Wednesday, November 27, 2019

Valley Homes v Ace Minerals Corp Essay Example

Valley Homes v Ace Minerals Corp Essay Jones is a young, recently hired female salesperson working for Valley Homes, a small company manufacturing and selling prefabricated dwellings. They sell primarily to people wanting to build their own cabins and summer homes. Jones job consists in working out the designs with the customers, pricing that design, and then working out the specifics with the engineering section, which develops plans and sets out the exact specifications for the production of the dwelling. She then follows up with the customer, even providing a contractor to build the dwelling if needed. A large mining company, Ace Minerals Corporation, as part of the development of a huge mineral deposit in northern Manitoba had to build a townsite for the miners and their families consisting of some 50 dwellings as well as a sports and recreation complex. Under the supervision of the vice-president of finance, Li, Ace Minerals published a request for tenders for the supply and erection of these 50 homes and recreation centre. Upon request Ace provided the specifications and the other details of the tendering process, including a statement that 1) once submitted the bid could not be withdrawn before the formal opening of all the bids (2) the lowest bid would be accepted, following the standard practice in the industry. Jones obtained these details and brought them to the attention of the Valley Homes executive arguing that the company had to change their method of doing business from just servicing the residential retail market and get more into the growing industrial sector. This was consistent with conversations that had recently taken place between the president of the company and major shareholders and so it was decided to submit a bid on the Ace Minerals project. We will write a custom essay sample on Valley Homes v Ace Minerals Corp specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Valley Homes v Ace Minerals Corp specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Valley Homes v Ace Minerals Corp specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Jones and Brundel, the sales manager, were designated as the team to develop Valley Homes bid. They worked for several days, enlisting the help of the engineering department completing and submitting the bid on the day specified by Ace. That evening Jones was reviewing the bid and to her horror discovered a significant error in the calculations prepared by Brundel, the sales manager. Jones quickly redid the calculations and found to her added horror that instead of making a 15 percent profit on the deal they would suffer a 20 percent loss. On such a huge order this could be enough to bankrupt the company. On further examination it became clear that Brundel had intentionally structured the error and cleverly hid it in a way that made it very difficult to find. It was only by chance that Jones had discovered the error at all. It was later learned that Brundel as sales manager felt threatened by this business brought in by the upstart Jones and set out to sabotage the project to make sure things stayed the way they were. He felt that when the deal lost money, Jones would be blamed and he could then get rid of Jones with the blessing of the president. Jones brought the miscalculations and conduct of Brundel to the attention of the resident of the company. The president called Brundel into the office, confronted him with what he had done and it was at this point that Brundel broke down, confessed his misconduct and explained that because of his age he felt threatened by Jones and worried that he would lose his position to her. The president fired Brundel outright, and then went to the offices of the mining company. He met with the vice-president of finance, Li, and presented him with a letter explaining the mistake and in a formal way revoking the bid that had been submitted the day before. Although the bids had not yet been opened, Li declared that even though he was very sympathetic to the problems of Valley Homes, he could not interfere with the integrity of the bidding process once the bid had been accepted by the company for consideration. He said that they would simply have to wait until that afternoon when the bids would be opened to determine their fate. When the bids were opened, not surprisingly, Valley Homes was the lowest bidder and their bid was then automatically accepted by Ace. The next day the president of Valley Homes and Jones met a management team of Ace headed by Li, where the problem was discussed. The Ace group confirmed their position but did indicate an understanding of the difficult position that Valley Homes found themselves in. They also pointed out that they realized that it was not in their interests to see Valley Homes fail and not be able to finish the job. They therefore agreed that if the project was satisfactorily completed on time, a bonus of would be paid to Valley Homes of half the difference between their price and the next lowest bid. This would allow Valley Homes to do just a little better than break even on the job, thus avoiding bankruptcy. It was also understood that there would likely be future dealings between these two companies and because of the good relations created in this meeting Valley Homes would give Ace Minerals an especially good deal on the next project. As the project proceeded, a series of payments were made to Valley Homes, all 59 days after the date specified in the contract. As is normally the case with these kinds of projects, there was a clause in the contract whereby Ace would not have to pay interest on any late payments so long as payment was received by Valley within 60 days of the day payable. Eventually the project was finished on time to the satisfaction of all parties, but the bonus was not paid. Valley Homes waited the specified 60 days and when the bonus was still not paid, they went to Lis office for an explanation. They learned at this time that Li had been replaced and they were invited to meet with the new vice-president of finance, Mr. Grey. He explained that over the months Ace had carefully monitored the project and the health of Valley Homes and had decided that they were in better financial shape than either party had anticipated. Bankruptcy was not a threat and therefore the mining company had decided not to pay the bonus. Mr. Grey went on to explain that they were entirely satisfied with the work that had been done and that Valley Homes should in no way take this failure to pay the bonus as an indication of dissatisfaction on their part with the company, the personnel, or the quality or timeliness of the work performed. In fact Greys final comment was that he hoped that the two companies would have many years of cooperative ventures in the future. Discuss the options available to Valley Homes in these circumstances. There is great uncertainty about what the present Anglo-Canadian law of mistake is. No two authors agree in their analysis and the same confusion exists in the case law. Reputable scholars often disagree about the interpretation of the same case. (Report on Amendment of the Law of Contract, at 252) In our case, Valley Homes v. Ace Minerals Corp. , we identified several legal issues that Valley Homes, a small manufacturing and selling prefabricated dwellings company, encountered from the moment they decided to submit a bid on the Ace Minerals project.

