Wednesday, May 6, 2020

International Search Foundation Development -Myassignmenthelp.Com

Question: Discuss About The International Search Foundation Development? Answer: Introduction Often it happens that a person wants to purchase a car, but the price of the car holds the person back. Conventionally, the hire purchase financing is deemed as a type of financial facility which is looked at in such situations and in order to get the car, the instalments are made where the lump sum payment is not possible. Hire purchase arrangements commonly are deemed as car loan (iMoney Editorial, 2012). When an individual takes up the hire purchase financing, the individual becomes the hirer and the party which lends the money becomes the owner. The hire purchase transactions in the nation are governed through the Hire Purchase Act, 1967 (HP Act) (Denning, 2015). This act is relevant in terms of establishing the lawful duties and rights of the hirer and the owner. Based on this act, both the hirer and owner are bound by the hire purchase agreement and also to the procedures which are stated under the governing act. Though, there have been cases where the hirer, upon becoming inca pable in financial manner, often seeks help from a third party for covering for them in arrangements known as continue to pay. This discussion analyses the legality of this practice, and aims at providing better solutions in such situations to the hirers. Under the HP Act, hire purchase has been defined as letting of the goods where the option is given to purchase and the agreement for buying the goods through the instalments is given. However, this does not include the property in which the goods pass the time of agreement or at any time before the goods are delivered. This also does not include the agreements through which the individual through whom the goods are purchased or hired is an individual who is engaged in business or trade of making sale of goods of similar description or nature as the goods covered under the agreement. Through these provisions, the outright sale is excluded as the ownership is transferred to the buyer only after sale, and the dealer/ seller cannot be the very same party. Thus, in the simplest of terms a hire purchase agreement covers letting go of goods by owner to hirer with the option of making the purchase given to hiring party, and the agreement to this person for buying the goods through instalment s (IIUM Repository, 2010).. In the normal contract of purchase and sale, once the contract is completed the property which is held in such goods, would be passed on to the purchasing party. Though, when it comes to the contract of hire purchase of property, the ownership of goods or the goods are not passed on delivery of goods or at the time of arrangement. The reason for this is due to the presence, in these agreements, of the dealer or the seller who undertake the deal with purchasing party. Where an agreement is attained with the purchaser for purchasing of the goods, the seller or the dealer would require the purchasing party to approach financier. As a result of this, the dealer or seller would make sale of the goods to financier. The financier is the owner of goods who hires the goods under the terms of hire purchase to the purchaser. Hence, when it comes to the hire purchase transactions, there is involvement of three key parties, the hirer, the dealer and the financier, who is the owner (IIUM Repositor y, 2010). A recent trend has been seen in the hire purchase agreements is that when the hiring party becomes incapable in financial terms, to pay the instalments, they undergo an arrangement with a third party, for covering the arrangement, and this is generally referred to as continue to pay. However, this is not the right approach. This is because the hire purchase agreement takes place between the hiring party and the owner. Each party has been given certain rights. And where these rights are not fulfilled, the aggrieved party gets the option of making the claim against the other party for not fulfilling the terms of the hire purchase agreement. To put it more clearly, the owner is given the right that where the hirer makes a default in the payment of the instalment amount, the owner gets some rights in such situations. These rights are provided through the HP Act. Under section 19 of this act, the owner has been given the right to end the hire purchase management where a default in payment of the hire is made or where there is an unauthorized act, or where the express conditions are breached. As soon as the hirer defaults in one payment of the hire, as was covered under the hire purchase agreement, then based on provisions covered under section 21, and after providing the notice in writing to the hirer of a week, where the hire becomes payable in weekly manner or for lesser duration, and in any other case of two weeks, the owner gets the entitlement to terminate the hire purchase agreement by giving a notice of termination to the hirer in writing (CommonLii, 2006a). Under section 20 of the HP Act, the owner is given the right of termination. This provides that when the hire purchase agreement is terminated, the owner becomes entitled to retaining of hire which is already paid and for recovering the arrears of hire due (Global Law, 2018). Now, where the hirer takes help of a third party, for making the payments to the owner, the rights of the owner given under the HP Act are not fulfilled. This not only breaches the rights of the owner, but also is a breach of the obligations of the hirer. The hirer, under the HP Act, is under the obligation of complying with the hire purchase agreement. Where this is not done, the consequences covered under the hire purchase have to be applied for breaching the obligation of the hirer. There is also an obligation on the hirer of taking care of the goods and where this is not done, again the consequences stated under the hire purchase agreement are applicable. The use of the goods also results in obligations being raised for the hirer, where the same is not done based on the hire purchase goods. There is also the need for the hirer to give the information regarding the whereabouts of the goods (Nat OFO, 2013). This is a breach of the provisions of the HP Act and also the hire purchase agreement which gives rise to such obligations and duties. Apart from the breach of hire purchase agreement and the breach of the provisions of the HP Act, there is a problem in holding which party would get the ownership of the product, once the payment for the product is completed. This becomes particularly problematic, where