The Impact of the Activities of Quacks on the Practice of Real Estate

THE IMPACT OF THE ACTIVITIES OF QUACKS ON THE PRACTICE OF REAL ESTATE PROFESSION IN NIGERIA. BY OREAGBA . K. OMOTOKE IN PARTIAL FULFILLMENT OF THE REQUIREMENT FOR THE AWARD OF BACHELOR OF SCIENCE DEGREE (HONS) IN ESTATE MANAGEMENT DEPARTMENT OF ESTATE MANAGEMENT JANUARY, 2011. CHAPTER ONE INTRODUCTION 1. 1. Background to the Study The notion of professionalism is based upon a practitioner in whatever vocational field to serve not only his client but also the society at large.This implies the need to maintain a high degree of ethical responsibility and conduct, because integrity must be the watch word for any profession. Thus the attainment of professional status involves a discipline of study, a compilation of knowledge and a basis of trust coupled with practical experience. However, the more diversified the field of practice, the less likely it becomes for high professional codes and standards to be maintained and therefore estate agency in particular can present problems.Agency can be referred to as the business of representing or providing a particular service for people or organizations while an agent is a person who acts on behalf of another with respect to a particular transaction, also an agent as somebody who officially represents somebody else in business or somebody who provides a particular service for another. On the other hand, Real Estate,  in  broad  definition, refers to land and everything fixed permanently a part thereof, and the nature and extent of one's interest therein. In law, the word real, as it relates to property, means land as distinguished from ersonal property; and estate is defined as the interest one has in property. Valuers, Appraisers and Estate Agents Act 1981 defined estate agency practice as acting or holding oneself out to the public as ready to act, for a commission, fee, reward or other consideration, as an agent in respect of the sale or other disposal of land and buildings and of any interest therein or the purcha se or other acquisition of land and buildings and of any interest therein or in respect of the leasing or letting of land and buildings and of any interest therein.Ibiyode(2009) in an interview with the Saturday Tribune refers to an untrained and unregistered member of the Nigerian Institution of Estate Surveyors and Valuers (NIESV) practising estate agency as a quack. Over the years, real estate agency practice has witnessed the influx of both professionals and non-professionals alike. Registered Estate Surveyors and Valuers, lawyers that serve as solicitors, property consultants, mortgage institutions, land vendors and uneducated intermediaries are found in estate agency business (Opalana, 2009).Akomolede (2006) makes the point that it is only idle and unsuccessful lawyers who leave their own profession to dabble into estate agency. He further explained that butchers, mechanics, drivers, accountants, lawyers, teachers, students, security guards, even idle housewives and just about anybody can dabble into the practice for the purpose of earning a commission.Statistics derived by Akpoyibo ( 2009) shows that in the past 5 to 8 years, fraudsters, operating under the cover of estate developers, estate agents, property consultants and management, among other business names, have taken over the city of Lagos, duping and bringing misery and confusion into the lives of their victims. Some of their methods are quite sophisticated, they would place advertisements in the print and electronic media, use bill boards and even print hand bills to announce vacancies for flats, self-contained apartments to let or even land and houses for sale (Akpoyibo, 2009).This situation has seriously affected the image of practicing Estate Surveyors whereby owners of properties have handed over sales and lettings of their different properties to agents who in most cases are not reliable and do not have legal rights to carry out such activities and who cannot follow up the monitoring and p roper maintenance of their client’s properties.In such cases the owner of the properties is at risk of bad tenant and poor maintenance which results in loss of client’s money. In the course of reading all this, the researcher was prompted to find out in what way has the activities of quacks affected Real Estate Profession with special focus on real estate agency and property dealings in Lagos Island and its environs due to its high volume of letting and sales transactions. 1. 2. Statement of Research ProblemAccording to Akomolede (2006), the biggest problem facing the estate agency business in Nigeria today is the absence of regulation, there is no enabling law under which estate agents are registered and controlled; the danger is that the profession in its present state allows for the intrusion of all kinds of quacks. Another main problem with the current system is that there is no requirement to belong to a regulatory body in order to set up and practice as an agent. Estate agents may choose to become members of the Royal Institution of Chartered Surveyors or the National Association of Estate Agents, and it's a good idea to check for their membership of these bodies when choosing one to work on your behalf. Crime Watch investigations published in the PM News (17th September, 2009) revealed that most of the properties advertised for rent or lease do not exist, and where they exist, people are joining hundreds of other victims to line the greedy pockets of these criminals.It was also revealed that between last year and today, over 1,000 house seekers in Lagos State have been duped by these con men, while several millions of naira has been lost. Some families have lost their entire life savings and some have faced destitution through the activities of these rogues. This study’s greatest concern is the fact that more and more house seekers are falling into the hands of these quacks and several millions of naira is fraudulently collected on a daily basis from Lagosians. The major questions this study intends to answer therefore include: i.What laws have been in place to control the activities of quacks in Nigeria? ii. What are the effects of quacks on Real Estate Practice ? iii. What can be done to minimize their activities? 1. 3. Aim and Objectives of Study The aim of this research is to study the impact of the activities of quacks on the practice of real estate profession in Nigeria, with particular reference to Lagos Island property market. In achieving the aim of this study, the specific objectives are to: i. Examine the laws relating to the practice of estate agency in Nigeria. ii.Asertain peculiar effects of quacks on practice of estate agency in the study area. iii. Identify ways to minimize the activities of quacks to enhance Real estate practice. 1. 4. Significance of the Study Several writers have partly examined the impacts and effects of quacks on estate agency practice. In relation to their individual studi es, this study will examine all aspect of quackery related activity by identifying who these quacks are, also by examining the laws that regulates the practice of estate agency as well as suggesting possible solutions to this menace.This project will serve as an incentive especially to students currently studying estate management and for those whose specialty would be estate agency because it will assist in properly orienting them as propective estate surveyors, and also to the public letting them know who they can relate with and how to identify Estate Surveyors and Valuers. This study is also important because it would reveal the activities of quacks/non-professionals in estate agency, thus enabling the Nigerian Institution of Estate Surveyors and Valuers to be in a good position to fashion out new codes of conduct for its members and find ways of dealing with quacks.This research is to enable the readers understand why and how these quacks operate under the covering of estate de velopers, estate agents, property consultants and management, this is because it has been noticed by Crime Watch investigations that these quacks have taken over the city of Lagos, duping and bringing misery and confusion into the lives of their victims. A detailed study that would undergo the complete research requirements would no doubt minimize, if not eradicate the activities of quacks in estate agency practice.This is what this study intends to achieve in addition to promoting patriotism of agency surveyors in the property market. This research will go a long way in abolishing the activities of quacks and also letting the public know who specifically they can relate with and how to identify them, also prevent the public from entering into wrong hands. 1. 5. Scope of the Study No matter how ambitious a researcher could be, no single study can be all encompassing. Hence, study limits have to be defined clearly. In this view his study focuses on the the impact of the activities of quacks on the practice of Real Estate Profession in Nigeria. Estate agency is choosen amongst other aspects of real estate profession, because the other aspects of the profession needs licensing before one can practise, basically an eatate agent do not need professional qualifications to practice. Also the activities of the quacks affect more people at the lower rung of social and economic ladder. However, time constraint does not allow for the coverage of the entire country.For this reason, the scope of this research is restricted to Lagos Island, because it is known to be a commercial area and it plays host to the main government buildings, shops and offices. Lagos Island contains a central business district and this district is characterized by high-rise buildings where all sort of activities take place, most commercial and financial businesses are transacted and also where different professionals are based, and also because it is vast and has a lot of estate firms within the ar ea. 1. 6. Study Area Lagos Island contains a central business district.This district is characterized by high-rise buildings. The island also contains many of the city's largest wholesale market places (such as the popular Idumota and Balogun markets). It also has the National Museum of Nigeria, a Central mosque, Glover Memorial Hall, Christ's Cathedral (CMS), and the Oba palace. Though formerly in derelict condition, the Tinubu Square on the island is a site of historical importance; it was here that the amalgamation ceremony that unified the Northern and Southern protectorates to form Nigeria took place in 1914.Lagos Island is the principal and central local government area of the Metropolitan Lagos in Nigeria. It is part of the Lagos Division. According to 2006 Nigerian census, the Local Government Area (LGA) had a population of 209,437 in an area of 8. 7 km?. The Local Government Area (LGA) only covers the western half of Lagos Island; the eastern half is under the jurisdiction of Eti-Osa Local Government Area (LGA). The Island has continued to rapidly develop and is a favourite spot for Nigerians and foreigners to live and play.However the influx of banks and other commercial ventures has changed the formerly serene atmosphere of the Island. Today, Lagos Island is one of Nigeria's busiest centres of banking and commerce, with most Nigerian and international corporations headquartered on the Island. Study Area Fig. 1 Map of the Local Government Areas of Lagos with study area highlighted. Source : wikimedia (2006). Map showing the 16 LGAs making up Metropolitan Lagos. Note that Metropolitan Lagos is a statistical area and not an administrative entity unlike Lagos State. 1. 7. Limitations of the study.The research is designed such that it identifies the impact of the activities of quacks on the practice of real estate profession and also proffer solutions so identified. However, the limitation of the research is borne on the fact that covering the entire sta te was not possible, thus, an area was selected for the purpose of this research. Other limitations include financial constraints, time constraints, transportation problems, limited exeat from the school premises and the target populace in giving information as regards the subject matter. 1. 8. Definition of termsIn a study of this nature, it is considered necessary and desirable to define key terms with a view to clarifying both operational and constructive definitions to avoid ambiguity. Constructive definition involves substituting the concept or construct of the term we are defining with other concepts or constructs, the operational definition requires that the concept or construct be assigned a type of meaning which the researcher wants to carry throughout the study. Agent: An â€Å"agent†, broadly defined, is a person who affects the legal relations of another person, called the â€Å"principal†.The agent can affect the legal relations of the principal in several ways but does so primarily through entering into contractual relationships on behalf of the principal. If, for example, A (as agent) enters into a contract with X on behalf of P (the principal), A having disclosed to X that she is acting on behalf of P, the contract will be a contract between X and P (and not a contract between X and A). The principal can also be vicariously liable for the torts committed by the principal’s agent.Estate agent: is a person that represents some other person in property or land dealings. He could provide land and property related services which moslty include the sales, letting or management of land and buildings. An agent that specialises in Letting/Sales transaction is called an agency surveyor. Principal: is one who authorises and controls the actions of the estate agent. In commercial law, a principal is a person legal or natural–who authorizes an agent to act to create one or more legal relationships with a third party.Disclosed pri ncipal is a class of principal, where at the time of the transaction made by the Agent with the Third Party, the latter knows that the person he is dealing with is acting as an Agent and also knows the Principal’s identity. Partially disclosed principal is a class of principal where, at the time of the transaction, the Third Party knows that the person he is dealing with is acting as an Agent acting but does not know the Principal’s identity and undisclosed principal, the person acting as an Agent represents is acting on their own behalf and does not disclose the existence of the agency relationship.This is usually because the Principal is wealthy and believes that money can be saved on the proposed deal if their involvement is hidden. Quack: is someone who pretends to have a professional knowledge (which he does not possess), he is also a person who generally claims to have knowledge in real estate while he does not. He has not undergone any professional training and naturally will not work in the capacity of a manager Property: is any physical or intangible entity that is owned by a person or jointly by a group of persons.Important widely recognized types of property include real property (land), personal property (physical possessions belonging to a person), private property (property owned by legal persons or business entities), public property (state owned or publicly owned and available possessions) and intellectual property (exclusive rights over artistic creations, inventions, etc), although the latter is not always as widely recognized or enforce. 