Saturday, November 23, 2019

Know Your Eschatology

Know Your Eschatology Know Your Eschatology Know Your Eschatology By Maeve Maddox Political discussion these days often slips into the area of religion, particularly a belief in something called the Rapture. This might be a good time to look at some Christian theological terms and their definitions. eschatology [Ä•skÉ™-tÃ… lÉ™-jÄ“] 1844, from Gk. eskhatos last, furthest, remote. As a theological term it means the study of last things, i.e. death, judgment, heaven, and hell. parousia [prÃ… «-sÄ“É™, pÉ™-rÃ… «zÄ“-É™] -A Greek term that means arrival or coming. It is usually used to mean the Second Coming of Christ. Millennium [mÉ™-lÄ•nÄ“-É™m] from L. mille thousand + annus year, hence a period of 1,000 years. In Christian theology it denotes a period of 1,000 years during which Christ rules on Earth, a golden age, a time of universal peace. Amillennialism The a is a negative. This is the teaching that there is no literal 1,000 year reign of Christ as referenced in Revelation 20. Instead, it teaches that we are in the Millennium now. At the end of this millennium Christ will return. The final judgment will take place and the heavens and the earth will then be destroyed and remade. Antichrist a figure who opposes God. The word is used to describe a spirit of rebellion against God. Taken literally it refers to a specific future person who actively opposes Christ. He is able to perform miracles. Some believe he will be an incarnation of Satan. Christ will defeat him in a final battle. Armageddon [rmÉ™-gÄ•dn] the battle in which Christ destroys Satan, hence any complete disaster resulting in the end of the world. Tribulation a seven-year interval when a world religious-political leader called the Antichrist takes power. Rapture from Medieval Latin raptura, seizure, rape, kidnapping from Latin raptus a carrying off. An eschatological event in which true Christians are caught up in the air to meet the returning Christ. NOTE: There is disagreement as to whether the Rapture will take place before, after, or during the Tribulation. Historical Premillennialism a belief held by a large percentage of Christians during the first three centuries of Christianity. It is the belief that the Antichrist appears on earth and sets off the seven-year Tribulation. At the end of the seven years Christ comes, the saved are raptured, and his Church rules the Earth for a Millennium. During this thousand years of peace the faithful live in Jerusalem, occupying spiritual bodies. After this period, all people are judged. The faithful will spend eternity on a new earth, not in heaven. NOTE: After Christianity became the official religion of Rome in the fourth century CE, this belief was declared a heresy and suppressed. The belief reappeared in the 19th century and, with several variations, has again become widespread. Post-millennialism [pÃ… stmÉ™-lÄ•nÄ“-É™-lÄ ­zÉ™m] the belief that Jesus established the Kingdom of God in the first century and that we are already in the Millennium (not an exact 1,000 years, but a very long time). The Second Coming will occur after (post) this current Millennium. Pre-millennialism [prÄ“mÄ ­-lÄ•nÄ“-É™-lÄ ­zÉ™m] (1844) the belief that the Millennium lies in the future. Christ will come, bind Satan and his helpers, and rule over a peaceful earth for 1,000 years. At the end of that time Christ will release Satan and his angels who will raise an army which Jesus will destroy in the Battle of Armageddon. The Last Judgment will occur and a new heaven and new earth created. Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Expressions category, check our popular posts, or choose a related post below:30 Religious Terms You Should KnowComma Before But12 Misunderstood and Misquoted Shakespearean Expressions

Thursday, November 21, 2019

Race and Your Community Research Paper Example | Topics and Well Written Essays - 1500 words

Race and Your Community - Research Paper Example However, globalization has come to change how people perceive those from other races. There is more appreciation nowadays that people irrespective of race are just but human beings and can live in peace as brothers as sisters. For a society to grow racial tolerance is essential. This paper looks into various influences of race in my community in Phoenix, Arizona. Discussion Working in a copper mining company in Phoenix has helped me to develop the way I perceive people from different racial backgrounds. It is however not easy to intermingle freely with people from other races. There are still minor tensions that exist which get eroded as people work together more and share experiences. I work as a clerk whereby I attend to all people irrespective of their position in the company. I have come to disregard the popular belief that people exhibit differences based on their racial affiliations. It is however true that people from different races normally behave and perceive things differe ntly. My analysis on this issue is that this happens based not on their race but their background or environment. The basic issue is that all people be they Caucasians, Hispanics, Asians or African Americans, exhibit similarities in their values and beliefs. From my family background we were always taught that all people are equal in the eyes of the Creator and as such we should see them in the same light. Racism therefore forms a less important issue of debate in my community but should not be neglected altogether as scattered incidences still happen (Hartmann & Cornell, 2007). I can remember vividly when I was little where both in school and at home children used to play together irrespective of their race. It is after we grew up that we started taking racial differences more consciously. What we were being taught as children was basically to respect other people especially the elders. Respect for each other was also heavily emphasized by our parents where fighting or insulting an other child was heavily punished. Looking back in my childhood neighborhood I can recall that older people from the same race tended to socialize more despite there being no other major differences among people. I think this was due to the fact that the racial differences were quite intense when they were growing up and segregation became part of their life and routine. The media in Phoenix has been unbiased along racial lines. What forms the basis of news is what is worth being aired as news and not an individual’s race. For this media what is important is the way they will deliver their stories to captivate their listeners and viewers. Due to heightened competition between media houses what matters to them is how many listeners and viewers they have managed to capture (Hartmann & Cornell, 2007). As such, they try their best to remain unbiased irrespective of the character at the center of news or controversy. This is partly due to the realization that without people from al l races forming their clientele base, success in the media business is impossible. The media in Phoenix therefore offers African Americans, Hispanics and Caucasians a level playing field when it comes to content in their news and programing. In Phoenix leadership is well shared by people from different races. It therefore presents the rich diversity of races that inhabit this state. It is important to appreciate that inhabitants of Phoenix hail not only from

Wednesday, November 20, 2019

Psychological-profiling-of-terrorists Essay Example | Topics and Well Written Essays - 750 words