the individual with which the continue to pay arrangement was made comes to claim the ownership of the product upon the completion of payment. Even though such individual is not a part of the hire purchase agreement, they can claim to be the owner of the product due to them having made the payment for the product. This results in not only the breach of the statutory act provisions and the hire purchase agreement, and also creates hassles in transferring the ownership of the property. As it has been shown that the continue to pay arrangement is not only a contravention of the hire purchase agreement but also a breach of the HP Act. There is a need for the hirers to look at the other solutions, which would not be deemed as a breach of the statutory act and the drawn hire purchase agreement. In doing so, the best option is before the hirers, is to communicate to the owner in the hire purchase agreement, regarding the inability of completing the finances on their own. In this regard, a provision can be inserted in the original hire purchase agreement whereby it is provided that the hirer would be given an option of financing from the third party, where they are unable in paying the instalments covered under the hire purchase agreement. However, in order for such provisions in the hire purchase agreement to not be unfair to the owner, there is a need for inserting relevant clauses in this agreement, which would remove the unfairness caused to the owner, due to the hir er being given a chance to finance the product under the hire purchase agreement, after the agreement has already been drawn. In this regard, firstly, the applicability of such provisions needs to be taken with the permission of the owner, where only after taking the relevant consent from the owner, can the hirer take the finance from a third party. Also, where such a financing option is taken on at a later stage, the owner is provided the benefit of it, in terms of extra costs, or an interest payment. This would not only allow the financier to continue in making the payments under the hire purchase agreement without losing the chance of getting the ownership of the product at the end of hire purchase agreement, when they become financially incapable of paying the requisite sum, but would also allow the owner to continue getting the payments for the product being sold by them. So, the theme of the hire purchase agreement would continue and the provisions covered under the HP Act would not be contravened. Another help which would be done through this is that there would be no dispute on who gets the ownership of the product stated under the hire purchase agreement in case of the third party financing the product. This would be due to the fact that it would be clearly provided to whom the ownership of the product would pass at the end of the hire purchase agreement drawn between the owner and the hirer. For instance, this could provide that the ownership of the product would be transferred to the hirer only after the full payments are made by them to the financier and till the time these payments are made, both the hirer and the financier would have the dual ownership on the product. In case of default in the hire purchase agreement payment, the financier could be given the right of leasing the product or selling off the product, and dividing the proceeds between the financier and the hirer. This is particularly helpful as the hirer would not be able to evade the payment of the product , and would also give certain rights to the financier to get their money back. So, for the portion of money which is already paid by the hirer, they would get their payment back, and for the portion of unpaid money, the financier would be able to claim the money. Thus, from the discussion undertaken in the previous segments, it can be concluded that the hire purchase agreements drawn in Malaysia are regulated by the HP Act, which presents different rights and obligations for the hirer and the owner. This act provides that when a hire purchase agreement is created between the hirer and the owner, they have to follow not only the agreement, but also the provisions of this act. However, in order to save from the possession of the goods going back to the owner owing to the lack of payment by the hirer, the hirers often engage in the arrangement known as continue to pay. This is a clear breach of the provisions of the HP Act as it has the effect of nullifying the impact of rights of the owners and the obligations of the hirer. Thus, in place of going forward with this arrangement of continue to pay, there is a need for adopting a provision in the hire purchase agreement, as highlighted in this discussion. A promise, which is undertaken between two or more parties, becomes a contract, which has validity under the law, due to the presence of the essential elements of the contract. More or less, each and every jurisdiction has same contract law, which is usually covered in the common law (Latimer, 2012). However, there are times when the provisions of contract law are provided under the statutory law. An example of this is Malaysia where the Contracts Act, 1950 is applicable. This act provides that in order to form a contract, six different elements have to be provided, and included in these are offer, acceptance, capacity of contracting, consideration, intention to create legal relations, and free consent (Chen-Wishart, Loke Ong, 2016). This act does not have a direct reference to electronic trade transactions, and yet the principles of contract become applicable on these transactions. Where the nature of the electronic commerce transactions is noticed, it becomes difficult in applying these principles, particularly in context of the communication of acceptance and offer. This discussion is focused on analysing the confusions which would possibly result from the application of the contract law provisions on the electronic transactions. In order to do so, the provisions covered under the Contracts Act would be highlighted to show the difficulty of applying these over the electronic transactions. Electronic consumers purchase the goods and services on the electronic systems by using internet and the computer networks (Fernando, 2001). The e-consumers are increasing in recent years and the online shopping has emerged as a trend and also as a manifestation of present day lifestyle. As per the survey conducted by PayPal for 2010, it was indicated that RM1.8 billion was spent on online shopping amongst the 400 consumers. The consumers can purchase anything at any period and from any place. This makes the