Saturday, May 23, 2020

The rules relating to implied grant of easement - Free Essay Example

Sample details Pages: 11 Words: 3216 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Research paper Did you like this example? The rules relating to implied grant of easements have been described as à ¢Ã¢â€š ¬Ã…“strange [and] magic-likeà ¢Ã¢â€š ¬Ã‚  (Sexton and Bogusz, Land Law: Text, Cases and Materials, 2013, 3rd edn, OUP, p 565). Disregarding easements created by prescription, explain these à ¢Ã¢â€š ¬Ã…“magic-likeà ¢Ã¢â€š ¬Ã…“ rules. Do the rules differ in the case of implied reservation of an easement and why is this the case? INTRODUCTION An easement is a right to do something on someone elses land, falling short of a right to possession. Don’t waste time! Our writers will create an original "The rules relating to implied grant of easement" essay for you Create order More specifically, it is a private right enjoyed by one property owner the dominant owner, over land belonging to another, the servient owner. Therefore, an easement imposes a burden on a piece of land (servient land) and constitutes a corresponding benefit to another piece of land (dominant land).An easement constitutes a property right in the servient land, and as such it is generally enforceable against a subsequent owner of the servient land and can be generally enforced by a subsequent owner of the dominant land. . In order to be an easement a right must fall within the criteria laid down in the case of Re Ellenborough Park[1]. The right must, (i) relate to a dominant and servient tenements, (ii) which are owned or occupied by different persons, (iii) accommodate the dominant tenement and (iv) be capable of forming the subject matter of a grant. Furthermore, an easement will accommodate the dominant tenement where there is sufficient proximity between dominant and servient tenements and where the rights benefit the estate, rather than being a personal right. For instance, in the case of Hill v Tupper[2], where the claimed right benefited the dominant tenement ownerà ¢Ã¢â€š ¬Ã¢â€ž ¢s business rather than the land, the right was incapable of being an easement. The final point takes in both the capacity of the grantor and grantee and that the right claimed falls within the range of rights recognised by the courts as being capable of amounting to easements and such rights as illustrated in the case of Webb v Bird[3], must not be vague or indefinite. Once we have established that a right has the characteristics necessary to be an easement we next need to consider whether an easement has actually been created. There are a number of ways by which an easement may be created. They may be made expressly by the parties or they may be created impliedly, the latter being what this assignment will be focusing on. IMPLIED GRANT à ¢Ã¢â€š ¬Ã‹Å"To some t his was a fiction, to others an ingenious tool. Either way, it allowed the courts to get involved in the contents of contracts without infringing the principle of freedom of contract. Based on the theory that the courts were merely interpreting the presumed intention of the parties, they could incorporate new terms where the contract was silent.à ¢Ã¢â€š ¬Ã¢â€ž ¢ Appleby in à ¢Ã¢â€š ¬Ã‹Å"Contract Lawà ¢Ã¢â€š ¬Ã¢â€ž ¢ 2001, published by Sweet and Maxwell, at page 197 There are a number of situations in which an easement may be impliedly granted or reserved as part of a land transaction. However, the courts are readier to imply a grant than a reservation, as we shall see further on. Easements arising by implied grantinitiallytake effect as equitable easements (pending the completion of the relevant lease or conveyance) but subsequently take effect as legal easements. The grant of an easement may be implied where the grantor, the owner of the servient land, disposes of part of its land. There are four ways in which an easement may be impliedly granted and these are by, (i) Necessity, (ii) Common Intention, (iii) Application of the rule in Wheeldon v Burrows[4] and (iv) s 62 of the Land of Property Act (LPA) 1925. Easements of necessity An easement of necessity may be granted by implication, where it is considered by the courts as necessary to do so. Firstly, an easement will only be implied by necessity where the estate cannot be used at all without it[5], therefore, necessity claims are usually based on claims to a right of way to à ¢Ã¢â€š ¬Ã‹Å"land-lockedà ¢Ã¢â€š ¬Ã¢â€ž ¢ land, which is a piece of land is sold off which has no direct access to the public highway system. Without the implication, of an easement by the court, the land would be inaccessible. In the case of Manjang v Drammeh[6] the criteria for there to be an easement of necessity implied were laid down and these include: First, it should be shown that there was a common owner of a legal estate in the two plots of land à ¢Ã¢â€š ¬Ã¢â‚¬Å" ie the plots were in common ownership at one stage. It must be established that access between one of those plots and the public highway can only be obtained over the other plot; and it must be shown that there was a disposition of one of the plots without any specific grant or reservation of a right of access. If there is an alternative access route then no matter how inconvenient this alternative is this may defeat the claim for an easement of necessity. Furthermore, where an easement is implied then the owner of the servient land can fix the route of the easement but it must be reasonably convenient (Pearson v Spencer (1861) 1 BS 571) and once selected cannot be varied (Deacon v South Eastern Railway (1889) 61 LT 377). Furthermore, the case of London Corporation v Riggs[7] emphasises that an easement of necessity is restricted to the needs of the dominant tenement at the date of the grant. In this case Riggs acquired a piece of farmland which land locked and started tea rooms on his land. Eventhough, it was undisputed that Riggs had an easement granted by necessity over his land, but the question which arose was whether or not the clients of the tea rooms had the same right. It was held that, the way of necessity can only be used for the purposes for which the dominant land was being used at the time the necessity arose. Neither contractors building the tea rooms nor future clientele would have the right to use the easement. Therefore, the scope of an easement which is implied by the court by necessity is not a wide one. (ii) Easements of Common Intention Implied easements of common intention were defined in the case ofPwllbach Colliery Co Ltd v Woodman[8], as easements necessary to give effect to the manner in which the land sold or retained was intended to be used and they are very similar to easements implied by necessity. However, the scope and extent of an easement implied by common intention may be wider than an easement being implied by necessity. An easement of necessity is only implied to the extent it is needed to enable the land to be used. However, if it can be shown that there was a common intention of the parties, the extent of the resulting easement may be greater. Therefore, an easement of common intention can therefore arise by implied grant where, the parties have a common intention relating to the use of the dominant or servient land and an easement is necessary to carry out that shared intention. In the case of Wong v Beaumont Property Trust[9], a basement was leased to the plaintiff (Wong) for use as a Chinese restaurant. The lease required the tenant to use the property as a restaurant, but also to control all smells. To do that it was necessary for the Wong to install a ventilation shaft for the smells, which would have to go through the landlords property, but the landlord refused to give such permission. Wong claimed there was an easement entitling him to put up the shaft. It was held that, there was an easement of common intention, because when the original tenant took the premises, a ventilation shaft was necessary in order for the restaurant to function properly and for smells to be eliminated. In this case, Salmon LJ explaine d: à ¢Ã¢â€š ¬Ã…“[I]f a lease is granted which imposes a particular use on the tenant and it is impossible to use these premises legally unless an easement is granted, the law does imply such an easement as of necessity.à ¢Ã¢â€š ¬Ã‚  However it should be noted as already mentioned that the scope for creation of implied easements created by common intention is wider than one of necessity. There is an overlap with easements of necessity here as in both cases necessity is a requirement. Necessity and common intention, based on the presumed intentions of the parties are. However, vulnerable to express wording in the grant demonstrating a contrary intention in Nickerson v Barraclough, the conveyance expressly precluded the grant of any rights, and the estate remained landlocked. (III) The Rule in Wheeldon v Burrows The rule in Wheeldon v Burrows[10], requires evidence of a quasi-easement. A quasi-easement is the use by the owner of a single estate or parts of that estate, in a manner such that an easement would be required if the use of those parts in that manner was to continue if one part was sold. Where a part of that estate is sold, the continued user (assuming the user crosses both estates) will be implied as an easement where the quasi-easement was continuous and apparent (this might include a roadway denoting a right of way, windows denoting rights of light, or a channel denoting the right to take water) and where its continuation as a full easement is reasonably necessary for the enjoyment of the dominant tenement (the part of the estate sold). What is à ¢Ã¢â€š ¬Ã…“reasonably necessaryà ¢Ã¢â€š ¬Ã‚  is not necessarily a high threshold. A right claimed by way of access will not be à ¢Ã¢â€š ¬Ã…“reasonably necessaryà ¢Ã¢â€š ¬Ã‚  if it is simply more convenient (Goldberg v Edwards[11]). However, in Borman v Griffith[12], where the estate benefited from an express right of access to the rear of the property, the courts held that a right of access to the front was reasonably necessary as it was the only way to get to the front door of the premises. The rule in Wheeldon, too, is vulnerable to evidence of a contrary intention. In Squarey v Harris-Smith [13], a standard term in the contract for sale excluded implied rights. The Court of Appeal, declined, on that basis, to find an implied right. (IV) S 62 LAW OF PROPERTY ACT 1925 Finally, s62 Law of Property Act 1925 will imply easements into the transfer of an estate where there is already diversity of occupation between the dominant and servient tenements (for instance on the purchase of a reversion by the tenant). It is long settled law that the operation of s62 can be expressly excluded in a transfer or conveyance. Section 62(1)provides that a conveyance of land shall be deemed to include and shall operate to convey, with the land, all ways, watercourses, liberties, privileges, easements, rights and advantages whatsoever and which (i) appertain or are reput ed to appertain to the land or any part of it; or (ii) are, at the time of the conveyance, occupied or enjoyed with the land or any part of it. Furthermore, s62(4) provides that à ¢Ã¢â€š ¬Ã…“This section applies only if and as far as a contrary intention is not expressed in the conveyance, and has effect subject to the terms of the conveyance and to the provisions therein contained.