializers such as Urologists or Gynecologists for uranalysis and physical scrutinies severally. History: Arnold Kegel ( 1894-1981 ) was a gynecologist and the discoverer of the Kegel Perineometer ( an instrument applied to mensurating vaginal air force per unit area ) and the Kegel exercises which he developed after he recognised the strength lack in SUI sick persons. The term â€Å" Kegels † has become synonymous with pelvic floor beef uping. In 1948 he published a paper titled â€Å" The nonsurgical intervention of venereal relaxation ; usage of the perineometer as an assistance in reconstructing anatomic and functional construction † . His initial research used corpses, which proved to be useless after musculus wasting had set in. After trying to name utilizing merely internal tactual exploration straight onto the affected musculuss, he created the Perineometer apparatus – designed to mensurate from nothing to 100mmHg of force per unit area. After 30 designs and 18 old ages of Kegel ‘s research and instance surveies, the original device has lead the manner for more modern electromyography perineometers which measure electrical activity across the musculus alternatively of force per unit area exerted over the pubococcygeus. His groundbreaking research allowed adult females who antecedently were non cognizant, to understand that the knoll of musculuss could be contracted voluntarily ( Kegel 1948 ) . Physiology & A ; Tissues injured The affects of Pregnancy: Day & A ; Goad ( 2010 ) depict the pelvic floor as the â€Å" knoll of musculuss, get downing at the pubic bone at the forepart of the pelvic girdle and passing between the legs to the base of the spinal column † . This big group of musculuss ( known as the Pubococcygeus ) work together to back up the direct internal variety meats, command the intestine and vesica from releasing, play a function in sexual activity and of class, childbearing ( Haslam, 2004 ) . There are a battalion of endocrines being created and released during gestation, one in peculiar is Relaxin. Relaxin is a peptide endocrine that is produced by the principal luteum of the ovaries that encourages the ligaments and soft tissue to go more elastic to advance an easier birth ( Day 2010 ) . There is no uncertainty that gestation is a traumatic experience on a adult female ‘s organic structure. The violent birth procedure can do lacrimation of the vagina and the anal sphincter which can take anyplace from hebdomads or months to mend. The mechanics of childbearing are consistent with the form of hurt of SUI. The chief musculuss affected in SUI are the levator ani and coccygeus musculuss which together form the pelvic stop. Herschorn ( 2004 ) writes that it is of import to observe that a combination of effectual smooth, striated and connective tissue are indispensable for a urethral sphincter to be functional and watertight. All of these musculuss and tissues together are responsible for counterbalancing and fastening farther when intraabdominal force per unit areas change. While the womb can take anyplace from 6 to 8 hebdomads to travel return to its original size, frequently the pelvic floor ne'er to the full regains its initial strength and stringency ( Barton, 20 04 ) . Prognosis What does this mean for our patient? Ideally, preventive strengthening is the ideal to advance the best recovery for this hurt. However, because Lucy has already had 3 natural childbearings, we can look to re-strengthening the pelvic floor musculuss with exercising. In the most terrible instances, surgery is recommended to mend the loss of tenseness and force per unit area. The most common signifier of surgery is the interpolation of a sling, which can be inserted laparoscopically or with minimum invasion via the vagina ( Daneshgari, Paraiso, Kaouk, Govier, Kozlowski & A ; Kobashi, 2006 ) . The sling is a narrow strap designed to sit under the urethra and can be made from semisynthetic mesh or the patients ain tissues, donated from another country of the organic structure. Another impermanent step is the usage of Bulking injections ( Day & A ; Goad, 2010 ) . It ‘s classified as impermanent because the process needs to be re-done about every 18 months. It involves the injection of substances that help maintain the urethra closed. The substances range from natural collagen, which can bring forth an allergic reaction in some patients, through to coaptite which is wholly man-made and more lasting. Suggested exercising suitable to lifestyle, hurt, recovery Technique: With right and regular day-to-day exercising from the patient, we can anticipate to see consequences within 6 hebdomads ( Choi, Palmer & A ; Park, 2007 ) . The Kegel exercising required can be described as fastening your pelvic musculuss as if you are seeking to keep back from go throughing air current whilst straining around a tampon in your vagina at the same time. Because the knoll of musculuss tallies from the anal sphincter laterally to run into with the forepart of the pubic bone, insulating merely the vaginal musculuss of the pelvic floor is highly hard in new patients hence integrating the anal sphincter contraction is portion of the acquisition procedure and is still found to be rather effectual. Patients can look into right technique by sitting on a steadfast chair and executing a set of Kegel exercises – If they feel themselves move upward from the surface of the chair due to force per unit area exerted, so the action has been achieved right. Biofeedback: This is where Biofeedback comes in to play. Peterson ( 2008 ) writes that biofeedback allows adult females to place, insulate, contract, and loosen up the pelvic floor musculuss either on their ain or whilst utilising equipment. It is a type of behavioral therapy that creates feedback or consciousness about a physiological organic structure motion or action. Because there is such a concentration of musculus groups in a little country, patients may hold issues with designation and isolation. One suggestion would be for the patient to self-palpate their vagina during a contraction, usually whist bathing and reclining. One of the most effectual methods of supplying biofeedback is the usage of a stimulation investigation. The investigation is inserted into the vagina and shows visible radiations or graphs when the correct musculuss are being tightened. Tiny electrodes are attached to both the interior and out of the pelvic part, mensurating where and when force per unit area & A ; electr icity are activated during a musculus contraction. Optimal biofeedback therapy uses a wages and acknowledgment type system to educate the patient with right and wrong musculus visual images ( Abdelghany, Hughes, Lammers, Wellbrock, Buffington & A ; Shank, 2001 ) . The patients see the right colors illuming up when right musculuss are engaged which provides positive support and furthermore, musculus memory. The natural re-training of the musculuss, coupled with a computerised ocular and audio feedback system shows the patient the direct relation to the physical control mechanism. Further methods are designed to recover optimization and the upper-hand in vesica control and release. The technique requires the patient to redact how the pelvic floor musculuss react when the vesica begins to make full, re-training it to â€Å" keep † for longer periods of clip. This is designed to promote the vesica to make full to its normal capacity before directing signals to the encephalon to e mpty or slop the piss. The intervention enhances the right musculuss required to lock-down the vesica successfully via the right sums of force per unit area needed. Exercise and vesica journals: It would be advisable for Lucy to maintain a journal of her Kegel exercisings and any cases of urinary incontinency, so she can supervise her ain betterments and progresss which will prolong personal motive. If she wishes to maintain a more advanced diary she can take to enter frequence of micturition, lessening of incontinency episodes & A ; type, volume and frequence of unstable consumption. Initially they are helpful in set uping the badness of the urinary incontinency ; as clip goes on it will enter and expose for the patient the incremental positive alterations that may otherwise travel lost.

Social Network Brings Harm Than Good.Discuss

Social network brings harm than good. Discuss. In this technological decade, social network has become an indispensable thing. No matter what we are doing, we will use it. A social networking site can be defined as an online service. Social networking sites include Facebook, Friendster, Twitter. It allow us to have an account to meet new friends, entertainment and moreover. Although there are a lot of advantages, but in my opinion, it brings more harm than good. Why am I saying that social network brings more harm than good?First and foremost, at social networking site, some people use fake information to meet new friends. They often use fake profile picture and personal information to cheat others so that they could become more and more friends in social network sites. Besides, we usually can notice there are many advertisement of online business in every site. Some of them are with fake information are used to scam the ignorance people to buy their items. You will realise that alre ady being cheated by them after you bought their items or you won’t even get your item after u make the payment.On the other hand, nowadays teenagers often like to post useless status on the social networking sites. They also comment on unmeaning status. It is such a waste of time to comment on these status rather than doing something meaningful. Besides, some of them like to post status or picture to earn â€Å"like† to show others how popular they are. Furthermore, some group will post picture or video with violence and pornography which are not suitable for the young.Some website will pop out some picture with violence or pornography which is not for the youth, but for the adults as well. Other than that, some people also like to insult other people by posting a status on these social networking sites. It often lead to unmeaning quarrel. There are some group with title like â€Å"I hate XXXXX† or â€Å"Fxxk you XXXXX†. These often begin with those unme aning quarrel. In addition, addicted to entertainment also one of the harm from social network. Nowadays teenagers usually addicted in online games.These is also a reason why the statistic of reading in our country is decreasing. They usually use out their free time to play online games rather than study. Besides, some of them even top up cash to the game which they playing. These will lead them to stealing. They will steal they parent money to top up in this game when they don’t have enough of money to top up. Another point which is worth to mention, chat on social network not only will bring us good, it also will bring us harm.There are many chat system on social network include Facebook chat, Skype, YY, RC and many more. Chat system not just bring us conveniences. Undoubtedly, it also will bring us the lacking of ability to communicate with others. That is because that when you using these chat system, you have enough time to think of what are we going to reply. In conclus ion, I agree that social network bring us a lot of conveniences, but it also bring us a lot of harm that we did not think of usually. So we should use it wisely so that we will not being controlled by social network.