electronic shopping a fun, quick, cheap, and safe way which is coupled with wider choices in comparison to conventional shopping. However, this borderless and paperless transaction has its fair share of challenges and problems which are not present in the face to face transactions. The problems are presented at the very early stage of formation of the electronic contract. It continues to be an issue of dispute on whether the goods which are displayed on the website would be deeme d as an invitation to treat or an offer. There is also the issue of how, where and when the electronic contract is concluded. The formation of electronic contracts is also marked with the other contract elements (Amin Nor, 2011). When a good or product has to be sold on the internet, it can be done in two manners. The first one is email, which is used to make the offer and for the purpose of communicating the acceptance of such offer (Rebecca, 2004). The emails contains, based on the case, the offer of acceptance, which is sent through the outbox of the offering or the accepting party to the server, which provides the email account, stores the messages till these are downloaded, and forwards it to the other partys inbox. The other mode is using the World Wide Web, creating web contract. This allows the website being operated as shop window and as cashier (Nabarro, 1997). The products would normally be displayed on the website with the indication of price and the consumer can scroll through the website to view the items. The order can be place by filling the order form and the details of payment (Amin Nor, 2011). Now in this entire process, there is a problem in getting to know if the relevant element of contract formation was present or not. Even though the element of intent to form lawful relations is not covered under the governing act, the same has been added through the common law through Phiong Khon v Chonh Chai Fah [1970] 2 MLJ 114 T. Even though the technology does not make any change in the requirement of these elements, it does present challenges and problems. Without modifications, the application of the present law remains questionable. In order for a contract to exist, there is a need for offer to be present. This offer has to be accepted also. The law does not give its support to the enforcement of the liabilities and rights of the parties when these elements are not present (Lee Ivan, 2009). Under the section 2(a) of the Contracts Act, the first element of creating a contract is stated as an offer. An offer shows the willingness of a person on doing anything. Where the offer i s made to certain individuals, it is bilateral contract; and where the same is made to public at large, it is known as a unilateral offer (CommonLii, 2006b). There is a need to differentiate between the offer and invitation to treat. Offer is an integral part of creating a contract but the invitation to treat does not have legal recognition under the contract law. Invitation to treat is just the preliminary communication including negotiations but is not a part of the contract (Clarke Clarke, 2016). This makes it crucial to know the exact stage at which the offer was made in order to establish when the contract was created, giving the clarity on when the right to sue would be given. The impact of internet is that there is a blurred line between the legal offers and advertisements (Treitel Peel, 2015). There are a number of websites where the advertisements of products is given, and where the offer is made, which would make the website lawful bound where the consumer clicks on I Accept or Yes button, which shows the acceptance of offer. The present legislation of the nation does not help in determining on whether the advertisement posted over the internet is to be taken as an offer or invitation to treat, or the manner in which the two would be differentiated (Sarabdeen, 2004). It can be argued that the advertisements on the website were an invitation to treat instead of being an offer. This is aligned with the concept of invitation of treat given under Pharmaceutical Society of Great Britain v Boots [1953] 1 QB 401, where the goods kept of display were deemed as invitation to treat (Marson Ferris, 2015). However, there are certain advertisements over the internet where positive action is required from the other party to confirm the transaction as is the case with providing the credit card details. In English cases, clarity has been brought to the issue of clash between invitation to treat and offer through the case of Re Argos 1999 (unreported) (Sheriff, 1999). This had had a giant chain retailer, Argos who had ad vertised mistakenly on their website that a twenty one inch television was at sale for ?3 in place of the actual value of ?3,299. Around one million orders had been placed before this mistake was brought before their attention. One of the buyers had placed an order of 1700 TV sets. Argos stated that this advertisement was an invitation to treat and did not honour the purchase order. The case was ultimately settled out of court where the claims of Argos were accepted by the buyers without any further contention. Furthermore, due to the lack of automatic confirmation from Argos, it was deemed to be a lack of acceptance (Amin Nor, 2011). This case could be compared to that of Kodaks case (unreported) which occurred back in early 2002. Kodak had advertised during the sale that the digital camera was available for sale at ?100. This was a mistaken price as the real price was ?329. The orders were not honoured by Kodak on a number of reasons. One of the reasons was cited as the advertisement being an invitation to treat. Though, after a dispute of over a month, Kodak gave into the pressure and had to honour the agreement. This was due to the fact that Kodak had sent a confirmation which shows the acceptance on behalf of Kodak. This was in addition to the automated response where the offer was acknowledged as referred to as contract (Zakri, San Hua, 2004). Where the advertisers treat the advertisements as invitation to treat, it needs to be spelt out in an unequivocal manner. Before the consumer is given the permission of making a purchase order, there is a need to make a statement on the website stating clearly that holding the goods or services on the website would be deemed as an invitation to treat in place of an offer. There is also a need to install the safeguards where the checkout counter would be created making it obligatory for the consumers to click on the icon before an offer is made. There is also a lack of differentiation under online advertisement or action in the