à ¢Ã¢â€š ¬Ã‚  The effect ofsection 62is that on a conveyance of part, quasi-easements exercised by the owner over its retained land, are granted as easements to the person acquiring that part of the land being conveyed. Case law indicates that mere permissions may be upgraded into easements. For example, where a licensee of land has used a right of way over other land belonging to the licensor with their permission, then that permission will be elevated into an easement by section 62 if a lease is subsequently granted to the licensee. For instance, in the case of Wright v Macadam[14], the landlord (defendant) gave his weekly tenant permission to use a shed in the garden for the storage of coal. Later, the landlord granted a new tenancy to the tenant of slightly larger premises (not including the garden). A dispute subsequently arose about the tenants continued use of the shed. The court held that, there was a privilege (permission to store the coal) at the time that the lease was renewed and therefore s 62 was used to convert this privilege into a full easement. Therefore, in order for a privilege to be converted into an easement under s 62 it is necessary that the privilege exists at the time of the relevant conveyance (or lease). However, there is no requirement that the privilege be necessary or continuous and apparent. On the other hand, there are limits to the s 62 principle, since the right must still satisfy the characteristics of an easement under Re Ellenborough Park, mentioned above. For instance, s 62 only operates where there is a à ¢Ã¢â€š ¬Ã…“conveyanceà ¢Ã¢â€š ¬Ã‚ , which includes legal leases, but does not oral leases or documents creating equitable leases. Secondly, the grantor must have the power to grant the easement, i.e. he must be a à ¢Ã¢â€š ¬Ã‹Å"Competent Grantorà ¢Ã¢â€š ¬Ã¢â€ž ¢. Section 62 cannot confer a better title on the grantee than the grantor possessed (à ¢Ã¢â€š ¬Ã…“nemo dat quod non habetà ¢Ã¢â€š ¬Ã‚ ). Furthermore, s 62 only applies to convert privileges into easements. It could not be used to convert a quasi easement into an easement because in order for s 62 to apply, prior to the conveyance there must be a diversity of occupation (ie dominant and servient land must be owned by different people. IMPLIED RESERVATION A reservation of an easement happens when the vendor sells part of their land and reserves (or keeps) an easement over the land sold. However, courts are reluctant to imply a reservation because if a vendor wishes to retain a right, he should do so expressly in a conveyance. Implying a right is a derogation from grant. Therefore the only types of implied reserved easement are, by Necessity and Common intention and since courts will not allow an easement to be implied under the rule in Wheeldon v Burrows or s 62 in the case of a reserved easement. IMPLIED RESERVATION BY NECESSITY InUnion Lighterage Co v London Graving Dock Co [15]the claim failed, as there was no implied reservation, since (following the second limb ofWheeldon v Burrows) this would amount to a derogation from grant. This was not one of the exceptions to this rule (there was no necessity).In the case Stirling LJ, gave a description of implied reservation of an easement by necessity, stating that à ¢Ã¢â€š ¬Ã…“an easement of necessityà ¢Ã¢â€š ¬Ã‚ ¦means an easement without which the property retained cannot be used at all, and not one merely necessary to the reasonable enjoyment of that propertyà ¢Ã¢â€š ¬Ã‚ . Therefore, According to Stirling LJs strict approach, the only situation where th is kind of easement will be implied is where the land is land locked. placed on the well-established principle that an easement of necessity can only be implied where without it the land could not be used at all, not whereit is merely necessary to the reasonable enjoyment of the property Adealon International Proprietary Limited v Merton London Borough Council[16] The Court of Appeal has upheld the High Courts decision to reject a landowners claim for the implied reservation of an easement of necessity. The landowner sold off land that adjoined its property on three sides, speculating that it would obtain planning permission for access to the retained land from the public highway which ran along the fourth boundary of the property. When the planning application was refused, the landowner claimed an easement of necessity over the land that had been sold off. The claim was rejected by both courts, on the basis that any rights of way required by the landowner could have been express ly reserved in the transfer when the adjoining land was sold off. The test of necessity can be a difficult one to satisfy. For example, access by water can be enough to prevent a right of way over land arising by necessity (Manjang v Drammeh (1991) 61 PCR 194).However, in Sweet v Sommer[17] it was held that an easement of necessity was implied even though the landowner, at the time of the implied grant, could have obtained another means of access by demolishing a building on its own land. IMPLIED RESERVATION BY COMMON INTENTION An easement by reservation may also be implied by common intention and the same case law as for easement by grant will be applied, however they depend upon the presumed agreement of the parties. So it is possible, the rules relating to implied grant may be excluded in a contract for sale or lease. Extinguishment of easements, can be done expressly or impliedly. In the former case, the dominant owner must execute a deed giving up the easement and in t he latter case, an implied release it can occur by (i) abandonment or (ii) a radical Change in nature of dominant land. For an easement to be deemed à ¢Ã¢â€š ¬Ã‹Å"abandonedà ¢Ã¢â€š ¬Ã¢â€ž ¢, as illustrated in the case of Benn v Hardinge[18], the servient owner can show (i) at least 21 years non-use and (ii) an intention on the part of the dominant owner to abandon the easement. Whereas, a radical change would be, where a property enjoys an easement of support, but the property enjoying this easement is demolished, extinguishing the easement. Although an easement may bereservedby showing common intention, there is a heavier burden of proof for an implied reservation than for an implied grant. InDonovan Anor v Rana Anor[19] , the Court of Appeal held that a transferee was entitled to an easement implied by common intention over the transferors retained land to connect to mains services in the public highway in spite of the transfer containing wording purporting to exclude th e grant of additional easements This is because they are all based on the principle of non-derogation from grant whereby a person, having given something, cannot then take away the means of enjoying it. However, the principle of non-derogation from grant is essentially passive in character and a grantor does not have to take additional positive steps to perfect or improve the grant. For example, inWilliam Old International Limited v Arya[20] although the developer had an implied easement to lay service media across neighboring land, that did not oblige the owners of the neighboring land to enter into a deed of grant with a statutory undertaker as this was outside the presumed contemplation of the parties CONCLUSION The implication of easements is no substitute for express easements. Implied easements are conditional, and are vulnerable to a clear contrary intention. Moreover, an implied easement in registered land, if not on the register, is reliant on over-riding status (S ch 3 Land Registration Act 2002), and the right may, therefore, be lost if a third party purchases the servient estate. Reform Note that the Law Commission published a report à ¢Ã¢â€š ¬Ã…“Making Land Work: Easements, Covenants and Profits a Prendreà ¢Ã¢â€š ¬Ã‚  2011 Law Comm No 237, which has recommended widespread changes to the law of easements. Most particularly, the Law Commission recommends: Simplifying the law of creation of easements; Streamlining land registration procedures Empowering the Lands Chamber of the Upper Tribunal to modify or discharge land obligations. [1] [1956] Ch. 131 [2] [1863]2 H C 121 [3] [1863]143 ER 332 [4] (1879) 12 Ch 31 [5] Union Lighterage Co v London Graving Dock Co (1902), Nickerson v Barraclough (1981), Wong v Beaumont (1965) [6] (1990) 61 P CR 194 [7] [1880] 13 Ch D 798 [8] [1915] AC 634 [9] [1965] 1 QB 173 [10] (1879) 12 Ch D 31 [11] [1950] Ch.247 [12] [1930] 1 Ch 493 [13] [1981] 42 P CR 116. [14] [1949] KB 744 [15] [1902] 2 Ch 557 [16] [2007] EWCA Civ 362. [17] [2004] 2 P CR DG24 [18] (1993) 66 PCR 246 [19] [2014] EWCA Civ 99 [20] [2009] EWHC 599