Lifting the Coporate Veil

LIFTING THE CORPORATE VEIL (i) Introduction (ii) Principles of Corporate Personality (iii)Statutory Exceptions (iv)Common Law and the Mere Facade Test (v) Agency and Groups (vi)Conclusions INTRODUCTION 1. When a creditor discovers that a debtor company is insolvent, the creditor will frequently want to recover the debt from a shareholder, director or associate of the insolvent company. There exist various statutory and common law mechanisms by which the corporate veil can be lifted and liability imposed on individuals or other companies.This lecture sets outs and discusses those mechanisms in the light of recent authorities and of the Companies Act 2006. PRINCIPLES OF CORPORATE PERSONALITY 2. One of the fundamental principles of company law is that a company has personality that is distinct from that of its shareholders. This rule was laid down by the House of Lords in Salomon v. Salomon & Co1, in which it was held that even if one individual held almost all the shares and debentures in a company, and if the remaining shares were held on trust for him, the company is not to be regarded as a mere shadow of that individual.Lord MacNaughten stated2: â€Å"The company is at law a different person altogether from the subscribers to the Memorandum and, although it may be that after incorporation the business is precisely the same as it was before, and the same persons are managers, and the 1 [1897] A. C. 22 2 Ibid, at p. 51 2 same hands receive the profits, the company is not in law the agent of the subscribers or the trustee for them. Nor are subscribers as members liable, in any shape or form, except to the extent and in the manner provided by theAct3. † The rule in Salomon lies at the heart of corporate personality, and is the principal difference between companies and partnerships. However, there are situations in which the courts look beyond that personality to the members or directors of the company: in doing so they are said to lift or pierce the corpor ate veil. There is no single basis on which the veil may be lifted, rather the cases fall into several loose categories, which are examined below. STATUTORY EXCEPTIONS 3.There are certain statutory exceptions to the rule in Salomon which involve a director being made liable for debts of the company because of breach of the companies or insolvency legislation. Eg: (a) Failure to obtain a trading certificate 4. Where a public company fails to obtain a trading certificate in addition to its certificate of incorporation before trading, the directors will be liable to the other parties in any transactions entered into by the company to indemnify them against any loss or damage suffered as a result of the company’s failure to comply with its obligations.This provision Companies Act 1985, s. 117(8) has been retained in the 2006 Act. See CA2006 s767(3). (b) Failure to use Company’s name 5. Section 349(4) of the CA 1985 provided that if an officer of a company or a person actin g on its behalf signs a bill of exchange, cheque or similar instrument on behalf of the company, in which the company’s name is not mentioned4, that person will be personally liable to the holder of the instrument in question for the amount of it (unless it is duly 3 i. e. Companies Act 1862 4 Thus contravening s. 349 (1)(c) of CA 1985 3 aid by the company). However, although CA2006 s. 84 imposes criminal penalties for failure to use the company name on relevant documents, there is currently no equivalent provision in the 2006 Act imposing such a personal liability. (c) Disqualified Directors 6. Under s. 15 of the Company Directors Disqualification Act 1986, if a person who has been disqualified from being a director of, or involved in the management of a company acts in contravention of his disqualification he will be liable for all those debts of the company which were incurred when he was so acting.The same applies to a person who knowingly acts on the instructions of a di squalified person or an undischarged bankrupt. (d) Just and Equitable Winding Up 7. Under s. 122(1)(g) of the Insolvency Act 1986 a petition may be presented to wind up a company on the grounds that it would be just and equitable to do so. This may involve lifting the veil of incorporation, for example to examine the basis on which the company was formed5. (e) Fraudulent Trading 8.Section 213 of the Insolvency Act 1986 deals with fraudulent trading. Under that section, if it appears to the court that â€Å"any business of the company has been carried on with intent to defraud creditors of the company or of any other person, or for any fraudulent purpose†, it may order that â€Å"any persons who were knowingly parties to the carrying on of the business in the manner above-mentioned are to be liable to make contributions (if any) to the company’s assets as the court thinks proper†. (f) Wrongful Trading 9.Section 214 of the Insolvency Act 1986 concerns wrongful tra ding, and enables the court to make a declaration, when a company has become gone into insolvent liquidation, that a former director is liable to make a contribution to the company’s assets. Such a declaration can be made where the director in question knew or ought to have concluded, 5 E. g. Ebrahimi v. Westbourne Galleries [1973] AC 360. 4 at some point before the commencement of the company’s liquidation, that there was no reasonable prospect that the company would avoid going into insolvent litigation. By s. 214(7), the provisions of s. 214 also apply to hadow directors. (g) Phoenix Companies 10. The Insolvency Act 1986 also allows the court to lift the corporate veil in cases of socalled â€Å"Phoenix Companies†, in which a new company is created with the same or a similar name to an insolvent company. S. 216 of the Act makes it an offence for anyone who was a director of the insolvent company during the 12 months before liquidation to be associated with a company with the same name as the insolvent company or a name so similar as to suggest an association6. S. 217 provides that where a person is involved in the management of a company in contravention of s. 16, or where he acts, or is willing to act, on instructions given by a person whom he knows to be in contravention of that section, he is himself jointly and severally liable with the company for all the relevant debts of that company. (h) Unfair Prejudice 11. The Courts’ powers under s. 459 of the 1985 Act (the provisions of which are duplicated in s. 994 of the 2006 Act) apply where â€Å"the company’s affairs are being or have been conducted in a manner which is unfairly prejudicial to the interests of its members generally or of some part of its members (including at least himself). The general proposition that the conduct of a parent company in control of a subsidiary can be relevant where a s. 459 petition is presented by shareholders of a subsidiary is unsurp rising7. It has also been held by the Court of Appeal8 that directors’ unfairly prejudicial conduct of a subsidiary may be actionable by shareholders of the parent under s. 459 if the parent and subsidiary have directors in common. (i) Third Party Costs Orders 6 Unless that person is given leave by the court so to act: s. 216 (3) 7 see Nicholas v Soundcraft [1993] BCLC 360 Citybranch Ltd v Rackind [2004] EWCA Civ 815 5 12. The court has jurisdiction to make a costs order against a party to the proceedings in favour of a non-party (including the directors or shareholders of a litigant company) by virtue of s. 51 Supreme Court Act 1981 and CPR 48. 2. This has recently been applied by the Court of Appeal in the case of Alan Phillips Associates Ltd v Terence Edward Dowling9. A contract was accepted by a company on headed paper almost identical to that of a business run by Mr Phillips prior to incorporation.Mr Phillips wrongly issued proceedings in his own name and the company was then substituted as Claimant. The company’s claim was dismissed and a third party costs order was made against Mr Phillips. 13. More typical circumstances for a third party costs order arose in Goodwood Recoveries Ltd v Breen10 which held that where a non-party director could be described as the â€Å"real party† seeking his own benefit and controlling and/or funding the litigation, then even where he had acted in good faith or without any impropriety justice might demand that he be liable in costs. 4. Similarly in CIBC Mellon Trust Co v Stolzenberg11 when the court held that there was no reason in principle why, if a shareholder (not being a director or other person duly authorised, appointed and legally obliged to act in the best interests of the company) funded, controlled and directed litigation by the company in order to promote or protect his own financial interest, the court should not make a costs order against him. COMMON LAW AND THE MERE FACADE TEST Engine o f Fraud 15.It has long been established that the Courts will not allow the Salomon principle to be used as an engine of fraud, or to avoid pre existing legal obligations. Probably the bestknown example of this rule is Gilford Motor Company Ltd v. Horne12, in which the Defendant had been managing director of a the Claimant company, and had entered into a 9 [2007] EWCA Civ 64 10 [2005] EWCA Civ 414 11 [2005] EWCA Civ 628 12 [1933] Ch. 935 6 covenant not to solicit customers from his employers when he ceased to be employed by them.On leaving the company’s employment, Horne formed a company to carry on a competing business, the shares in which were held by his wife and a friend, and he thereby solicited the Claimant’s customers. The Court of Appeal held that this company was a mere facade or sham to cloak his breach, and granted an injunction to enforce the covenant against both Horne and the company. 16. Similarly, in Jones v. Lipman13 the Defendant had entered into a con tract to sell property, but then sought to avoid the sale by transferring the property to a company which he controlled.Russell J held that specific performance could be ordered against the company, which he described as â€Å"the creature of the First Defendant, a device and a sham, a mask which he holds before his face in an attempt to avoid recognition by the eye of equity†14. 17. A recent example of the application of the principle is Kensington International Ltd v Congo15. The Claimant had obtained various judgments against the Republic of Congo which it sought to enforce by way of third party debt order against money payable to a company called â€Å"Sphynx† who had sold a cargo of oil.Sphynx had bought the oil from Africa Oil. Africa Oil had bought the oil from the Congolese state owned oil company (â€Å"SNPC†). Sphynx and Africa Oil were both controlled by the president and director general of SNPC. The court held that the various transactions and compa ny structures were a sham or facade and had no legal substance, and were set up with a view to defeating existing claims of creditors against the Congo. SNPC and Sphynx were simply part of the Congolese state and had no existence separate from the state.It was not necessary for there to be a divestment of assets at an undervalue to justify the court piercing the corporate veil in relation to the particular transactions. 13 [1962] 1 WLR 832 14 ibid, p. 836 15 [2005] EWHC 2684 (Comm) 7 18. It should be noted that the mere fact that there is fraudulent activity does not necessarily justify the piercing of the corporate veil. In Dadourian Group v Simms16 individuals who had fraudulently misrepresented that one of them was a mere intermediary when in fact he was a co-owner and ontroller of a contracting company was liable for deceit but the veil was not lifted so the individuals were not found liable for the company’s breach of contract to buy equipment. In this case there was no conspiracy to injure the Claimant and there had been a genuine intention that the company would buy the equipment. The now defunct â€Å"Interests of Justice Test† 19. In Creasey v. Breachwood Motors Ltd17 the facts were slightly different from those of Gilford v. Horne and Jones v. Lipman.Creasey had been the manager of a garage owned by Breachwood Welwyn Ltd (â€Å"Welwyn†), but was dismissed from his post and intended to sue for wrongful dismissal. In anticipation of his claim, and wanting to avoid having to pay him damages, the proprietors of Welwyn formed another company, named Breachwood Motors Ltd (â€Å"Motors†), and transferred the entire business of the old company to it. Creasey obtained judgment in default against Welwyn, which was then struck off of the register of companies. Creasey obtained an order substituting Motors as defendants, against which Motors appealed. Richard Southwell Q.C. , sitting as a judge of the Queen’s Bench Division, he ld that Motors could be substituted as defendants, and that the veil could be lifted because Welwyn’s assets had been deliberately transferred to Motors in full knowledge of Creasey’s claim18. Richard Southwell Q. C. specifically decided that it was right to allow the veil to be lifted as regards Motors, rather than force Creasey to apply to have Welwyn restored to the register and apply for an order that its assets be restored to it under s. 423 of the Insolvency Act 1986 (an alternative which the judge described as a â€Å"procedural minefield†). 