statutes of Malaysia. Though, in M J Frozen Food Sdn Bhd Anor v Siland Sdn Bhd Anor [1994] 1 MLJ 294, it was suggested that the court could deem the offline advertisements as invitation to treat. But where this is done, it would be disadvantageous to the consumers as the merchant would be allowed to reject or accept the contract once the payment has been mad e by the consumers (Amin Nor, 2011). Once a contract is created, the next stage comes to be the acceptance. Under section 2(b) of the Contracts Act, the offer made has to be accepted, to show that the assent on the proposal has been given (CommonLii, 2006b). There is a need for this acceptance to be unqualified and absolute. The acceptance has to be given at every term of the offer, and where even one of it is not followed, a counter offer is made, which does not bind the involved parties (Paterson, Robertson Duke, 2012). This rule also has to be applied in electronic contract context. Acceptance can be given in any form, be it written or oral, and even through the conduct of the person as per section 9 of the Contracts Act (CommonLii, 2006b). Though, silence cannot be deemed as acceptance (Andrews, 2015). The key issue regarding the economics contract is the moment when the same is formed. In general, the contract is created when the communication of acceptance is completed. The acceptance becomes effective when the s ame comes to the knowledge of the offering party. The postal rules and the instantaneous mode of communication are used for communicating acceptance. The two are contradictory to each other and a question is raised on which rule has to be applied when the electronic transactions are made (Ayres Klass, 2012).. The manner in which the electronic communication is made, it does seem to be similar to the postal rules as have been covered under the Contracts Acts sections 4(2)(a) and 4(2)(b) (CommonLii, 2006b). So, the offering party becomes bound through the acceptance upon the acceptance being put in course of transmission to the offering party, which is out of power of acceptor. So, once the acceptor sends the message to the acceptor, the same goes out of control of offering party (Davies, 1997). Thus, from the discussion undertaken in previous segments, it can be concluded that a contract requires certain crucial elements to be present, in order for the same to have legal validity in eyes of law. In Malaysia, the contracts are regulated through the Contracts Act. When it comes to the electronic transactions, the act does not specifically apply on it. However, the general principles apply on the electronic contracts too. But, when it comes to the electronic contracts, applying these principles is not easy, due to differentiation between the contracts formed based on the statute, and the ones on which the statute does not provide specific provisions. In the previous segments, the different problems which are presented in the online contracts were highlighted, particularly in context of the offer and acceptance elements of contract formation. And from this discussion, it can be stated that there is a need to bring forth a legislation which provides clarity on the issues highlig hted above, in order to avoid the matters being raised in courts, and a simple process of contract formation being a matter of dispute. References Amin, N., Nor, R.M. (2011). Issues on Essential Elements of Formation of E-Contract in Malaysia: E-Consumers Perspective. Journal of Applied Sciences Research, 7(13), 2219-2229. Andrews, N. (2015). Contract Law (2nd ed.). UK: Cambridge University Press Ayres, I. Klass, G. (2012).Studies in business-law (8th ed.). New York: Foundation Press. Chen-Wishart, M., Loke, A., Ong, B. (2016). Studies in the Contract Laws of Asia: Remedies for Breach of Contract. Oxford: Oxford University Press. Clarke, P. Clarke, J (2016). Contract Law: Commentaries, Cases and Perspectives (3rd ed.). South Melbourne: Oxford University Press. CommonLii. (2006a). Hire-Purchase Act 1967 (Revised 1978). Retrieved from: https://www.commonlii.org/my/legis/consol_act/ha19671978215/ CommonLii. (2006b). Contracts Act 1950 (Revised 1974). Retrieved from: https://www.commonlii.org/my/legis/consol_act/ca19501974200/ Davies, L. (1997). Contract Formation on the Internet: Shattering a Few Myths. In Edwards and Waelde, Law and the Internet: Regulating Cyberspace. Portland: Hart Publishing. Denning, M.R. (2015). 8 Things You Need To Know About Hire Purchase. Retrieved from: https://asklegal.my/p/8-things-you-need-to-know-about-hire-purchase Fernando. (2001). International Electronic Commerce: Legal framework at the beginning of the XXI century. IO Current International Trade Journal, 10. Global Law. (2018). The Hire-Purchase Act, 1972. Retrieved from: https://policy.mofcom.gov.cn/english/flaw!fetch.action?id=5b8c374f-77b5-43fe-9ed5-84a2149621c4 IIUM Repository. (2010). A Review on the Application of Malaysian Hire Purchase Act 1967 and the Recent Amendments 2010. Retrieved from: https://irep.iium.edu.my/16219/3/A_review_on_the_application_od_Mal_Hire_Purchase_Act_2010.pdf iMoney Editorial. (2012). Hire Purchase Financing In Malaysia. Retrieved from: https://www.imoney.my/articles/hire-purchase-financing-in-malaysia Latimer, P. (2012). Australian Business Law 2012 (31st ed.). Sydney, NSW: CCH Australia Limited. Lee, M.P., Ivan, J.D. (2009). Business Law. Oxford: Oxford University Press. Marson, J., Ferris, K. (2015). Business Law (4th ed.). Oxford: Oxford University Press. Nabarro, N. (1997). Laws of Internet. Singapore: Butterworths Asia. Nat OFO. (2013). Hire-Purchase Act Reform: Rights and obligations of parties. civil-engineering from: https://thecorporateprof.com/hire-purchase-act-reform-rights-and-obligations-of-parties/ Paterson, J.M., Robertson, A., Duke, A. (2012). Principles of Contract Law. 4th ed. Rozelle, NSW: Thomson Reuters (Professional) Australia. Rebecca, O. (2004). Consumer Based Electronic Commerce: A Comparative Analysis of the Position in Malaysia and Hong Kong. International Journal of Law and Information Technology, 12(1), 101-122. Sarabdeen, J., Hamid, N.R.A. (2003). Electronic Contract and the Legal Environment. International Research Foundation for Development (IRFD) Virtual Conference World, Forum on Information Society (WFIS), 1-21. Sherriff, L. (1999). Argos 3 TV fiasco provokes test-case lawsuit. Retrieved from: https://www.theregister.co.uk/content/archive/6684.html Treitel, G H. Peel, E. (2015). The Law of Contract (14th ed.) London: Sweet Maxwell. Zakri, I.M., San, T.P., Hua, C.L. (2004). Introduction to Cyberlaw of Malaysia. Kuala Lumpur: Advanced Professional C