Tuesday, May 19, 2020

Cyber Bullying And Its Effects On Children And Adults Alike

Technology has consumed our generation of children and adults alike, such luxuries such as cell phones and internet, have made our ways of communication much more convenient and accessible. Whether it be for pleasure,intimidation, or education our children are interracting more and more via the internet and social media accounts. This new media has created two new problems for students and teachers to deal with, cyber bullying and sexting. The biggest consequence is how to punish them. As people ourselves its argued how to decide what punishment is necessary, and whom exactly is capable enough of doing so. Yalda Uhls and Mathias H. Heck Jr take a more defined look at these issues and how we may or may not be able to reduce the impact it has on generation and future generations as well. sexting 1 Sexting is classifyed by the U.S court systems as the exchange of sexually explicit text messages, including photographs, via cell phone.2d Cir. 2010. According to Dosomething.org eight s tates have enacted bills to protect minors from sexting, and an additional 13 states have proposed bills to legislation According to Mathian Heck Jr. one in five teens say they have sent or posted online nude photos of themselves. and twenty-two percent of girl youth reported doing this of which half were ages 13-16. However in many cases of teen sexting, the teenagers are unaware that sending or recieving these images may result in a felony charge of child pornography. Dosomething.org,Show MoreRelatedCyber Bullying And Its Effects952 Words   |  4 PagesCyber-bullying is a term that has only gained notoriety in the past few years. Like many things that adapt to their surroundings, cyber-bullying is no exception. As new ways to socialize appear every year, it is a great tool for children and adults alike to communicate with friends and family. However, it can also turn into a tool of terrorization just as easily. 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Along with looking into the wide array of different types of online crime, we will discuss different deterrents to try to avoid the risk of a cyber attack and tips to stop the malicious transfer of inappropriateRead MoreThe Psychology behind Bullying in Adolescents Essay1176 Words   |  5 PagesBullying by definition is a form of aggressive behavior in which someone intentionally and repeatedly causes another person injury or discomfort. Bullying can take the form of physical contact, words or more subtle actions. [Why] Bullying has grown new outlets over the last decade. With social media out lets and text messaging added to the game, bullying is not just about getting tormented face to face anymore. Cyber bullying can include sending out mean or threatening emails and instant messagesRead MoreTechnology And You Online Cyber Bullying1452 Words   |  6 Pagesand high schools in America. School authorities in many states have met up in trying to stop cyber bullying in schools. Amanda Todd posted an unnerving video on YouTube. Todd’s told her story, she being abused, bullied, harassed, and stalked in her neighborhood despite moving multiple times. Amanda narrated her silent story by explaining with flashcards, how she was hurt from cyber bullying and bullying. Todd took drugs and alcohol to forget her pain and humiliation, and she was feeling inside. SheRead MoreBullying in Schools: Research and Solution1067 Words   |  4 Pages Abstract Bullying in school has become increasingly problematic for teachers and administrators. There have been many highly-publicized incidents illustrating the serious psychological consequences bullying can have for victimized students, including higher rates of absenteeism and even suicide. However, the question of how to deal with bullying remains a vexing one. Schools must remain within the law and try to find programs that have a meaningful effect on bullying, even though victims and perpetratorsRead MoreBullying Evolution : Cyber Bullying1870 Words   |  8 Pages Bullying Evolution: Cyber-bullying 1858 Words 8 Pages At some point during your childhood, you may have encountered that troubled individual, typically known as the â€Å"bully† that drove fear in the hearts of the weakest link by humiliating them, taking what is rightfully theirs, constantly picking on them and sometimes even inflicting physical abuse. Well I hate to break it to you but this individual is back and is more equipped than before, preying on the weak and vulnerable in the cyber world (internet)