1. 9.Chapter Summary In chapter one, a vivid introduction of the research work was given by exploring the background to the study, statement of research problem including research questions, objectives of the study, significance of the study, scope of the study, study area, limitations of the study and the definition of terms. The next Chapter is a review of relevant literature on the subject o f study. CHAPTER TWO LITERATURE REVIEW 2. 1 IntroductionDescribing quackery as one of the greatest challenges confronting estate surveyors in the state, Nemieboka (2010) revealed that quacks infiltrate the estate profession through the practice of estate agency which is one of the major aspect of the profession whereby the professional represents either the buyer or seller in law and valuation and guide his client on how best to go about the business in the property market. Apparently, the business of estate agency has become an all-comers affair, opening a floodgate of quacks.These quacks are allowed such liberty because the house owners are not adversely affected by their activities since they believe that in the long run, they get whatever accrues to them as rent, rather effortlessly, leaving tenants to bear the financial brunt (Amaku and Ogunleye, 2010). Therefore the literature reviewed includes, the creation of estate agency, the types of estate agency,the duties and terminati on of estate agency, the different laws governing estate agency, code of conduct for estate agents, the activities of quacks, factors responsible for the emergence of quacks and also the steps to becoming an estate surveyor. . 2. Estate Agency Relationship Fillmore, Wellington ;Robert (2003) in their works identified that principal-agent relationship evolved from master-servant relationship under English common law. In that relationship, the servant owed abosolute loyalty to the master. This loyalty replaced the servant’s personal intrests as well as any loyalty the servant might owe to others. In a mordern day agency relationship, the agent owes the principal similar loyalty.The agent is regarded as expert on whom the principal can rely for specialised professional advice. Estate agency can be described as a relationship resulting from an agreement authorising an agent to represent, act for and be subject to control of a principal in dealing with a third party. They went fur ther to explain that estate agency involves the buying, selling, letting and leasing of intrests in land and property on behalf of others which applies to all types of real estate namely: residential, commercial, industrial, agricultural.ACCA F4 Corporate and Business Law (2010) contributed to agency relationship, and defines an agent as a person (or company) that acts on behalf of a principal. This means that in the estate agency relationship, the agent is acting on behalf of another rather than in their own right. Third parties Agent Principal Source: ACCA F4 Corporate and Business Law (2010). Since the agent is not acting on his/ her own behalf, any contracts that the agent negotiates on behalf of the agent have this effect: Third parties Principal Source: ACCA F4 Corporate and Business Law (2010)This means that all the rights and obligations of any contract negotiated by the agent are rights and obligations of the principal and the third parties. Principal and agent relationship in law is a voluntary legal relationship between two parties whereby one, the agent, is authorized by express or implied consent to act on behalf of the other, called the principal. The designated agent can thus affect or conduct the legal affairs of the principal with others, as in the case of the agreement known as power of attorney.The authorized acts of the agent are thus considered to be the acts of the principal, who is entitled to the benefits, if any, from these actions. The relationship differs from that of master and servant in that the agent is the representative, as well as the employee, of the principal (Microsoft Encata (2008). Dave (2010) is of the opinion that agency is the special relationship whereby one person (agent) agrees on behalf of another (principal) to conclude a contract between the principal and a third party.The most common agency relationships are; Buyer’s Agency: in a buyer’s agency relationship, the buyer is considered the client. Sell er’s Agency: a seller’s agency relationship represents the seller in the transaction and the seller is considered the client. Dual Agency: In a dual agency, an agent represents both buyer and seller in a single transaction and carries fiduciary responsibilities to both principals Any person who has legal capacity to make contracts can appoint an agent, who in turn must be of legal age and of sound mind.A corporation or a partnership, as well as an individual, can be either principal or agent. The agent may be appointed by actual agreement, or may be acknowledged as such by actions on his or her and a principal's part indicating such a mutual agreement. Obligations of the agent vary according to the particular agreement with the principal, who is generally required to act by specific instructions and is held responsible for wrongful acts of the agent only when they fall within the scope of the legal contract.The agent, besides being paid for services, is entitled to rei mbursement for particular expenses. 2. 3. Historical Background of Estate Agency The precise origin of estate agency is still a subject of controversy and a little cloudy. Some belive it originated from lawyers who were responsible for the drafting of lease and conveyances in respect of dwelling houses and agricultural land but no concrete evidence as to the authenticity of any precise origin exists (Olayinka, 2010). From researches, many belive that estate agency emerged from the profession of law i. attorney who developed the autioneering sides of their practices but this was refuted by Ash (1958) who states that estate agency grew from old auctioneers who were chattel men ( but surely also agricultural auctioners) who turned eagerly to the exiciting prospect of selling big landed estates and that the expression â€Å"estate agent† was coined to describe the parctitioner who did more of selling and buying than auctioneering. This is basically true because throughout the cou ntry one can readily identify firms of estate agents that grew directly from this source and who will still combine the sale of real roperty with earlier skills which still go a great deal further than autioneering (Jacobus, Charles, and Bruce, 1998). The employment by great land owners of persons to oversee their holdings, deal with tenure, rentals and many other matters on behalf of their lords goes far back to the Norman conquest. It could be argued that the stewards were agmonst the progenitor of todays â€Å"general practitioners† and as most of todays practising estate agents can be so described as being one of the origins from which they sprang.Yet they really operated as managing agents and could not be said to have operated in a free and open market therefore estate agency was then practiced by a priviledged few. Real estate practice grew out of England’s industrial development and it is the upheaval of the nineteenth century with its redistribution of ownersh ip and its multiplication of problems affecting property that can be traced to the vocation of auctioneers and estate agents (Stephens, 1981). Ash (1958) writing on the first auctioneer suggested that real estate activities originated and developed with Christopher Cook of the great piazza in Covent Garden.His first sale announcement which was entirely devoted to land appeared in the London evening post in April 1740, following this he built a considerable practise. Real estate practice grew out of England industrial development and it is the upheaval of the nineteeth century with its redistribution of ownership and its multiplication of problems affecting property that can be traced to the vocation of auctioners and estate agents (Olayinka, 2010). He went further to state that in the eighteenth century, the conditions govering the possesion of real estate were vastly different from those prevailing today.Landowners were an exclusive and priviledged and certainly limited class so fa r, land changing hands with any frequency was held for most parts in large estate and by the same families from generation. Therefore the real estate was free from modern perplexities (Ash, 1958). Fillmore, Wellington &Robert (2003) maintained that common law, law of agency is the basic framework of the law that governs the legal responsibilities of the estate agents to the people they represent. The fundamental of agency law has remained largely unchanged for hundreds of years.However the application of the law has changed dramatically, particuarly in residential transaction and especially in recent years. Oni (2009) in his book, Real Estate Marketing revealed that in recent times in Nigeria, a number of professional bodies have been formed, the oldest recognizable one is the Royal Institute Of Chartered Surveyors (RICS) founded in 1868 as the institute of surveyors. As the name implies, the early members were limited to those whose task it was to survey land and to oversee, report on and manage the land.Membership of RICS are professionals in the feild of Estate Surveying and Valuation, Land surveying and Quantity Surveying. The organised body recognised for the regulation of practise of estate agency in Nigeria is the Nigerian Institution of Estate Surveyors and Valuers (NIESV). The practitioners are referred to as Estate Surveyors and Valuers. However, the corporate affairs commission regards estate agency as a business concern and classifies it under general business practice.This has partly accounted for why non- professionals, otherwise called â€Å"quacks†engage in the practice of estate agency without regulation. According to Stephens (1981), there is a high level of statisfaction with the services rendered by estate agents. If changes occurs, it might be in form of fewer or larger firms and computerisation in the future. 2. 4. Creation of Agency Creation of agency is viewed by Oni (2009) which is seen in two major ways :Expressly, By implicati on. Express creation maybe oraly made or could be done in writing, usually under seal.A form of written instruction â€Å"power of attorney† is usually given. This is an authorization to act on someone else’s behalf in a transaction involving land or land and building. Implied creation of agency can come in three ways :By Estoppel, by ratification and by necessity. By estoppel it means that one can be portrayed as an agent of another person. This type is of limited character and is sometimes known as â€Å"agency by estoppel† because parties bound by contract are prevented or â€Å"estopped† by law, or by conduct, from denying the existence of the agency.By ratification, this is permised on the equal dignity rule†. The rule is a principle of law that requires an authorization for someone performing certain acts for another person to have been appointed with the same formality and required for the act the representative is going to perform. By necess ity occurs when a situation arises in emergency condition where a person is obliged to act in order to prevent irrepearable loss to another. However three conditions must be atisfied before this type of agency can be created: It must be impracticable or impossible to communicate with the owner of the goods in order to get instructions, the agent must have acted in the best interest of the client and there must be imminent commercial necessity. According to Fillmore, Wellington &Robert (2003) research, it shows that an agency relationship may be based on formal agreement between the parties, an express agency, or it may result from the parties’ behaviour, an implied agency.It is an express agency when the principal and agent enters into a contract, or an express agreement, in which the parties formally express their intention to establish an agency and state its terms and conditions. The agreement maybe either oral or written. It is an implied agency when agency is created by implied agreement. This occurs when the actions of the parties indicate that they have mutually consented to an agency.ACCA F4 Corporate and Business Law (2010) maintained that principal/agent relationship can be created in a number of ways; Agreement, Ratification, Estoppel, Necessity Agreement: This is the most common manner in which a principal/agent relationship comes into existence. In this situation, the agent is specifically appointed by the principal to carry out a particular task or to undertake some general function. In most situations, the appointment of the agent will itself involve the establishment of a contractual relationship between the principal and the agent but need not necessarily depend upon a contract between the parties.Ratification: An agency is created by ratification when a person who has not actual authority purports to contract with a third party on behalf of a principal and the principal subsequently accepts the contract. Where the principal elects to r atify the contract, it gives retrospective validity to the action of the purported agent Estoppel: This form of agency is also known as „agency by holding out? and arises where the principal has led other parties to believe that a person has the authority to represent him.In such circumstances, even though no principal/agency relationship actually exists in fact, the principal is prevented (estopped) from denying the existence of the agency relationship and is bound by the action of his or her purported agent as regards any third party who acted in the belief of its existence. To rely on agency by estoppel, there must have been a representation by the principal as to the authority of the agent (Freeman and Lockyer v Buckhurst Park Properties Ltd (1964)) and the party seeking to rely on it must have relied on the representation.Necessity: Agency by necessity occurs under circumstances where, although there is no agreement between the parties, an emergency requires that an agent take particular action in order to protect the interests of the principal. The usual situation which gives rise to agency by necessity occurs where the agent is in possession of the principal? s property and, due to some unforeseen emergency, the agent has to take action to safeguard that property. 2. 5. Types of AgencyFillmore, Wellington & Robert (1988) explained that one major characteristic feature of estate agency is that more than one agent maybe involved in disposing off a particular property. This may occur whereby the owner of the property instructs more than one agent or where the agent himself appoints one or more sub- agents. This has given rise to four types of agency. i. Sole Agency ii. Joint Agency iii. Sub Agency iv. Multiple Agency. Sole Agency: this is when a client (house owner) appoints a single agent to dispose or let a property.However, the principal in some cases do sell the property personally despite his instruction to the agent but will not be allowed to s ell through another agent especially where the sole agency is created by a valid contract. Joint Agency: this arises where two agents are instructed by a principal to act jointly and cooperate in effecting the vendor’s instruction and share whatever fee is agreed as commission. Sub Agency: this exists where the type of property desired by a client in an area is not available in the agents’ portfolio, thus, the principal agent appoints a firm of sub-agents to cooperate in the contract.Multiple Agencies: this is the situation where the principal instructs several agents and each acting independently of the others with a view to reaching as large and wide market, expedite sales and procuring a better price. The winner takes all situations when it comes to commission. 