Psychological-profiling-of-terrorists - Essay Example Before Israel was evicted, it had been involved in combat with the Palestine’s Palestine Liberation Organization in Lebanon. Israel had been involved in this war against the Palestine Liberation Organization in the Southern Lebanon where Israel had invaded and sieged Beirut. The Shia Muslim community then rebelled against Israel through guerrilla warfare after recognized that Israel had no aim of leaving Lebanon. This warfare was inducted by a political group in Lebanon known as the Amal Movement meaning hope (Azani, 2011).The Lebanese Shia Muslim Community had sympathized with the Israelites to get rid of the Palestinian Liberation Organization. This later turned to disillusionment when the Israelites held talks with only the ruling Christian pecking order. This infuriated the Muslims as they saw that they were not considered. They also rose up to establish Islamic rule over Lebanon. They had been disproportionately been represented in the country’s institutions. They also were involved in a war with the Israelites in 2006 which led to the death of 1000 Lebanese a 1,000,000 people were displaced. The war started as Lebanon attempted to pressure Israel to release them (Cordesman, 2007).Hezbollah used well laid suicide bombing, killings and by conquering soldiers in the other parts of the Middle East. They continued to fight the Israel Defense Forces (IDF) using suicide attacks. Later the Hezbollah turned into a paramilitary group where they changed their tactics from capturing the Israel soldiers into the use of missiles. and other explosives and detonations. Syria, at the finalization of the Lebanese war, took control over Lebanon and allowed the Hezbollah to keep their military weapons and to control the southern Lebanon and the Israel border (Azani, 2011). Later in 1990’s, Hezbollah turned to a political group where it was involved in elections in 1992 and won the 12 seats it had contested for in the electoral list. Later in 1997, Hezbollah established an army unit to fight against Israel Occupation. Later in the year 2000 Israel withdrew its militia from Lebanon. This signified the victory of Hezbollah. After the withdrawal of the Israel Defense Forces from Lebanon, Hezbollah’s main aim had been accomplished and they now started expanding their influence over other terror groups such as the Palestinian groups in West Bank and Gaza by furnishing them with knowhow on military and even sponsored them financially and with equipments (Azani, 2011). Hezbollah provides social services to the Lebanese community through provision of hospitals and education through schools countrywide. Hezbollah has also organized a Martyr’s Institute which assures to offer living and education costs for their soldiers who die in wars. The United Nations also noticed through an IRIN news report that Hezbollah is not only armed and political wings but also has large social development program where it operates four hospitals, 11 clinics, 11 schools and 2