Tuesday, May 12, 2020

The Five Powers of Buddhism

The spiritual path can seem a frustrating slog much of the time. The Buddha knew this, and he taught that there are five spiritual qualities that, when developed together, become the panca bala -- in Sanskrit and Pali, five powers -- that overcome hindrances. The five are faith, effort, mindfulness, concentration, and wisdom. Faith The word faith is a red flag for many of us. The word often is used to mean blind acceptance of doctrines without evidence. And the Buddha clearly taught us to not accept any doctrine or teaching blindly, as found in the Kalama Sutta. But in Buddhism, faith -- shraddha (Sanskrit) or saddha (Pali) -- means something closer to trust or confidence. This includes trust and confidence in yourself, knowing that you can overcome obstacles through the power of practice. This trust does not mean accepting Buddhist doctrines as true. Rather, it means that you trust the practice to develop your own insight into what the doctrines teach. In the Saddha Sutta of the Pali Canon, the Buddha compared trust in the dharma to the way birds trust a tree in which they build their nests. Often we experience to practice as a balancing act between faith and bewilderment. This is good; be willing to look deeply at what bewilders you. Looking deeply does not mean concocting an intellectual explanation to cover your ignorance. It means practicing wholeheartedly with your uncertainties and being open to insight when it comes. Energy The Sanskrit word for energy is virya. Virya evolved from an ancient Indo-Iranian word that meant hero, and in the Buddhas day virya had come to refer to the strength of a great warrior to overcome his enemies. This strength can be mental as well as physical. If you are struggling with inertia, torpor, laziness, or whatever you want to call it, how do you develop virya? Id say a first step is to take inventory of your daily life to see whats draining you and address that. It could be a job, a relationship, an unbalanced diet. Please be clear, however, that addressing your energy drains does not necessarily mean walking away from them. The late Robert Aitken Roshi said, The first lesson is that distraction or obstruction are just negative terms for your context. Circumstances are like your arms and legs. They appear in your life to serve your practice. As you become more and more settled in your purpose, your circumstances begin to synchronize with your concerns. Chance words by friends, books, and poems, even the wind in the trees brings precious insight. [From the book, The Practice of Perfection] Read More: Virya Paramita: The Perfection of Energy Mindfulness Mindfulness -- sati (Pali) or smriti (Sanskrit) -- is a whole-body-and-mind awareness of the present moment. To be mindful is to be fully present, not lost in daydreams or worry. Why is this important? Mindfulness helps us break the habits of mind that separate us from everything else. Through mindfulness, we stop filtering our experiences through judgments and biases. We learn to see things directly, as they are. Right, Mindfulness is part of the Eightfold Path. Zen teacher Thich Nhat Hanh said, When Right Mindfulness is present, the Four Noble Truths and the other seven elements of the Eightfold Path are also present. (The Heart of the Buddhas Teaching, p. 59) Concentration Concentration in Buddhism means to become so absorbed that all distinctions between self and others are forgotten. The deepest absorption is samadhi, which means to bring together. Samadhi prepares the mind for enlightenment. Samadhi is associated with meditation, and also with the dhyanas, or four stages of absorption. Wisdom In Buddhism, wisdom (Sanskrit prajna; Pali panna) does not exactly fit the dictionary definition. What do we mean by wisdom? The Buddha said, Wisdom penetrates into dharmas as they are in themselves. It disperses the darkness of delusion, which covers up the own-being of dharmas. Dharma, in this case, refers to the truth of what is; the true nature of everything. The Buddha taught that this kind of wisdom comes only from direct, and intimately experienced, insight. It does not come from crafting intellectual explanations. Developing the Powers The Buddha compared these powers to a team of five horses. Mindfulness is the lead horse. After that, faith is paired with wisdom and energy is paired with concentration. Working together, these powers dispel illusion and open doors of insight.

Wednesday, May 6, 2020

Analysis Of Sir Gawain And The Green Knight - 846 Words

Themes allow the author to write a story that conveys a positive message to the reader. Generally speaking, a story has multiple themes and there are many ways that the author uses to present the theme to the reader. And Sir Gawain and the Green Knight is not an exception to the rule. The poem uses imagery, juxtaposition of scenes, and the action of the characters to present the numerous themes to the reader and the presentation is done throughout the work. In Sir Gawain and the Green Knight, the idea that in the world, there are man-made and natural rules that one must follow but in times, the two rules come in conflict with each other. By analyzing the two games played by Sir Gawain and the Green Knight, the theme will be better understood. The first game that was played between Sir Gawain and the Green Knight was the Green Knight’s challenge of stroking his neck and in return he will strike the challenger’s, Sir Gawain’s, neck. When the Knight offers the chal lenge, nobody accepts the challenge for King Arthur, forcing the King to accept the challenge. But Gawain states â€Å"I stake my claim. / This melee must be mine† (341-342). Then he goes on to ask for permission to be called. â€Å"Should you call me, courteous lord,† said Gawain to his king, â€Å"to rise from my seat and stand at your side, politely take leave of my place at the table and quit without causing offence to my queen, then I shall come to your counsel before this great court.† (343-357) The way that Sir GawainShow MoreRelatedAn Analysis Of Sir Gawain And The Green Knight Essay2387 Words   |  10 Pagesthe fourteenth century poem, Sir Gawain and the Green Knight. The poem opens with allusions to Greek and Roman history and eventually sets the story on Christmas in Camelot with King Arthur and his knights of the round table. Gawain, King Arthur’s nephew and a knight in Sir Gawain and the Green Knight, faces trials and temptations that one would typically expect from a knight of the round table. Through careful and juxtaposed analysis of Sir Gawain and the Green Knight and articles by reputable authorsRead MoreEssay Analysis of Sir Gawain and the Green Knight1050 Words   |  5 PagesAnalysis of Sir Gawain and the Green Knight In Sir Gawain and the Green Knight, after Gawain ventures â€Å"into a forest fastness, fearsome and wild† (Norton, 311), he prays that he will be able to find â€Å"harborage† on Christmas Eve (Norton, 312). It is the middle of winter, and Gawain has been traveling in search of the Green Knight whose head he has cut off. After he prays and signs himself three times, Gawain finds a magical castle in the midst of a winter forest. He rides to the castle and is grantedRead More A Character Analysis of Sir Gawain as Presented In Sir Gawain and The Green Knight1426 Words   |  6 PagesA Character Analysis of Sir Gawain as Presented In Sir Gawain and The Green Knight In Sir Gawain and The Green Knight, the character of Sir Gawain is skillfully brought to life by the unknown author. Through the eyes of numerous characters in the poem, we see Gawain as a noble knight who is the epitome of chivalry; he is loyal, honest and above all, courteous. As the story progresses, Gawain is subjected to a number of tests of character, some known and some unknown. These tests tell us a greatRead MoreAnalysis Of Sir Gawain And The Green Knight955 Words   |  4 Pagesthe classic medieval poem Sir Gawain and the Green Knight that is used to form a more captivating story and construct a deeper meaning to the plot. The color green certainly is a prominent color in the poem, especially with the Green Knight, who is literally green from head to toe. The Green Knight makes quite the entrance on his horse as he rides into Camelot disrupting King Arthur and his knight’s New Year’s Feast. The Green Knight has come to find out if the Knights of the Round Tab le are as loyalRead MoreAnalysis Of Sir Gawain And The Green Knight940 Words   |  4 Pages In Sir Gawain and the Green Knight, the men and women appear to have different roles in the society. The men attempt to live a more noble life while emasculating the power of the women. Throughout the poem, women display hints of their potential through manipulation and trickery, traits that are uneasily recognized by men as growing power. Morgan la Fay manipulates the Lord Bercilak to assume the role of the Green Knight, and she uses him for revenge against Queen Guenevere. She engineered a planRead MoreAnalysis Of Sir Gawain And The Green Knight1054 Words   |  5 PagesIn his book The Discarded Image C.S. Lewis states that â€Å"the Middle Ages depended predominantly on books†¦reading was one way of the total culture.† To illustrate, imagine a young heroic knight, holding his sword in one hand and his shield in another. Standing in confidence, with a determined look upon his face before confronting his next challenge. Bravery is found in many interesting stories throughout the medieval ages. It is defined by Oxford Dictionaries as â€Å"courageous behavior or character† (OxfordRead MoreAnalysis Of Sir Gawain And The Green Knight1199 Words   |  5 Pagesfrequently depicted as a knight in shining armor, an image that originates from age-old literature such as the fourteenth-century Sir Gawain an d the Green Knight. In such literary works, the heroic knight has several virtuosic character traits: friendship, chastity, generosity, courtesy, and piety; however, he must also endure a quest in which his virtues are tested. In Sir Gawain and the Green Knight, three obstacles challenge the hero Gawain’s morals, including the Green Knight, the seductress, andRead MoreAnalysis of Sir Gawain and the Green Knight866 Words   |  3 Pagesâ€Å"Sir Gawain and the Green Knight† is the classic tale of a knight of the round table who takes up the challenge of the mysterious Green Knight. The poem begins with the Green Knight’s sudden arrival and his declaration of his proposition: a knight may strike him, and then a year and one day from then he will return the blow. This tale is most well-known for dealing with the themes of a knight’s code of chivalry, loyalty, resisting temptation, and keeping one’s word. While the whole poem is full ofRead MoreAnalys is Of Sir Gawain And The Green Knight1374 Words   |  6 PagesThe language of symbols plays a major role in medieval poetry â€Å"Sir Gawain and the Green Knight† is no exception. The use of symbolism gives a writer the ability to draw important connections between items in their story and the audience. The poet behind â€Å"Sir Gawain and the Green Knight† gives the reader a detailed description of the pentagram, his most important symbol, in order to form the key understanding of this poem. The narrator compares knightly ideals such as integrity, focus, and strengthRead More Sir Gawain and the Green Knight: An Analysis of Parallel Scenes636 Words   |  3 PagesSir Gawain and the Green Knight: An Analysis of Parallel Scenes The anonymous author of Sir Gawain and the Green Knight was supposedly the first to have originated the alternation of temptation and hunting scenes, which both contribute importantly to the effectiveness of the poem (Benson 57). The two narratives are obviously meant to be read as complementary. Therefore, the parallel juxtaposition of seemingly unrelated episodes is the basic characteristic of the narrative. The narrative