2. 6. Duties and Rights of an Estate Agent Estate agents are legally obliged to put their client’s intrests above anyone else’s. They must keep clients information confidential and obey their cl ient’s lawful instructions. They have to report any useful information to their clients that they find out, concerning the seller or buyer.They have to account to their client for any money involved with their work. They are required to answer the principals questions to clarify their understanding of regulations and their responsibilities other parties involved. Lawdit readingroom (2006), an estate agent shall explain to every prospective party to any written offer or contract negotiated or procured by him in his capacity as an estate agent, prior to signature thereof by such party, the meaning and consequences of the material provisions of such offer or contract, or, if he is unable to do so, refer such party to a person who can do so. i.To obey the lawful instructions of the principal. ii. Not to delegate, sub-contract his authority. iii. Only to act within the limits of his authority (actual or ostensible). iv. Not to make a secret profit or accept bribes. v. Not to put h imself into a situation where his interests will conflict with those of his principal. vi. To use reasonable diligence and care, and reasonable dispatch. vii. To disclose all material facts to the principal and to refrain from divulging confidential information to third parties. viii. To account to the principal for property and money of the principal, which is under his control.Lawdit readingroom (2006) explained that the principal duties of an estate agent may be specified in the contract between principal and agent. A qualified professional agent after accepting an instruction from his client and concluding the basis of his contract has the following rights: i. He is entitled to compensation and renumeration for services rendered. ii. He must be indemified against all losses and liabilities suffered on behalf of his client and also reimbursed for expences incurred. iii. He may retain possession of his principals property untill he has been fully paid iv. Continue employment for t ime period specified. 2. 7.Liabilities of an Estate Agent Acccording to Fillmore, Wellington & Robert (1988), it appears that no man longer wishes to take the slightest risk on his property and attempts to insure himself against accidents, theft, fire, flooding damage or risks arising from renting accommodation. Therefore, the subject of liability is of importance both for real estate agents and their clients. Also the severity shown towards real estate professionals constitutes the price at their success where the value of their work and professional knowledge is recognised more each day, therefore, being competent and prudent to a client is of great importance.As one is to be ever prudent, the real estate professional must act with discernment and must seek advice of many technical experts in other fields of construction before embarking upon a project with his client. The risk of each operation stage should be clearly explained for he is at the service of not just his client but also the public. By accepting an instruction with good negotiating ability, he must reflect all the obligations of the tenant and landlord or the purchaser and vendor. He must have a good knowledge of the property concerned and the property market of the area he is dealing with. 2. 8.Termination of Estate Agency Subject to section 201 of the The Indian Contract Act,1872, it explained that an agent's authority can be terminated at any time, if the trust between the agent and principal has broken down, it is not reasonable to allow the principal to remain at risk in any transaction that the agent might conclude during a period of notice. Section 201 to 210, The Indian Contract Act, 1872, provided that agency may come to an end in a variety of ways: By the principal revoking the agency – However, principal cannot revoke an agency coupled with interest to the prejudice of such interest.An agency is coupled with interest when the agent himself has an interest in the subject-matter of the agency, (ii) By the agent renouncing the business of agency, (iii) By the business of agency being completed; (iv) By the principal being adjudicated insolvent (Section 201 of The Indian Contract Act. 1872) The principal also cannot revoke the agent’s authority after it has been partly exercised, so as to bind the principal (Section 204), though he can always do so, before such authority has been so exercised (Sec 203).Further, section 205, states that if the agency is for a fixed period, the principal cannot terminate the agency before the time expired, except for sufficient cause. If he does, he is liable to compensate the agent for the loss caused to him thereby. The same rules apply where the agent, renounces an agency for a fixed period. Notice in this connection that want of skill continuous disobedience of lawful orders, and rude or insulting behavior has been held to be sufficient cause for dismissal of an agent.Further, reasonable notice has to be given by on e party to the other; otherwise, damage resulting from want of such notice, will have to be paid (Section 206). Section 207, provides that the revocation or renunciation of an agency may be made expressly or impliedly by conduct. The termination does not take effect as regards the agent, till it becomes known to him and as regards third party, till the termination is known to them (Section 208). 2. 9. Comparative Study 2. 9. 1 Real Estate Agents Act 1976 (Public Act 1976 No 9) The Real Estate Agent Act 1976 of New Zealand consists of 9 parts and 125 sections.The first Part consist of Real Estate Agents Licensing Board, the second part addresses the Licensing of real estate agents, the third part addresses on the approval of salespersons, the fourth part consists of the duties of real estate agents, the fifth part addresses the Real Estate Institute of New Zealand incorporated, the sixth part also addresses the Real Estate Agents Fidelity Guarantee Fund, the seventh part addresses on the Disciplinary provisions of the board, the eighth part consists of the Appeals and lastly the ninth part addresses on the Miscellaneous provisions.The Estate Agents Act 1976 regulates the work of estate agents in New Zealand. The Act gives the meaning of real estate agent as any person who holds himself or herself out to the public as ready to act, for reward as an agent in respect of the sale or other disposal of land or of businesses either with or without any interest in land) or the purchase or other acquisition of land or of businesses (either with or without any interest in land), or in respect of the leasing or letting of land, whether or not that person carries on any other business. Subject to section 34 of this Act, no person shall carry on the business of a real estate agent unless he or she is the holder of a licence issued in accordance with this Part of this Act.Every person, not being the holder of a licence, commits an offence and is liable to a fine not exceedin g $2,000 who describes himself or herself in writing as or holds himself or herself out to be a real estate agent, or carries on business as a real estate agent, and, in addition to any fine that may be imposed, shall be liable to forfeit to Her Majesty the Queen all money received by him or her by way of commission, profit, or remuneration for any services or work performed by him or her as an unlicensed real estate agent.Subject to section 17 of this Act, every person who has attained the age of 20 years and has passed the examinations for the time being prescribed by the Institute and has been approved by the Board for the purposes of this section; or is a company; or is a building society; or was, at any time within 5 years before the commencemen of this Act, the holder of a real estate agent’s licence issued under the Real Estate Agents Act 1963 or a partner of such holder or a director or officer of a licensee company, in either case approved under section 21(2) of the Real Estate Agents Act 1963 or has surrendered a licence pursuant to section 31 of this Act and has been approved by the Board for the purposes of this section, or is, and has been, an associate member of the Institute since before the 1st day of January 1966 and who has, at least since that date, been continuously engaged or employed as an approved salesperson by the same or different real estate agents shall be eligible to hold a licence under this Act. The Act further explained in subsection (1) of this section, no person shall apply for or obtain or be eligible to hold a licence under this Act if the agent is a bankrupt and has not obtained the order of discharge, or, if the agent has obtained the order of discharge and it is suspended for a term not yet expired or is subject to conditions not yet fulfilled or the agent holds practising certificate as a barrister or solicitor of the High Court of New Zealand or Every person who applies for or obtains a licence knowing that he or she is not eligible to do so under the foregoing provisions of this section commits an offence. Under section 67, of the real estate institute of New Zealand, every licensee shall be a member of the Institute, whether or not he or she applies for membership, notwithstanding subsection (1) of this section, such of the officers of a licensee company as the rules of the Institute provide shall be members of the Institute. If any person suspended under this section satisfies the Board that all fees and other payments have been paid, the Board shall cancel the suspension of that person. Section 36 provides for the purpose of the Act a Registrar shall be appointed and the registrar shall set up and maintain a Register of Real Estate Agents.The real estate institute of New Zealand Regulates the members of the Institute who are not holders of licences. Subject to subsection (4) of section 55, all money received by a real estate agent in respect of any transaction in his or her capacity as a real estate agent shall be paid to the person lawfully entitled thereto or as that person may in writing direct: Provided that where the real estate agent is in doubt on reasonable grounds as to the person who is lawfully entitled to any such money, he or she may retain that money in his or her trust account until the person lawfully entitled has been ascertained, but shall take all reasonable steps to ascertain as soon as practicable the person so entitled.Except in pursuance of an order of a Court of competent jurisdiction or an authority signed by all the parties to the transaction, where a real estate agent receives any money (other than money received by way of rent from the letting of any land) in respect of any transaction, he or she shall not pay that money to any person for a period of 10 days after the date on which he or she received it; and, if at any time while he or she holds any money on behalf of any party to the transaction he or she receives written notice of any requisitions or objections in respect of the title to any land affected by the transaction, he or she shall not at any time pay that money to any person except in pursuance of such an order or authority. In general, the principles promoted by the Act, It is a criminal offence for an un-discharged bankrupt to engage in estate agency work except as an employee of another person or as an employee of a company of which he is neither a director nor has control, it is also a criminal offence for anybody carry on the business of an estate agent, unless the agent is the holder of a licence issued in accordance with the Act. 2. 9. 2 Valuers, Appraisers And Estate Agents Act 1981 (Laws Of Malaysia Act 242). The Valuers, Appraisers And Estate Agents Act 1981 of Malaysia consists of 8 parts and 35 sections.The first Part focuses on the interpretation of terms, the second part addresses the appointment, duties and powers of director general of valuation and property services and other officers, the third part consists of the board of valuers, appraisers and estate agents, the fourth part addresses on the registers, the fifth part addresses on the valuers and appraisers and the estate agents, the sixth part also addresses the firms, the seventh part consists of the disciplinary and other proceedings and lastly the eighth part addresses generally on offences, search by warrant,search and seizure without warrant,list of things seized,penalty for other offences, immunity of board, agmonsts others. The board of valuers, appraisers and estate agents regulates the works of estate agents in Malaysia. The act therefore explains estate agency practice as means of acting or holding oneself out to the public as ready to act, for a commission, fee, reward or other consideration, as an agent in respect of the sale or other disposal of land and buildings and of any interest therein or the purchase or other acquisition of land and buildings and of any interest therein or in respect of th e leasing or letting of land and buildings and of any interest therein.Subject to section 22A, an estate agent can be registered if he has attained the age of 21 years and is of sound mind, good character and has not been convicted of any offence involving fraud or dishonesty or moral turpitude during the five years immediately preceding the date of his application, he is not an undischarged bankrupt; he satisfies the requirements of section 22D, he has made a declaration in the form and manner prescribed by the Board, he has paid the fees prescribed by the Board and he is not under suspension from valuation or estate agency practice nor has his name been cancelled from the Register. Subject to the provisions of this Act, section 22B explaines that a registered estate agent who has been issued with an authority to practise by the Board shall be entitled to practise his profession and shall be authorised to undertake estate agency practice. Subject to subsection (2), no registered es tate agent shall carry on property management.According to section 22C No person shall unless he is a registered estate agent and has been issued with an authority to practise under section 16 is allowed to practise or carry on business or take up employment under any name, style or title containing the words estate agent, house agent, property agent, land agent, house broker or the equivalent thereto, in any language or bearing any other word whatsoever in any language which may reasonably be construed to imply that he is a registered estate agent, he is also not allowed to display any signboard, or use, distribute or circulate any card, letter, pamphlet, leaflet, notice or any form of advertisement, implying either directly or indirectly that he is a registered estate agent, an estate agent is not allowed to offer for sale or invite offers to purchase any land, building and any interest therein irrespective of whether such land, building and interest is located within Malaysia or outside Malaysia: Provided that where foreign properties are to be marketed in Malaysia, such offer or invitation shall be made by or through an estate agent practising and residing in Malaysia. An estate agent is qualified when he has complied with section 22D of the Act which states that, any person who has passed the examinations prescribed by the Board or who has obtained qualifications which the Board recognizes as equivalent to such examinations may apply to the Board to be registered as a probationary estate agent.A probationary estate agent shall be required to obtain the practical experience and to pass the Test of Professional Competence prescribed by the Board or any equivalent test or examination recognized by the Board. Where a probationary estate agent has complied with the requirements of subsection (3), he may apply to the Board to have his name entered in the Register. Under section 24, if an estate agent has contravened or failed to comply with any of the provision s of this Act or of any of the rules made thereunder and has been found guilty by the Board of any professional misconduct or of any act or conduct which in the opinion of the Board is infamous or disgraceful, the board shall suspending his practice for a eriod not exceeding three years or imposing a fine not exceeding ten thousand ringgit and recording such fine in the appropriate Register and that he be suspended from practice until the fine is paid. The valuers, appraisers and estate agents act 1981 regulates the affairs of estate agents in malaysia and the act is regulated by the board of valuers, appraisers and estate agents. The board in general does not allow the practise of unregistered estate agent unless he is registered under the board as an estate agent and actions are taken when a registered estate agent fails to complie with the provisions of the act . In other words, estate agency in malaysia is recognised under the valuers, appraisers and estate agents act 1981. 