Sunday, November 17, 2019

Caribbean Political Philosophy Essay Example for Free

Caribbean Political Philosophy Essay Western Political Philosophy in the opinion of this essay is a concerted attempt to project and impose on a hapless people a foundation for immediate, continued domination and exploitation, we, therefore as a united Caribbean people, cannot solve our problems with the same thinking that created them. This paper identifies and discusses the central themes (thinking) of Gordon Lewis’ Main Currents in Caribbean Thought, Paget Henrys’ Calibans Reason, Rex Nettlefords’ â€Å"The Battle for Space† and Charles W. Mills’ Blackness Visible. This identification and discussion (generally) is achieved by tracing the evolution of Caribbean Political thought through an examination of race/class, explanations of underdevelopment, perspectives on dependency and the anti colonial movement inter alia. The paper goes on to explain (specifically) the manner in which these works assist in understanding the characteristic features, concerns and content of Caribbean political thought. The final section briefly examines where the Caribbean is at currently by isolating the present set of circumstances engaging the islands. In doing so the paper hopes to make a contribution to the understanding and progress of Caribbean political thought. INTRODUCTION The Caribbean has been described as an area of European colonisation and exploitation through slavery and the plantation system according to Dennis Benn (1987), it has also been described in terms of the product of these conjoined variables, the product of a racial mixture of African, European and Asian referred to as Creole. Nigel Bolland (2004) describes Creole as locally born persons of non-native origin, which, in the Americas, generally means people of either African or European ancestry. This essay goes further and defines this groups’ contribution to this space, diverse in cultural, ethnic and religious inputs, in terms of the new demands to be made on the state from the product of the aforementioned conjoining. Contribution is achieved by way of a clearly articulated political philosophy moderating the competing interest. It is this articulation that is the purview of this essay. To this end an effort will be made to identify and critically discuss the central themes of Gordon Lewis’ â€Å"Main Currents in Caribbean Thought†, Paget Henrys’ â€Å"Caliban’s Reason†, Rex Nettlefords’ â€Å"The Battle for Space† and Charles W. Mills’ â€Å"Blackness Visible†. To achieve the necessary coverage of the issues the essay will proceed as follows: an analysis of the characteristic features, concerns and content of Caribbean political thought. Comparisons will be made to typically distinctive aspects of African and European political philosophy (characteristic features), democracy, representation, institutional arrangement and authority (concerns), equality, social justice, welfare (content). It is by this comparison to the assumed standard that a location of Caribbean political thought could be made and understanding of its existence assessed. Finally the understanding sought will be put to use in locating the Caribbean in this global milieu. It is hoped that a contribution however small will contribute to the ongoing development of Caribbean Political Thought. CHARACTERISTIC FEATURES The assumption that philosophy is held as a European monopoly is grounded in an intellectual tradition whose history consists of the evolution of men’s thoughts about political problems over time according to Sabine and Thorson (1973). Thankfully, there is balance to the discussion accorded by nuanced analysis describing the aforementioned assertion as a false assumption given that these phenomena as known to the Greek were but artefacts of thought George Belle (1996). The question must, therefore, be asked to what extent the character of Caribbean political philosophy shown a level of independence from western political philosophy and by extention an enlightened path that reflects its African/European/Asian origin and coalescence of its peoples (Creole). This coalescence is described, to a large extent, by C W Mills (1998) as â€Å"the coexistence of parallel but incompatible institutional arrangements within a recognised political state† speaks clearly to the many complex issues engaging the multitude of interest acting within this Caribbean. Significantly and more importantly, is the anti-colonial struggle that is fought at the level of the psyche through cultural and spiritual expressions Paget Henry (1997). This essay will examine both examples and place them into context. Henry argues that religion has undergone systematic alienation within the Caribbean theatre by way of a â€Å"lowering of its register or importance to thought. † His observations show an embrace of Eurocentric Christianity used by the former colonials as a tool of control and subordination culminating in a radical disenfranchising of traditional African religions pertaining to inherited Afro-Caribbean Christianity (voodoo and shango). He explained: â€Å"A deployment of binaries (negative assertions) led to European/Christian denials of the existence of an African religious philosophy, significantly and more importantly, is the anti-colonial struggle that is fought at the level of the psyche through cultural and spiritual expressions. † What is noted by Henry is the idea that stagnation has been allowed to take root in the philosophy allowing gaps for re-colonisation. These gaps are identified by Mills (1998) as he draws on the efforts of David T Wellman (1993) who made clear: â€Å"It has been argued that the historic source of white racism lies in a combination of religious intolerance and cultural predispositions to see non-whites as alien. The medieval battles against Islam are then the precursors of the racism that was to accompany European expansionism into the world. African religions were seen as devil worship, black culture and customs viewed as mumbo jumbo, paradigmatically bizarre. † Henry and Mills collectively recognised the Eurocentric imposition that has come to be known as Christianity and its use as a tool to negatively impact race relations dividing and colonising a people. The expectation would be a Caribbean response in defense and ownership of that cosmology which was African. Instead, according to Belle (1996), an intellectual stasis was the result complementing the concept of negative binaries. Belle went on to intimate: â€Å"Haitian political actors culturally trivialised and ridiculed voodum. The role of voodum, a spiritual expression, in the Haitian experience was central for them in their supernatural and cultural expressions within an anti colonial context. † Recall Mills (1998) â€Å"incompatible institutional arrangement† alluded to earlier; consider that Henry was able to capture the Haitian dynamic beautifully, this also in the context that Haiti holds the distinction of being the first independent black state of the new world. He expressed it as â€Å"A series of extended debates between the major competing racial groups of the: Euro-Caribbean, Amerindians, Indo-Caribbean and Afro-Caribbean over projects of colonial domination. The philosophical productions of the Euro-Caribbean were aimed at effecting European political and social hegemony (recall Belle (1996)). While, in contrast, the philosophical undertakings of the Indo-Caribbean and Afro-Caribbean were aimed at destroying European hegemony by destroying the legitimacy of their colonial projects. † It is clear from these attempts to define the character of Caribbean political philosophy emphasis has been placed on its utility as an anti colonial tool for overcoming and overturning projects of European hegemony according to Henry (1995). At the heart of these projects are attempts to minimise the effort to develop an alternative to Christianity, reconnection to an African cosmology that bore witness to the imposition of European dogma and through the condemnation of Islam. This essay accepts that any attempt to build out a project must at the same time have a level of self assessment attempted by Mills and Henry in this instance. What are of concern to this essay are efforts from within to compromise the character of the project. It is left to be determined if concerns (to be discussed) will suffer the same fate. CONCERNS The classic argument in favour of western political thought is found in