The Hidden Face Of Ewaste Environmental Sciences Essay Free Essays

In the epoch of the laptop, have you of all time wondered about what happened to all these good old desktop computing machines? The world is that the industry is invariably scoring us with new appliances that are supposed to give us a more convenient and hearty life. And we buy it! Electronic devices have become such an of import portion of our mundane life that we do non look to be able to populate without it. The downside is that they tend to age truly rapidly. We will write a custom essay sample on The Hidden Face Of Ewaste Environmental Sciences Essay or any similar topic only for you Order Now As a affair of fact, the newest digital equipment are intentionally made to last merely a short period of clip, runing from a few old ages to every bit small as a few months. This phenomenon consequences in a turning demand that is increasing both the production and the ingestion of electrical and electronic equipment. However, really few are witting of what truly happens to their old equipment. Let us unveil the enigma for you. What is E-waste? First of all, Waste Electrical and Electronic Equipment ( WEEE ) consists of old electronic contraptions which their former users have disposed of: iceboxs, two-channel systems, telecastings, cellular telephones, computing machines, pressmans, DVD participants, MP3 participants and a assortment of other similar devices. These devices are produced at an highly high rate and that rate is sing an on-going planetary The concealed face of E-waste 3 growing. Harmonizing to Bily ( 2010 ) , the production of WEEE sums to about 50 million dozenss a twelvemonth worldwide. This measure is really alarming, sing the composing of these electronics. Indeed, lead, quicksilver and Cd are a few of the tonss of pollutants that can be found in electronic waste and these elements classify WEEE in the class of risky waste ( Pinto, 2008 ) . The resources required for their production are huge and their effects on the environment is higher than those of other merchandises. The disposal job So what precisely happens to all that waste? First, WEEE are non portion of the conventional waste intervention circuit. The reply is that most merchandises merely go debris. North Americans store on mean two to three disused computing machines in their garage or their cupboard. Harmonizing to Environment Canada, each twelvemonth, 140,000 dozenss of electronic waste go into landfills all around Canada ( RCBC, 2008 ) . Furthermore, the Agency for Environmental Protection calculated that about 70 % of screens and 80 % of telecastings are located in landfills. Today, WEEE are more than 5 % of municipal waste, a figure invariably increasing. Science Daily ( 2010 ) estimates that, relative to 2007 degrees, by 2020, the sum of electronic waste associated with computing machines entirely will most likely leap to 500 % in India, 200 % in South Africa and 400 % in China. The big bulk of WEEE end up in landfills, incinerators, even make fulling in sites. It is well-known that many of these lan dfills emit outflowing discharges, and even the best constructed and controlled leak chemicals and metals. The state of affairs can decline depending on how old the landfill is. Vaporization of metallic quicksilver and dimethyl quicksilver is besides unsafe and can take to puting fires in the landfills that pose a hazard to wellness and the environment. Furthermore, Jeffries ( 2006 ) explains that because it is less expensive to direct it abroad than to cover with it The concealed face of E-waste 4 ourselves, a big measure of rubbish is on a regular basis shipped to landfills in developing states like India, China, and Africa. These states all receive big sums of imported computing machines, cellular telephones, and other electronic waste, some of which is reused but most of which is dumped into a heap. The export of WEEE to developing states is a hazardous method of direction, sometimes illegal, but profitable for companies from industrialised states. The illegal export sometimes takes the visual aspect of giving. This is possible given the ordinances are frequently missing in asperity in developing states and the costs of the work force are really low. Are at that place other solutions? There are three options available to handle electronics before they end up as waste. These options are storage, reuse and recycling. However, in Canada, electronic waste is normally stored in landfills. There is another manner of covering with WEEE and that is through reuse. An illustration of reuse can be observed in India. In this state, out of the five million Personal computers, 27 % of theoretical accounts are 8 old ages of age or older. The reuse can so be a good manner to widen the life of a merchandise. However, the sad world is that most of e-waste is non properly dealt with. It is really common for developed states to direct their old contraptions to developing states, either lawfully or illicitly. This action constitutes a temporal solution to their disposal job. Another manner of disposing of your refuse is through recycling. Nevertheless, frequently regarded as a positive procedure, in this context, the â€Å" recycling † is a somewhat different proccess. It inclu des dismantlement, tear uping, incineration, and frequently exportation. It is seldom regulated and involves many hazards like the irremediable taint of the H2O, the dirt and the ambiance ( UNEP, 2005 ) . Merely 20 % of e-waste really go through the recycling procedure. Although the measures of waste are increasing, the industry is slow to develop systems of modern recycling. The concealed face of E-waste 5 What are the impacts? The disposal of e-waste has a major negative impacts on the environment, which consequences in impacting people ‘s wellness. The recycling procedure of these merchandises in developing states is really distressing, particularly as methods are crude and people are frequently faced with fundamental and unsafe working conditions working without protection for the custodies or for the face. Gass, acidic solutions, toxic exhausts and contaminated ash from these centres pose serious jobs for wellness and environment. And it is precisely due to the hapless quality of the H2O and the contaminated dirt that we find serious unwellnesss. It has been found that the e-waste recycling activities were responsible for promoting blood lead degrees in Chinese kids from Guiyu, a little recycling town on the South China seashore. It has been found that its pollution rate is 180 times superior than the bounds fixed by the World Health Organization. ( Monika, 2010 ) . The e-waste industry is using a bout 150,000 people in Guiyu and 25,000 more work in the junkyards of New Delhi, in India. In malice of the backbreaking and unsafe conditions, workers will merely gain between 1 and 4 dollars a twenty-four hours ( Kielburger, 2008 ) . What can we make? To cut down pollution, assorted policies are being evaluated, developed and implemented. Canada joined the Basel Convention on Control of Transboundary Movements of Hazardous Wastes and their Disposal in 1992. This was created to halt economically profitable methods of cargos of unsafe waste to states that refuse e-waste import. But why would anyone accept to go the rubbish bin of the indutrialised universe ‘s e-waste? Robbins ( 2007 ) clarifies the grounds for the start of this commercialism in the undermentioned words: The concealed face of E-waste 6 Poorer states were likely to accept exported wastes because their high international debt tonss and weak economic systems positioned them ill to reject any income-generating activities. As the debatable and unfair nature of the international toxins trade became better recognized, concern led to developing and implementing international controls. ( p. 101-102 ) Some states are implementing plans pollution bar and minimisation waste. Among these attacks, â€Å" Producer Responsibility â€Å" ( EPR ) is important. The nonsubjective: doing importers of electrical and electronic devices responsible for the life rhythm of their merchandises. The rule is that makers have an involvement to ease recycling and dismantlement, to restrict the usage of resources, pollution and waste. This can merely be done through a design and through recommending ecological reuse and effectual recycling. In decision, based on the dismaying menace that e-waste represents, it is indispensable to allow the general public be cognizant of the serious effects that e-waste has on our environment and our wellness. Our local authoritiess should besides be informed of this so that they can set up an substructure for safe direction of WEEE. Even though pull offing e-waste is an expensive procedure, we are called to get down sing what schemes could be undertaken to make a responsible e-waste direction, minimise its production and do its constituents easy to recycle and recycle. The concealed face of E-waste 7 How to cite The Hidden Face Of Ewaste Environmental Sciences Essay, Essay examples