2. 9 . 3 Estate Agents Act 1980 (Austraila)Estate Agents Act 1980 of Austraila comprises of 9 parts and 102 sections. The first part writes on the introduction and definitions, the second part consists of the Estate Agents Council, the third part addresses licences of estate agents , the fourth part consists of the agents and agents' representatives, the fifth part addresses builders and subdividers of land, the sixth part consists of accounts, audit and monitoring of estate agency business, the seventh part addresses victorian property fund, the eighth part consists of miscellaneous and lastly the ninth part addresses on transitional and savings. The activities of an estate agent is regulated by the estate agents council.Section 6B of the act states the functions of the council, to monitor the operation of this Act and the regulations, also to monitor the provision of services by estate agents and developments in the real estate industry generally and to monitor and evaluate the effecti veness of any procedures set up to deal with disputes between estate agents or between estate agents and persons dealing with estate agents relating to services or the charging of commission. Subject to section12 of this Act an individual shall not either by himself or as a member of partnership exercise or carry on or advertise notify or state that he exercises or carries on or is willing to exercise or carry on the business of an estate agent, or act as an estate agent, or in any way hold himself out to the public as ready to undertake for payment or other remuneration (whether monetary or otherwise) any of the functions of an estate agent unless he is a licensed estate agent.A person (other than a corporation) under section14 shall not be eligible to be granted an estate agent's licence unless he is not less than eighteen years of age and he has passed any courses of instruction or examinations prescribed by the regulations and during the 3 years immediately before applying for t he licence been engaged in full-time employment as an agent's representative for not less than one year or for periods amounting in the aggregate to one year; or part-time employment as an agent's representative for not less than the equivalent of one year of full-time employment or for periods amounting in the aggregate to the equivalent of one year of full-time employment or he has within the period of five years immediately preceding his application held an estate agent's licence; or she or he has met any other requirements establishing competency set out in the regulations.Therefore Despite subsection (1), a person is eligible to be granted an estate agent’s licence if he or she satisfies the Authority that he or she has been licensed or otherwise authorised under the laws of another place or country to carry on a business in that place or country and also he has an adequate knowledge of Victorian estate agency law, practice and procedure, including accounting. Subject to section16 a person is eligible to be employed as an agent's representative if she or he is at least 18 years of age and has passed any prescribed courses of instruction or examination; and has not, within the last 10 years in Australia or elsewhere, been convicted or had found proven against him or her any offence involving fraud, dishonesty, drug trafficking or violence which was punishable by imprisonment for 3 months or more.Section 99 gives the power to the Governor in Council to may make regulations, requiring estate agents to give consumers of their services information in relation to those services in a form specified by the regulations or approved by the Director and the responsibilities of the officer in effective control of the estate agency business of a licensed estate agent that is a corporation with respect to the supervision and control of that business. 2. 9. 4 The Estate Agents Act (Chapter 533) Kenya Estate Agents Act cap 533 of Kenya comprises of 7 parts and 27 s ections. The first part writes on preliminary and interpretation of terms, the second part consists of the establishment of the board, the third part addresses the registrar and the register, the fourth part consists of the registration of estate agents, the fifth part addresses restriction on practice, the sixth part consists regulation of conduct and lastly the seventh part addresses miscellaneous provisions. The activities of estate agents in kenya is regulated by the Estate Agents Registration Board.The Board shall be charged with the responsibility of registering estate agents and of ensuring that the competence and conduct of practicing estate agents are of a standard sufficiently high to ensure the protection of the public, and for that purpose may exercise the powers conferred, and shall perform the duties imposed, upon the Board by the provisions of this Act. Estate agents are registered by the baord under sections 6;7, the Minister shall appoint a public officer as the reg istrar of the Board whoshall keep and maintain a register in which the name of every Person accepted by the Board for registration under this Act shall be entered showing the date of the entry in the register, the address of the person registered and the qualifications of the person. The register shall be published in the Gazette, at the beginning of each year, a list containing the names, addresses and qualifications of all registered estate agents.Subject to part iv (section13) of the Act, a person who is a citizen of Kenya shall be entitled, on making application to the Board to be registered under this Act and have his name enter in the register if he is a member of the Institution of Surveyors of Kenya, or a corporate member of the Royal Institution of Chartered Surveyors and he is qualified to be or is a member of the Institution of Surveyors of Kenya or the holder of a degree, diploma or license from any university or college or school which is recognized for the time being b y the Board or a person who is the holder of a degree, diploma or license of a university or college or school or a member of an institution the membership of which is recognized for the time being by the Board as furnishing sufficient evidence of an adequate academic training for practice as an estate agent and has had, to the satisfaction of the Board, practical post-qualification experience in such practice of not less than two years of which not less than six months has been in Kenya. Notwithstanding the fact that he has sufficient qualifications under subsection (1), the Board may require an applicant for registration as an estate agent under this Act to satisfy if that his professional and general conduct has been such that, in the opinion of the Board, he is a fit and proper person to be registered under this Act and the Board may direct the registrar to postpone the registration of an applicant until it is so satisfied.Part v (section 18) of the Act writes on the restriction on practice and it states that no individual shall practice as an estate agent unless he is a registered estate agent also no partnership shall practice as estate agents unless all the partners whose activities include the doing of acts by way of such practice are registered estate agents, therefore any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding twenty thousand shillings to imprisonment for a term not exceeding two years or to both. Under section 23, if a registered estate agent is convicted of an offence under this Act or is after due inquiry found to have been guilty of an act or omission contrary to the public interest or amounting to professional misconduct the Board will have his registration under the Act suspended or caution the person and may also order that such caution shall be entered on the register or impose a fine not exceeding five thousand shillings upon that person or Order that the name of the person shal l be deleted from the register.The comparative study on the laws of the different countries shows that estate agents are recognised in their respective institutions and the activities of an estate agent is regulated by the respective Boards or Councils. However in Nigeria, estate agency activities are not regulated by any legislatilon. In addtion, there are no provisions for regulating estate agent activities by the Estate Surveyors and Valuers registration Board in Nigeria and the regulating law of Estate Surveying and Valuation profession : â€Å" Estate Surveyors and Valuers (Registration, ETC. ) Act 1975† of Nigeria did not make any provisions for regulating how estate agency should be practised in Nigeria. Subject to section 18 of Estate Surveyors and Valuers (Registration, ETC. ) Act, 1975, every Estate Surveyor and Valuer shall be ssued with a Seal and Stamp on registration and all professional duties performed by and/or emanating from his office or under his hand shal l bear the Stamp and Seal issued by the Board. 2. 10. The Real Estate Profession The Estate Surveyor and Valuer is any person duly registered by the Estate Surveyors and Valuers Registration Board of Nigeria (ESVARBON) to practice the profession of Estate Surveying and Valuation throughout the Federation of Nigeria. ESVARBON as established by the Estate Surveyors and Valuers Registration Act No. 24 of 1975 (now CAP HI Laws of the Federation of Nigeria 1990) is the regulatory body of the Estate Surveying and Valuation profession in Nigeria, and the only body legally authorized to register persons fit and qualified to practice the profession.Therefore practices in the profession constitutes; Land Economy, Real Estate and Allied Matters, Valuation and Apprasial of Plant, Machinery and Business Assets, Land and Facilities Management, Building Maintenance, Property Development and Investment, as well as Land Administration Systems. The professional duties of the Estate Surveyor and Value r in practice as enunciated by the Nigerian institution of Estate Surveyors and Valuers (NIESV), which is the umbrella association for all Estate Surveyors and Valuers in Nigeria include: 1. Determining the value of all descriptions of landed property and of the various interests therein; 2. Managing and developing Real Estates and business concerned with the Management of landed property. 3. Securing the optimal use of land and its associated resources to meet social and economic needs. 4.Surveying the structure and conditions of buildings and their services and advising on their maintenance alteration and improvement. 5. Determining the economic use of resources of the construction industry and the Financial appraisal and measurement of construction work. 6. Selling (whether by Public Auction or otherwise) buying or letting, as an agent, real or personal property or any interests therein, and to maintain and promote ‘the usefulness of the profession for the public advantage. 2. 10. 1Requirements for Qualification as an Estate Surveyor and Valuer The practice of estate agency is a very delicated one, anyone who is an estate agent must be a professional in the practice and the set rules which regulate and guide the conduct of the practitioners.Therefore a professional estate agent is expected to keep and maintain a high degree of inteligence, honesty, competence and ethical responsibility standard for integrity is the watchword of estate management practice in general. A professional estate agent must have undergone a period of training in the field of estate management, passing five ’Ordinary Level credits in subjects like Mathematics, English Language, Economics and two science subjects which would facilitate an admission to study Estate Management in accredited polytechnics or universities. After the completion of either Higher National Diploma (HND) or a B. Sc degree in Estate Management, a graduate HND holder, from an accredited polytechnic, will sit for the Professional Qualifying Examination Stage 3 (PQE 3) while graduates of non-accredited university or polytechnic will sit for PQE 2.Success in the PQE examination will enhance participation in the Professional Practice Examination (PPE) which will be followed by the writing of a Critical Analysis subject to the approval of a synopsis. The Professional Practice Examination (PPE) and the Critical Analysis writing stage, however, is the entry point for a university graduate with a B. Sc degree in Estate Management. Those that scaled through the Critical Analysis Stage (either through HND or B. Sc entry point) will now face the Membership Committee of the NIESV for an interview to become an Associate Member of the body and, thereafter, apply for full registration with the Estate Surveyors and Valuers Registration Board of Nigeria (ESVARBON) in accordance with decree 24 of 1975.Lastly, such an associate would be registered by the Board (ESVARON) and during the course of r egistration, would be interviewed and if sucessful, given a seal. It is at this point one can be called a full- fledge valuer and carry out valuation without supervision. The professional estate agent goes beyond buying, selling and leasing of intrest in land and landed properties. He is bound to be deligent, honest and in a position to educate his client on the type of property to buy, be able to negotiate and have innovative thinking. Amongst other things, the estate agent should have the knowledge of all other fi