social-contract theories, first proposed by seventeenth-century philosophers Thomas Hobbes and John Locke. Social-contract theory, in fact, constitutes the basis for concerns in modern political thought according to Andrew Heywood (2004). The argument is referenced to society without government, a so-called ‘state of nature’. Hobbes poignantly describes this state of nature as being ‘solitary, poor, nasty, brutish and short’ reinforcing that without government to restrain selfish impulses, order and stability would be impossible. To what extent has this argument been a part of the contribution concerning Caribbean political philosophers or has there been a redefining of Hobbes’ position? Paget Henry (2000) identifies a situation of what came natural to the African and the colonial intrusion of a self appointed hegemonic force. In an attempt to locate the discussion within the confines of the state Henry draws on Kwameh Nkrumah (1965) to establish a modern ideology unlike the European articulation of Hobbes state of nature. The African assessment is one of diametric opposition, Nkrumah explains: â€Å"The traditional face of Africa includes an attitude toward man which can only be described, in its social manifestation, as being socialist. This arises from the fact that man is regarded in Africa as primarily a spiritual being, a being endowed originally with certain inward dignity, integrity and value. † This rationality of the African locates him apart from his European counterpart. Henry showed the widespread existence of one-party states in Africa was not due to one particular outlook he opined it pointed to the persistence of a traditional political culture that included a â€Å"grammar† of chiefly or kingly political behaviour. The argument is not without reason given the application by Plato to the philosopher kings and much later the Divine Right of Kings show a use of African political structure in an attempt to order a European society. The Caribbean, however, has shown no such inclination having been to a large extent â€Å"trapped in and shaped by social rivalries, ethnic animosities, weak personal/social identity and political fragmentation caused by the twin epiphenomena of slavery and colonialism† according to Gordon Lewis (1983). This is not by accident Lewis argued that the inability of Caribbean people to come to grips with this reality, that was not imagined but was real, left them open to continued exploitation. He went on to explain quite accurately that: â€Å"Slavery was also a powerful ideological deterrent, for it generated a scale of values in the top, dominant groups of the colonies, in which fear of the black masses stifled aspiration for national independence. At every turn in the story, these groups opted for selfish treason rather than for popular revolt. † Lewis contribution established the consequence of the native bourgeoisies economic dependence upon the colonial bourgeoisie. It has never been the intent of the former coloniser to give more for less on the contrary the intent was one of taking more for less. Observe how the power struggle ostensibly between colonised and coloniser gets displaced by power relations within the colonised body politic itself. Remember the argument is one of government structure based on self interest (Hobbes and Locke) against one based on consensus (Paget Henry). Seemingly self-serving political and economic ambitions knows no boundary and does not seek to serve the interests of the newly independent proletariat. Frantz Fanon (1963) suggests the ways in which intellectual leaders often betray the national working-class: â€Å"Before independence, the leader generally embodies the aspirations of the people for independence, political liberty, and national dignity. But as soon as independence is declared, far from embodying in concrete form the needs of the people in what touches bread, land, and the restoration of the country to the sacred hands of the people, the leader will reveal his inner purpose: to become the general president of that company of profiteers impatient for their returns which constitutes the national bourgeoisie. † Fanons assessment is encapsulated by a more specific argument against the existence of a Caribbean Philosophy, it is the perception of the absence of an intellectual tradition, and the belief the Caribbean is a cultural desert. The widely held view of the Caribbean as a region of the three S’s: sea, sand and sex. – A notion upon which the tourism industry has been constructed by and to this day exploited by a select few (national bourgeoisie). The writers, to a large extent, have highlighted the threats to democracy, representation, institutional arrangement and authority by way of concerns. A social contract theory promulgated by the former colonial has been answered by an African option structured on consensus. A timely observation of the constraints to growth based on petty rivalries is a reminder of the island state vulnerability to external influence. This essay suggests that betrayal of the political elite fairly represents the intellectual dilemma the Caribbean is now facing if Fanon (1963) is accepted. This essay argues that if these concerns were addressed maybe the stability of the natural African heritage would have offered up a leader and a type of governance sensitive to the masses and diversification needed. This essay understands the contribution of Henry and Lewis in attempting to show there was an intellectual tradition drawing attention to democracy, institutional arrangement and authority to address the myriad of concerns. CONTENT Issues that, historically and today, have most concerned political philosophers begin with a set of questions about equality, justice and welfare. These could be thought of as an enquiry into the best form of state according to David Miller (1998). It is a fact that for most of our history human beings have not been governed by states hence the free roaming tribes of Africa, Taino and Kalilingo of the Caribbean and not to be left out the marauding barbarians of Europe. From the inception this essay has identified a specific group as central to the continued existence of the Caribbean. Rex Nettleford (1993) and Charles Mills (2007) confirm that centrality by, in the first instance, identifying the group as one of three broad elements shaping the society in the second instance, through a specific schema that embodies a racial polity both starting at diverging points but eventually reaching a mutually understood location. Nettleford has been innovative using the concept of space to draw attention to social injustice; he describes maronnage or â€Å"the retreat into safe psychic sanctums calling on inner reserves beyond the reach of external violators. † This retreat came about with the use of language to communicate, plan and execute rebellion in a tongue foreign to the invaders bringing some equality to a struggle that was always almost dictated by the colonial. He explained â€Å".. Creole, in the proper sense of native-born, native-bred and not in the sense of an aberration of a dialect to the norm of a standard tongue. The very code switching , so normal to Caribbean people in the liberal use of Creole for appropriate circumstances transformed to the lingua franca as the occasion demands (sometimes in one sentence), is a sign of the capacity to master the flow between inner and outer space on one level. † The code switching to which he refers is an attempt to push back an institution not sympathetic to the Creole. To organise and communicate meant the mastery of a tongue foreign to the colonial because the institutions to which he had a monopoly were unequal, lacked social justice and had no welfare. This was identified by an economic relationship that marginalised tray merchants placing the Caribbean person on the periphery of existence according to Nettleford (1993). The exclusion from the vicinity of â€Å"formal commercial enterprises† driving the trader underground to the informal economy away from the formal economy clearly establishes a prima facie case for the judicial, executive and legislative institutions to answer with regard to the adopted precepts of western political thought. Mills wasted no time highlighting the fact that race has been essentially reduced to a minimal debate, glossed over, and otherwise left out of the majority of the multiculturalism literature Mills (1998). His evaluation was logical and