Wednesday, April 22, 2020

Swot Cosway free essay sample

Compared to Cosway’s competitors, obviously this is a competitive advantage as Coway, one of Cosway’s competitors only specialized in one single kind of product in the market, which is water purifier. This has been enabled Cosway to target more market than Coway did. Secondly, the low price strategy that Cosway is currently applying also helps in expanding its market. By having sustainable relationship with suppliers and also the benefits of economy of scale, Cosway manages to set a relative low price on every single product that it offers. It would be a significant strength of Cosway as what the CEO of Cosway has said: â€Å"the success of multi-level marketing is deeply depends on the success of the products. † Low price products will definitely more competitive and have a higher chance of survive in the economy recession as people tend to save more even when they are doing groceries shopping. We will write a custom essay sample on Swot Cosway or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Weakness There are always pros and cons in every single thing, same thing happen to Cosway. As what we have observed, there are several weaknesses of Cosway that will hinder itself from expanding the business globally. The first weakness of Cosway will be the marketing strategy that is solely depends on word-of-mouth. Instead of implementing their marketing strategy in advertising method like what others did, Cosway depends solely on its agents or business owners to promote its products. The biggest drawback of this marketing strategy that Cosway is implementing is hard to attract any new customer. Cosway is a multi-level marketing company, in which Cosway expand its market by having its agents expanding their social network. If one is not in the social network of any one of Cosway’s agents, then this particular person will never know about the goodness of Cosway’s products. This strategy is somehow limiting the success of expanding market. As discussed in earlier part, offering wide range of products has enabled Cosway to reduce the risk of over-dependent on a single kind of product. However, this has been turning a weakness for some consumer. As Cosway offers various kinds of products that are produced by different companies from all over the world, some people might think that Cosway is just another 7-Eleven that sells everything. There is no significant product of Cosway that can leave a deep impression to consumers, unlike Coway, which is famous for its water purifier.

Monday, March 16, 2020

Scientific Hypothesis, Theory, Law Definitions

Scientific Hypothesis, Theory, Law Definitions Words have precise meanings in science. For example, theory, law, and hypothesis dont all mean the same thing. Outside of science, you might say something is just a theory, meaning its a supposition that may or may not be true. In science, however, a theory is an explanation that generally is accepted to be true. Heres a closer look at these important, commonly misused terms. Hypothesis A hypothesis is an educated guess, based on observation. Its a prediction of cause and effect. Usually, a hypothesis can be supported or refuted through experimentation or more observation. A hypothesis can be disproven but not proven to be true. Example: If you see no difference in the cleaning ability of various laundry detergents, you might hypothesize that cleaning effectiveness is not affected by which detergent you use. This hypothesis can be disproven if you observe a stain is removed by one detergent and not another. On the other hand, you cannot prove the hypothesis. Even if you never see a difference in the cleanliness of your clothes after trying a thousand detergents, there might be one more you havent tried that could be different. Model Scientists often construct models to help explain complex concepts. These can be physical models, like a model volcano or atom  or conceptual models, like predictive weather algorithms. A model doesnt contain all the details of the real deal but should include observations known to be valid. Example: The  Bohr model shows electrons orbiting the atomic nucleus, much the same way as the way planets revolve around the sun. In reality, the movement of electrons is complicated but the model makes it clear that protons and neutrons form a nucleus and electrons tend to move around outside the nucleus. Theory A scientific theory summarizes a hypothesis or group of hypotheses that have been supported with repeated testing. A theory is valid as long as there is no evidence to dispute it. Therefore, theories can be disproven. Basically, if evidence accumulates to support a hypothesis, then the hypothesis can become accepted as a good explanation of a phenomenon. One definition of a theory is to say that its an accepted hypothesis. Example: It is known that on June 30, 1908, in Tunguska, Siberia, there was an explosion equivalent to the detonation of about 15 million tons of TNT. Many hypotheses have been proposed for what caused the explosion. It was theorized that the explosion was caused by a natural extraterrestrial phenomenon, and was not caused by man. Is this theory a fact? No. The event is a recorded fact. Is this theory, generally accepted to be true, based on evidence to-date? Yes. Can this theory be shown to be false and be discarded? Yes. Law A scientific law generalizes a body of observations. At the time its made, no exceptions have been found to a law. Scientific laws explain things but they do not describe them. One way to tell a law and a theory apart is to ask if the description gives you the means to explain why. The word law is used less and less in science, as many laws are only true under limited circumstances. Example: Consider Newtons Law of Gravity. Newton could use this law to predict the behavior of a dropped object but he couldnt explain why it happened. As you can see, there is no proof or absolute truth in science. The closest we get are facts, which are indisputable observations. Note, however, if you define proof as arriving at a logical conclusion, based on the evidence, then there is proof in science. Some work under the definition that to prove something implies it can never be wrong, which is different. If youre asked to define the terms hypothesis, theory, and law, keep in mind the definitions of proof and of these words can vary slightly depending on the scientific discipline. Whats important is to realize they dont all mean the same thing and cannot be used interchangeably.