0. In Ord & Anor v. Belhaven Pubs Ltd19 the Court of Appeal has however decided that the decision in Creasey was wrong. In Ord the defendant company had made various 16 [2006] EWHC 2973 (Ch) 17 [1992] BCC 638 18 Ibid, p. 648 B 19 [1998] BCC 607 8 misrepresentations to the claimant. By the time these came to light, the company had all but ceased trading, and had negligible assets. The claimant sought to substitute the defendant company’s holding company, and the judge at first instance followed Creasey and allowed the substitution.The Court of Appeal decided that this was incorrect, as the original company had not been a mere facade for the holding company, nor vice versa. Unlike the new company in Creasey, neither company had not been created as a sham to avoid some liability, there had been no element of asset stripping and so the veil should not be lifted. Hobhouse LJ, giving the judgment of the court, stated: â€Å"There may have been elements in that case [i. e. Creasey] of asset stripping. I do not so read the report of [Richard Southwell QC’s] judgment†¦ But it seems to me to be inescapable that the case in Creasey v.Breachwood as it appears to the court cannot be sustained. It represents a wrong adoption of the principle of piercing the corporate veil and an issue of the power granted by the rules to substitute one party for the other following death or succession. The refore in my judgment the case of Creasey v. Breachwood should no longer be treated as authoritative. †20 The Current State of the Law 21. The courts are now increasingly reluctant to lift the veil in the absence of a sham. In particular, it is clear that the veil will not be lifted simply because it would be in the interests of justice.In Adams v. Cape Industries plc21 the Court of Appeal was unequivocal on this point. Slade LJ said22: â€Å"Save in cases which turn on the wording of particular statutes or contracts, the court is not free to disregard the principle of Salomon v. Salomon & Co Ltd [1897] AC 22 merely because it considers that justice so requires. Our law, for better or worse, recognises the creation of subsidiary companies, which though in one sense the creatures of their parent companies, will nevertheless under the 20 Ibid, p. 616 B 1 [1990] Ch 433 9 general law fall to be treated as separate entities with all the rights and liabilities which would normally attach to separate legal entities. † 22. That the courts are now less willing to lift the corporate veil than was once the case is also indicated by the judgment of the House of Lords in Williams v. Natural Life Health Foods Ltd23. The defendant company was effectively run by one man, a Mr Mistlin, and had given negligent advice to the claimant regarding the profitability of a franchise.On the company being wound up the claimant joined Mr Mistlin as a defendant on the basis that he had assumed personal responsibility. The House of Lords unanimously rejected the Court of Appeal’s finding that Mr Mistlin had assumed responsibility to the Claimant, holding that in order for a director to be personally liable for negligent advice given by the company, it had to be shown both that the director had assumed personal responsibility for that advice and that the claimant had reasonably relied on that assumption of responsibility.As there had been no personal dealings between Mr M istlin and the claimant, these tests were not met, and the corporate veil should remain intact24. 23. A court will also be justified in disregarding a company’s personality so as to prevent the corporate form being used as a medium through which to lawfully carry out an activity which would otherwise be a wrongdoing. In Trustor AB v.Smallbone25 the defendant Smallbone had effected the payment of considerable sums of money from Trustor AB, a company of which he was managing director, to a company called Introcom, which he controlled. Sir Andrew Morritt V-C found that Introcom was simply a vehicle for receiving the money, and that the payments were made in breach of Smallbone’s duty to Trustor. Summary judgment was ordered against Smallbone and Introcom. 24. What then is the law following the decisions in Ord and Williams?Neither case, of course, involved findings that the relevant company had been a facade. Ord should not be 22 Ibid p. 536. 23 [1998] 2 All ER 577 24 The Court of Appeal has held that the principles identified by the House of Lords in Williams are equally applicable to torts other than negligence, although this decision has been criticised: see Standard Chartered Bank v. Pakistan National Shipping Corp. (No 2) [2000] 1 Lloyd’s Rep 218 25 [2001] 1 WLR 1177 10 thought to prevent the veil being lifted in cases where there is a sham or facade.Subsequent authorities, as well as the House of Lords decisions prior to Ord26, show that the law is still that the courts will be willing to lift the veil in cases where there is a sham and that principle is still at the heart of the test to be applied. AGENCY AND GROUPS 25. Although Salomon made it clear that a company is not automatically the agent of its shareholders, in exceptional cases such a relationship can exist, and it will be a question of fact whether there is a relationship of agency in any particular case, so that it is appropriate to pierce the veil.Questions of agency most o ften arise in the context of associated or group companies, and so the two areas are here considered together. Statute 26. Companies Act 1985 ss. 227-231 (and CA 2006 s. 399 et seq) provide that groups of companies must prepare group accounts, which must comprise consolidated balance sheets and profit and loss accounts for the parent company and its subsidiary undertakings.The aim of the accounts is to give a true and fair picture of the state of the undertakings included in the consolidation as a whole, which are treated for the purposes of the accounts as an economic unit. The process naturally requires that the corporate veil be lifted in order to identify which companies form the group. The courts are also sometimes willing to treat a group of companies as a unit for other purposes, and have tended to justify the decision to pierce the veil by analogy with the legislation, or by finding that one group company was the agent of another.Case Law 27. The development of the courtsâ⠂¬â„¢ attitude to agency in a company context has tended not to produce clear rules, perhaps until recently, and so the historical case law is summarised below. The principles leading to a finding of agency were considered by Atkinson J in 26 E. g. Woolfson v. Strathclyde Regional Council [1978] SLT 159, in which Lord Keith of Kinkel stated that it was appropriate to lift the veil â€Å"only where the special circumstances exist indicating that [the company] is a mere facade concealing the true facts†. 1 Smith, Stone & Knight Ltd v. Birmingham Corporation27, in the context of whether a subsidiary company was the agent of its holding company. That was a case where agency was established and the veil lifted – the parent company had full and exclusive access to the subsidiary’s books, the subsidiary had no employees other than a manager, it occupied the parent’s premises for no consideration and the only evidence of its purportedly independent existence was its name on the stationery.Atkinson J said that the question of whether a company was carrying on its own business or its parent’s was a question of fact, and identified six questions which he considered determinative: (i) Were the profits of the subsidiary those of the parent company? (ii) Were the persons conducting the business of the subsidiary appointed by the parent company? (iii) Was the parent company the â€Å"head and brains† of the venture? (iv) Did the parent company govern the venture? v) Were the profits made by the subsidiary company made by the skill and direction of the parent company? (vi) Was the parent company in effective and constant control of the subsidiary? These questions, while still relevant, can no longer be viewed as a complete statement of the law. As will be discussed below, the trend of the authorities has been away from findings of agency unless particular circumstances dictate that such a finding should be made. 28. It is relevant to consider the purpose for which the relevant company structure was created. In Re F. G. Films) Ltd28 an American holding company set up a British subsidiary to produce a film, in order that it might be classified as a British film. The Board of Trade refused to register it as such, and the matter came to court. It was held that the British company’s participation in the making of the film was so small as to be practically negligible, and that it had been brought into existence for the sole purpose of being put forward as having made the film, and for thus enabling it to qualify as a British film, and that therefore there was a relationship of agency. 2 29. In Littlewoods Mail Order Stores Ltd v. McGregor29 Lord Denning warned that the Salomon doctrine had to be carefully watched, and said that Parliament had shown the way as regards the scrutiny of groups of companies, and that the courts should follow suit. 30. An influential case in this area was DHN Food Distributors Ltd v. Tower Hamlets London Borough Council30, which concerned compulsory purchase: one company in the group owned the freehold of premises, from which another group company traded and which it occupied as bare licensee.The Court of Appeal stressed the significance of the existence of a â€Å"single economic unit† and recognised the group as a single entity, allowing it to recover compensation, but the exact reasons behind the decision are unclear, as the members of the court were each apparently influenced by different factors. Lord Denning MR noted that the subsidiaries were wholly owned, Shaw LJ pointed out that the companies had common directors, shareholdings and interests, and Goff LJ referred to ownership and the fact that the companies had no business operations outside the group.Goff LJ also stated that not all groups would be treated in this way, and there have been cases since DHN Food Distributors in which wholly owned subsidiaries have not been identified as a unit wit h their holding companies31. 31. To further confuse the position, DHN Food Distributors was not followed by the House of Lords in the Scottish appeal of Woolfson v. Strathclyde Regional Council32, and also runs counter to many decisions of courts in Australia and New Zealand. In Industrial Equity Ltd v.Blackburn33 the High Court of Australia said that the group accounts legislation did not operate to deny the separate legal personality of the company. In Re Securitibank Ltd (No. 2)34 the New Zealand Court of Appeal considered the decision in Littlewoods Mail Order Stores and thought that the approach in that case was the wrong way around– the court considered that the Salomon principal should be the starting point 13 for any examination of a group of companies, and any departure from it should be considered carefully.In the New South Wales case of Pioneer Concrete Services v. Yelnah Pty Ltd35 Young J considered the authorities and held that the veil should only be lifted wher e there was in law or in fact a partnership between the companies, or where there was a sham or facade36. 32. The English position was again considered by the Court of Appeal in Adams v. Cape Industries plc37, in which the Claimants with default judgments obtained in Texas against a company sought to enforce those judgments against an its ultimate holding company in the United Kingdom.The Court of Appeal held that although a parent company exercised supervision and control over its subsidiary in a foreign country, the parent company was not present in that country, and did not submit to that jurisdiction, by a subsidiary which did business in its own right. In the passage quoted above, Slade LJ stated that the Salomon principle will not be disregarded simply because justice so requires, and that subsidiary companies should be considered as individuals unless special circumstances dictated otherwise.Members of a corporate group were perfectly entitled to use the corporate structure e ven if the consequence was that only lowly capitalised subsidiaries were exposed to potentially harmful asbestos claims. 33. It is suggested, therefore, that the present position is that the courts are likely to be unwilling to lift the veil as against groups of companies in the absence of some agreement of agency, and that Littlewoods Mail Order Stores and DHN Food Distributors cannot any longer be considered authoritative. CONCLUSIONS â€Å"Genuine Ultimate Purpose†- An alternative test? 4. Some shams or facades may be obvious, but many others will not. The courts are reluctant to provide precise guidelines so as to define what constitutes a sham preferring the flexibility of a case by case approach. Useful tests to be employed when trying to identify a sham are: * Are the relevant entities in common ownership? * Are the relevant entities in common control? * Was the company structure was put in place before or after a particular liability (or serious risk) arose, and if th e latter then to what extent was he liability or risk a motivating factor for those who set up the structure? * Was the company structure put in place in an attempt to allow an activity which would be unlawful if carried out personally? 35. It has been suggested by some commentators38 that a â€Å"genuine ultimate purpose† test should replace the traditional established sham or facade test. However, this novel approach may throw up as many problems as the traditional test.Further, it seems to strike at the heart of the concept of the limited liability company since a primary (and often sole) purpose of incorporation is to reduce personal exposure to trade creditors, a motive that has been held to be acceptable since the concept of the limited company first became part of the legislative framework. Parliament, when passing the Companies Act 2006, had ample opportunity to conduct a wholesale revision of this principle but deliberately left the topic well alone. There currently appears to be little judicial enthusiasm for such revision either. DOV OHRENSTEIN RADCLIFFE CHAMBERS LINCOLN’S INN