Dove: Evolution of a Brand

Dove should employ a strategy that takes full advantage of building an emotional connection with its target customers. Dove’s target customers are women. Women are 50% of the world’s population, and they are the key decision-makers for soap purchases in most households. Dove has already made clear that its target is women through it Campaign for Real Beauty. Dove needs to expand on its brand image through use of the internet, including social media. Dove needs to continue to differentiate itself from competitors. Dove is not just a soap, not just a moisturizer, not just a set of products.Dove has a very important socio-political constituency it seeks to represent as a brand. That constituency is all people, especially women, who want to change the standard image of beauty portrayed in the media and develop a new and far more diverse standard. Dover isn’t about making women feel more beautiful; Dove is about making more women feel beautiful. It positions itself as the brand that celebrates women and their diversity of beauty while helping them achieve their personal ideal of self-beauty through use of its high quality products. Dove needs to continue with its bold strategy which goes completely against the grain.The strategy of portraying the messages/point of view of the consumers as opposed to the message of the brand/company. Allow the brand to become what the target consumer says it is. In other words, allow the brand to represent the unified voice of women as much as possible around the idea of beauty. This bold strategy brought Dove a lot of attention worldwide and kept it in the media, including heavy attention on the worldwide web. Regarding the internet, it is thanks to the internet that Dove’s brand image and message(s) can spread like wildfire very rapidly around the globe.The internet presents an amazing opportunity for brand managers to promote their brand to their target consumers almost instantaneously through a number of different media formats and outlets. And, it allows the customer to interact with the brand in ways that did not exist before the internet. This customer interaction is very key to Dove’s ongoing brand strategy†¦when people feel involved, they develop a greater sense of ownership of or commitment to a brand. The brand identity can really begin to represent personal identity. And, I think that is what Dove wants.Dove wants women to see Dove products as part of their personal identity because they are proud to use Dove products due to its brand identity standing for what they personally stand for. Brand strategy is the how, what, when, and to whom you plan on communicating your product or service. Having a clear and concise brand strategy leads to stronger overall brand equity — how people feel about or perceive your product, and how much they are willing to pay for it. A company or product’s brand is what customers perceive about the company/product.And, the brand message needs to be consistent whether it is sent out through traditional media or over the internet. As a tactic using the internet, Dove can use the power of audiovisual imagery to paint Dove’s brand image and share it with millions of people instantly. YouTube, Google Video, Facebook, etc are all powerful tools where people consume media, comment on it and share it. Dove should use its consumers in its videos†¦ ordinary women. And, it should use compelling stories and messages to support its brand message of Real Beauty.And, it should encourage â€Å"word-of-mouth† spreading of these images and message. In other words, Dove can tap into the power of viral marketing to boost its brand awareness and solidify its consistent brand image. Its basic message is that 1) Dove products are high quality beauty care products for women who are all beautiful in their own way, 2) Dove products supports all women in realizing and achieving their ideal personal image of beauty, 3) Dove rejects the current singular standard of beauty portrayed in mass media as too narrow and destructive to women as a whole.Dove should have contests as well as rewards for its loyal customers who engage with the brand through social media and on official Dove websites. Everyone likes gratitude. And, companies should show gratitude towards their supporters. This will lead to greater brand loyalty. And, the online involvement can be so effectively but inoffensively intrusive into customer’s lives. For example, Lay’s Potato Chips ran an incredible contest over Facebook for customers who were challenged to create the next Lay’s flavor.It was a huge success by all accounts. Everyone I knew had heard of the contest and had participated by submitting ideas or sampling the top 3 flavors once they arrived in stores. The winner received $1million. The idea and execution were brilliant. And, Facebook was the platform. Dove can do this sort of thing as wel l or Facebook, Instagram, Twitter, YouTube, etc. I believe video contests would be most effective for Dove because of the power of that medium to share the voice and image of women in their natural state.Dove can also even engage celebrities in this effort to boost the attention and appeal†¦ celebrity women in their natural state without airbrushing and heavy makeup. Dove already has positioned itself very well to differentiate itself from its competitors and to target a large key customer segment. It now needs to take advantage of that position and further engage the emotional connections of its customers to build great brand loyalty.