The Hidden Face Of Ewaste Environmental Sciences Essay Free Essays

In the epoch of the laptop, have you of all time wondered about what happened to all these good old desktop computing machines? The world is that the industry is invariably scoring us with new appliances that are supposed to give us a more convenient and hearty life. And we buy it! Electronic devices have become such an of import portion of our mundane life that we do non look to be able to populate without it. The downside is that they tend to age truly rapidly. We will write a custom essay sample on The Hidden Face Of Ewaste Environmental Sciences Essay or any similar topic only for you Order Now As a affair of fact, the newest digital equipment are intentionally made to last merely a short period of clip, runing from a few old ages to every bit small as a few months. This phenomenon consequences in a turning demand that is increasing both the production and the ingestion of electrical and electronic equipment. However, really few are witting of what truly happens to their old equipment. Let us unveil the enigma for you. What is E-waste? First of all, Waste Electrical and Electronic Equipment ( WEEE ) consists of old electronic contraptions which their former users have disposed of: iceboxs, two-channel systems, telecastings, cellular telephones, computing machines, pressmans, DVD participants, MP3 participants and a assortment of other similar devices. These devices are produced at an highly high rate and that rate is sing an on-going planetary The concealed face of E-waste 3 growing. Harmonizing to Bily ( 2010 ) , the production of WEEE sums to about 50 million dozenss a twelvemonth worldwide. This measure is really alarming, sing the composing of these electronics. Indeed, lead, quicksilver and Cd are a few of the tonss of pollutants that can be found in electronic waste and these elements classify WEEE in the class of risky waste ( Pinto, 2008 ) . The resources required for their production are huge and their effects on the environment is higher than those of other merchandises. The disposal job So what precisely happens to all that waste? First, WEEE are non portion of the conventional waste intervention circuit. The reply is that most merchandises merely go debris. North Americans store on mean two to three disused computing machines in their garage or their cupboard. Harmonizing to Environment Canada, each twelvemonth, 140,000 dozenss of electronic waste go into landfills all around Canada ( RCBC, 2008 ) . Furthermore, the Agency for Environmental Protection calculated that about 70 % of screens and 80 % of telecastings are located in landfills. Today, WEEE are more than 5 % of municipal waste, a figure invariably increasing. Science Daily ( 2010 ) estimates that, relative to 2007 degrees, by 2020, the sum of electronic waste associated with computing machines entirely will most likely leap to 500 % in India, 200 % in South Africa and 400 % in China. The big bulk of WEEE end up in landfills, incinerators, even make fulling in sites. It is well-known that many of these lan dfills emit outflowing discharges, and even the best constructed and controlled leak chemicals and metals. The state of affairs can decline depending on how old the landfill is. Vaporization of metallic quicksilver and dimethyl quicksilver is besides unsafe and can take to puting fires in the landfills that pose a hazard to wellness and the environment. Furthermore, Jeffries ( 2006 ) explains that because it is less expensive to direct it abroad than to cover with it The concealed face of E-waste 4 ourselves, a big measure of rubbish is on a regular basis shipped to landfills in developing states like India, China, and Africa. These states all receive big sums of imported computing machines, cellular telephones, and other electronic waste, some of which is reused but most of which is dumped into a heap. The export of WEEE to developing states is a hazardous method of direction, sometimes illegal, but profitable for companies from industrialised states. The illegal export sometimes takes the visual aspect of giving. This is possible given the ordinances are frequently missing in asperity in developing states and the costs of the work force are really low. Are at that place other solutions? There are three options available to handle electronics before they end up as waste. These options are storage, reuse and recycling. However, in Canada, electronic waste is normally stored in landfills. There is another manner of covering with WEEE and that is through reuse. An illustration of reuse can be observed in India. In this state, out of the five million Personal computers, 27 % of theoretical accounts are 8 old ages of age or older. The reuse can so be a good manner to widen the life of a merchandise. However, the sad world is that most of e-waste is non properly dealt with. It is really common for developed states to direct their old contraptions to developing states, either lawfully or illicitly. This action constitutes a temporal solution to their disposal job. Another manner of disposing of your refuse is through recycling. Nevertheless, frequently regarded as a positive procedure, in this context, the â€Å" recycling † is a somewhat different proccess. It inclu des dismantlement, tear uping, incineration, and frequently exportation. It is seldom regulated and involves many hazards like the irremediable taint of the H2O, the dirt and the ambiance ( UNEP, 2005 ) . Merely 20 % of e-waste really go through the recycling procedure. Although the measures of waste are increasing, the industry is slow to develop systems of modern recycling. The concealed face of E-waste 5 What are the impacts? The disposal of e-waste has a major negative impacts on the environment, which consequences in impacting people ‘s wellness. The recycling procedure of these merchandises in developing states is really distressing, particularly as methods are crude and people are frequently faced with fundamental and unsafe working conditions working without protection for the custodies or for the face. Gass, acidic solutions, toxic exhausts and contaminated ash from these centres pose serious jobs for wellness and environment. And it is precisely due to the hapless quality of the H2O and the contaminated dirt that we find serious unwellnesss. It has been found that the e-waste recycling activities were responsible for promoting blood lead degrees in Chinese kids from Guiyu, a little recycling town on the South China seashore. It has been found that its pollution rate is 180 times superior than the bounds fixed by the World Health Organization. ( Monika, 2010 ) . The e-waste industry is using a bout 150,000 people in Guiyu and 25,000 more work in the junkyards of New Delhi, in India. In malice of the backbreaking and unsafe conditions, workers will merely gain between 1 and 4 dollars a twenty-four hours ( Kielburger, 2008 ) . What can we make? To cut down pollution, assorted policies are being evaluated, developed and implemented. Canada joined the Basel Convention on Control of Transboundary Movements of Hazardous Wastes and their Disposal in 1992. This was created to halt economically profitable methods of cargos of unsafe waste to states that refuse e-waste import. But why would anyone accept to go the rubbish bin of the indutrialised universe ‘s e-waste? Robbins ( 2007 ) clarifies the grounds for the start of this commercialism in the undermentioned words: The concealed face of E-waste 6 Poorer states were likely to accept exported wastes because their high international debt tonss and weak economic systems positioned them ill to reject any income-generating activities. As the debatable and unfair nature of the international toxins trade became better recognized, concern led to developing and implementing international controls. ( p. 101-102 ) Some states are implementing plans pollution bar and minimisation waste. Among these attacks, â€Å" Producer Responsibility â€Å" ( EPR ) is important. The nonsubjective: doing importers of electrical and electronic devices responsible for the life rhythm of their merchandises. The rule is that makers have an involvement to ease recycling and dismantlement, to restrict the usage of resources, pollution and waste. This can merely be done through a design and through recommending ecological reuse and effectual recycling. In decision, based on the dismaying menace that e-waste represents, it is indispensable to allow the general public be cognizant of the serious effects that e-waste has on our environment and our wellness. Our local authoritiess should besides be informed of this so that they can set up an substructure for safe direction of WEEE. Even though pull offing e-waste is an expensive procedure, we are called to get down sing what schemes could be undertaken to make a responsible e-waste direction, minimise its production and do its constituents easy to recycle and recycle. The concealed face of E-waste 7 How to cite The Hidden Face Of Ewaste Environmental Sciences Essay, Essay examples