Something relate to Visual Culture and Institutions of Meaning Annotated Bibliography

Something relate to Visual Culture and Institutions of Meaning - Annotated Bibliography Example Historically â€Å"culture† it is understood to be something that influenced the separate of the elite from the rest of the world. (Mitchell) In addition, it has inextricably linked to how people theorize the visually and visual. Visual culture spans in most different Medias. Photography, digital media, industry of medicine, film, television, fashion, advertisement, also signage can be seen as visual culture. Communication is the passing of information from one party to the other. In the world, communication is the only way of passing information between two parties; however barrier associated with communication hinder its efficiency. Communication and cultural industry make a full theoretical approach to the social, political and culture effects of film, music, video, television radio and digital â€Å"content producers† in the postindustrial economies. (Rampley, 124). The traditional culture and the modern culture highly differ in a number of ways. In the traditional culture lied more to a formal way of communication in comparison to the modern one that consist both formal and informal ways. Rampley says that the industry’s support and regulation are influenced by interactions among legal technologies and regulatory matrixes. Rapleys information’s is reliable as he says that through visual culture, there are many things happening for many reasons and in different ways. For instance, published images of journals, magazines and advertisements. Analysis of these models against the contextual background is interpreted as either political leanings or implied meanings. By the advertisement, we can observe all sorts of cultural juxta-positioning each classical art against robots. The use of digital media for example cell phones, iPods create the unprecedented speed of image transmission and proliferation. ( Rampley, 200). This reliable source dates

Malcom X Essay Example | Topics and Well Written Essays - 500 words

Malcom X - Essay Example Malcolm X was an African-American who advocated for the rights of all the black people of American (Conyers & Smallwood 17). On the other hand, critics have also revealed plenty of negative things that he did in life, which I would like to find out the truth about from himself. I would like to meet Malcolm X in order to understand why he portrayed two contradicting characteristics, even if all his efforts were directed towards equal treatment of whites and blacks. I would like to meet Malcolm X because of his courage in fighting for the cause of humanity. Not many people could stand out so strongly and openly against a government and accuse it of crimes against humanity. His courage is even more pronounced when one considers that he had no parents to look up to, having been orphaned at a young age. So courageous was he that he was once quoted as saying he would advocate for violence if a state of non-violence meant postponing having a solution to the problems faced by black Americans. Being a person who knew what he wanted early in life, he dropped out of junior school after he was told by a white teacher that his ambition of practicing law in the future was not realistic for blacks (Conyers & Smallwood 33). His commitment to the right treatment of black people in America is worth admiring. After dropping out of school at a young age, Malcolm X engaged in various jobs between the age of 14 to 21 years. It is during this time that he also engaged in wrongdoings such as robbery, drug dealing, racketeering and gambling. He also broke into houses and targeted wealthy white households. He was even denied entry into the military after he said he would steal guns to kill white Americans. It has also been reported that he engaged in sexual activities with other men in exchange of money (Conyers & Smallwood 41). I would like to find out from him why a person with so much ambition and the interests of the minority in his