Supply Chain Managment Essay Example | Topics and Well Written Essays - 1000 words

Supply Chain Managment - Essay Example The environmental changes have given rise to problems such as uncertain climatic changes that threaten the existence of all life forms. The Mileage calculator introduced a new parameter of monitoring the addition of pollution in the environment. In the mean time, by utilizing an unbroken supply chain with quality and cost effectiveness, the supermarket suppliers develop new supply chains from farm lands to the supermarket with innovation and new strategic allies. These supply lines some times use airplanes, some times trains and of course all of them use the road routes. For example, The Netherlands is the fourth biggest European Union exporter of fresh fruits. The largest export includes grapes 16%, apple 15% and orange 9% (CBI, 2005), Recommendations to Corporate Strategists As a consultant to the corporate strategists of the fruit and vegetable supermarket I recommend that the corporate should not compromise on the quality of the products at any cost. Secondly, it has to take step s to offer the best price to their customers. Thirdly, the environment sustainability issue should also be a major concern for the corporate. The quality of the product should be maintained within the over all cost, no matter from where the products get imported. As far as the millage calculator is concerned, most of the time there are no other solutions to use means of transportation like buses, trains, and air planes to transport fresh products to the customers. The cost (in terms of cash, environmental sustainability, labor and sometimes the quality) does not rely upon the nearest available products in comparison to fresh products from far places. Here the question arises that how to maintain the affordable cost for the customers... This paper approves that the earth is facing new challenges in the form of global warming, toxic rains, earthquakes, floods, melting of icebergs and big typhoons as well as cyclones and hurricanes. The environmental changes have given rise to problems such as uncertain climatic changes that threaten the existence of all life forms. The Mileage calculator introduced a new parameter of monitoring the addition of pollution in the environment. In the mean time, by utilizing an unbroken supply chain with quality and cost effectiveness, the supermarket suppliers develop new supply chains from farm lands to the supermarket with innovation and new strategic allies. The quality of the product should be maintained within the over all cost, no matter from where the products get imported. As far as the millage calculator is concerned, most of the time there are no other solutions to use means of transportation like buses, trains, and air planes to transport fresh products to the customers. The c ost does not rely upon the nearest available products in comparison to fresh products from far places. This essay comes to the conclusion that according to the corporate strategy the corporation should take care about the performance in terms of 'ethical' and 'cost' bases. The corporation should be very clear about their target customers with respect to their choice. If customers do not compromise on cost and compromise on quality then definitely it should not be your target.

Music Critical Analysis Essay Example | Topics and Well Written Essays - 250 words - 1

Music Critical Analysis - Essay Example Additionally, as the massacre begins to unfold, the original score tends to utilize homophony as the percussion is boosted. It comes as no surprise since the percussion was and is considered a sign of military parades and hence military strength. On the other hand, the adapted score continues as an oratorio as the musical score tries feebly to support on screen actions during the massacre. Another distinctive feat in the original score is the use of dissonance to introduce multiple new elements such as strings with the original percussion. The musical score’s rhythm and melody are pressed upon further in order to relate the music to the developing climax. However, the adapted musical score is far more flat since the rhythm fails to accrue various beats in order to augment the development of the entire piece. In a similar manner, the original score features a number of differentiated tones before it relegates itself to the end as the entire composition begins to signify an ending. However, the adapted musical score continues unabated in a single composition to the very end providing a trite homophony that fails to highlight the start, climax or end of the visual

Free movement of person in EU law Essay Example | Topics and Well Written Essays - 5000 words

Free movement of person in EU law - Essay Example The European Union headquarters is in Brussels, Belgium. European Union law is the unique legal system which operates alongside the laws of Member States and overrides national law in many areas especially in terms of economic and social policy . EU is not a federal government, nor it is intergovernmental organization. The European Union (EU) was established in 1993 by the 12 nations of the European Community. The EU works toward better political and economic integration and cooperation between member nations. Austria, Finland, and Sweden joined the EU in 1994 (Encarta,2003). The European Union was formally established on November 1, 1993. It is the most recent in a series of European cooperative organizations that originated with the European Coal and Steel Community (ECSC) of 1951, which became the European Community (EC) in 1967. The members of the EC were Belgium, Denmark, France, Germany, Greece, Ireland, Italy, Luxembourg, The Netherlands, Portugal, the United Kingdom, and Spain. In 1991 the governments of the 12 member states signed the Treaty on European Union (commonly called the Maastricht Treaty), which was then ratified by the national legislatures of all the member countries. The Maastricht Treaty transformed the EC into the EU. In 1994 Austria, Finland, and Sweden joined the EU, bringing the total membership to 15 nations, (Encarta,2003). The EU has a number ... With the exception of EMU, which went into effect in 1999, progress toward these goals has been erratic. The EU's ability to achieve its goals has been limited by disagreements among member states, external political and economic problems, and pressure for membership from the new democracies of Eastern Europe,(Encarta,2003).. EU Law is composed of three pillar structure based on different treaty namely: 1. Treaty of the European Communities signed in Rome 1957 deals with the law concerning social rights and economic foundations of the single market. It is considered as the oldest and the most important pillars where European Community (EC) law originated. 2. Treaty of European Union (The Maastricht Treaty,1992) which involve Common Foreign and Security Policy (CFSP) and; 3. Police and Judicial Co-operation in Criminal Matters (formerly 'Justice and Home Affairs') That European Community (EC) Law represents the firts pillar of EU Law. Community Law is the law of the member states of the European Union (EU), as adopted by the Union's Council of Ministers. The European Court of Justice interprets and applies EU law. Community law forms part of the law of states and prevails over national law (Encarta, 2003). In July 1967 the three organizations (the EEC, the ECSC, and Euratom) fully merged as the European Community (EC). The basic economic features of the EEC treaty were gradually implemented, and in 1968 all tariffs between member states were eliminated. No progress was made on enlargement of the EC or on any other new proposals, however, until after De Gaulle resigned as president of France in May 1969. The next French president, Georges Pompidou, was more open to new

National Literacy Strategy Essay Example | Topics and Well Written Essays - 1000 words

National Literacy Strategy - Essay Example To address suggestions on improving the ways in which children learn to read, the National Literacy Strategy was conceived in 1998, but by 2003 it was evident that more new concepts were needed. Results indicated that areas of need for children learning how to read still existed. Marian Sainsbury, principal researcher at the National Foundation for Educational Research, includes in a Literacy Today article (2004) a survey of 4,671 children, Years 4 and 6 combined, comparing 1998 with 2003, which shows that in 2003 children were significantly less interested in reading and going to the library, more interested in watching TV [SEE chart, next page]. Children surveyed in 2003, "after five years of teaching according to the National Literary Strategy" (par. 11), did show more confidence and independence, but although there had been some improvement in reading skills for the pupils in England, by comparison, their enjoyment of reading was poor. Sainsbury notes that teachers rather than the children often choose the reading material for the "literacy hour" in some schools. This is a practice that might discourage a child's interest in further reading, since the child has no input. Children do prefer reading by themselves silently and at home, and giving them more choices in the school setting might well increase their interest level. In a University of Reading press release (2003... They were invited to discuss the subject further by writing brief papers, expressing their concerns. The published papers are presently available at www.ncll.or.uk. According to the press release, "The authors argue against attempts to analyse and categorise the novel, story or poem, to 'stick labels on it, teach-and-preach it into a coma . . . or kill it off altogether with some kind of test' " (par. 3). The effort to meet curriculum needs in the classroom in early education creates stress, and teachers don't feel they can give pupils more freedom to learn at their own pace because they have to meet certain standards. Some of the issues addressed by the Early Years Curriculum Group (2000) that continue to be relevant in 2006 are listed below. They confirm the need for a more relaxed setting: The current emphasis on literacy and numeracy is having a negative effect on some young children's earliest experiences, particularly in the maintained sector and most particularly in children's reception year (par. 1.2) There is substantial evidence from research in this country, and from overseas, that a later start to more formal aspects of language and literacy learning will lead to quicker gains in competence in reading and writing, and actually to higher standards at age nine or 10 (1.5). Reporter Wendy Berliner, in her Guardian article "War of Words" (2005), outlines the success of a Scottish reading program using synthetic phonics and discusses the pros and cons of the system. In 1998, three hundred Scottish children were taught to read using diverse programs. Of the three programmes followed, synthetic phonics showed the best results after seven years. The proponents of

Public Relations Essay Example | Topics and Well Written Essays - 500 words - 3

Public Relations - Essay Example The essay "Public Relations" deals with how a product’s perception can influence its sale and growth. Regardless of the quality, product perception (Alan Louis Hospital and the Pedophile book) can determine whether the product is deemed valuable or invaluable by the general public. Therefore, there is need to brand a product successfully in order to attract new customers and ensure the loyalty of existing customers. According to Barnett, the Alan Louis Hospital case study provides an ideal opportunity for comprehensive analysis. The hospital, though not well known, has a variety of strengths, which include its high ranking position in patient care when compared to the other more established hospitals in the region, its better customer care service due to its lesser size, allowing for better patient care and treatment, highly qualified personnel, up to date medical facilities and equipment, good patient relations and good brand image. However, the hospital is plagued by a few weaknesses, such as its poor market penetration and brand recognition. Despite its quality services and positive patient reviews, the hospital is not well known, which has led to lower patient entry levels. The hospital’s major competition is the other mainstream hospitals in the region, which has better brand recognition. It is quite easy to remedy these situations if the hospital can be able to utilize its opportuni ties, which include social media, advertisements, regional health care expos, billboards and broadcast media.

Meno's Paradox Assignment Example | Topics and Well Written Essays - 1000 words

Meno's Paradox - Assignment Example This evidenced in the argument between Meno and Socrates, whereby, they both agree on prior knowledge. Meno can be referred to as Socratic dialogue written by Plato. It aims to find the definition of arà ªte or virtue. In this regard, it means virtue in general manner rather than particular virtues such as temperance and justice. In response to Meno’s paradox, Socrates comes up with new ideas of immortality of the soul, the theory on knowledge as a recollection, which Socrates illustrates by posing a mathematical puzzle to one of Meno’s slaves. In this paradox, Socrates tries to find a distinction between true belief and knowledge. In this dialogue, Meno suggests that inquiry is not possible. The argument that meno brings forth is known as meno’s paradox. As a solution to this disturbing paradox, Socrates constructs a theory of recollection (Meno 71). Meno asks Socrates whether virtue can be taught. In response, Socrates says that he does not know anything like virtue and in his entire life; he has never known anyone who is virtuous. In their argument, Meno tries to define virtue as power of command with exceptions in that there are virtues for those who command and those who obey and that the power of command must be exercised either justly or unjustly. On his part, Meno is willing to accept that virtue exist and can be taught. On his side, Socrates had no difficulty of admitting that there is virtue of good, and that the goods whether of mind or body are under direction of knowledge. Basing on this assumption, it can be deduced that virtue is teachable. In this paradox, there are two notions involved in that it is possible to overcome Meno’s paradox without difficulty and on the other hand, Socrates theory of recollection which is used as a response to the paradox but as the solution. The Meno’s paradox states that a man cannot inquire either about what he or she does not know or what

