Pill Bug Lab Essay Example

Pill Bug Lab Paper ABSTRACT Pill bugs live in an outside environment where they are able to get the necessary amount of energy from organic matter. This environment is where water and organic matter is plentiful. In there natural habitat, pill bugs are found in dark, damp places. Living in moist places is important for pill bugs so they can take in enough water, and if water is not available, they group together to prevent water loss. Pill bugs most often live in dark places because they have a negative photo taxis. Darker places also tend to be cooler and damper. Each experiment connected to how the pill bugs would behave in a certain environment. We will write a custom essay sample on Pill Bug Lab specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Pill Bug Lab specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Pill Bug Lab specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We were able to test these experiments in a laboratory way to see if the natural environments were also true. If pill bugs are given a light and dark environment, then they will prefer the dark environment. If pill bugs were put in a warm or cold environment, they will prefer the cooler temperature. If pill bugs were in a dry or moist are, they would flock to the moist are. In the last experiment we tested to see if they preferred shelter or unsheltered environments, for which they choose unsheltered. After doing all four experiments, it was clear that pill bugs have a concise behavioral pattern in each environment. This lab’s purpose is to help differentiate kinesis and taxis movements. These movements are seen throughout all animals and they help us learn how animals react to a stimulus. In order to see how animals react to certain environments, we set up four tests and used pillbugs as our specimen. Through these four experiments, we were able to conclude that the pillbugs liked dark, damp, sheltered and hot spaces as oppose to light, dry, open and cold areas. This was concluded because, as shown in Tables/Figures 1, 2, 3, 4; the bugs seemed to congregate in the dark, damp, sheltered and hot chambers mostly. However, for a few minutes in each of the experiment, the bugs did not respond in the way we had hypothesized. This could be due to the fact that these animals have been used for prior experiments for weeks and weeks. These animals are obviously aggravated from these experiences; therefore they might not have wanted to go through it all again and did not want to cooperate with us as a whole. My hypothesis is that these animals will prefer the cold, sheltered, dark and damp habitats as opposed to hot, open, light and dry environments. INTRODUCTION There are many different ways to classify animal behavior and behavioral types. Behavior in terms of an animal’s response is a result of sensory input and falls within the categories of innate (inherited) and learned behaviors. When an animal is in a favorable environment it is called orientation behavior (Laboratory Manual 137). When an animal moves either toward or away from heat, light, or moisture, it’s called taxis. When an animal’s movement is completely random, it is called kinesis. The way an organism moves can be either taxis or kinesis. Another kind of behavior is how organisms behave when mating. Part of the mating ritual involves agnostic behavior where animals respond to each other with aggressive or submissive behaviors. Behavior with other organisms includes appearances, movements, and interactions with each other. Terrestrial isopods are land dwelling crustaceans, commonly known as sowbugs or pill bugs (or roly-pollies). While they look similar, sow bugs are different from pill bugs. An Animal’s behavior is often erratic and hard to study. However, in a controlled environment, it is easily done. We used Pillbugs in this lab, and placed them in various conditions. We tested to see if they would prefer a damp over dry environment, a hot over cold, a dark versus light and an open environment over a sheltered one. A natural defense mechanism for the Pillbugs is to curl themselves up into a tight ball and basically, play dead. When set in various conditions they can perform orientation behaviors. These behaviors include taxis and kinesis. Taxis occur when the animal moves towards or away from a certain stimulus. Kinesis occurs when the animal moves in a random motion in response to the stimulus. Throughout this lab, we put the pillbugs through four different tests. These experiments are to test to see if these animals will prefer a certain habitat rather than another and how they show this is through either kinesis movement or taxis movement. MATERIALS AND METHODS In all labs, a lab book and a pen or pencil are essential to record the number of pillbugs. The times come up fast so you have to make sure you are watching the clock or stop watch. Obviously, do not poke the pillbugs or try and force them into a certain chamber aggressively, this will aggravate them and cause unreliable results. When you are trying to get your pillbugs, use a paintbrush to sweep them onto your brush and then carefully lace them into the choice chamber dish that is provided for you. Make sure to get 10 pillbugs so you can have five in each chamber. If they look dead, they are most likely just curled up. During the various tests, make sure to take notes on the appearance, the types of movements (kinesis or taxis) and the interactions between the animals. The first experiment is to find out if the pillbugs prefer dark or light environments. The choice chambers have a little passageway between the chambers. Make sure to gently place five pillbugs on each side and then block off that doorway with a cardboard barrier of some sorts. Pick one of the chambers and then cover that chamber with something that will make the chamber be a dark environment. Leave