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Database Dangers in the Cloud Research Paper Example | Topics and Well Written Essays - 500 words

Database Dangers in the Cloud - Research Paper Example An example of co-mingling of data is â€Å"data (which) could become unavailable to you just because it was being stored on the same server as data belonging to someone else† (Trappler, 2012, par. 2). The danger of co-mingling of data, as noted, include inability to access the data; information being disclosed to other parties and thus, compromising the privacy and confidentiality nature of the information; being exposed to legal sanctions; among others. As emphasized, â€Å"with cloud computing, data from multiple customers is typically commingled on the same servers. That means that legal action taken against another customer that is completely unrelated to your business could have a ripple effect†¦ a search warrant issued for the data of another customer could result in your data being seized as well† (Trappler, 2012, par. 2).An example of co-mingling of data is â€Å"data (which) could become unavailable to you just because it was being stored on the same serv er as data belonging to someone else† (Trappler, 2012, par. 2). The danger of co-mingling of data, as noted, include inability to access the data; information being disclosed to other parties and thus, compromising the privacy and confidentiality nature of the information; being exposed to legal sanctions; among others. As emphasized, â€Å"with cloud computing, data from multiple customers is typically commingled on the same servers.

Product and Place with Nutritional Supplements Assignment

Product and Place with Nutritional Supplements - Assignment Example Product and Place with Nutritional Supplements Introduction Product, place (distribution), promotion and price are the four most important marketing considerations. According to Nevin, the nature of a product and how it appeals to customers determine its marketability. The distribution of the product in the market can be done selectively, exclusively or over a large area depending on the choice of the producer. The sale of the product is also influenced by its price and consumers probably go in for cheaper products. Moreover, customers tend to be attracted by marketers who give them appropriate promotions (Nevin, 2002). 1.) An Overview of Distribution Channels A distribution channel can be defined as a pathway through which goods and services move from the producer to the consumer (Frazier & Summers, 2000). It involves all the institutions through which goods and services must pass from the point of their production to the point of their consumption (Kerin, Hartley & Rudelius, 2011). Lyndon and Sally argue that any meaningful definition of a distribution channel should include the flow of payments (generated from the sale of goods and products) from the consumer to the producer (Lyndon & Sally, 1998). Thus as Nevin notes, a distribution channel is an element of marketing mix that is effected through two directions: from the producer to the consumer and from the consumer to the producer (Nevin, 2002). 1. A) Channel Levels: Direct versus Indirect Distribution A distribution channel is effected at two levels: the direct and indirect distribution channels (Frazier & Summers, 2000). In a direct distribution channel, the producer delivers goods and services to the consumer without using intermediaries or middlemen (Nevin, 2002). Thus the producer sells goods and services directly to the consumer. On the other hand, in an indirect distribution channel, the producer delivers goods and services to the consumer through the assistance of intermediaries (Nevin, 2002). Thus in this case, producers use a third party in selling their products in the market. Examples of intermediaries include wholesalers, agents and retailers among others (Kerin, Hartley & Rudelius, 2011). Using intermediaries normally results in greater sales than selling directly from the point of production to that of consumption (Lyndon & Sally, 1998). 1. B) Channel Organizations: Conventional, Vertical, Horizontal and Multichannel Marketing Systems There are four main forms of marketing systems along which most distribution channels are organized. Firstly, we have a conventional marketing system which involves one or more producers, wholesalers and retailers acting independently and separately in efforts to maximize their own gains (Kerin, Hartley & Rudelius, 2011). Secondly, we have a vertical marketing system in which producers, wholesalers and retailers function as a unified unit. Here, one of the channel members acts as the owner of all the others and exercises power over them ( Frazier & Summers, 2000). Thirdly, there exist horizontal marketing systems in which two or more business companies at the same level combine their financial and marketing resources in pursuit of marketing opportunities (Lyndon & Sally, 1998). Finally, we have a multichannel marketing system where the producer uses two or more marketing channels in distributing goods and services (Nevin, 2002). 2.) Analyze your target market's needs Customers in different target

Melting of the Arctic Glaciers Essay Example | Topics and Well Written Essays - 750 words

Melting of the Arctic Glaciers - Essay Example . . . . . . . . . . . . . .3 B. Adaptation Efforts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 C. Examples of Adaptation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3. Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 4. Works Cited (Bibliography) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Introduction People had previously dismissed warnings about global warming because of claims a group of scientists tasked to study its effects had fudged or manipulated their data. But today, there is no more doubt on this topic as the glaciers in the Arctic region of the world (located in the northernmost part of the Earth) are melting away fast due to the greenhouse gases caused by the burning of fossil fuels. Oil and coal are used to produce energy and electricity but they also produce by-products which are mainly carbon dioxide and methane that trap the sun heat energy. It is su pposed to be reflected back to outer space in a process called as Albedo effect. A warmer Earth has changed the ocean's surface temperatures and also its salinity with serious effects on marine life (Ehrlich 1) and caused rising sea levels. This brief paper examines all its effects on the populations of low-lying areas of the world and what can be done about it. Discussion Even the skeptics are now convinced that global warming really exists as manifested by weather that has gone haywire, as mentioned in an article by Mr. Hertsgaard like a â€Å"fiercer heat wave, harsher droughts, heavier rains and rising sea levels† (1). The top three polluters of the world are China, America and India, in this order of magnitude. â€Å"The world pumped about 564 million more tons (512 million metric tons) of carbon into the air in 2010 than it did in 2009. That's an increase of 6 percent. That amount of extra pollution eclipses the individual emissions of all but three countries - China, the United States and India, world's top producers of greenhouse gases. It is a "monster" increase that is likely unheard of, said Gregg Marland, a professor of geology who has helped calculate Department of Energy figures in the past. This extra pollution in China and the U.S. account for more than half the increase in emissions last year.† (Borenstein 1). What is even more alarming is the observation that even if all emissions are stopped or discontinued today, global temperatures will still keep rising for 25 years. There are basically two ways or approaches by which people can deal with the global warming phenomenon: first is mitigation and the second is adaptation. Mitigation pertains to a front-end approach of reducing gas emissions to slow down the warming trend and it includes using renewable and clean energy sources, such as wind power or solar power. The other end of the equation is adaptation which are actions intended to safeguard a community or country from the il l effects of global warming, such as rising sea levels that can inundate low areas. Mitigation – everybody can contribute to reducing greenhouse gases by living simple lifestyles. The idea is to reduce a person's carbon footprint by using less fuel in daily living. It entails, for example, using the car less and walking more often, or using a bicycle for moving around. There are many ways by which one can accomplish this, such as reducing the use of manufactured products or consumer items that use a lot of energy, reducing use of electricity, or by patronizing more

Hiroux's Basic Principles of Morality Essay Example | Topics and Well Written Essays - 1000 words

Hiroux's Basic Principles of Morality - Essay Example When we evaluate the United States through the lens of Thiroux's basic principles, we find a country that is striving for moral idealism and compromising to satisfy reality. When considering the United States, it needs to be defined as a culture and society of people, religion, and laws. It is not the canyons, mountains, and buildings. The morality of the United States extends to the people, their laws, and the philosophical underpinnings of the constitution. Giving a moral standing to the inanimate objects within our borders would go beyond the traditional boundaries of the moral universe (MacNiven, 1993, p.204). When we apply Thiroux's five principles, we examine the people, the law, and the principles as they are applied to the people in our own country and around the world. When evaluating a situation or a people for its ethical nature it is critical that we have the truth. Honesty, one of the five principals, is the foundation that morality is built upon. Our major religions embody the principle in the ninth commandment of 'thou shalt not bear false witness'. It is reflected in our expectation of truth from our leaders and courtroom testimony. However, the US is inundated with false and misleading advertising, and our country goes to war based on a deception. In the US, honesty is generally valued only so long as it is in our own self-interest. In the long term, the self-interest of corporations and politicians can become the illusion of honesty (Mansbridge, 1990, p.151). While the US embraces honesty as a concept, the principal is often overrun by self-interest. A fundamental moral principle is the sanctity of life and the belief that we should celebrate life and accept death (Thiroux, 2007). The United State's Declaration of Independence expresses the similar belief when it says that one of our inalienable rights is our right to life. This moral principle is reflected in our laws that prevent assault or murder, as well as the fundamental respect for life that is practiced by our mainstream religions. Still, abortion laws, lack of child health care, and militaristic adventures call into question whether this is a guiding principle of the US or merely words to strive for. Here we see our principles overlapping and contradicting one another. Freedom of choice and a right to privacy impede the idealism of the value of life in regards to health care and abortion (Thiroux, 2007). It is also argued that military action serves to save a greater number of lives than it takes. No system of laws or government has a greater respect for individual freedom than the democracy of the United States. Once again, the principles are valid only within a well defined context. If questioned, many Americans would express the feeling of exploitation and slavery to the economic system. Personal freedom is only attainable if the freedom is in itself moral. The United States has made incremental progress towards individual freedom, though we do not have the absolute freedom to do as we please. Our morality may be at odds with someone else's value system. Henry David Thoreau (1892) said, "The progress from an absolute to a limited monarchy, from a limited monarchy to a democracy, is a progress toward a true respect for the individual" (p.151). While the United States has the ideal of a universal morality, our diversity challenges our individual freedo

Human Resources Term Paper Example | Topics and Well Written Essays - 3750 words

Human Resources - Term Paper Example It is because of the quality of human resource and proper management of human resource that an organization is able to differentiate itself from others and the organization is able to attain competitive advantage (Blau, 1978). Organization invests in different projects and assets so that they would yield returns to the company in the long run and the company only invests in them if the expected value of the returns of the projects or assets would be more than their total present investment cost. This theory can also be linked to the human resource of the organization and organizations invest in human resource so that they would yield them profits in the years to come and help the organization to grow as a successful venture. As human resource is the most important asset of the organization and therefore it is imperative for the organization to properly manage its human resource so that the investment yields maximum return (Roslender, 1997). There can be different kinds of investment on human resource like the cost of training, cost associated with recruitment of employees etc and therefore it is important for the management to properly analyse the cost and returns that human resource would yield and for th is purpose, human resource accounting has emerged as the solution (Mirvis, & Lawler III, 1984). The concept of human resource accounting is the process by which organization analyses and compares the investment that they have made in the human resource and the benefits that human resource yields to the organization (Pyle, 1970). This information about the cost and benefit of human resource is then conveyed to the interested parties in the organization. This kind of investment is not reported in the conventional financial statements of the organization however this investment is an important one for the long run success of the organization. This report analyses the concept of human resource accounting and how organization uses the concept of human resource accounting along with the importance of human resource accounting. In addition to this, this report also discusses about different methods with which organizations analyses the performance and cost of employees in an organization a nd limitations of each method and then the conclusion. Concept of human resource accounting and how organization uses it Human Recourse Accounting is the term used to measure the worth and cost of their organization’s employees. Thus, it is the process of identifying, quantifying and communicating the data and information about Human Recourses to the parties involved (Roslender, & Dyson, 1992). It is an effort to identify and report the investments and funds made in organization’s human recourse that are presently not accounted for in the usual accounting practices. Different organizations use the idea of human resource accounting in different ways. With the passage of time, more and more organizations have started implementing this concept considering its importance not only for the human resource department to better evaluate the performance of individuals but as it helps in improving the long profitability of the organization as they are able to identify which human resource or employee is most important to the organization and which human resource should be included in their long run plan and therefore using human resource accounting the management is able to plan things in a better way (Caplan, & Landekich, 1974). However, despite of an increasing use of human resource accounting in different industries around the world, still there are several organizations that do not utilize this concept. Human resource acco