Teen Ager Rununig Away from Home free essay sample

The first cause of running away is conditions in the family. We will write a custom essay sample on Teen Ager Rununig Away from Home or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page One of the reasons is because they come from broken homes where their parents are divorced. They do not get enough love and care from their parents. As a result, they will go and find love and care elsewhere. Some parents have the habit of quarrelling in front of their children. The children feel ashamed of their parents and cannot stand this kind of environment. In the end they run away from home. Some parents are too strict with their children. They always punished, scold and lecture their children. They also put too much pressure on their children especially in their studies. Actually they should encourage and guide them more instead of putting unrealistic goals on their lives. Most teenagers do not like to be restricted and treated like children. They want to have their own freedom. They like to I think, the main causes why a teen-ager might run away from home are first, trouble at home between the parents and second, a bad bahavior of a teen-ager that is absolutely not accepted in the family. In some families, the parents are often argueing with each other. That might have different reasons, for instance, alcohol could play a part. If the father drank a lot of alcohol and possibly beat his wife, there would be a really bad situation at home. I think trouble between the parents hurts the children more than the parents themselfs. When a child has become older and has grown up to a teen-ager, he or she might decide not to go on enduring such a terrible situation and might indeed leave home forever. A second aspect I indicate is the behaviour of a treen-ager. In general, teen-agers change their behaviour during adolescence and start making their own decisions. These decisions do frequently harm themselfs. However, they have to make experiences and perhaps act concerning by wearing broken clothes, colouring their hair or start drinking alcohol, taking drugs and spending many nights in discos or clubs. Not all teen-agers act equally strong in this period of time, but some behave in a way that is no longer accepted in a family. Thus, over time, punishments has to be a result of this to make the teen-ager clear that he or she is not allowed to go on like this. If the teen-ager did not change his behaviour but wanted to procede, he either would leave home or would have to leave home. In conclusion, a bad and intolarant behaviour of either the parents or the teen-ager could move a teen-ager running away from home. I think, the main causes why a teen-ager might run away from home are first, trouble at home between the parents and second, a bad bahavior of a teen-ager that is absolutely not accepted in the family. The last cause may be drugs. Many teenagers at the age of about fourteen and fifteen began exploring with different drugs if it is available. Many try it once and never again, while others are weak minded and begin to take advantage of them, and before you know it they have a drug problem. Now the drug problem is quite so bad until the parents begin noticing a change and confront them with it, normally the teenager is still in denial or to afraid to ask for help, so they runaway. There are probably many other reasons why teens runaway, however these are the main causes in my opinion. A word to the wise if you are a parent, do not try to keep your teenagers sheltered, you will only hurt them in the long run. eReasons for running away from home There are many reasons why teenagers leave home without telling anyone. These reasons include: arguments with a parent or other relative  ·stress  ·abuse or violence at home  ·worries about money and debt  ·being thrown out of their home by a parent or carer  ·problems with drugs or alcohol For many teenagers, the actual decision to run away is taken on the spur of the moment. This means that someone who runs away has not thought about:  ·where they will go  ·where they will sleep  ·how they will get access to mone y  ·the effect their decision will have on family members Even if life at home is becoming unbearable, running away might not be the best option, even if it seems like the only one.