the other chamber completely untouched, this will be the control group for the experiment. Obtain a stop watch and remove the barrier. Then record the amount of pillbugs on the light and dark chambers after every 30 seconds. We recorded our results every 30 seconds for 10 minutes. After the 10 minutes are over, take the cover off the dark chamber and make sure you have all 10 pillbugs still and then place the clear chamber covers to ensure that the bugs won’t escape whilst you get the second experiment ready. Remember to document in your lab book which is the independent and dependent variable for each of your experiments, this will make it easier to graph them later on. The next test is to see if the animals find a damp environment more appealing than a dry one. This is done by damping a white circular disk of paper with water and placing it in one of the chambers. When doing this, make sure that all 10 pillbugs are on one side so you will not be placing the damp paper on top of a pillbug. Just like the previous experiment, place five pillbugs on each side of the chamber and block the doorway. When the timer is ready, open up the entry way and time for 10 minutes, recording the number of pillbugs on each side every 30 seconds. When the 10 minutes has elapsed, carefully rally the pillbugs to the dry chamber and remove the damp paper and cover the chambers with the clear cover again. For the third experiment we tested if the pillbugs would prefer a sheltered environment as oppose to an open one. This is done by placing a cardboard shelter in one of the chambers. The shelter should fit in the chamber and should not cover the whole chamber (if it did, then the experiment would be like the first test conducted). This time, when recording the number of bugs, you will have to count the number of bugs out in the open (even if they are in the chamber with the shelter, if they are not under the shelter than they are in the open). Again, you will keep time for 10 minutes, recording your data every 30 seconds. After the 10 minutes is up, remove the shelter and make sure that all 10 pillbugs are still in the chambers. The final experiment is testing the temperature preference of the pillbugs. First, obtain two Petri dishes; fill up one of the Petri dishes with ice from the freezer and the other with hot water from the hot water bath. Then place the chambers on top of the Petri dishes, making sure that the hot water was underneath one chamber and the ice was underneath the other. Remove the barrier between the chambers and record your results every 30 seconds for 10 minutes. After the ten minutes are over, throw out the hot water and ice and place your Petri dishes back. Return the 10 pillbugs to their makeshift habitats carefully and then clean up your area and materials. RESULTS For the first experiment, we tested to see if the Pillbugs preferred darker condition to lighter ones. The animals would swarm to each other initially, but after a few seconds they began to spread out. As seen in Table 1 and Figure 1, the animals preferred the dark side. When a Pillbug would come out from the dark chamber, it quickly went back, usually taking another Pillbug with it. There were a few who hung out in the doorway between the two chambers; we counted that as being on the dark side because it was slightly covered. The second experiment was to test the Pillbug’s response to damp versus dry conditions. After setting up the test we learned that most of the Pillbugs enjoyed being on the damper chamber as oppose to the dry chamber. As you can see by the observations on Table 2 and Figure 2, one particular Pillbug enjoyed the damp area so much that it sprinted to that side and ran in circles. The next experiment we did was to test the pillbug’s response to a shelter. The shelter is different than the dark and light test because only a part of the chamber is covered, not the whole thing. As seen by Table 3 and Figure 3, the Pillbugs liked the shelter more so than being out in the open. For the majority of the time, the number of Pillbugs was even on each side but there were more bugs underneath the shelter than out in the open. DISCUSSION When the group was gathering our Pillbugs from their makeshift habitat, I noticed that the majority of them were attached to the underneath of a piece of paper towel. I speculated that they preferred darker scenarios and my results seemed to support this speculation. From this information I also suspected that the animals would prefer the shelter rather than an open area. Especially since they had a defense mechanism of curling into a ball, I figured that the Pillbugs did not like to be open and vulnerable to predators. Also, they are usually found in dirt environments, which means that they would prefer moist areas as oppose to dry ones. Some of the experiments were inconsistent with the movement of the Pillbugs. In the beginning of each experiment, the pillbugs seemed to show taxis movement, as in they were moving away from the stimulus that displeased them and moved towards the one that they preferred. However, as the test went on, especially in the fourth test (as seen in Table 4 and Figure 4), the pillbugs performed movements closer to the kinesis definition. This was totally unexpected, especially since the bugs were supporting out hypothesis in the beginning. This change in attitude could be because of numerous things. The experiment was not conducted properly, the hot water was not hot enough, the cover did not cover the whole chamber, or these pillbugs have been poked and prodded for a long time now. Therefore, they might have been exhausted and fed up and did not want to cooperate with us. LITERATURE CITED Wagner, David, Theodore Taigen, Thomas Terry, and Karen Lombard. Biology 102: Foundations of Biology. Fall 2006 Stamford Edition. 129-137. Unknown: University of Connecticut, 2007.