Marketing Plan New Product Essay Example for Free

Marketing Plan New Product Essay Titles Page No 1) Executive Summary 4 2) Current Marketing Situation 5-6 3) Threats and Opportunities 6-9 4) Objectives and issues 9-13 5) Marketing Strategy 13-19 6) Action Programs 19-21 7) Budgets and Controls 21-23 8) References 24 Executive Summary on Apogee Apogee is a shoe which is completely made from old, unused soccer balls. After using a soccer ball for quite sometimes it becomes unworthy to use. So people throw out the old soccer ball to buy a new one. But what they don’t realize is how harmful this plastic material can be for our environment. To remove this problem and also to make brand new merchandise we are going to produce trendy shoes from these unused soccer balls. These shoes can be worn by the people of all ages. These are also going to be stylish so fashion concerned people can feel attractive in them. Next comes the huge issue of environment safety. There are many products in the market which are very useful but there deathly for our environment. But this shoe is completely made from recycling old soccer balls. So it does no harm to our environment. In fact it works to protect the environment. The third issue is price. People want to wear new and fashionable shoes. But most of them can’t afford such expensive products. As apogee is made from old soccer balls it is really cheap to produce. So we can offer people new and trendy shoes at a minimum price. Reviewing all the features of apogee we can assertively say that this product is going to be popular, environment friendly and last but not the least inexpensive. Current marketing situation We are planning to produce shoes from recycled soccer balls. In the current market people of all classes need shoes. They want more trendy sturdier shoes. Furthermore people are now more conscious about the environment they live in. So we choose this idea of making shoes from recycled soccer balls keeping in mind the environment as well as the customers both at international and domestic level. Our customers: In todays modern world there is a craze about sports, particularly about football.Soccer mania is here and everyone seems to be riding high on the popularity wave. Everyone watches football now a days, so what if they could use a product that not only served their purpose but also indicate their love for the game and that’s how we came up with the idea of making shoes from recycled soccer balls. Football is popular around the  globe , specially in Europe and south america. As we are planning for a global launch of our product we will concentrate particularly on these region. The youths of Bangladesh are quite interested about sports and of course football, so we are developing our product keeping in mind their taste and preferences. We are hoping we can go global with our product after we are successful in making it a success in our domestic market. Market segmentation: We are planning to divide our market on the differences of our customers trend,style and fa shion. We will develop these shoes for both boys and girls. For Boys and girls who are aged from 10 to 15, we will asses their current demand for new shoes and also we will customize them according to their needs. We will use the same strategy for customers aged 16 and above. Thinking internationally, we may think about the international preferences of our global customers. We will also give our customers the alternative to customize their product according to their need and taste. Current market competitors: currently adidas and nike are dominating the sports accessories business by providing state of the art merchandises specially sports shoes. But what we want to do is we want to create an positive image of our product by creating the ultimate soccer shoes that is available and most importantly affordable for the customers. Furthermore we are using recycling material to make this product that will also create a positive image. As they say â€Å" first impression is the last impression† and that’s exactly what we are planning to do. We wan to make a global impact. Opportunity We cannot sustain our consumerist lifestyle without getting inundated by garbage and exhausting the earth’s resources. Solid waste disposal experts engage in an uphill struggle to contain this virtual avalanche of garbage we produce every day. It is apparent that digging a hole, a landfill, is clearly not the answer. Sooner or later, the waste becomes uncontainable and will spill into our farming areas, forests, and water sources. Here we have shown some opportunities of producing shoes from recycling football soccer Good raw material: As football is an international game and it is produced for international purpose, we are getting almost best quality of product. If we recycle the  soccer and if we produce shoes from this waste material, ultimately we are getting good quality material for producing shoes. Less expensive: Many of we have the tendency to buy pure leather shoes. Sometimes we desire to buy but we step back when there is a question of money. If we use the useless soccer we will be able to reduce the cost of soccer and so ultimately we will reduce the purchasing price also. Save animals life: As we are using football soccer as our raw material which people consider as wastage, we are helping our environment to keep sound. When we are using animal leather, animal lives are in danger. So if we use the soccer we will be able to protect the life and it will be environment friendly. Proper utilization of resources: We are using the proper use of resources which is also good for environment. Environment friendly: Football is made with plastic, synthetic paper, leather and rubber. We know plastic, synthetic paper, plastic are discomposed material. When we get the utility, we throughout the ball in the dustbin that may causes problem to the environment. It may stick in the drain and can create problem in drainage system. Objectives and Issues of APOGEE: Marketing plans are written documents that help us communicate our marketing efforts for the following year. One of the most important parts of the marketing plan is the objectives and issues section, which helps internal employees or external stakeholders understand the marketing goals. 1. To save our Environment Our main objective is to save our environment through recycling. We will prepare shoes by recycling footballs. In recent years, scientists have been carefully examining the ways that people affect the environment. They have found that we are causing air pollution, deforestation, acid rain, and other problems that are dangerous both to the earth and to ourselves. With the help of recycling we can protect our environment to some extent. Recycling is a process using materials (waste) into new products to  prevent waste of potentially useful materials, reduce the consumption of fresh raw materials, reduce energy usage, reduce air pollution (from incineration) and water pollution (from land filling) by reducing the need for conventional waste disposal, and lower greenhouse gas emissions as compared to plastic production. When a football gets old and rusty, it has no use. We often throw it into the dustbin or somewhere else. It is polluting our air and land. With the help of recycling we can convert these footballs into shoes. We hope it will reduce air and land pollution and thus we can protect our environment. 2. Sell quality shoes with low price: Another objective is to sell quality shoes with low price. People now are very concern about quality and price. They want high quality product with low price. So we will sell high quality products with low price. 3. Increase market share: Another objective is to increase our market share. With the help of marketing strategy we can increase our market share. In this case we have to invest a lot of money in promotion and distribution of the product. We are expecting to increase our market share up to 10% in the next year. 4. To be the number one in the existing market One of the most important objective is to be the number one in the existing market. For these reason we have to implement our market strategies properly which have been discussed later. Issues that can affect our objectives: 1. Environmental issue: Environment means everything that makes up our surroundings and affects our ability to live on the earth. Today environmental issue is very important. There are many organizations who are working to protect the environment. They are creating pressure on the companies. So we will sell environment friendly product. We will not use any synthetic leather or any other chemicals that may cause harm to our environment. 2. Health issue: Today people are very health conscious. They want to know everything about the product. If they feel that  the product they are using are not safe, they will not use the product. APOGEE shoes are really safe because it is a green product. We will not use any chemical product in producing the shoes. 3. Social issue: We have to work in our society. So we have some social responsibilities. We have to think about our society and produce products according to their needs and wants. We should keep a friendly relationship with the people of our community. 4. Child labor issue: Another important issue is child labor issue. According to the labor act policy in 2006 child labor has been banned from all the industries. Showing respect to the law we will not use any child as our labor. 5. High quality with low price issue: People now are very concern about quality and price. They want high quality product with low price. So we will sell high quality products with low price. We will also give some discount to our customers. Marketing Strategy Of Apogee : Introducing a new product to the market can be a challenging task for a business. No matter how much confidence you have in the value of the product or how unique it is, there are still things to consider before unleashing it on the public. The marketing concept of building an organization around the profitable satisfaction of customer needs has helped firms to achieve success in high-growth, moderately competitive markets. However, to be successful in markets in which economic growth has leveled and in which there exist many competitors who follow the marketing concept, a well-developed marketing strategy is required. Such a strategy considers a portfolio of products and takes into account the anticipated moves of competitors in the mark. Customer Driven Marketing Strategies for Apogee : Making strategy decisions need to be customer driven as your end customers are the ones who will be making purchase to our products and services. The topic of Customer Driven Marketing is how to divide up the identified market into meaningful customer groups, choose which customer groups to serve, create market offerings that best serve targeted customers and position the offerings in the minds of customers – referred to market segmentation,  targeting, differentiation and positioning. The reason for having customer driven marketing strategies is companies today cannot appeal to all buyers in the marketplace. Buyers’ behaviors are difficult to predict, too widely scattered and too varied in their needs and buying practices. Companies must design customer driven marketing strategies that build the right relationships with the right customers. Why Customer Driven Marketing for Apogee : In a nutshell, with proper application of a customer driven marketing strategy, the we can focus our efforts on meeting distinct needs of individual market segment to target segments in which it can profitably generate and sustain customer value. It can then communicate deliver the chosen position with its resources available for an effective strategic marketing plan. With a customer driven marketing approach, the company has clearer direction to maintain its desired marketing position on targeted market segment(s) through consistent performance communications. Nonetheless, for larger companies such as Unilever and PG, they can offer complete range of products to serve all market segments to meet customers’ needs. We must divide up the total market ,choose the best segments and design strategies for profitably serving chosen segments. This process involves market segmentation ,market targeting , differentiation and positioning . Market Segmentation : As we are making shoes from recycled soccer balls and its for everyone ( Boys,girls,Childrens) we can divide our markets into 2 types – 1. Customers Aged 10-15. 2. Customers Aged 16 and above. Market Targeting : Footwear sales have been falling in developed countries and slowing in emerging countries due to lower income levels; and therefore, less spending on apparel and footwear. Consumers are  focusing increasingly on value for money, looking for simple, hard-wearing shoes that last . As children and young people are passionate about stylish shoes we are focusing them as our target market . Positioning : We will make our shoes more attractive than our market competitors . We will sell our shoes at a reasonable price . We will give them longer lasting shoes and will guarantee them for a certain period. We will use our distinctive shoe logo or Brand name so that we can hold our market for a long time. At the beginning we will give advertisements to acknowledge them about our products .We will give discounts for our special customers . Our shoe logo Differentiation : We will serve our customer a different service compared better than our competitors on the following basis : I. We will make our Shoes attractive. II. We will sell our shoes at reasonable price. III. We will give discount to our customers . IV. Will give them guarantee for our products . V. Will take orders from customers to make customized shoes . Marketing Mix : This section outlines how we will make strategies for each marketing mix element of our Apogee shoes and how each responds to the threats , opportunities and critical issues . Product : In order to outdo our competitors we will take specific strategies for our product .The strategies will be – 1. We will make a variety of products on some specific categories such as for boys shoes ,Sandals , Sport shoes for girls we will make clogs ,lace ups, heel shoes etc. 2. We will always promise them  100% best quality for our product . 3. We will follow Fendi ,DIESEL ,Armani , Burberry ,Moschino designs to make our shoes . 4. We will use clear shoe box, ,paper shoe boxes in packaging our shoes . 5. We will make it eco -friendly. paper shoe boxes plastic shoe box clear shoe box Price : We will always try to give customers good quality shoes at a reasonable price .For this we need to take some sort of incentives , they are – 1. We will give price tag on each of our shoes. 2. We will give 5% discount on our shoes at the starting of our business in order to get consumer attention on our shoes. Place : 1. We will open our branches in home and abroad. 2. We will try to open our branches in U.S.A , Canada , South-Africa .So we will obviously try to make an influence on consumers to buy our product. 3. We will always try to sell the shoes that were produced first. 4. As shoes will be produced in Bangladesh we need to transport them across national boarder and in home .We prefer to transport shoes to abroad by air and in home by our private transport . Promotion : 1. We will advertise our shoes on newspaper, magazines , and on t.v. 2. We will open our own branch in home and abroad . 3. We will show the positive sides of our products such as its durability, comfort ability , up to date with latest designs and customer choices . ACTION PROGRAMES A Marketing Action Plan is a way of putting in place a structured series of activities to get a predictable result. Here are the basic steps: 1. Define the service we want to offer. 2. Define our Target Market for the service. 3. Define additional outcomes 4. Plan the resources required 5. Plan of costing Financial Plan Our financial plan is based on receiving several loans to purchase/fabricate the production equipment, provide initial operating capital, and establish the customer value. We will achieve profitability early in the first year and due to the expected high growth rate, we will realize strong profits on sales by net year. APOGEE shoes are made with recycled soccer ball and produced in fair-trade factories. We also sell only to independent retailers worldwide in order to cycle money back into local economics. Our hope is that people with similar philosophies will be inspired by our experiment in grassroots capitalism and start their own business ventures. This company pretty much focuses on one thing: recycled material. In making shoes, we use 80% recycled material and other things. Our principles underlie on low cost, but effective marketing strategies. Budgeting Apogee develop and make use a effective budget plan that will make sure to achieve expected profit rate. The following is an estimate of the sources of our principal costs: Capital costs †¢ Land fees †¢ cost of special equipment and †¢ Cost of set-out containers. Operating Costs †¢ Labor; †¢ Supplies; †¢ Administrative and Overhead; †¢ Truck Maintenance; †¢ Fuel, Maintenance; †¢ licenses, insurance, registration fees; Cost of Production WE will establish a minimum cost estimate for producing hoe. As we use the useless soccer ball for producing hoe the cost will not be high than using the material. Recycling less energy and generate less pollution than using less material. So here we have low energy cost. Promotion cost Our budget include marketing cost. Because e need to advertise.issue pre release, and make calls to potential customer. We will determine the cost of each marketing element. Labor cost In Bangladesh, the labor cost is not high. Here at first e hire some labors who are expert in this work. We analysis that this cost will not exceed our budget. We will make sure that we can get maximum output from labor. Distribution cost Apogee first launch some testing product and when it reached at higher growth rate then it ill export it product to other country. Controlling Apogee practice a constant marketing control process. First it set specific marketing goal. Then we will measure it performance in the marketplace and then evaluate the cause of any difference between expected and actual performance. Finally it takes corrective action to close the gap between it goal and it performance. This may require changing the action program or even changing the goal. (RESOURCES) Recycling Benefits A Recycling Revolution www.recycling-revolution.com/recycling-benefits.htm Threats on scrap sources accessibility: the loss of access and a new www.institut.veolia.org/recycling/recycling/recycling-threats.as Photos National Geographic Kids kids.nationalgeographic.com/kids/photos/