Case Study of Target Company Example | Topics and Well Written Essays - 1500 words

Of Target Company - Case Study Example In the evaluation of the cash dimensions, attempt is made to identify and determine whether the reported earnings are supported by the cash flow. For instance, cash flow would holdup incomes for a firm that has provided its clients with prolonged payment agreements or that has accrued inventory in expectation of augmented future sales. Such lagging cash flow would blight earnings quality on the cash dimension. The balance sheet plays a very vital document in assessing the quality of earnings of a firm. The term position quality is commonly referred to the balance sheet when used to calculate the quality of earnings. The position quality is impaired if the assets of the firm are carried at amounts that surpass the fair value or when obligations are carried at amount less than that required to liquidate them (Lewis & Indiana University, Bloomington, 2007). Quality of earnings analysis is, therefore, an essential characteristic of the assessment process is obtaining a clear comprehension of the targets quality of earnings. An evaluation of the quality and sustainability of incomes should be carried out early. Evaluations enable an earlier encouragement or a dissuasion conclusion and certify that baseline assessment methods are rational and impregnable in the determination of pricing and other deal terms. Comprehending the sustainability of earnings and how that influences on business deal value and forecast modeling is vital to sail across the exceptional features of any deal. The intension of this summary information on discrete companies hence is to enable more emphasis and consideration on one or more dimensions of quality of earnings. For instance, might pinpoint non-recurring additions that thought to have reduced the companys incomes on the persistence approach. Alternatively, lessening cash flow may be the objective, impairing q uality of earnings on the cash aspect. Finally, for some firms might look at the balance

American Health System Research Paper Example | Topics and Well Written Essays - 1750 words

American Health System - Research Paper Example The United States of America spends almost two trillion dollars on health care making it the country spending the most money per capita and with the most technologically advanced medical practice. Despite this, it only ranks 37th in the World Health Organization’s ranking of the World Health Systems. (WHO, 2000) Such state of affairs exists primarily because the American system of health is extremely fragmented. Along with past of half-hearted efforts to form a universal system of health while at the same time bending to the interest of large private sector insurance companies has reduced the American health system to a patchy arrangement with complicated rules ( which differ in different areas) and huge wastage of resources. This fragmentation of the system has developed due to the multiple stakeholders in the system coupled with the rising costs for healthcare provision. (Arthur Garson, 2010)   One fact that cannot be ignored is that a lot of money is being invested each year on healthcare in America. More percentage of GDP is spent on health care than on food. The governmental expenditure on healthcare sums up to 18.9 percent of the total federal and state budget (WHO). Then there are the private and employment-based insurances which are continuously rising. Despite the increased spending on health care, we find that it has not translated into a universal or better health system. This is partly due to the gross inefficiency in the system. As the health sector becomes a larger fraction of the economy the inefficient functioning of the sector become even more costly. Despite this, some health policy analyst argues that increased expenditure on health is necessary to cover the population and continue the cutting edge advancement in technology.     

Criminal Theory Essay Example for Free

Criminal Theory Essay People with anti-social behaviors are defined by â€Å"A persuasive pattern of disregard for, and violation, of the rights of others that begins in early childhood or early adolescence and continues into adulthood. † (Walsh and Hemmens page 238) People with this disorder are up for greater health risks, for the disorder makes a person be a risk taker, usually engaging in smoking, alcohol, risky sexual behavior’s and drugs. Their also at risk for they are prone to depression, inflicting self-wounds and violent acts towards others. In this state of mind people are emotional, non-cognitive, and have low self-esteem. Making them act out in violent manners. This behavior is linked to childhood. As a child if something wasn’t right, they were shy or forgotten they probably put on a mask and faked being what society views as normal. They are not connected with society. And they do not understand social norms. They have become experts on faking feelings, and they do not know emotion or empathy. These people are deceitful, manipulative, egocentric, selfish and lacking guilt. Dealing with regards of crime and Anti-social disorder, the criminals often view that their victims were not â€Å"wrong†. Drug users viewing their addiction to a social norm that isn’t there. They do not understand what they are doing is wrong and have no sense of guilt or cognitive thinking process. They do not feel any kind of remorse for the things of which they have done simply because they cannot empathize with the people or actions against which they are offending. Neutralization theory was created by Skyes and Matza. This theory explains that the offender has a positive view on the crime he or she has committed. Also similar to Anti-Social individuals these criminals view that they have done nothing wrong. Unlike Anti-Social disorder, Neutralization theory states that the offender puts the excuses in their own head, not merely understanding the social norms. There are five techniques that Neutralization theory uses in justifying their crimes. The first way people neutralize their crimes and actions they have done is called â€Å"Denial of Responsibility† which is shifting the blame from the offender to the victim. An example is when a rapist says in court â€Å"she was asking for it the way she was dressed and or acting. † They feel absolutely no guilt for the crimes that they have committed. They feel no responsibility at all for the victim and their injuries. The second technique is called â€Å"Denial of Injury†. This is where the offender has no attachment to the crime and has not caused any real injury or offenses. An example of this would be a person breaking a entering and smashing a window in and claiming â€Å"the insurance will cover it. † â€Å"Denial of Victim† is the third technique. This is where the offender says the victim received what they deserved, almost viewed as karma. Most domestic cases portray this, saying significant other or victim got what they deserved from these actions. The fourth technique is â€Å"Condemnation of the Condemners† where the offender states part of the blame on the condemners. These condemners are police, parents, probation officers, etc. An example of this would be the criminal blaming the officer for planting evidence on them or the crime scene and not taking any of the responsibility that it was there’s. Number five is â€Å"Appeal to a Higher Loyalty†. This is where the offender in committed and or loyal to something or someone in their life for the greater good according to their beliefs. Things that would fall under this category re murder or assault. A good example of this would be a person under mafia rule murdering someone for the leader or the greater good of that mafia. Ted Bundy was made famous for his criminal actions. His five-state murder spree was not lightly forgotten. Bundy killed over 100 women and only gave information about where the bodies were of fifty of the acclaimed victims. Comparing hi s life, actions, and behavior point to Anti-Social Behavioral theory and Neutralization theory the most. Putting these theories to the test trying to profile a serial killer. Theodore Robert Cowell was born in 1946 to an single mother that moved in with her parents. He grew up thinking his grandparents were is parents and his mother was his sister. Later in life his mother married and he became Ted Bundy. Growing up he was a â€Å"normal† child, he was an attractive teen that was well liked in school. He did relatively well in his academics. He was known for being shy; people profiled him to be socially awkward. He never did grow out of this stage and the profile followed him to college. Bundy went first to the University of Puget Sound. It was a highly regarded school and many of its students were wealthy. This made ted feel inadequate and inferior due to financial aspects. He left and went to University of Washington. His shyness held him back with social activities and dating, but Bundy did find someone that he fell for. They had the same skiing passion, spending most of days on the slopes. And he soon fell in love and became obsessive. He tried impressing her with receiving scholarships and accomplishments but they fell flat. She ended the relationship saying he wasn’t going anywhere in life and wasn’t husband material. This haunted him for the rest of his life and fell into an extreme depression. While in this depression he had dropped out of school. His anti-social behavior got worse. Also during this time he found out who his mother actually was. Bundy was a on a slippery slope downhill, he was labeled as a petty thief. He soon came out of his depression had false bravo, went back to college and got a bachelor’s degree in psychology. With his new found self he was on top of the world. He was with a new woman that adored him and his first love wanted him back. He had one foot in the political arena. During his time at college women had gone missing from campus. They narrowed the quest down to a man asking for help then kidnapping the women. Bundy being smart realized it was only just a matter of time till local officials connected the dots. So Bundy moved to Utah and enrolled in the University of Utah. He didn’t stop his attacks just because he had moved. Women were being abducted and reported missing at the campus and malls around the city. While in Utah police had discovered a graveyard of bones. They eventually put the dots together and figured out it was Ted. They now knew that he was dealing with a criminal that could go across state lines. Bundy didn’t stop at Utah he also went to Colorado during ski season and killed women there before he was finally caught due to a car suspicion. He was charged with kidnapping charges. During his trial he was charged with murder of one known victim. But he escaped out the library widow being his own attorney. He made his way down to Florida where he rented a house at Florida State University. He was known for his sorority house killings. Ted Bundy was arrested again due to evidence of teeth impressions on a victim’s chest. He was charged with murder and recieved a plea bargain of three twenty five year sentences. He refused the plea and wanted another trail during this time new evidence came forward and at the new trail he was sentenced to death by means of the electric chair. Prior to his death he attempted over 100 murders, keeping some heads of his victims and necrophilia. When asked why he did everything he blamed it on his early exposures to pornography as his stimulants to his obsession with murder. Ted Bundy falls under a lot of different theories but Anti-Social Behavioral theory is most demanding. He was awkward in his youth, not in a strong stable family life, had difficulty dating and participating in other social events. He wore a mask covering himself from the world. He knew he was different and had to change or it would be noticed, so he became a well-known member of society and was respected. He felt no remorse for things that he had done. This action falls under Psychopathy, he found pleasure in re-living kills. Going towards Neutralization theory he blamed the women for the things that he had done. He connected them to his college girlfriend that had dumped him. That they needed to die because of what she did to him. That neutralized any feeling he had towards making these killings. He strongly viewed he was not at fault, and he plead not guilty until he was on the electric chair. In an interview he states â€Å"I don’t know what made people want to be friends. I don’t know what made people attractive to one another. I don’t know what underlays in these social interactions. † The above statement proves my point of the Anti-Social Behavior. He was lacking things that we as â€Å"normal† human beings understand. He goes on to answer the question â€Å"Are murders born or made? Nature vs. nurture? † it’s still an ongoing debate to this day. In my opinion and conclusion Ted Bundy was nurtured.