Finding a Job for English Learners

Finding a Job for English Learners Understanding your potential employer can help you get the job you are looking for. This section focuses on developing interviewing skills that will help you prepare for a job interview in an English speaking country. The Personnel Department The personnel department is responsible for hiring the best possible candidate for an open position. Often hundreds of applicants apply for an open position. In order to save time, the personnel department often uses a number of methods to select applicants who they would like to interview. Your cover letter and resume must be perfect in order to ensure that you will not be looked over because of a minor mistake. This unit focuses on the various documents required for a successful job application, as well as interviewing techniques and appropriate vocabulary to use in your resume, cover letter and during the job interview itself. Finding a Job There are many ways to find a job. One of the most common is looking through the positions offered a section of your local newspaper. Here is an example of a typical job posting: Job Opening Due to the enormous success of Jeans and Co., we have a number of job openings for shop assistants and local management positions. Shop Assistant:  Successful candidates will have a high school degree with at least 3 years working experience and two current references. Desired qualifications include basic computer skills. Key responsibilities will include operating cash registers and providing customers with any help they may need. Management Positions:  Successful candidates will have a college degree in business administration and management experience. Desired qualifications include management experience in retail and thorough knowledge of Microsofts Office Suite. Responsibilities will include management of local branches with up to 10 employees. Willingness to move frequently also a plus. If you wish to apply for one of the above vacancies, please send a resume and cover letter to our personnel manager at: Jeans and Co.254 Main StreetSeattle, WA 98502 The Cover Letter The cover letter introduces your resume or CV when applying for a job interview. There a few important things that need to be included in the cover letter. Most importantly, the cover letter should point out why you are particularly suited to the position. The best way to do this is to take the job posting and point out the highlights in your resume that exactly match the desired qualifications. Here is an outline to writing a successful cover letter. To the right of the letter, look for important notes concerning the layout of the letter signaled by a number in parenthesis (). Peter Townsled35 Green Road (1)Spokane, WA 87954April 19, 200_ Mr. Frank Peterson, Personnel Manager (2)Jeans and Co.254 Main StreetSeattle, WA 98502 Dear Mr. Trimm: (3) (4) I am writing to you in response to your advertisement for a local branch manager, which appeared in the Seattle Times on Sunday, June 15. As you can see from my enclosed resume, my experience and qualifications match this positions requirements. (5) My current position managing the local branch of national shoe retailers has provided the opportunity to work in a high-pressure, team environment, where it is essential to be able to work closely with my colleagues in order to meet sales deadlines. In addition to my responsibilities as manager, I also developed time management tools for staff using Access and Excel from Microsofts Office Suite. (6) Thank you for your time and consideration. I look forward to the opportunity to personally discuss why I am particularly suited to this position. Please telephone me at after 4.00 p.m. to suggest a time that we may meet. I can also be reached by email at petertnet.com Sincerely, Peter Townsled Peter Townsled (7) Enclosure Notes Begin your cover letter by placing your address first, followed by the address of the company you are writing to.Use complete title and address; dont abbreviate.  Always make an effort to write directly to the person in charge of hiring.Opening paragraph - Use this paragraph to specify which job you are applying for, or if you are writing to inquire whether a job position is open, question the availability of an opening.Middle paragraph(s) - This section should be used to highlight your work experience which most closely matches the desired job requirements presented in the job opening advertisement. Do not simply restate what is contained in your resume. Notice how the example makes a special effort to show why the writer is especially suited to the job position opening posted above.Closing paragraph - Use the closing paragraph to ensure action on the part of the reader. One possibility is to ask for an interview appointment time. Make it easy for the personnel department to conta ct you by providing your telephone number and email address. Always sign letters. enclosure indicates that you are enclosing your resume. Finding a Job For ESL Learners Finding a Job - Writing a Cover LetterWriting Your ResumeThe Interview: BasicsExample Interview QuestionsListen to a Typical Job InterviewUseful Job Interview Vocabulary

Sociology Theories of Deviance and Deviant Behavior

Sociology Theories of Deviance and Deviant Behavior Deviant behavior is any behavior that is contrary to the dominant norms of society. There are many different theories that explain  how behavior comes to be classified as deviant and why people engage in it, including biological explanations, psychological explanations, and sociological explanations. Here, we review four of the major sociological explanations for deviant behavior. Structural Strain Theory American sociologist  Robert K. Merton developed structural strain theory as an extension of the functionalist perspective on deviance. This theory traces the origins of deviance to the tensions caused by the gap between cultural goals and the means people have available to achieve those goals. According to this theory, societies are composed of both culture and social structure. Culture establishes goals for people in society while social structure provides (or fails to provide) the means for people to achieve those goals. In a well-integrated society, people use accepted and appropriate means to achieve the goals that society establishes. In this case, the goals and the means of the society are in balance. It is when the goals and means are not in balance with each other that deviance is likely to occur. This imbalance between cultural goals and structurally available means can actually encourage deviance. Labeling Theory Labeling theory is one of the most important approaches to understanding deviant and criminal behavior within sociology. It begins with the assumption that no act is intrinsically criminal. Instead, definitions of criminality are established by those in power through the formulation of laws and the interpretation of those laws by police, courts, and correctional institutions. Deviance is therefore not a set of characteristics of individuals or groups, but rather a process of interaction between deviants and non-deviants and the context in which criminality is defined. Those who represent forces of law and order and those who enforce the boundaries of proper behavior, such as the police, court officials, experts, and school authorities, provide the main source of labeling. By applying labels to people, and in the process creating categories of deviance, these people reinforce the power structure and hierarchies of society. Typically it is those who hold more power over others, on the basis of race, class, gender, or overall social status, who impose rules and labels on others in society. Social Control Theory Social control theory, developed by Travis Hirschi, is a type of functionalist theory that suggests deviance occurs when a person’s or group’s attachment to social bonds is weakened. According to this view, people care about what others think of them and conform to social expectations because of their attachments to others and what others expect of them. Socialization is important in producing conformity to social rules, and it is when this conformity is broken that deviance occurs. Social control theory focuses on how deviants are attached, or not, to common value systems and what situations break people’s commitment to these values. This theory also suggests that most people probably feel some impulse toward deviant behavior at some time, but their attachment to social norms prevents them from actually participating in deviant behavior.​ Theory of Differential Association The theory of differential association is a learning theory that focuses on the processes by which individuals come to commit deviant or criminal acts. According to the theory, created by Edwin H. Sutherland, criminal behavior is learned through interactions with other people. Through this interaction and communication, people learn the values, attitudes, techniques, and motives for criminal behavior. Differential association theory emphasizes the interaction people have with their peers and others in their environment. Those who associate with delinquents, deviants, or criminals learn to value deviance. The greater the frequency, duration, and intensity of their immersion in deviant environments, the more likely it is that they will become deviant. Updated  by Nicki Lisa Cole, Ph.D.