Psychological Adjustment Following Mastectomy Health And Social Care Essay

Psychological Adjustment Following Mastectomy Health And Social Care Essay Breast cancer is so common that 1 in 17 women develops breast cancer in her lifetime (Health Promotion Board, 2009). The American Cancer Society (2010) estimated 1.4 million new diagnoses of breast cancer worldwide. In Singapore, breast cancer is the leading cancer among women with an annual incidence rate of 1300 (Singapore Cancer Society, 2008). Data from the National Registry of Diseases Office (2010) shows that breast cancer contributed to a significant 29.2% of cancer in Singapore women, most prevalent at the age group 55-59. The ethnic distribution of the disease is equal and the estimated lifetime risk of breast cancer is 5% which is much lower than that of the American and European women (Singapore Cancer Society, 2010). However, the incidence rate has been rising rapidly exceeding the rate in United States (Jara-Lazaro, Thilagaratnam, Tan, 2010). Mastectomy is inevitable in patients with large breast tumors (Singapore Cancer Society, 2010). It has unique consequences because of the mutilation of an organ that represents a womans femininity and sexuality and plays an important role in sexual pleasure and stimulation. The paper reviews the literature relating to the psychosocial impact of mastectomy on a womans body image and sexuality which can affect her mental health. As survivorship of breast cancer following mastectomy becomes more common, the findings in this review are of significance to nurses caring for these women in providing interventions to address their psychological wellbeing. 2. Literature Review The review has been divided into 3 stressors for post-mastectomy women: body image, sexual functioning and marital adjustment. 2.1 Body image Ample studies had demonstrated mastectomy was associated with altered body image (Morris, 1979; Gottschalk, Hoigaard-Martin, 1984; Lasry et al., 1987). A recent study conducted by Bakhta and Najafib (2010) also found that women who had undergone mastectomy had lower body image than healthy women. However, many other recent studies proved otherwise. Moreira and Canavarro (2010) conducted a longitudinal study on breast cancer patients and found only a slight increased in body shame during the period of surgery to 6-months after the treatments ending. Esmaili, Saiidi, Majd and Esmaieli (2010) conducted a survey on 90 women during the period of 1-3 months following mastectomy and found insignificant change in body image. Hopwood et al. (2000) found that 21% of the women reported no change in body image in the first 3 years following prophylactic mastectomy as they viewed the surgery as a good trade-off for better health. The type of surgery has a predictive role on body image and various researchers have explored its impact on womens adjustment. A quantitative research showed larger proportion of those who had mastectomy without immediate breast reconstruction reported problems with body image (Sackey, Sandelin, Frisell, Wickman, Brandberg, 2010). Studies on the impact of type of surgery have revealed contradictory results with Hopwood et al. (2000) demonstrating that some women disliking the look or feel of the reconstructed breast. Young women reported more body image problems (Bakhta, Najafib, 2010) while older breast cancer patients showed greater acceptance of the mastectomy consequences (Ganz et al., 2002). Salter (1997) states that patients acceptance of body changes is largely influenced by peoples reactions around her, implying that behaviour of the partners and nurses play the most important role in determining patients acceptance of their body regardless of the type of the surgery and the age of the patient. 2.2 Sexual functioning Many researchers have demonstrated the strong impact of breast cancer and mastectomy on sexual function. Reported rates for post-mastectomy sexual problems range from a low 18.6% in those with mastectomy and reconstruction to a high 30.2% in those without reconstruction (Rubino, Figus, Lorettu, Sechi, 2006). The main causes of post-mastectomy sexual problems were altered self-perceived sexual image (Yeo et al., 2004), loss of pleasurable sensation in the breasts and consequent decreased of sexual desire (Graziottin, 2007; Burwell, Case, Kaelin, Avis, 2006). This shows that sexual difficulties can be attributed to physical problems. 2.3 Marital Adjustment Mastectomy affects not only the patient but also her relationship with her partner. In the study of Avci, Okanli, Karabulutlu and Bilgili (2009), it was found that the patients had a moderate level of marital adjustment. Research has shown that quality of a womans relationship is a stronger predictor of sexual functioning than the alteration of the body after mastectomy (Alder et al., 2008; Zee et al., 2008). Whilst each of these factors has been considered separately, it is important to acknowledge that they are interconnected. Women who have a poor body image following mastectomy have lower sexual satisfaction and are more dissatisfied with their relationship with their partners. Future research is needed to acknowledge this inter-relationship, in order to manage the multi-faceted consequences of mastectomy. 3. Discussion 3.1 Relevance to nursing practice This review has demonstrated that there is a compelling evidence that mastectomy can have a significant impact on a womans psychological adjustment in terms of body image, sexual functioning and relationship with their partners, especially in young women. Schultz and Van de Wiel (2003) found that psychological well-being and sexual intimacy help in the recovery process. This suggests that nurses should be particularly sensitive to the consequences of mastectomy for womens sexuality and body image, as well as the consequences for their partners. In view of Salters study in 1997, it is suggested that nurses consider educating the patients husbands about the facial expressions, tone, touch, and behaviour that can enhance their wives body image. The nurses should also understand that their own body language can affect their patients acceptance of the changes in their body. The findings of this review regarding marital adjustment confirmed the need for a comprehensive counseling and education serving the purpose of mental health management for women and partners following mastectomy to facilitate marital adjustment. Patients who reported greater perceived support in a study reported fewer adjustment problems and lower psychological distress (Baidera, Ever-Hadanib, Goldzweigc, Wygodaa, Peretz, 2003). As such, a good relationship with the husband is important, especially as post-mastectomy outpatient care becomes more common, more men will be involved in providing care and emotional support for their wives at home. 3.2 Recommendations for future research On the basis of gaps in the current literature, further research is required to find out about the impact of mastectomy on Singaporean womens body image and sexual functioning. In the local study, it is found that body image and sexuality is often not discussed with patients following mastectomy as most breast cancer patients felt uneasy talking about their concerns, especially among the Indians, Malays and the elderly Chinese (Saraswathi, Suzanna, Ho, 2005). One notable gap in the current literature is an understanding of cultural differences in psychological adjustment which is important to Singapores multicultural society. In exploring post-mastectomy body image and sexuality, a nurse should know about customs of different religious groups so she can be culturally sensitive to the women under their care. However, this important area has received limited attention in the published literature. In the recent years, increasing focus has been given to study the body image among patients following mastectomy (Bakhta, Najafib, 2010; Moreira, Canavarro, 2010; Esmaili, Saiidi, Majd, Esmaieli, 2010). The findings of insignificant changes in body image could be attributed to patients more preoccupied with their survival rather than the physical changes due to loss of the breast in the earlier stages following mastectomy. As such, further study is required to find out the impact on body image after a long period of time when survival is obtained. Similarly, identification of interventions to respond to women with psychological concerns following mastectomy is yet to be explored. As such, further research is needed to ensure the psychological needs of women are met during treatment. 4. CONCLUSION This literature review details the likelihood of altered body image, the nature of sexual difficulties and the implications of marital adjustment associated with mastectomy. Based on the findings of the review, it is suggested that nurses caring for women who had undergone mastectomy to be particularly sensitive to their sexuality, body image and relationship with their partners to promote better recovery. She may consider teaching the husbands of the women how to help their wives accept their body image changes. In view of the importance of family support, a nurse may want to offer counseling to both the patient and the husband so as to facilitate in the marital adjustment following mastectomy. Several literature gaps are identified, including limited attention to local womens psychological concerns following mastectomy, customs of different religious groups that may affect the psychological adjustment and effective nursing intervention for women with concerns regarding body image, sexual functioning and marital adjustment following mastectomy.