nuanced, he argued that: â€Å"Tracing the evolution of the concepts of race and ethnicity race began as a biological and therefore immutable aspect of the human condition, while ethnicity was and is seen as a consequence of culture. Racism and ethnocentrism were differentiated by their essential characterisations: Race is a consequence of biology and therefore racism presumes a biological hierarchy; ethnicity is a consequence of culture and therefore ethnocentrism requires a surrender of cultural distinction and assimilation. † Given the consensus within the scientific community that biological race and thus biological hierarchy do not exist, what pertains in the Caribbean, therefore, in the form of Creole ethnicity and ethnocentrism are seen as relatively more logical and reasoned according to Mills (2007). There is confirmation of this assessment by Lewis (1983). He articulated a position that the Caribbean’s single greatest contribution to political thought is its open exploration of the question concerning race. This exploration, as Lewis puts it, possibly offers a counter to a Eurocentric fetish with its misplaced presumption of superiority on the subject, a sober Caribbean response. The content of Caribbean thought being characterised as overly concerned with the use of race converges to the concept of Creole recall the alignment sought earlier by Nettleford (1993) and Mills (2007) it is no wonder, therefore, that ethnicity as articulated by Mills (2007) is seen as a more politically palatable category to discuss and philosophically legitimate engaging the polity at all levels. As a people are we therefore satisfied with the aforementioned argument in its attempt to reconcile what is a contentiously debated topic? This essay suggest that the attempt at convergence is likely due to the challenge of the (particularism) of Caribbean Political thought essentially a question of authenticity which can be defined as of undisputed origin, genuine, reliable and trustworthy. It is a question of who constitutes the Caribbean person, in this case the African or Asian or European or is it the Creole or maybe none of the previously mentioned. Since it is suggested by some that the attempt at convergence is unlikely must the debate be reduced to one or the other in an attempt to secure an answer? This essay further suggests a complexity that cannot be determined by way of who has the right to speak on behalf of the Caribbean and a claim of superiority. To attempt this would in the opinion of this essay reduce the debate to that which western political thought is insecure in its biological existence. This is where maturity and understanding is paramount in the construction of a worthwhile paradigm independent of western political dogma. UNDERSTANDING CARIBBEAN POLITICAL PHILOSOPHY The term political philosophy often refers to a view, specific political belief or attitude about politics that does not necessarily belong to the technical discipline of philosophy. In short, political philosophy is the activity, as with all philosophy, whereby the conceptual apparatus behind such concepts as aforementioned are analysed, in their history, intent, evolution and the like according to Jean Hampton (1997). Tim Hector questioned, Where is our philosophy? as if to imply that the aforementioned concepts are yet to be found or worst not understood and overlooked. His ask is reasonable given the time our people have occupied this space with the accompanying accoutrements of independence and must be answered against a background of accepted criteria as to what a political philosophy is Hampton (1997). Right or wrong the confluence, convergence, divergence, lack of application that has become synonymous with these islands gives what they have to say a genuine uniqueness. Since independence, for all the limitations, they have not found the need to go on crusades slaughtering millions in the name of God, use an intellectually convenient ideology to foist on the rest of the world a self serving expansionist ideology under developing Africa and the Caribbean in the name of capitalism, murder its own in two world wars and as this essay concludes present globalisation as the new destabilising force. It is the position of this essay that the writers have been able to establish a prima facie case toward a political philosophy; there is history, intent and evolution however more needs to be done if only to say Caribbean political philosophy is not what western political philosophy is. As long as the peoples resist the urge to lean toward their own understanding Caribbean Political Philosophy has a chance to become a global solution to its Western Political nemesis. CONCLUSION It is clear that an understanding of Caribbean political philosophy is an understanding of the post colonial project and the need for the Caribbean to extricate itself from the political dogma that is Eurocentric in construction and delivery. In summary this characterisation of Caribbean thought places a high value on overturning projects of European hegemony Nettleford (1995). So important is this aspect of the project that an epistemology, ontology perspective was developed to give structure and ground the thinking given the purported monopoly expressed by the European. Henry (2000) highlights the key thematic lines along which Caribbean political thought has thus far been expressed. This, however, has not been without controversy the claim that the Caribbean’s single greatest contribution to global thought is its exploration of the question of race Lewis (1983) has triggered the characterisation as overly concerned with the utilisation of race as an analytical category. Mills (2007) answers the characterisation with a nuanced alternative articulating that biological race and thus biological hierarchy do not exist, what pertains in the Caribbean in a form of Creole ethnicity and ethnocentrism. If exclusively defined by the Western Political standards the Caribbean would be hard pressed to identify a political philosophy, the debate is thus confined to what is important to the people occupying the space. The fundamental difference is with application of what needs to be done given that the Caribbean is young relative to its European counterpart then there is more to be accomplished. This essay understands the confluence, convergence, divergence, dialectic that has become synonymous to these balkanised geographical dispersed islands. This essay accepts that understanding of a situation comes not with a presumption of right or wrong but openness to arguments, that, if placed on a balance of probabilities could become the reality of the reader. BIBLIOGRAPHY Belle, George. 1996 Against Colonialism: Political Theory and Re-Colonisation in the Caribbean. Paper presented at the Conference on Caribbean Culture: Mona Jamaica UWI. Benn, Dennis. 1987 Ideology and Political Development: the Growth and Development of Political Ideas in the Caribbean 1774-1983. Jamaica: ISER, Mona. Bolland, Nigel. 2004 The Birth of Caribbean civilization: A century of ideas about culture and identity, nation and society Kingston: Ian Randle Fanon, Frantz. 1963 The Wretched of the Earth. New York: Grove Press. Hampton, Jean. 1997. Political Philosophies and Political Ideologies, Montreal: Westview Press. Heywood, Andrew. 2004 Political Ideologies, 3rd Edition: An Introduction, USA: Palgrave McMillan Henry, Paget. 2000. Calibans Reason: Introducing Afro Caribbean Philosophy, London: Routledge, Lewis, Gordon. 1983. Main Currents in Caribbean Thought: The Historical Evolution of Caribbean Society in Its Ideological Aspects, 1492-1900, Baltimore: Johns Hopkins University Press. Miller, David. 1998. Political philosophy in E. Craig (Ed. ), Routledge Encyclopedia of Philosophy, London: Routledge. Mills, Charles. 1998 Blackness Visible: Essays on Philosophy and Race, Ithaca: Cornell University Press. Mills, Charles. 2007 â€Å"Multiculturalism as/and/or Anti-Racism?† in Multiculturalism and Political Theory Cambridge, UK: Cambridge University Press. Nkrumah, Kwameh. 1965 Neo-Colonialism, the Last Stage of Imperialism London: Thomas Nelson Sons, Ltd. Nettleford, Rex. 1993 Inward Stretch, Outward Reach: A voice from the Caribbean Basingstoke: MacMillan. Sabine, George Holland, Thomas Landon Thorson. 1973. A history of political theory. Hinsdale, Ill: Dryden Press. Wellman, David T. 1977 Portraits of White Racism, 2d ed, New York: Cambridge University Press.