Friday, May 1, 2020

Marketing Management Boutique Hotel Marketing Strategies

Question: Describe about the Marketing Management for Boutique Hotel Marketing Strategies. Answer: Introduction: In present competitive business environment, every organization is looking to implement several unique strategies that can provide competitive advantage to the market. However, implementation of different marketing strategies depend various factors. Therefore, it is critical for the organizations to evaluate all the factors before implementing any marketing plan. Otherwise, organizations might not able to gain desire success due to implementation of the marketing plan. In this report, the prime focus will be on the hotel industry. Over the past few years, average per capita income of people has grown significantly. As a result, people are now more willing to spend money on improving the quality of the leisure. This has provided huge amount of impact on the success of the hotel industry. However, increase in popularity has induces many organizations to get involved into the hotel sector. Therefore, hotel industry is presently experiencing huge amount of competition. For that reason, t he report will focus on the competitors and market structure analysis in order to develop effective marketing plan. Application of management principles, concepts and practices in marketing decision making: As per the article by Wang (2012), effectiveness of the marketing decision heavily depends on the structure of the market. Since, structure of the market helps organizations to identify several competitive threats that organizations have to face in order to maintain its position in the market. Market structure is heavily dependent on the presence of number of organizations in the industry. Market structure can be divided into four categories namely monopolistic competition, perfect competition, monopoly and oligopoly. A perfect competitive market structure defines a bunch of small organizations in the same industry. As a result, none of the organization possesses the ability to affect the pricing structure. For instance, Saffire Freycinet formulate its pricing structure according to the pricing standard of the market. Otherwise, the hotel will fail to maintain its position in the market. A monopolistic market structure represent a market where many seller sales several products. This market structure also has different buyers. As a result, it allows organizations to implement a range of prices instead of a single pricing structure. For instance, Emporium Hotel Brisbane utilizes this market structure in order to gain competitive advantage in the market. Utilization of monopolistic market structure has allows to the hotel to position themselves in a better way in the market. Oligopolistic market structure represents a small number of organizations working in the same industry. However, organizations in hotel industry have to face huge amount of competition. Therefore, they possess very limited ability to affect the pricing structure of the market. In fact, hotel industrys pricing structure is heavily depended on the demand supply equation of the market. As a result, hotels often charges high prices in the festive seasons. For instance, Grand Hyatt Melbourne utilizes different pricing structure in different season in order to maintain the revenue at the expected l evel. Since, demands for hotels are very high in these seasons. On the other hand, hotels have to maintain low pricing strategy at the time of lean season. Analysis of the market structure and competitors is extremely crucial, as it allows organization to implement the best possible plan for the maintaining competitive advantage in the market. According to Mohammed, Rashid Tahir (2014) decision-making is a process that organizations utilize to counter with several threats and opportunities so that organizations can able to fulfill its goals successfully. Generally, management decision making can be divided in to two categories namely non-programmed decisions and programmed decisions. Program decisions reflect routine decisions that managers have to take in order to maintain effective operational process. Non-program decisions reflects unusual situation where managers have to implement innovative managerial decisions to gain competitive advantage in the market. As per the classical decision model, management of the organizations is rational and logical. Therefore, this model assumes that the managers are capable of taking decisions that will help organizations to gain competitive advantage in the market. Figure 1: The classical model of decision-making (Source: Mohammed Rashid, 2012) As mentioned in the article by Morrison (2013) marketing decision-making has to follow systematic procedure in order to have optimum impact on the market. Furthermore, systematic maintenance of the procedures will allow organizations to improve its position in the market. The systematic steps for decision-making are discuss as follows: Figure 2: Decision making steps (Source: McManus, 2013) From the above figure, it can be assess that identification of the areas will have to be made by the organizations. Thereafter, organizations will have to frame the problem and also have to generate different alternatives that can have impact on the organizational success. Then, organizations will have to select a particular alternative that can have best possible impact on the promotional campaign of the organization. Then organizations will have to utilize the selected technique to get closer to the potential customers. In the final step of the decision-making, organizations will have to consider the feedback from the market. Since, considering feedback will allow organizations to identify the places or the areas of the businesses that have to be changed in order to implement management decision for the effective utilization of the business. Critical analysis of the marketing functions: As per the article by McDaniel Gates (2013), operational and marketing planning is crucial for an organization to remain competitive in the market. Specifically for the hotel industry, which is experiencing huge amount of growth in continues manner. Therefore, marketing planning will allow utilize all the resources of the organization in an effective manner. Many studies have highlighted the fact that marketing planning can be separated into two parts such as operational planning and strategic planning. Operational planning is a crucial factor that organizations have to consider in order to implement effective marketing strategies effectively. Utilization of the effective operational processes will allow organizations to reduce the cost for maintain the business. As a result, it will allow organization to focus more on the marketing strategies (Winston, 2012). Operational planning will also allow organizations to develop tactics for the future development of the businesses. On the o ther hand, strategic planning of the organizations deal with shapes and structure of the business processes. It will also help organization to develop marketing objectives and goals so that they can able to implement business strategies in a much more effective way. As per the article by Martin Isozaki (2013), marketing planning involves setting goals and objectives, designing and implementation of the selected plan. It also involves controlling and monitoring of the plan that has executed. The marketing planning process involves planning, analysis, control and implementation. The marketing planning process is describes as follows: Figure 3: Marketing planning process (Source: Lahap et al., 2016) However, Kotler et al. (2015) mentioned that implementation and control of the marketing plan depends on several internal and external factors that organization has to consider in order to have optimum effect on the business processes. In case of external factor, organizations have to focus on political, legal, social, technological factor, as it can create difficulties in the organizational developmental process. Specifically, in case of hotel industry, organizations have to consider political pressure in order to conduct the business effectively. Furthermore, government also implements different rules and regulation that affects the operational process of the organization. Technology is another factor that can have huge amount of impact on the business process of the hotel industry (Westwood, 2013). Since, different organizations is utilizing different technologically advance strategies that are enhancing the present level of the business for the organization. Thus, without the pro per utilization of the technological factor, organization dealing in the hotel industry cannot able to prosper in the market. In case of internal factor, organizations will have to focus to the factors like leadership, culture, processes, resources etc. For instance, leadership style is the key in developing marketing plan. Since, many studies have found that aggressive leadership style often leads to utilization of the aggressive marketing plan. Furthermore, leadership plays a key role in developing utilizing all the internal resources so that the marketing plan can be implemented in an effective manner. As per the article by Kotler et al. (2015), organizational culture also has greater impact on the marketing planning process. Specifically for the service industry, organizations will have to implement proper organizational culture so that it can able to sustain its position in the market. Key outcome of the value cycle: As mentioned in the article by Chan (2014) value cycle reflects a conceptual framework that plays crucial role for continues evaluation of the marketing planning process. Value chain cycle helps organization to develop momentum to add value on the marketing process. Value cycle also helps organization to analyze the factors like comparative advantage, competitive advantage, value proposition, market base performance effectively. As a result, it allows organizations to understand the effectiveness of the implemented marketing processes for the success of the organization. According to Hollensen (2015) majority of the organization utilize value cycle as an integrated process that includes governing objectives, priorities, performance scorecard and vision. Therefore, it allows organizations to measure the effect of the implemented strategies in the market. Outcome of the value cycle consists of seven prime steps that help organizations to manage both external and internal factors in a m uch more effective manner. Figure 4: Outcome of the value cycle (Source: Chan, 2013) Segmentation analysis and its impact on the marketing decisions: As per the article by Boone Kurtz (2013), utilization of the segmentation analysis can allow organization to implement marketing decision much more effectively. Thus, segmentation analysis has the potential to help organization at the time of utilizing all the organizational factors. Many studies have highlighted that market segmentation is a kind of process that identify and analyze all the potential customers that can help organization to achieve their pre-developed target. In fact, segmentation analysis allows an organization to understand demographics of the customers. Therefore, it allows organizations to motivate potential customers to avail the services of the hotels. As per the article by Boenigk Schuchardt (2013), market segmentation helps organizations in breaking down the total market into distinct segments and subgroups. Therefore, it allows organization to utilize different type of marketing plan for the different segment or subgroups. It allows organizations to get closer to the potential customer, which eventually reflects through the increase in the revenue level. In fact, it helps organizations to utilize distinctive marketing mix strategy so that the selected marketing plan can able to create impact on each and every segment of the market. The prime objective of the market segmentation is to leverage scare resources appropriately. From different perspective, it ensures that all the elements of the marketing mix are designed to fulfill specific needs of the particular groups. Thus, it has special characteristics that are important to the implemented marketing strategy. Therefore, it also highlighted the importance of market segmentation for the proper utilization of the developed marketing plan (Yameen, 2013). The central focus of the market segmentation is based on the identified issue and grouping heterogeneous customers into a particular group. As per the article by Ali et al. (2015), organizations can utilize several approaches at the time of segmenting the market. In the first approach, organizations will have to follow breakdown method. Since, allow organizations to group customers who share specific differences. In the second approach, organizations can use buildup method, as it allows organizations to consider all the customers that are different from each other. Many studies have highlighted that breakdown approach is the most popular approach that organizations consider at the time of segmenting the entire marketing in different groups and subgroups. It also highlighted that the buildup approach is very complex, as it focus on the characteristic of each and every individuals. Hover, organizations can utilize number of strategies for segmenting the market. According to Almeida et al. (2012), effectiveness of the segmentation depends on arriving at segments that are accessible, measurable, actionable, and differentiabl e. Measurable segment is implemented where segment size and related purchasing power are quantified. Accessible market segment reflects the degree to which an organization can able to reach its target segment efficiently. Many studies have also highlighted that segment must have to be substantial so that it can able to provide enough profit for the organization. In fact, lack of size of the selected segment can actually increases the cost level that organizations have to put in order to implement effective marketing plan. Conclusion: From the above discussion, it can be assess that organizations will have to consider many factors in order to create impact on the overall effectiveness of the marketing plan. However, organizations will have to utilize all the factors in an effective way so that the marketing plan can able to fulfill its objectives. The report also highlighted different types of decision-making model that organizations utilize so that the planning can be implemented in an effective manner. It also highlighted that organizations have to maintain a systematic procedure at the time of developing any particular marketing plan for the organization. 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