The Growing Market Of Organic Clothing

The Growing Market Of Organic Clothing This proposed research paper is based on the growing market of organic clothing in UK fashion and retail industry. The organic industry has started with the organic food because people are very much conscious about a healthy lifestyle. But now the consumers are concerned about the environment as well. So the organic industry has increased the range of products from food to gifts, clothing, accessories, skin care products, beauty products baby and maternity products. Now organic industry is becoming popular in high streets and retailers realised that the consumers are looking forward for the ethically sound fashion. Moreover government is very much concerned about the increasing UK landfill and they have launched a campaign for tackling the environmental impact of the current fashion culture. They want the retailers to make sustainable clothes where people can use and dispose it without damaging the environment. The cheap throwaway clothes are adding to the landfill because these clot hes are not eco friendly. So poisonous gases are emitting from these sites and harm the environment as well as living beings. Though people are aware about all these things, organic clothes are not able to compete with the other materials. The entrance of organic clothes is a new challenge for retailers, suppliers and also the designers. The cheap throwaway clothes are fewer prices compared to organic clothes. The main problem which is going to be discussed in this research is how sales of organic clothes are affected by cheap throwaway clothes and how we can make the organic clothing to an everyday reality? If cheaper clothes become the market leader, then organic clothing will not be there in the future market. So how organic industry can be the market leaders and make it affordable and fancy everyone with its designs and prices. To give a detailed explanation about these problems the researcher will assess the challenges facing by organic clothing industry shows the comparison of organic and other fabrics and also the benefits of organic clothing. This research involves the analysis of how cheap regular clothing affects organic clothing industry and environment, challenges facing by organic clothing and also the future of organic clothing industry in the competitive retail market. Below are the following aims of this research: Æ’ËÅ" Analysing the impact of cheap regular clothing industry over organic clothing industry. Æ’ËÅ" Consumer awareness about the benefits of buying organic clothes Æ’ËÅ" Analysis of sales prospects for organic clothing and its future to establish a sustainable market share. Æ’ËÅ" Environmental impact and the consequences on stakeholders due to cheap clothing market. Below listed are the objectives which are the main focus of this research and it depends on the above mentioned aims.  · Understanding the ethical fashion and the importance of biodegradable clothes.  · Production and the process involved in the manufacturing of organic clothing  · Consumer behaviour in fashion and retail industry  · Market of cheaper clothes affecting the growth of organic clothing industry.  · Better marketing strategy for easy penetration of organic clothing in to the fashion industry 2) Research Methodology This following section talks about the method which has been implemented for the purpose of conducting this research. Each methods and its performance will be described and also the reasons for using these methods and techniques. Towards the end of this research paper, restrictive weakness regarding the applied methods and techniques will be explained briefly. There are two methods of research and that is inductive and deductive. In inductive method general principles are building up from detailed observations. The deductive research approach is a method which is expanded on the basis of general principles from the exact expectations of hypothesis. Types of research There are 2 types of data collection method in a market research and that is Qualitative research method and quantitative research method. When the two methods of research unite, the effect of research can be more useful. Qualitative research Qualitative research is used to help us understand how people feel and why they feel as they do. It is concerned with collecting in-depth information asking questions such as why do you say that? Samples tend to be smaller compared with quantitaive projects that include much larger samples. Depth interviews or group discussions are two common methods used for collecting qualitative information. http://www.marketresearchworld.net Qualitative is a kind of scientific research and this investigates the areas which give answers to the question, collect evidences, produce findings etc. it takes researcher to the deeper truth of the topic. It gives a proper understanding of a given research topic from the perspective point of view of the locality which is involved. Qualitative research is an effective method to gain information about the opinion, value and behaviour of the population. Qualitative research provides appropriate answers to the question given by the researcher and also gives so me valuable evidence which may not get from other methods. Quantitative research Quantitative research is a research method that relies less on interviews, observations, small numbers of questionnaires, focus groups, subjective reports and case studies but is much more focused on the collection and analysis of numerical data and statistics.(paranormality.com, 2009) This is a research method which will measure the peoples reaction in a particular way. That means the way they think, feel, act and it provides the information in a statistical and numerical way. The common methods used in quantitative researches are experiments, documentary, survey etc which will give a statistical and numerical data for a final judgement. Qualitative research will gain some information to form theories and those theories can be tested with quantitative research. In this research the author has used both qualitative and quantitative research methods. There are certain reasons why the researcher has used both qualitative and quantitative methods in this research paper. That is given below. The researcher will be conducting interviews with an online retailer of organic products to collect information which will make the topic clearer to the reader. This will be both qualitative and quantitative data collection method. There are questionnaires to customers which are used to collect some data from the customers point of view. This is quantitative in character but when the researcher gives explanation to it, turns to be qualitative and quantitative ending. Research strategy This is an area where the researcher is going to discuss about the research strategy that is used for conducting the research. The information about research strategy in the website www.lib.unca.edu shows that research strategy will give right directions to the work and will make researcher to do the research systematically instead of arbitrarily. It reduces the frustration of the author, saves time and also improves the quality of the research. Here the researcher has taken retail clothing industry and in that, organic clothing market as a focusing area to find out the challenges and business issues which they are facing. The research is not made on a particular organization or a company but the researcher has approached an organic retailer to collect some information and data for an in-depth study of the topic. With all these information, the researcher tried to analyse the competitive states of the clothing industry, the difference between the throwaway clothes and the organic clothes and its benefits, the environmental effects, easy penetration, product developments and innovation, future of organic clothes market, pricing strategies etc. Data collection methods Here the researcher would give a detailed description about the data collection methods which is used in this research. There are two types of data collection methods. They are primary data collection method and secondary data collection method. Primary data collection methods In primary data collection method, data is collected by the author by using certain methods like interviews, surveys, questionnaires, focus group interviews, case studies etc. the very important thing to be noticed in this is, the data which is collected by the author for the purpose research should not be taken from any books or from others works. It should be unique until it publishes. The primary data may be qualitative in its behaviour or can be quantitative. Here the researcher has collected primary data by taking interviews and questionnaires. Introduction What is organics? The organic world is detailed and compound with governments, businesses, organisations and other individuals from many part of the world who attempts to generate an agreement on what has to be organic. For eg. Organic food production, the farming and agriculture is done by using the system that stay away from any kind of artificial interference. These method of organics doesnt harm the environment as well as wildlife by avoiding the use of pesticides and fertilisers and if necessary antibiotics can be used. The whole idea is to work in accord with the nature using the techniques and tools which nature offer instead of dominating and destroying the nature with man-made fertilisers and pesticides. Clothing with scruples-organic clothing. Organic clothing is becoming a trend in high street. The variety of organic clothing is massive and it starts from organic sportswear to night wears. Most of the people go for shopping and buy things which magnetize their eyes without a second thought of who made that and what it is made up of or where are they coming from. But nowadays there are consumers who are conscious about their healthy life style as well as environment. And that is the reason behind the rise of organic cotton and fair trade clothing. People are always fashion conscious and each season leap from one trend to another trend because the retailers in high streets are imitating the newest catwalk looks. But now the high street retailers are into another trend that is organic materials. Though they are trying to make the organic trend popular there are lot of challenges facing by organic world of clothing. This research goes through that challenges and difficulties facing by organic clothing industry and appears with some findings which provides an answer for organic materials are just a pricey opulence for well-off or will it mature into a high street reality? if the retailers can provide the customers with eco friendly and ethically sound apparels and get them into fashion stakes, then organic clothes can become an everyday realism. Production of organic clothes is done by using sustainable resources like hemp, silk, organic cotton, bamboo fabric and linen. The harvesting and the production process should not affect the environment and the surrounding or human being. Organic clothing does not include only food, sandals or t-shirts. It includes a wide range of clothing which we can see in other fabrics. There are reusable nappies for babies. There is a good market for baby products by organic industry. Naturally produced materials are very important for babys health and skin. The fabrics which are chemically treated can irritate the baby skin because they are delicate. For example cotton fabrics, everyone think it is pure, safe and comfortable for people in any climate but it is shocking when we look into the production methods of this fabrics. So by purchasing organic materials we support a secure and eco friendly working practices, protecting the environment from toxic waste, saving the life of living beings an d as well as getting a healthier life style for ourselves. The retailers are investing lot of money for producing ethically sound fashion. Marks Spencer and its suppliers have started developing eco factories to make a way for different process of sustainable manufacturing. They have realised that the customers want clothes which are not only look good or feel good but also should not leave harmful effects in the environment. Literature review Ethical fashion According to ethicalforum.com Ethical fashion represents an approach to the design, sourcing and manufacture of clothing which maximizes benefits to people and communities while minimizing impact on the environment. The meaning of ethical goes beyond doing no harm, representing an approach which strives to take an active role in poverty reduction, sustainable livelihood creation, minimizing and counteracting environmental concerns. It covers a range of issues such as working conditions, exploitation, fair trade, sustainable production, the environment, and animal welfare. (ethicalfashionforum.com, 2009) Ethical fashion is defined as an approach to the manufacture, source of clothing and also designs range which has to be aware of society and environment and also sustainable. Ethical fashion and its products should do the promotion of eco friendly materials and the process of production should not harm the environment. It also has to provide fair wage and fair working atmosphere for the employees in the industry. There are two areas to focus when we talk about ethical fashion, environment and the people or giving preference to organic standard and fair-trade standard. Fair-trade standards are about the employees who make the clothes and who fabricate the raw materials. Worldwide there are more than 30million cotton farmers. Much of the materials are coming from developing countries. This fair-trade ensures that the workers are given a fair pay and also exploit child labour. It also ensures the working condition and the atmosphere. Basically ethical fashion respects the nature and the earth. Cotton cultivation will pollute the atmosphere. Cotton cultivation needs eight times more chemicals than what we use on a normal food crop. This pollutes air, soil and river. It also affects the people who are working in this field. A large percentage of death is happening every year due to pesticides in the cotton field. Many pesticides are used unnecessarily. We can protect the cotton by using soap, garlic, chilli etc. Rest chemicals are used at the time of processing and dyeing the fabric. One company approximation is almost 8000 types of chemicals are used to produce a t-shirt. Ethical fashion is clothing which is made with fair-trade organic cotton where in sweatshop free conditions. This is a growth market and it is slowly finding its way to high streets. Ethical fashion mention the way fashion industry currently works and the problems such as labour exploitation, environmental destruction, cruelty towards animal etc. It is very important for the people to know the need of ethical fashion in todays world. The organic industry has to find a permanent market place in retail industry and fancy people with its quality, benefits, designs, price etc. So ethical fashion has to be encouraged by the government, retailers, suppliers and the consumers, who are the stake holders and this can give a better living condition, health and a good lifestyle. This is a great challenge for the designers to promote ethical fashion by getting the newest trends to the organic fabrics like organic cotton, hemp, bamboo fabrics etc. The way a chair breaks up space or a building cuts into the sky with so many different views is how I feel a garment relates to the body, says Brooklyn designer Nina Valenti, who launched the sustainable line nature vs future in 2002. I design pieces that have a strong line, form and texture. (organicconsumers.org, 2009) The designers are trying to widen the range of designing in organic clothes. For example designs of Nina Valenti, her clothes has gathers, pleats, stiffness, slits etc and she uses the fabrics like organic cotton, hemp, wool and also the fabric made from recycled soda bottle. If the consumers understand the difference between organic and cheap clothes and if they are getting the vast variety of products based on their demand, the eco fashion will be a turning point to the todays fast fashion culture and organic clothing industry will turn to be everyones choice. Branding Famous marketing author Kotler saysA name, term, symbol or design (or combination of them) which is intended to signify the goods or services of one seller or groups of sellers and to differentiate them from those of the competitors. (Groucutt, 2005) Here it gives a proper understanding that branding is not about achieving the target market and be the market leader but it is about receiving the outlook to see the brand as that is the only thing which gives solution to the consumers problems. Branding creates many challenges to the marketers. To get success in branding the brand should have clear prospects about the needs and wants of the consumers. It is important to spend some time for defining, understanding, researching and then building a brand. A brand is a kind of promise which is given to the consumers and it is also a foundation in the marketing communication. Before branding was just identification for the customers to differentiate one product from another. Gradually people became brand conscious and they started rating the products with the brand name. Then marketers started creating effective brands. Now every sector has got brands and people choose the products with the brand names. In the case of organic clothes the re are lot of brands like Eden clothing, Edun, rain tee etc and there are designers as well to encourage eco fashion. But still ethical fashion is not able to compete with the larger brands. The organic brands are targeting niche group of green consumers instead of mainstream brands consumers. There are some ethical fashion brands that are successful in the way they are communicating with the target consumers. Patagonia is one of them who became an international brand. But now the retailers have worked out another way to penetrate organic clothing in to the market. They are promoting eco friendly clothes as a different section of the existing brands. For example Nike, Levis, MS etc, these brands are taking a significant pace to progress the organic industry to the mainstream. These global brands are producing profit of multimillion pounds every year by using sweatshop labour in developing countries. After decades, the brands like Nike, Gap etc have admitted that the employees have b een abused and exploited by force labour in the factories. So they promised that they will improve the working condition for a lot of people who are not paid well to produce their highly demanded goods. There are lot of factors which affect the purchasing habit of the consumers. Though they are concerned about the environment and social problems, there are lot more reasons for the consumers to select a particular brand or the product. As the high streets are welcoming ethical fashions or organic clothing, there are some changes in consumers buying behavior. They are being responsible socially and culturally. The marketers are aware of this situation and even they are making changes to the existing brand to make sure that they are ethical in the way they process. Ethical marketing and advertising Ethical marketing frames messages in a way that the consumer identifies with. It encourages companies to integrate cultural, social, economic and environmental values into their culture, strategy and actions, and reinforces the positive values of the brand, creating a strong citizen brand. This is all done on a voluntary basis, and is generally an offering above and beyond statutory requirements. Through the effective use of ethical marketing and corporate social responsibility, companies are able to positively contribute to society and manage the environmental impact of their organisation, whilst maintaining and even growing the contribution to their bottom line. It can have direct benefits on businesses and can help secure long-term competitiveness. (grassrootsideas.co.uk, 2009) Ethical marketing is defined as applying marketing ethics into the process of marketing. Ethical marketing comes in a socially, culturally responsible and sensitive business area. It is an examination from the moral point of a marketing issue which needs a moral judgment. The survival of human race for long period and the successful future basically depends on accepting these concepts or refuse them. Ethical marketing should also have an observation whether the representation or marketing of a product or service has reached in a framework where social and cultural values meet. It is a business which makes its own way of marketing ethics and uses this code in every portion of business process which gives ability to offer valuable benefits to the customers. The consumers have to realise this competitive advantage. The ethical issues like child labour, the employers working condition, the environmental problems etc made the world think that they are more responsible socially and cultura lly. This pressured the companies and made them market their services and products which is socially moral and responsible. The best example for ethical marketing is the increasing demand of fair-trade. The whole idea of this fair-trade is, consumers pay a certain amount for the goods to a group of producers and the producers offer fair wages to employers and also preserve the environment. This sets up a trade which is ethically sound. The main aim of ethical marketing is to achieve customer loyalty by supporting positive values of a brand to make it a strong citizen brand. Though it is a new method of process which forms new challenges for the marketers, this will pressurize in developing products which gives long term benefits without any reduction of quality of the products. Ethical marketing comes in the picture when the marketers and the organisation realise that more improvements has to be done for making a better human life possibilities. Some companies like Coop Group have decline to invest money in business of fur, tobacco etc. In the case of organic clothing a strong awareness has to be done to improve the sales and the demand. The retailers of organic clothes have to be more concentrated in the way they market they products. In highly developed markets where consumers are often cynical about brands, word of mouth is increasingly the main source of recommendation. And the brands most likely to be recommended are from companies that are ethical in the way they behave. With the explosion of blogs and online social networking, word of mouth has become one of the most potent brand management tools available. There is no longer anywhere to hide-your brand will be found out and rejected unless you commit to ethical business and marketing practices. (The Marketing Society Forum, 2009) As we mentioned above developed markets will have consumers who are more conscious about the brands. Word of mouth has become an effective marketing tool in todays world. This has become powerful with the help of online social networking, creating blogs etc. The brands need recommendation from the companies to be shown that they are ethical in all the ways. Each brand has got its own production ways and marketing. They have to make sure that they are processing their business in a social responsible way. It should be acceptable culturally and socially. For example Gap, the brand which had highest turnover, they got a black mark when the brand name was related to child labour practices in the manufacturing state. This has affected their sales and the retailer Zara had hit the highest turnover label in the following year. Also Gap had to remove those items from the sale which they used child labour. All western clothing chain makes their production process in Asia. They take the advant age of cheap labour providing by Asian countries like India, Bangladesh, Vietnam, China, Indonesia etc. So the way they process should be ethical in all the ways because there are consumers who encourage ethically sound business and its marketing. In this instance each brands can encourage the organic clothing industry by providing organic clothes with their brand name. In UK like places people are very much conscious about the newest fashion as well the brand which they wear. So if every brands make their clothes eco friendly, that means they are being fair towards the human and the society as well. Consumers are acquiring better quality products which dont harm their skin and the environment. Through effective advertisement organic retailers can make everyone aware of the importance of organic clothes in todays era. The government and the marketers have launched campaigns to give awareness about eco fashion and also to undertake environmental impact of fast fashion culture. Organi c consumers association launched global campaign to raise the awareness of negative health and environmental effects of cheaper clothes and its production process. Then we can make ethical fashion an everyday reality. Market leadership Market leadership is usually understood in terms of the position of a given company within an industry or market, based on three factors. When determining whether a corporation can properly be referred to as a market leader, the profitability of the company will play a major role. Along with how profitable the company happens to be, the market share volume and value will also be considered. (wisegeek.com, 2009) In the above sentence it is explained that an industry, market or an organizations position in the market is depends on three points. That is profitability, market share, market volume. But now the market is more competitive and the competitors are also high in number. So there are some more points which have to be added to get a market leadership like innovations and developments, advertising, branding, quality, price etc. Fashion is a very copycat industry, says Scott Hahn, who launched Loomstate, an American organic cotton denim line, to the likes of Harrods and Selfridges last year. There are a few pioneers and other brands follow. For some its because they think organic cotton is trendy now that its escaped its tree-hugger image. But more I think are now doing so for the right reasons. (organicconsumers.org, 2009) In the case of organic industry, the organic clothes have penetrated to the market. To increase their market volume, share and profitability and be a market leader they need to do innovations, product development, pricing and advertising. Advertising and promoting the product is a very important and effective marketing tool to get the consumers attention. There are some consumers who are concerned about the environment as well as they has realized the benefits of using organic clothing. It is not only an understanding about the benefits of organic clothing but they also have to know the harmful effects of cheaper clothes to the environment and to the health of human beings. The BBC has released news about the environmental problems and UK landfill due to the growing sales of cheaper throwaway clothes. According to the survey done by the Department of Environment, Food and Rural Affairs (DEFRA) says the clothing and textiles sector in the UK produces around 3.1m tonnes of carbon dioxi de, 2m tonnes of waste and 70m tonnes of waste water per year. Gases such as CO2, emitted by fossil fuel burning, and methane, released from landfill sites, are widely believed to be contributing to global warming. (bbc.co.uk, 2009) UK ministers told that the consumers should make sure that the production, selling and disposal of clothes are not harming the environment as well as not exploiting the workers by the use of poor labour practices. The fashion has to be more sustainable throughout the whole process which includes design, production, selling and disposing. The whole idea is to get the attention of consumers to make them understand the negative impact of cheap throwaway clothes which is highly in demand in the high streets of UK but this is making a way to increase the landfill in UK. The campaigns launched by the government and clothing associations were useful to make consumers aware about why to use organic clothes. Through these campaigns the retailers of organic clothing and the government is aiming to build a highly demand market for eco-fashion. To enter in a vast market like fashion or clothing industry, need to plan highly competitive business strategies. Marketing and advertising alone will no t make the organic clothes sustain in the market and capturing the market to be a market leader. From the perspective view of new entrance like organic clothes, entering a drenched market with limited designs wouldnt make a difference in the market and wont get an entrance easily. The entrance of Body Shop to the market is the best example here. Anita Roddick has entered in the cosmetic market where lots of high end brands are competing each other. But her innovative idea of handmade and natural cosmetic products attracted the customers and gave body shop a permanent position in the market. According to a study done by OCA (Organic Consumers Association) sales of organic cotton is doubling every year. Sales of organic cotton are set to triple to $2.6 billion at the end of 2008 from its current $900 million level as retailers and brands make significant new commitments to sustainable textile and apparel production. (organicconsumers.org, 2009) There is lot of brands like Nike, Timberland, MarksSpencer, Wal-mart etc have already opened organic lines they were joined by Reebok, CA etc as new comers. The market of organic cotton is widening every year and it also attracts the global investors. In this situation the only issue which is worrying is the availability of fiber to satisfy the increasing demand for cotton and other organic fabrics. It is a known factor from these reports that organic industry is going to be a good competitor in the fashion and retail world in the coming years. Consumer behaviour Blackwell et al said, Consumer behaviour is defined as activities people undertake when btaining, consuming and disposing of products and services.(Blackwell et al, 2001). Consumer behaviour is a study of buying behaviour of the customers in the market that means what consumers are buying, why they are buying. Better understanding of the consumer behaviour will help organisations to improve the products and services and also their business, marketing strategies. This will influence consumers to buy that particular product. In the case of organic clothing, they attract the consumers by quality and the elegant designs of the products. The consumers are aware that organic products are good for health and skin. So they started getting attracted to the food products firstly and then to baby products. Much of the consumers are worried about the delicate skin of the babies, so they go organic especially nappies which can be recycled. Here comes the importance of the study of consumer behaviour. One official definition of consumer behavior is The study of individuals, groups, or organizations and the processes they use to select, secure, use, and dispose of products, services, experiences, or ideas to satisfy needs and the impacts that these processes have on the consumer and society. (consumerpsychologist.com, 2009) Understanding consumer behaviour will help to develop the marketing strategies like pricing, segmentation, targeting, product designing, positioni