Friday, November 15, 2019

Stoma Care Reflection

Stoma Care Reflection This is a reflective account of teaching a patient stoma care, using Gibbs Reflective Cycle (1988). By conceptualising the reflective cycle as commencing with a description of an event and ending with the development of an action plan, this model facilitates experiential learning. The model is praised for its focus on learning from experience rather than attempting to change experience (Rolfe et al., 2001). It also increases commitment to learning via the development of an action plan. The following components of Gibbs model will form the structure of this reflective account: description; feelings; evaluation; analysis; conclusion; and action plan. Description The teaching took place on a male surgical ward that specialises in bowel surgery. The patient, Tom, whose real name will remain anonymous in respect of confidentiality (NMC Code, 2008; NHS Confidentiality Code of Practice, DH 2003), was admitted for surgery for colorectal cancer. Tom would be provided with a temporary transverse colostomy post-surgery, which would require the learning of new skills in order for him to manage his own care needs once discharged from hospital. Being patient-centred (Pelzang, 2010), I introduced myself to Tom and asked his permission to go through some information with him, explaining that the aim was to prepare him for managing his colostomy after surgery. The four steps to teaching colostomy care, as offered by Tolch (1997), were then implemented. These four steps comprised devising a teaching plan, assessing and documenting progress, encouraging participation, and anticipating problems. Using sample equipment, I talked Tom through the procedure, step by step, with pauses to confirm his understanding or answer any questions. At first, all necessary equipment was assembled, including a stoma bag, scissors, disposal sack, soap, warm tap water, dry disposable wipes, and stoma sizing template. I discussed the equipment with Tom before showing him how to empty the pouch whilst ensuring no spillage and maintaining hygiene. Pictures were used, where appropriate, to show Tom how the peristomal skin needs to be cleaned with moistened gauze and repeated several times until the skin and stoma are clean. Tom was informed not to be alarmed by small specks of blood on the gauze, explaining that this is normal and can occur each time the stoma is cleaned due to the small blood capillaries on the stomal surface being very delicate. Teaching Tom the basics of how to empty, clean, and change his colostomy was followed by the provision of some information on signs and symptoms of potential problems or complications, such as little or no stools, increased pain, and other signs of infection, etc. It was also necessary to teach Tom how to deal with problems that might arise after hospital discharge, such as a leakage. I also provided a contact list for colostomy supplies, along with details of the Colostomy Association, which provides telephone support and written information for patients. I encouraged Tom to maintain contact with the organisation and to access it as much as he needed. This would facilitate his transition from hospital to home, which can be a stressful time for patients with a newly formed stoma (Fulham, 2008). Finally, a post-surgery teaching plan was devised collaboratively to provide reassurance that Tom would still be receiving help with developing his self-management skills once the colostomy was fitted. Feelings Initially, I was apprehensive about handling such a personal and sensitive topic with a patient, especially since I was aware that adjusting to a stoma can be both physically and psychologically challenging to the patient. I did not want to do or say anything that would in any way hinder this adjustment. I was particularly anxious of ensuring that I demonstrated that a colostomy can be self-managed effectively, whilst at the same time not being seen as dismissing any of Toms own concerns or anxieties. I could sense that Tom was anxious, which reminded me that this was more difficult for him and thus I needed to be calm and confident in order to facilitate the learning process and relieve any of Toms own stresses. I am confident that I managed to achieve this as Tom became much more relaxed as the session progressed, asking more questions and becoming more involved. I am disappointed, however, that my practice was influenced by assumptions. For example, I had not realised the importance of offering the patient the opportunity to have a family member or carer involved in the teaching process (Turnball, 2010). Assuming that the procedure being taught was so personal that the patient would not want anyone else involved in learning how to change their colostomy, I prevented Tom and his family members from having the opportunity to be more involved. Their involvement, if desired, might have been a useful process and, indeed, it would have ensured a level of consistent support on discharge from the hospital. Mezirow (1981) describes this reflection as a perspective transformation on reading the literature after a few teaching sessions with Tom, I realised that my belief system had influenced the way in which I taught Tom. Evaluation The pre-surgery teaching sessions have been successful and Tom has shown continued understanding of the implications of having a colostomy that needs regular changing. Indeed, during the last teaching session Tom took the role of teacher and showed me how to change a colostomy. He is still, understandably, nervous about when the time comes for him to do this on a regular basis, but has been reassured that he wont be expected to be completely independent post-surgery. It is likely that myself or a colleague will initially change the colostomy so that Tom can observe the procedure before gradually becoming more involved. I am aware that during this period I will need to be mindful not to show any signs of distaste when changing the colostomy as patients adjustment can be severely impacted by this (Armstrong, 2001). Indeed, I communicated sensitively at all times and was mindful of enabling Tom to be fully engage in the care process, as recommended by the Department of Health expert patient approach to health management (DH, 2001), as well as the Health Foundations co-creating health initiatives (Collins and Grazin, 2008). This appeared effective in developing a partnership with Tom so that we could work together in developing his skills to manage his colostomy. I found Toms engagement with the whole process very rewarding as it gave me much deeper insight into the needs of men preparing for a colostomy, which helped me to move beyond the basic teaching skills of changing a colostomy to a more tailored approach to teaching that addressed Toms specific needs. He was particularly concerned about the dietary implications of the colostomy and whether this would impact his social activities. My knowledge regarding the dietary aspects of colostomy care is basic and thus I was not prepared to adequately answer all of Toms questions. I did, however, provide him with an information leaflet covering such matters and told him that if he had any further questions I could find someone he could talk to. Significant psychological symptoms, such as depression and anxiety, have been reported in 20% of patients with a stoma (White, 1997). Psychological morbidity is often the result of problems coming to terms with changes in body image and altered patterns of bowel elimination. For psychological adjustment to occur, it was fundamental for me to empathise with Tom whilst also reassuring him that there should be no need to impose any long-term dietary restrictions. Food is often a great source of concern for patients and on researching the literature and talking to colleagues I am now aware of the wealth of information and advice available for patients (Persson et al., 2005). A significant challenge during the teaching process was that Tom was trying to adjust to a cancer diagnosis whilst at the same time trying to adjust to the lifestyle changes introduced by a colostomy. However, providing Tom with the skills to manage his own stoma is likely, according to the evidence, to facilitate psychological adjustment by providing a sense of control that would have previously been lost when first diagnosed (Bekkers et al., 1996). Indeed, studies have shown that increases in a patients feelings of control, which are enhanced when the patient has the appropriate set of skills to manage the situation, can be fundamental in adjusting to having a colostomy (McVey, Madill, and Fielding, 2001). Models of self-management also indicate that increasing a patients self-efficacy (confidence) to self-manage has a number of positive physical and psychological outcomes (Simmons et al., 2007). There are some skills not demonstrated within the described teaching sessions, but which would have been present if I had been teaching Tom post-operatively. For example, it will be important for me to adopt infection control precautions by wearing disposable gloves and apron (Rust, 2007). At the same time, it will be important that I explain the rationale for this to Tom so that he doesnt feel stigmatised. In preparation for this, I have made Tom aware of this pre-surgery. Analysis The teaching style adopted was based on social learning theory, which included assessing Toms readiness and ability to take an active role in learning about managing the stoma. On talking to Tom and seeing that he was keen to learn and become independent in taking care of the stoma, a teaching plan was devised. This was to be followed with the implementation of the teaching plan and then an evaluation of the process and outcome, in line with the structured approach to teaching recommended by OConnor (2005). Furthermore, patient goals were set for post-surgery stoma care in order to help Tom progress towards achieving independence (Rust, 2007). In devising the teaching plan, it was important to consider the type of colostomy Tom would be fitted with. In this case, it was a temporary transverse colostomy that would need emptying several times a day due to the elimination of soft stools. If Tom had a sigmoid colostomy, his stools would be firmer and less frequent, requiring less time and effort in management of the stoma. Kember et al. (1999) have found that students can be categorised as non-reflectors (i.e. lack evidence of deliberate appraisal), reflectors (i.e. demonstrate insight through analysis, discrimination, and evaluation), and critical reflectors (i.e. indicate a transformation from initial perspective). This reflective account has highlighted that I am a reflector and that, indeed, I tend to reflect during as well as after an event. In this case, this has enabled me to identify my professional strengths and weaknesses. Identifying my strengths has increased my self-confidence in providing care and support within this area of healthcare. It has also enabled me to identify where further professional development is needed so that I can continue to hone the skills necessary to provide high quality patient care. I agree with Pierson (1998) that reflection is a technique and a purposeful inter-subjective process, as well as with Heideggerians (1966) notion that reflection is the integration of calculative and contemplative thinking. It is a technique and resource that I shall continue to develop both professionally and personally. Conclusion As many as approximately 15,000 people in the UK undergo stoma surgery in the UK (White, 1998). Adapting to a stoma and its daily management can take time and thus teaching these patients the practical skills necessary for stoma care needs to ideally commence as soon as possible, preferably pre-surgery. Indeed, teaching needs to be conducted in a planned, organised manner, in collaboration with the patient and based on their own readiness and ability to learn about stoma care. Taking this organised approach ensures that no vital aspects of care are omitted and that the patient and healthcare provider are working towards mutually agreed goals. The psychological implications of adjusting to a colostomy must not be underestimated or overshadowed by the need for practical skills in stoma care to be taught. Instead, teaching practical skills can be viewed as another component of psychological care since psychological adjustment can be affected if patients feel that they do not have sufficient knowledge and skills to change their colostomy or deal with any problems that might arise post-discharge (Metcalf, 2001). Action Plan Clause 3 of the UKCC Code of Professional Conduct (1992) states that nurses must maintain and improve her professional knowledge and competence. In relation to my professional knowledge and competence in teaching patients colostomy care, it is essential that I take steps towards continued professional development in terms of enhancing my knowledge surrounding the dietary needs of people with a colostomy. I have begun to meet this action plan by accessing nutritional advice from the Colostomy Association, but will endeavour to examine evidence-based practice in the provision of dietary advice for patients with a new stoma. I would also like to learn some specific skills for increasing self-efficacy that I can integrate into my teaching approach. I have acquired greater insight into the importance of patient confidence in self-management. There is a wealth of evidence available for the importance of promoting self-efficacy and I intend to start increasing my knowledge in this area by reading a comprehensive systematic review on self-management programmes for cancer survivors (Davies and Batehup, 2010). In addition, intend to rectify my assumptive actions surrounding the involvement of Toms family in the education process. During our next teaching session, I will ask Tom about his feelings regarding having anyone else involved in the teaching, with any expressed wishes being checked with relevant friends and family. In conclusion, using this reflective model has helped me to realise that my learning is a proactive process accompanied by continual reflection that provides insight into areas for further professional development.