International Marketing Essay Example | Topics and Well Written Essays - 3500 words

International Marketing - Essay Example Unilever is a leading organization which has some 400 consumer product brands under its sleeves. The product brands include food, beverages, cleaning agents and personal care products. The company touches the lives of its consumers in a number of different ways. Unilever has a range of products starting from global brands like Lipton, Dove, Omo, Knorr to some trustworthy local brands like Suave and Blue Band. The organization employs around 163,000 people in 100 countries across the globe. With a turnover of â‚ ¬ 39.8 billion, Unilever products are sold in more than 170 countries with its 264 manufacturing sites spread worldwide (Hoovers, 2010). According the company site, it helps â€Å"people feel good, look good and get more out of life, meeting their everyday needs for nutrition, hygiene and personal care with brands and services that are good for them and good for others† (Unilever, 2010). Nestle Nestle is a leading global name in the food and beverage divisions. The company offers product ranges starting from instant infant food, coffee and chocolate to bottled water and promotes the same in more than 130 countries across the globe. Nestle is one of the leading companies in the total sales amount. In Coffee, the company has some top-notch brand names. The company has left its mark with leading brands like Maggi, Nestea, Nescafe, Friskies and Nestle. The company is among the leading packaged water producers and is a significant player in the pet food industry. Apart from all these, the organization holds significant amount of shares in Alcon Inc and cosmetic giant L’Oreal. Starting its journey back in the year 1866, the company is continually stepping forward to achieve a sustainable growth in the coming future (Nestle, nod.). Competitive Advantage Unilever On any given day, around two billion people use the products of Unilever. From feeding the family to keeping the household clean and fresh, the products have become significant parts of daily life. Research and Development can be seemed to be the gateway to constantly enhancement of the brands to deliver more intense and rewarding product experiences. Consumer research has played a significant role in the success story of this organization. Unilever makes continual efforts to introduce new and enhanced products to meet the changing requirements of its large consumer base. The company invests around â‚ ¬ 1 billion annually to meet the cutting edge research and development requirements. The company has five research

Linking pay to employee performance ( related pay performance ) Assignment

Linking pay to employee performance ( related pay performance ) - Assignment Example For the government, pay levels have an impact on macro-economic factors, such as employment, inflation, purchasing power and socio-economic development.   Even though basic pay makes up a significant portion of the total compensation, the employer is also affected by the benefits offered to the employees, such as fringe benefits, cash and non- cash benefits. In the majority of developed countries and countries with high personal tax rates, the benefits component of executive compensation has been consistently increasing over the past few years (Silva, 1998).   Performance related pay (PRP) â€Å"links reward or salary progression to some form of performance rating. This could be part of a performance management or appraisal system, or it could be based on a separate appraisal of performance exclusively for pay purposes.† (Armstrong, 2001). PRP has assumed growing significance in the present times with more and more organisations adopting measures to motivate their workforce. The objective is to drive performance levels by linking employee rewards with organisational goals and objectives (CIPD, 2011).   Pay can have one or more objectives that can be categorised under four heads. The first objective is equity. This can be achieved through various means, such as adjusting income distribution in such a way to reduce the disparity in income levels; bringing the pay levels of the lowest paid employees on par with the rest of the organisation; safeguarding real wages, and ensuring uniform pay for work of equal value. Even differences in pay is made on the basis of skills or performance levels, it is connected to equity (Silva, 1998). The second objective of efficiency has a relationship with the first objective of equity. Efficiency objective comes into play when a part of the pay is linked to employee performance and contribution to the organisation. Macro-economic stability is the third

The Global Business Strategy Of Bmw Group Marketing Essay

The Global Business Strategy Of Bmw Group Marketing Essay The motor industry always is the most famous industry in the worldwide, because the development of global economy increasingly lead to human cannot live without cars. As a result, the demand of the market brings more intense competition in the industry. Meanwhile, the Bayerische Motoren Werke Aktiengesellschaft (BMW AG) is a renowned motorcar and motorcycle company in the world. The major products positioning of BMW is premium segments of cars in the global motor market. Its main competitor is Daimler Motor Company with the famous brand called Mercedes-Benz which also concentrates on the same market segment. The overview of BMW Group The origin of BMW Group Bayerische Motoren Werke Aktiengesellschaft (BMW) is a German motorcar, motorcycle and engine manufacturer which was founded in 1917 by the first chairman Franz Josef Popp. It is headquartered in Munich, Germany. BMWs history can trace its roots back to 1916. Gustav Otto established the Bayerische Flugzeug-Werke AG (BFW) which was the Predecessor of BMW in 1916. In 1917, BFW renamed to BMW and also converted into a public limited company (AG) in next year 1918. During the First World War, as a quartermaster supply manufacturer, BMW established a large factory, which near the military airport in the outskirts of Munich. It continued to manufacture military aircraft engines for the military until 1918. In 1922, BMW merged BFW and became the BMW AG which we are familiar with today. However, when people trace the history of the company, the companys official statement is based on the founding data of BFW factory 7, March, 1916, as the birthday of BMW. In the start-up phase, BMW has focused on the development and production of aircraft engines. BMWs blue and white flag is a symbol of the rotation of