Saturday, February 29, 2020

Analytic Hierarchy Process in Operations Management

The project deals with the issue statement where the content is included about the target market, poor management, and lack of supervision by the managers and the supervisors, the focus is given on the profits of the company and the sales of the Custom Gear Inc. The problem the Custom Gear is experiencing is being stated in the project, which includes lack of the order size, lack of the future growth, inventory and the production management and many others. The actions that have been taken by Mr. Rhodes are narrated in the project. Inappropriate production process, inappropriate target market, poor management, poor control system, suppliers are not efficiently delivering raw materials and the profit earned by the Custom Gear is not adequate. Lack of the policy of the order size: Eastern gear has accepted a huge lot of the order size which is been seen in the exhibit 2 of the case study. It can be seen that in the order size 1 the total number of orders are taken are 80. In size 2, the number of orders is 53. In size 3 the number of orders are 69 and so on. On the other hand, President of the Eastern Gear has also taken decision to accept the huge orders from the customers. Lack of planning for growth: It appears that the company does not have any plan to expand their business in the future. This may be the reason and the company can face problems with respect to the cash flows, problems of capacity and other problems that are associated with the growth of the company. Inventory and production control: The expediting seems to be the rule rather than the exception. Twenty percent of the total orders have the rush tags on it. The processing time of the production has increased from two to four weeks, and there does not seem the production and inventory system are not in place. There are certain orders are being handled on the rush basis and that may be disruptive with the smooth flow of the production. Objectives that are followed in the operations: It is not clear that the operations should be focusing on the cost of the product, delivery and quality of the product and the flexibility. The focus should be laid down on the objectives of the operations. The order entry system is been flawed: The time is lost between the design that is desired by the customer is flawed because the order is taken by the James and therefore, is reviewed by the engineer. The problems that are faced by Mr. Rhodes are been divided into four parts: 1. Production process, 2. Target market, 3. Management, 4. Suppliers. In case these problems are resolved, the impact of these will be seen in the goodwill of the company. The sluggish production process of the Custom gear has caused problems related to the delays in the production, late deliveries and the poor quality of the product. The main problem of the production process of the custom gears is the standard job shop layout. Every workflow has the set of the processes. Depending on the operations, the materials flow from one work centre to another. The cycle below shows the path that the typical order will follow is: Taking into consideration the floor layout of the Custom gear, it can be taken into account that the work centre’s are not arranged into the correct order of the workflow. They can be said to be unstructured. To get rid of this problem the layout of the shop should be arranged in the following manner: The main target of the Custom Gear’s is the engineering research and the development laboratories or the manufacturers. These result in the number of the small number of the gears. Custom gear is losing the market share as it is targeting small manufacturers who order very small amount of the gears from the company. This results in the low sales and revenue for the company. In order to increase the sales as well as the profits of the Custom Gear should try and target the large companies that are in need of the more of the custom gears. Doing this Custom Gear does not have to find more of the customers because the profits gained from one company would be huge. The management issues that the Custom Gear is facing are the past due raw materials in the shop. The manager and the supervisor must take note of the inventory that is lying on the shop. The materials that have expired are mostly because of the errors that have been caused by the supervisor or the manager. In order to get rid of this problem the supervisor should take extra care while placing the orders with the suppliers and avoid wastage of the resources. The company has also recorded many lost orders. Therefore, in order to get rid of the problem the management should ensure that all the orders are properly documented this ensures that the files should not be missing and there exists no complaints from the customer’s side about the lost orders. The operation strategy is related to the product, process, method, quality, cost and scheduling. Moreover, like any other organization the Custom gear has the definite relation with the operations strategy: The design of the product should have a match between the operations management, finance department and the supply chain management and should look at the customers need. The methods take into account the process of transforming raw material into the finished products. The process considers the conversion of inputs into outputs. Therefore, these two process in closely linked to the process design. The process selection and the facility layout takes into account the implications of the supply chain management. A cost is the variable factor that affects the pricing and the profits of the organization. Organizations that have high degree of productivity in comparison with their competitors have a comparative cost advantage. Custom Gear must plan the schedule orders deliberately. The rush orders and the large orders should be made carefully. Operating resources are necessary for the personnel and material which is generally necessary to carry out the project. The examples of the operating resources are materials, machines, labor, tools, fixtures and many others. Custom Gear must complete the process of the operating resources. The above-mentioned analysis that is been done on the Custom Gear Inc. the lack of proper and efficient operational controls will bring adverse changes in the organization. The sluggish production process, selection of suppliers and objectives of the sales target, the poor layout of the job shop also slowed down the production process and created confusion. The Custom Gear should target the large-scale manufacturing companies where they can get huge orders and earn the maximum revenues out of it. The production process should be changed the quality of the products should be given maximum attention. The resources that are getting wasted should be given utmost importance by the supervisor and the managers. Armstrong, G., Kotler, P., Harker, M., & Brennan, R. (2012).  Marketing: an introduction. Pearson Prentice-Hall, London. Becker, J., Kugeler, M., & Rosemann, M. (Eds.). (2013).  Process management: a guide for the design of business processes. Springer Science & Business Media. Chang, J. F. (2016).  Business process management systems: strategy and implementation. CRC Press. Davenport, T. H. (2013).  Process innovation: reengineering work through information technology. Harvard Business Press. Ferrell, O. C., & Hartline, M. (2012).  Marketing strategy, text and cases. Nelson Education. Fitzsimmons, J., & Fitzsimmons, M. (2013).  Service management: Operations, strategy, information technology. McGraw-Hill Higher Education. Jeston, J., & Nelis, J. (2014).  Business process management. Routledge. Khanna, R. B. (2015).  Production and operations management. PHI Learning Pvt. Ltd.. Krajewski, L. J., Ritzman, L. P., & Malhotra, M. K. (2013).  Operations management: processes and supply chains. New York: Pearson. Subramanian, N., & Ramanathan, R. (2012). A review of applications of Analytic Hierarchy Process in operations management.  International Journal of Production Economics,  138(2), 215-241.