Human Resource Is the Most Important Asset of an Organization Essay Example for Free

Human Resource Is the Most Important Asset of an Organization Essay This essay will provide a definition to Human Resource (HR) and determine whether HR is the most important asset in the organization. The first part of the essay will discuss the importance of human resource and how is it is essential to the success of any organization. The second part will identify the impacts on the performance of an organisation. Human Resource (HR) and Human Resource Management (HRM) Oswin (2011) states that human resource is a term used to describe the individuals who make up the workforce of an organization. Rouse (2011) defines human resources as the people who work for the organization; human resource management is really employee management with an emphasis on those employees as assets of the business. In summary, all organization are made up of men and women to take up positions to do specific task and directly manage by human resource management. No matter what organization there are out there in the business world, neither technology nor machines can out beat the importance of having qualified men and women to do the task. (Dashgarzadeh et al (2012) states that an organization’s human resources are of strategic importance, because knowledge, skills, abilities, behaviours, and interactions of employees have the potential to influence organizational performance. It is true that without technology, the amount of time needed to mass produce their products will take a longer time but what are these machines without the people who operate them. People Practices Noe et al (2012) states that HRM practices include analyzing and designing work, determining human resource needs (HR planning), attracting potential employees (recruiting), choosing employees (selection), teaching employees how to perform their jobs and preparing them for the future (training and development), rewarding employees (compensation), evaluating their performance (performance management), and creating a positive work environment (employee relation). From the stated above, we can see that there a lot of money and time spent to recruit the right people and qualify them for the right job. In a study shows by Fleming (2008), it can take up to  £8000 to replace a staff member. Impact to Organisations Performance A huge percentage of an organization’s budgets are spent on human resources – in the form of recruiting, training and development, salaries, benefits and compensation. With the substantial amount of money invested on human resource, the returns must be of a measurable benefit to the organization. (U.S Office of Personnel Management (OPM) 1999: 3). If the organization decides to cut costs, in-house coaching or mentoring would be an ideal step to ensure their development are up to mark instead of reducing staff whom they had spent time and money on. By deploying a non-qualified employee to a certain task is disastrous to any organization. Selection Choosing Employees At this stage, the organization will be conducting interviews to determine the suitability and abilities of the candidate for the job. By employing an experienced and knowledgeable candidate means the organization would be able to spend less resources, like money and operational hours, to train and develop the individual to meet the standards that is required. By doing so, the organization would be able to save or invest on other resources to increase the productivity. Conclusion Human resources are the most important assets a modern organization has, because only human beings can make, transfer and exercise knowledge (Write Works, 2006). It is an utmost important that the organization recruit, select, train and develop the right people and ensure that their welfare and benefits are taken care of. I must say that every person working in the organization is the backbone and play a major role in the success or failure of an organization, regardless of how major or minor their job may be.

Analyzing The Journeys End Of Regeneration English Literature Essay

Analyzing The Journeys End Of Regeneration English Literature Essay In the two works that I will be analysing, Journeys End and Regeneration, class refers to the social values that distinguish between the lower, middle and upper class men. The theme of class is central to both of the works and is personified in two predominant characters, Trotter in Journeys End as well as Prior in Regeneration, they will both be fundamental subjects in my essay; in which I will discuss how Sheriff and Barker explore this theme of class, concerning similarities and differences in the various methods employed. Three palpable contrasts between the works should at the outset be mentioned. Firstly Journeys End was written by a man, Sheriff who had firsthand experience of the war, himself being a captain in the East Surrey Regiment. Therefore, we can assume that some events in Journeys End and characters used are most likely influenced by genuine soldiers. Thus themes of class and the harshness of war are even more authentic and realistic; How awfully nice if the brigadiers pleased is a typical, if not sarcastic, response from a proverbial soldier; Stanhope, concerning Osbornes death, showing little respect for those in higher command and also his repression of emotion. Sheriff explores the theme of class through the effects on the characters; how differing people handle the constant stress of war, for Stanhope, it is to drink like a fish, in contrast to Trotters circle drawing, perhaps showing a lack of imagination. On the other hand the writer of Regeneration, Barker is a woman and more im portantly a lot younger than Sheriff with no direct experience of the war. Regeneration seems to focus more on the aftermath, which allows a broader sense of themes such as roles of women and the altered mental states of the class men. You seem to have a very powerful anti-war neurosis, is Rivers reply to Sassoon, who asks if he is mad, it shows the effect of the war, that it can make an educated and brave man question his own sanity. It also explores the theme of class; Rivers and Sassoon immediately create a bond with one another, coming from similar backgrounds and viewpoints, as opposed to the perpetual antagonism between Prior and Rivers. Secondly Journeys End is a play, as opposed to a novel, and Sheriff employs staging. This coupled with the need for a play to be entertaining, does not give Sheriff the luxury of including pages full of background conversation which allow subtle character progression. Barkers work in general could be seen as symbolically internal with the characters thoughts and deep emotions shown through introspection, and thought oh God, its going to be another one of this, this allows the audience to understand the characters in greater detail, to relate to them based on our personal experience, perspective and class. Whereas Sheriffs is driven by actions, and what other characters say. (He puts the box on its side and sits on it. It is too low for the table, and he puts it on its end. It is then too high), When Trotter is first introduced the stage actions show him to be a comical character, at odds with the more serious Stanhope or the hard as nails Osborne, however Trotter is a much more deep individual below the surface, which is shown by the end of the play with his promotion to second in command; Similarly Prior in Regeneration is first introduced as a mute, with a case of dumbness, differing to the other characters, but throughout the novel he conveys himself to be highly intelligent and profound. Another difference between the works is the length, Regeneration is the first part of a trilogy and this represents the more prolonged and indefinite ending, in contrast Journeys End is much shorter and has a very sudden and obvious finish, as implied by its title. This may, in some sense epitomise the theme of class and stereotypes. In Regeneration, events outside of warfare, the battle for an end to bias based on discrimination is long standing and more apparent. In Journeys End it is more ambiguous, and perhaps due to close proximity, extreme events and the over shadowing doom, is triumphed through unity, the war eliminated class divides. There are, however, important similarities between the works. They are both realistic, which is contrasted with Sheriffs use of Raleigh who represents the romantic, idealistic viewpoint; his boyish voice and hesitant speech show him to be nervous and impressionable. Raleigh is a young and inexperienced officer. This leads on to his conversation with Osborne, pages 9-17. The language that the two men use and their topic of conversation rugger and cricket remind the audience of their public school background. Sheriff explorers the theme of class through similarities and differences with characters. Lower class men tend to be employed as comic relief, which is evidenced by the character Mason and his mixed tinned fruit story. Osbornes mock shock at this story, Good Heavens! It must have given you a turn, helps to lighten the waiting game of trench life. These working class individuals, such as Trotter and Prior, deter the audience away from the constant melancholy of warfare. However they are more than simplistic tools for humour, Mason for example, serves as a reminder of the constant passing of time; with his regular meals, and also that normal activities still have to continue despite the war, forcing the audience to not base opinion on the surface, but too look deeper-to sympathise. They are also both from a British perspective, and the events mostly take place in one setting, Criaglockhart in Regeneration and a dug out in Journeys End. Sheriff uses sound and lighting throughout to create a realistic and theatrically effective image of war. The warren-like nature of dugouts with their entrances and exits lend themselves to the stage. Perhaps more importantly the dugout allows Sheriff to present an authentic image of life in the trenches, what he calls a nostalgic journey into the past (No Leading Lady). This relates to class, in the sense that the dire conditions stripped discrimination, it just a simple reminder of the horrible wreckage of their young lives and the futility of their deaths. This cannot be said for Regeneration, in which class, be it rank or treatment, is ever present. The works were also written after the war; which is significant in relation to Journeys End which was written by Sheriff in the post-war era. During the war, people had gone to theatres to forget their troubles and to be amused, but in the 1920s there was a lot of change in the way theatres managed and, in 1926, talking cinema, i.e. films with audible dialogue, started. The class system was also undergoing massive changes and people who in the past would never have been to the theatres started going. This may have resulted in the inclusion of Trotter a character from a lower class who appealed to the new audience. Therefore the theme of class in Journeys End symbolically represents contemporary feelings, a time in which social classes and barriers were being broken down and previous stereotypical upper class values were being appreciated by the masses. Trotter is shown to be more than a stereotype, this is evidenced by his conversation with Osborne about gardening, Oh, I used to do a bit of an evening. Iad a decent little grass plot in front, with flower borders geraniums, lobelia, and calceolaria, Sheriff uses a characters interaction to show that class barriers should be non-existent as the lower class can have similar interests and thought processes to the upper, everyone is not so different. Likewise, Barker makes use of the plot to show that Prior is not so different to the other characters, in fact he is vastly sharp and has knowledge of Freudian theories, I see. A negative transference, Rivers automatic assumption that a man from his background would be ignorant of such things shows how misguided discrimination due to class was, times were changing and a man shouldnt be judged by his birth place. It is ironic that this recurring theme of prejudice is focalized through such an accepting individual, portraying how deep the ro ots of discrimination were entrenched in this lost generation. Sheriff and Barker tackle the problem of class discrimination in similar ways. In Journeys End the unbiased character of Osborne allows the audience to understand Trotter more deeply, much like Rivers in Regeneration. Osborne in some senses is the audiences voice, and the very fact that Osborne can consider Trotter an equal signifies that class barriers are unnecessary, and people should judge in a more meritocratic way, by actions. In Regeneration the discrimination by class is dealt with through intellect. Barker stresses priors intelligence throughout the narrative. Unlike Sassoon, he possesses insight, which is symbolically indicated by his association with the image of the eye. When he finally recalls the traumatic event that triggered his breakdown picking up an eyeball and seeing it resting in the palm of his hand Prior not only regains his memory, but also becomes associated with the concept of vision in general. The recurring image of the eye in the palm of his hand repres ents not only his recovered hindsight, but also his ability to move between varieties of different viewpoints and see both sides. Due to his difference from the other characters, with regards to class background, his opinions and his sexuality, Priors perspective on the war is distinctive, and the source of his unique ability to subject even his own doctor to rigorous and relentless interrogation. In the same way, Trotter also has a different perspective, I reckon e only wanted to keep cheerful, as opposed to Stanhope, Doesnt his repulsive little mind make you sick? Trotter is benevolent, consistent and the voice of reason. He is less emotional and doesnt jump to conclusions, in many ways the other mens faults, such as Hibberts misogyny; help promote a less of a class run society as a lower class mans actions are superior to that of many upper class mens. (Insert relevant quote rivers covers his eyes (motif) refusing to see what he knows war is not worth it) Trotter is the only officer who has obviously not been to public school. He is middle aged and homely looking. He is described as having red