the propeller, the portrayal of this is the companys early history. In 1923, the advent of the first BMW motorcycle has been produced by the company. Five years later, in 1928, BMW acquired the Eisenach car factory began producing cars. After integration of resources, BMW AG launched the first car which named Dixi 3/15. At the same time, BMW started its own legendary in the automotive industry and created several masterpieces in the history of its car manufacturers which appeared to the market. These products continue to inspire strong feelings and peoples desire to create an excellence reputation of BMW AG as a car manufacturer. From 1916 to 2013 by the first day of an aircraft engine manufacturer developed into a company of premium motorcar and motorcycle-oriented, that BMW was ranked the top twenty motor company of the world. Its pro cess of development is similar to Japanese Daihatsu Motor Company. The current status of the BMW Group Nowadays, BMW Group not only produce its own brand BMWs motor car, but also owns and produces the brand of MINI and owns a subsidiary which named Rolls-Royce Motor Cars. In the aspect of motorcycle production, there is a motorcycle brand is now known as BMW Motorrad which continue to produce the High performance motorcycle for BMW group. What is more, it also provides financial services, include the relationship of customer and supply chain management. BMW has always been based on a premium brand which is the foundation of business success. There are three brands in BMW Group including BMW, MINI and Rolls-Royce. These brands aim at the premium market in each segment from small cars to top luxury sedans. BMW Group has become the only manufacturer which focuses on high-end cars and motorcycles in the world. In present, BMW Group which has 24 production facilities and assembly plants in 14 countries and its business network across 120 countries around the world. Meanwhile, there are 12 Research and Development (RD) plants in 5 countries around the world by BMW. On the one hand, there are several series under the brand of BMW, such as 1, 3, 5, 7, Z and M series. It also has productions of MINI and Rolls-Royce. On the other hand, there are having C, F and R Series under the BMW Motorrad in terms of motorcycle production. Currently, BMW AG continues to thrive, but not without setbacks. BMW AG has always been known for its emphasis on technological innovation and continues to set new standards for high-performance luxury car. At the same time, BMW Group company attaches great importance to the safety and environmental issues. The company has earned a reputation for its performance of active safety and passive safety; include Fully Integrated Road Safety Technology (F.I.R.S.T.). The global business strategy of BMW Group Mercedes-Benzs success factors are based on its history and accumulation of experience. Audis success is because the classic brand revival. Compare  with  other  brands, the brand strategy is the key point to the success of BMW. BMW gives a special significance for its own brand through the implementation of brand strategy. Unlike Mercedes-Benz has a long history, BMW been originally a manufacture aircraft engine for the German air force. In the 1960s, it was the smallest car company in Germany. BMW rose in the world since the 1980s. But at that time, Mercedes-Benz as the market leader of the traditional premium luxury motorcar stick to the luxury car market in the world with the accumulation of traditional brand image and market advantages, which pose some significant obstacles to the market penetration of BMW luxury car series. Deeply influenced by the high technology of German, the manufactured technology of BMW can also compete with Mercedes-Benz. But, more efforts need to be spared to its value and brands compared with Benz. There are some negative effects to BMWs brand. At that time, forming a good brand image is a big challenge for BMW. The global marketing strategies of BMW Group The BMW Group is committed to produce the outstanding and distinctive products. It also tries to gain the maximum market share in the luxury car market around the world. Through unremitting efforts for years, BMW Group has created an excellent international brand image in the world. However, the creation of a well-known brand image of the world does not mean that it can be marketed in some particular market successfully. In order to satisfy the different requirements of the different local markets, BMW Group decided to adopt a centralized and unified brand strategy which be carried out by different country. It is the marketing strategy system which called global branding and localised marketing. The following are the different marketing strategies taken by BMW Group in three major markets, including European, American and Asian markets. Localised marketing in the European market BMW AG is an export-oriented motor company in German. There are 70% of its production is exported. The orders of exports mainly concentrated in the highly industrialized countries, such as the European Union countries, Japan and the United States. 1st January, 1993 is the date which marked the formation of European market integration. After that, most of car manufacturers have adjusted their sales network of the European Economic Community (EEC) market. On the surface, the description of the companys customer structure information seems to indicate that the companys target groups are similar. Those customers who choose BMW are basically with higher education. They are either in high positions or free professional. Both of them are the high-income people. However, these things are not as simple as this situation. Although the existing target markets of BMW Group concentrated in the industrialized countries, there also are a number of European countries with relatively developed agriculture industry in its target market. In these countries, peoples lifestyles are different with the disparity of living standards. In terms of gross domestic product (GDP) per capita, the difference between the rich and poor regions is more than five times. Thus, there is no same preferences and purchasing power of consumers in Europe. The Management Act of EEC integration came into effect on 1st January, 1993, but the personality characteristics of the p eople will not be erased, it also will not let the different nationalities eliminate the difference in spirit. In view of this, BMW Group should implement the marketing strategy which can be adapted to the local market. The demand of European customers The first