Thursday, February 13, 2020

Consumer behavior Assignment Example | Topics and Well Written Essays - 500 words - 1

Consumer behavior - Assignment Example The PBS site has incorporated various things which children require during development period (Comstock & Scharrer, 65). It has materials for education which can persuade the kids to develop appetite for reading. It also has parents and teachers guide that can help children understand what their teachers and parents want from them. This can make children to pursue things that will please their teachers and parents. The site also contains other materials for young people such as DVDs, books, type of cloths they should wear, type of parties they should attend to, and the games they should play. Therefore, these activities encourages children to engage in physical fitness, eating of health food, carrying out their studies and dressing in cloths which are essential for certain occasions like cold weather . The PBS website is welcoming to children and they can easily explore various contents without guidance. It contains images, sounds and colors, which are appealing to children, and has most of the things that developing children requires for entertainment and usual activities such as video, games, learning information and shopping list for the children. According to Comstock & Scharrer (87), many children love cartoons hence the site has used cartoons which entice children to follow the advertisements displayed for them. The mobile cartoon images direct the children on what they want to. The kids may post the question or navigate the site by clicking the cartoon image. This website is well developed to help youngsters to acquire acceptable behavior in the community. The ordinary websites contains a lot of information misleading which is misleading to youngsters. For example they use images of children taking junk foods and enjoying television programs which have no content for the young people. This has resulted to youngsters developing health complications due the improper

Saturday, February 1, 2020

United States Managed care organizations Essay Example | Topics and Well Written Essays - 750 words

United States Managed care organizations - Essay Example Despite the federal government having some public funds to compensate the public on sickness and death, there lacked public programs and legislations that would facilitate the realization of these efforts by the government. The raising concerns of wage loss were because of failure to be paid in the event of illness. This led to the introduction of insurance schemes (sickness funds) to cover against loss of wages due to illnesses by workers. There arose evolutionist reformers in the progressive era of the early 20th century whose motives were to address social concerns especially for the working group (Palmer para 4-5). The efforts of the reformers received great support by the government of Roosevelt who equally highly esteemed the health of the people. The early period of the century, saw combined efforts by the AMA (American Medical Association) and the AALL (American Association of Labor Legislation) design and formulate legislations and health care bills that were meant for effec ting the universal accessibility of health care to the U.S citizens. Shortly after these moves, the reformers introduced the concept of cost of illness as against concentrating on the lost wages through which they brought about the concept of ‘sickness’ insurance. Health sector regulations were not left behind as well in the reforms with the end of great depression (1935) marking the introduction of social security act. The great depression had serious implication to every American as well as the various departments such as the health care sector with general low finances in circulation within the entire economy. This therefore encouraged the insurance sector to introduce the medical covers through which medical expenses to the public would be easily met. Latter on some employers took to their role to provide health care to their employee, which equally marked great steps. By the mid century, over two thirds of the U.S citizens enjoyed some form of medical coverage over the private insurance schemes. However, the achievement of compulsory national health insurance as were the efforts of the reformers failed due to the opposition s that resulted from the doctors, business, insurance sector as well as some labor groups. However, by the year 1965, great steps had been taken within the sector and there was assenting to the legislation to universal health care in the United States (Palmer para 16-20). According to a brief by the Maine Health Access Foundation, the last thirty years have seen great efforts by the state government to improve on the accessibility of health care support through insurance especially to the uninsured. Notable efforts and progress has actually been experienced in three leading states in the efforts of reforming the health sector; Vermont, Massachusetts and Maine. The states have undertaken multiple roles in the health care provision system of America by serving as a regulator, administrator and a purchaser among other roles. The comprehensive health care reform has been a great phenomenon to be implemented within many of the U.S states. The guiding factor to these notable reforms has been to provide universal, quality and affordable services in health care to all her citizens. Therefore, individual states have been responsible in developing and