step in the formation of the marketing strategy is Conducting market research. Market research task is to determine the ideal positioning of BMW in Europe. The ultimate aim of the in-depth study of the differences between the different countries is to identify the language issues and acceptable brand features from these countries by organizing a series of group discussions. Finally, BMW Group found out that some important situation would not be understood without these problems happened. For instance, some purchasers who are from Dutch and Italy expect cars have its own special factors, but they hold totally different opinions about those factors. There are several requirements all over the Europe when customers consider to purchase a car, such as reliability, safety, quality and advanced technology. BMW Group refer to these requirements as the basic requirements of company. On the one hand, in the initial stages of the purchase decision, those motorcar products that be deemed to inconformity with above requirements will be eliminated from the list of purchasers option. On the other hand, it is considered to be an excellent car if comply with above requirements in all European countries. After the above-mentioned basic research, the next step is to choose the type of car for the special requirements of the country, also the countrys climatic conditions should be considered together. In the Netherlands, the attractiveness of the car depends on the quality of its internal, such as excellent internal configuration. In contrast, due to the concept of Austrian Drivers are stronger than any other country, Austrians prefer to drive a car which can show their self-confidence. In Italy, people hope that the vehicles are able to comply with the personal style of the driver. Italian have high requirements for their cars which including its design, aesthetics standard and the engine performance. Therefore it can shows that the Italians car pursuit are totally different from other countries. In view of the basic requirements is coincident when people purchasing a car in all European countries. Take some European countries for example, if a car be approved is excellent by French, it also have same opinion from Austrian and Dutch. Obviously, there is just a little difference that is the specific expectations of the car due to the different point of view from different countries. Therefore, BMW Group believe that it is a problem of communication ultimately if the motor products to be successfully marketed in many European countries. BMW Group deeply know that it need to pay more attention to the customers rather than the vehicles. Even though these customers might have some common view of the motorcar in terms of the same nation. But for individually, every customer wants to show their personal style is totally different. It is in this sense, these people are constituted the target audiences in the market segment of BMW who are from different countries and hold the similar requirements. The scale and characteristics of the various types of customers have been mastered by BMW Group. Also, on the core target market of the BMWs brand which can be determined according to the blueprint of enterprise strategy. BMW Group are most interested in different types of its products could be sold in some particular countries. On the one hand, there are some types of motorcar and motorcycle enthusiasts has a large proportion in each country, such as it has a large proportion of the sporty performance car drivers and normal car lovers in Italy, France, the Netherlands and Austria. Thus, the strategy of global branding have the direct attractiveness for above two types of enthusiasts. On the other hand, according to the composition of different motorists from different countries. There are many motorists who come from different countries support a certain conception in the different thought. Such as there about seventy percent of traditional drivers in France currently, but only ten percent in Italy in this situation. Obviously, the important thing is the marketing strategy which called localised marketing. The research by BMW Group found out that the drivers of BMWs products are always have several same requirements, including the superior design, excellent driving performance, modern technology and unique personality. These BMWs drivers from different countries have views in common that is the original idea for BMW Groups global strategy. Application of the results of market research in Europe The result of market research provide a strong basis for the marketing strategy which called global branding and localised marketing. In addition, BMW Group Company could find the best strategic direction through the organic combination of positioning criteria. The positioning principles and the research result are essential when BMW use a modern way to rebuild its international positioning. The previous method was unilateral consider the characteristics of technical capability and the advancement. The new method is extend to embrace some personal characteristics such as emotional factors, aesthetic value, sophisticated ideas and distinctive personality. It is broke through the emphasis on technology and sporty style, as the BMW traditional image. Thereby it is greatly increasing the pathway of expansion its brand. The formation and implementation of BMWs new brand strategy is built on the basis of the scientific market research. The results of market research provide a solid foundation for the relationships between the brand and products, brand and communication as well as products and environment. Meanwhile, it also solve the marketing problems between the BMW Groups headquarter and local branch companies. Thus, the strategy of global branding and localised marketing as a best method which can improve the strategic position of the brand and strengthen the companys competitiveness greatly. In addition to the European market, BMW Group has achieved considerable success in which this method is used in North American market and Japanese market. To gain the US market by innovation advertising The progress of BMW Group was not smooth when it enter the American market. Early as 1974 years ago, the first BMW branch company has been established in the United States. But its popularity has been low, even many local consumers mistakenly believe that BMW is the product of the United Kingdom at that moment. However, during 1974 to 1978, BMW cars has become the famous brand cars which could represent the customers identity and social status