Friday, January 24, 2020

Muslim Women Essay -- Immigration Islam Essays Papers

Muslim Women When I chose the topic of Americanization of immigrant Muslim women, I think I expected a straightforward, easy to categorize, research project. On the contrary, what I found was surprisingly different. While I think of myself as a liberal, open-minded female, this project gave me a very new perspective on myself and many of my views as well. Muslim women living in the United States are quite honestly more diverse, more complex, more structured, more contemplative, and more culturally intuitive than I could have ever imagined in my limited experience and knowledge of them. The ‘Americanization’ I sought to illustrate turned out to resemble something closer to a religio-cultural tug-of-war than the predicted homogeneous transformation, or adaptation, to our Western society and religious orientation.   Ã‚  Ã‚  Ã‚  Ã‚  The women whose lives I read about (individually as well as in group studies) seemed without exception to be in a constant state of tension from numerous external and internal sources. The many token examples of varying degrees of Americanization- or in some cases, resistance to this phenomenon- included, but were not limited to, wanting to uphold traditional homeland customs and practices; asserting new freedoms to take on more responsibility in religious and political arenas; working to improve traditional inadequacies of U.S. mosques to better accommodate women of faith; the dilemma of appropriate dressing for religious and professional communities; challenging traditional and current marriage practices and the difficulties associated with them; and maybe most significantly, combating the general naivetà ©, or even outright discriminatory ignorance of Americans about Islam. Considering the fact that Islam is the fastest growing religion in the world (between n ew births and the increasing number of conversions), and the United States is arguably the most influential and powerful country in the world, the last of these examples must, and will, be given some extra attention at the end of this paper. Finding Balance Between Islamic Tradition and U.S. Culture   Ã‚  Ã‚  Ã‚  Ã‚  Although almost every source I consulted stressed the progressive nature of the Quran and its ability to adapt to changing society, I found that a main thrust of the American Muslim communities was best exemplified in a quote from Carol L. Anway, that women strive toward â€Å"b... ...usaf Ali.† 12-18. A.H. Jaffor Ullah, Ph.D, New Orleans,   Ã‚  Ã‚  Ã‚  Ã‚  Louisiana, 2001. . Anway, Carol L. â€Å"American Women Choosing Islam.† Muslims on the Americanization Path?   Ã‚  Ã‚  Ã‚  Ã‚  Ed. Yvonne Yazbeck Haddad and John L. Esposito. Oxford, NY: Oxford University   Ã‚  Ã‚  Ã‚  Ã‚  Press, 2000. 145-160. Aswad, Barbara. â€Å"Attitudes of Immigrant Women and Men in the Dearborn Area Toward   Ã‚  Ã‚  Ã‚  Ã‚  Women’s Employment and Welfare.† Muslim Communities in North America. Ed.   Ã‚  Ã‚  Ã‚  Ã‚  Yvonne Yazbeck Haddad and Jane Idleman Smith. Albany, NY: State University of   Ã‚  Ã‚  Ã‚  Ã‚  New York Press, 1994. 501-519. Hathout, Samer. â€Å"Challenges Facing American Muslim Women.†   Ã‚  Ã‚  Ã‚  Ã‚  http://www.islamfortoday.com/americanmuslimwomen.htm.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Hermansen, Marcia K. â€Å"Two-Way Acculteration: Muslim Women in America Between   Ã‚  Ã‚  Ã‚  Ã‚  Individual Choice (Liminality) and Community Affiliation (Communitas).† The Muslims   Ã‚  Ã‚  Ã‚  Ã‚  of America. Ed. Yvonne Yazbeck Haddad. Oxford, NY: Oxford University Press, 1991.   Ã‚  Ã‚  Ã‚  Ã‚  188-201. Smith, Jane I. â€Å"Women’s Issues in American Islam.† The Duncan Black MacDonald Center for   Ã‚  Ã‚  Ã‚  Ã‚  the Study of Islam and Christian-Muslim Relations. Hartford Seminary, Hartford CT,   Ã‚  Ã‚  Ã‚  Ã‚  2002. http://macdonald.hartsem.edu/smithart1.htm.