through its smart advertising campaign in United States. In the late 1980s, United States appeared a new marketing environment of low-price revolution, at the same time the Japanese premium motorcar brand was began to seize the American market share with BMW. BMW maintained and enhanced its brand position through its advertising strategy. Therefore, the advertising of BMW is smart method in the marketing warfare of expansion international emerging market. Advertising positioning: from comfortable to driving In 1974, in order to expand the potential market of BMW cars in the United States, BMW Company has invested heavily in United States to establish their own sales channels, and carried out a large number of advertising campaigns simultaneously. In the same year, Ammirati Puris Lintas advertising company won the contracts worth of nine hundred thousand States dollars when it participated in the BMW advertising bidding. At that time, there are a large number of competitors in the North American motor market, such as Cadillac b brand car with the sales of over one millions, 90000 vehicles sales of the Lincoln Motor Company as well as Mercedes-Benz with sales of 40000 vehicles. If BMW want to be successful in the North American market, it must seize the market share from these competitors. In order to test the brand image of BMW in the minds of consumers, Ammirati Puris Lintas advertising company conducted a survey in the western United States. It is a picture shows that a BMW car was parked with a Cadillac car and a Lincoln car together by Ammirati Puris Lintas to test the people reaction in the survey. The survey results shows that almost all of them had no favourable impression for the brand of BMW because their own car have some advanced equipment which does not provide in BMWs cars, such as power windows, leather seat and chrome-plated body. Due to BMW did not have a successful strategy of brand promotion, the excellent driving performance and elaborate interior design of BMW didnt attract the attention of people. Faced with above situation, the Ammirati Puris Lintas is decided that positioned the target market for the post-war new young generation. Compared with those old people who got used to buy Cadillac, the new generation desire a new brand to show their values. The values are including their personality, pursuits and preferences. BMWs excellent driving performance and elaborate interior design coincided with the consumer psychology of the post-war new generation, who have the enthusiasm and pursuit of stimulate. Therefore, BMW competed with other motorcar companies through taken the advantages of its driving performance rather than simply in the power windows, leather seats and chrome car body in the new market. Tagline The Ultimate Driving Machine. In 1970s, BMW of North America start used the tagline The Ultimate Driving Machine which created by Ammirati Puris Lintas advertising agency company. This tagline shows that being a real premium car must have excellent driving performance and also emphasizes the unique selling point of BMW. The advertising theme and positioning achieved great success because the tagline highlights the differences and advantages of the BMW and attracted the new generation with the extremely vitality. à ©Ã‚ ¦Ã¢â€ž ¢Ãƒ ¦Ã‚ ¸Ã‚ ¯Ãƒ ¦Ã¢â‚¬ ¢Ã‚ °Ãƒ ¦Ã‚ Ã‚ ®: http://www.bmwhk.com/com/en/news/news-201201-02.html Swot: http://www.wikiwealth.com/swot-analysis:bmw English essay: http://www.ukessays.com/essays/marketing/company-overview-and-market-analysis-of-bmw-marketing-essay.php à ¥Ã‚ ¾Ã‚ ·Ãƒ §Ã‚ ³Ã‚ »Ãƒ ¤Ã‚ ¸Ã¢â‚¬ °Ãƒ ©Ã¢â‚¬ ºÃ¢â‚¬Å¾: http://www.autohome.com.cn/news/201301/462629-3.html Ammirati Puris Avrutick Inc.: http://adage.com/article/adage-encyclopedia/ammirati-puris-lintas/98315/

Australian Contract Law

Law of Contract II Semester 2, 2011 Word Count: 1932 A party’s right to terminate a contract arises from a particular type of breach of contract by another party. The facts of the breach and the nature of the term breached in each case inform the party with whose contract has been terminated, as to whether it is lawful or not. Common law rights to terminate arise in one or more of the following three ways: * Any breach of a condition of the contract; A serious breach of an intermediate term of the contract; or * Conduct that shows that a party is unable or unwilling to comply with the contract. Australian Courts have for sometime recognised a tripartite classification of terms in analysing whether or not a breach gives rise to a common law right to terminate. Australian courts have accepted that there is a category of term, known as a condition or essential term, for which strict performance is required, and that an aggrieved party is entitled to terminate for any breach of a condition, however slight.Contractual rights to terminate are of two main types: * Termination of the contract in total; or * Termination of the engagement of a contractor, in both cases arising from actual conduct, as described in either the contract’s termination clause or a term arising under statute. Frequently, the common law right to terminate is the most important consideration.In classifying whether a term is seen as a condition of a contract; a term may be classified as a condition by statute, by the parties or by the courts on the basis of the construction of the contract. A term may be classified as a condition on the basis of the express words used by the parties. However, before courts will conclude a particular term is a condition, with the consequences that any breach will entitle the aggrieved party to terminate, the parties must clearly have expressed their intention for the term to have this status.In assessing whether or not a term should be classified as a condition, the High Court has approved the statement of Jordan CJ in Tramways Advertising Pty Ltd v Luna Park Ltd: ‘The test of essentiality is whether it appears from the general nature of the contract considered as a whole, or from some particular term or terms, that the promise is such importance to the promisee that he would not have entered into the contract unless he had been assured of a strict or substantial performance of the promise †¦ nd this ought to have been apparent to the promisor.’ In DTR Nominees Pty Ltd v Mona Homes Pty Ltd, Stephen, Mason and Jacobs JJ provided further explanation of the relevant test: ‘The quality of essentiality depends †¦ on a judgement which is made of the general nature of the contract and its particular provisions, a judgment which takes close account of the importance which the parties have attached to the provision as evidenced by the contract itself as applied to the surrounding circumstances. Accordingly, i n assessing whether or not a term is a condition, courts will consider whether or not the parties would only have entered into a contract on the understanding that there would be strict compliance with the term. Where a term is intermediate, the right to terminate depends on the nature of the breach and its foreseeable consequences. Although the High Court had previously hinted at accepting the doctrine of intermediate terms into Australian law, Koompahtoo Local Aboriginal land Council v Sanpine Pty Ltd was the first case in which the High Court did so expressly.The first recognised authority to introduce intermediate terms was Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd, a decision of the English Court of Appeal. Hong Kong Fir was decided in 1961 and passed into the mainstream law of contract as understood and practised in Australia, although not formally adopted by the High Court until Koompahtoo. Any right to terminate under a provision of the contract terms require s careful consideration of the meaning of the words, particularly if the contract is unclear as to the meaning of the words.Additionally, even if the contract includes a termination clause, unless there is clear express exclusion of the common law right to terminate, the common law right remains active and equivalent to any contractual right to terminate. In the facts given, the contract between the Federal Government and the Australian Coastal Patrol Pty Ltd (ACP) has been partly performed. If a contract has been in large part performed, it is less likely that the breach will be substantial enough to warrant termination. In Carr v J. A. Berriman Pty Ltd, the principal entered into a contract with a builder for the construction of a factory.Two breaches by the principal caused the builder to seek to terminate the contract; a failure to deliver the site in the condition specified in the contract and a unilateral decision to remove from the contract the fabrication of steel framing. I t was the second breach that was decisive in the view of the High Court in finding that the termination was effective. In its reasons, the Court noted that the loss of the fabrication represented about one quarter of the builder’s estimated profit on the entire project and the removal from the contract of that percentage of the overall value was a substantial breach.However, in Fairbanks Soap Co. Ltd v Sheppard the parties contracted for the construction of a machine for $10,000. The machine was almost completed when the builder refused to finish the machine unless he was paid a large proportion of the price, contractually agreed to be paid on completion. The builder was concerned that once he made the machine operational that the purchaser would not pay the contract sum. The purchaser refused to pay and terminated the agreement.The builder complained that he had only to undertake about $600 worth of work to complete and was therefore justified in insisting on the payment. Bu t the court said that faced with such a deliberate breach of the contract terms the termination was legal. For ACP they had largely performed the terms of the contract by having four to five vessels active within the first year. They did however, have the minimum of seven boats by the start of the second year as declared in the contract.As well as the correct personnel and had continued to be paid by the Federal Government. It is not uncommon for those wanting to terminate a contract, to allow another opportunity for the party that breached the contract to ‘mend their ways’. Mason J proposed that: â€Å"If a party to a contract, aware of a serious breach, or of other circumstances entitling him to terminate the contract, though unaware of the existence of the right to terminate the contract, exercises rights under the contract, he must be held to have made a binding election to affirm. This in turn meant that the Federal Government should have brought to a standstill t he work of the ACP until it had decided whether or not to continue the contract with ACP after their breach of the contract. However, as the Federal Government had continued to pay the amount specified in term four of the contract then ACP would be unaware of the suggestions to terminate their contract. It would therefore be unlikely that termination of contract due to this reason would be upheld in court.Overall, the Federal Government would be very unlikely in terminating the contract due to the breach of term 1, as it continued to pay ACP when it only had 4 to 5 vessels in service in which they had knowledge of this breach, but continued with the contract. During the period of May to July 2011, some vessels were put to sea without the required minimum of 8 personnel per vessel, many of which did not wear correct uniform during there deployment. Terms 2 and 3 had specified in the contract that each vessel have a minimum of 8 personnel and that they were to wear correct uniform whi lst on active duty.These terms would be seen as conditions if they were discussed during the formation of the contract as being significant to the contract. In turn, this would allow for the Federal Government to terminate the contract with Australian Coastal Patrol Pty Ltd. These terms however could also be seen as trivial matters in the court and as stated in Hongkong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd, it was considered ‘unthinkable that all relatively trivial matters could be regarded as conditions of the contract †¦ It would ultimately be up to the courts to decide on the importance of these terms and whether they impaired the performance of the overall contract. ——————————————– [ 1 ]. Re Moore and Co Ltd and Landauer and Co [1921] 2 KB 519; see also Bowes v Chaleyer (1923) 32 CLR 159 [ 2 ]. Koompahtoo Local Aboriginal Land Council v Sanpine Pty Limit ed [2007] HCA 61 [ 3 ]. Glanville Williams. Learning the Law. Eleventh Edition. Stevens. 1982. p. 9 [ 4 ].Ltd v Tramways Advertising Pty Lt (1938) 61 CLR 28 [ 5 ]. DTR Nominees Pty Ltd v Mona Homes Pty Ltd [1978] HCA 12 [ 6 ]. [1978] HCA 12 [ 7 ]. Koompahtoo Local Aboriginal Land Council v Sanpine Pty Limited [2007] HCA 61 [ 8 ]. Hong Kong Fir Shipping Co v Kawasaki Kisen Kaisha [1962] 2 QB 26 [ 9 ]. [1962] 2 QB 26 [ 10 ]. [2007] HCA 61 [ 11 ]. Carr v JA Berriman Pty Ltd (1953) 89 CLR 327 [ 12 ]. Fairbanks Soap Co. Ltd. v. Sheppard, [1953] 1 S. C. R [ 13 ]. Fairbanks Soap Co. Ltd. v. Sheppard, [1953] 1 S. C. R