Tuesday, November 12, 2019

A Philippine Hero

†¦ I. for my part, have done everything possible to avoid it, although at the cost of many rights uselessly sacrificed†¦ My government can not remain indifferent in view of [the] violent and aggressive seizure of its territory by a nation which has arrogated to itself the title champion of oppressed nations. Thus†¦ my government is disposed to open hostilities [if America attacks the Visayas]. Upon their heads be all the blood which may be shed. Emilio Aguinaldo Proclamation, Malolos, January 5, 1899 In Larry Henares' program, some of the panelists -staunch admirers of Aguinaldo- expressed the oft-repeated view that the general failed to achieve greatness in the eyes of Filipinos simply because he lived too long. He didn't die young, in the flower of youth, like Jacinto, or in some twilight of the gods manner, like Bonifacio. He wasn't martyred, like Rizal, and he didn't die, penurious and neglected, like Mabini. He simply lived on, and on, until he became something like an antiquated relict fit for gawking at, but not for reverence. Poor, unheralded man. No one ever made it clear if anyone asked Aguinaldo if that's what he felt. I would think that Aguinaldo was exceedingly fortunate to have lived so long. He outlived many of his friends, but he also outlived all of his enemies. He was reviled during his lifetime -in some cases, because he involved himself in politics and thus made himself fair game- but he lived to see independence day moved to June 12. Isn't having lived long enough to be told of that change an exquisite achievement? And throughout his life, he had the loyalty and devotion of the those who belonged to the League of the Veterans of the Revolution. The things held against him, the sordid Tejeros Convention -one professor of history has pointed out that there were more votes cast than there were actually people to cast them- which led to the eventual execution of Bonifacio, and the assassination of Gen. Antonio Luna which was a great blow to the military viability of the forces of the Republic, may forever bar him from reaching the same exalted place in the affections of the Filipino people. They will always haunt him. But they do not, I think, diminish his greatness at all. The power struggle -a naked coup d'‚tat, some have called it- that led to Bonifacio's downfall does make for sickening reading. And his execution was a poor end for a patriot. But is such indignation over this, warranted? Do people get upset over this because, in reality, they are applying quasi-religious morality to a subject that should be divorced from it? Why should standards befitting religious sainthood be applied to secular heroism? Must you be â€Å"good† (in the way people like Fr. Nudas would define it) to be a hero? A hero for a secular country? When Bonifacio's competence to hold the portfolio of the department of the Interior was questioned by Daniel Tirona, the Supremo, indignant, demanded a retraction. He failed to get it. Furious, he declared the proceedings null and void, and left. NCC Chairman Laurel recounted with pride on Henares' program how his grandfather, Sotero, head of the Batangas delegation at Tejeros, and a Bonifacio supporter, reacted to the uproar that followed. He called for lambanog. He drank, pulled out his gun, and put it on the table. He demanded that, as they had all agreed to earlier, the decision of the majority be respected. Otherwise, mag ubusan na tayo. The majority sided with Aguinaldo. Bonifacio (or, depending on how you see it, Aguinaldo) had thrown down the gauntlet. As Sotero Laurel might have put it then, matira ang matibay. Aguinaldo won, obviously. The thing is, in a revolutionary situation, extreme situations call for extreme measures. You can't dilly-dally and sort things out and massage egos while the enemy tries to kill you all . Every revolution everywhere has been marred with competing factions, many of whom act out of less-than-noble motives. In the end, one group must prevail, one destiny achieved. The Revolution, for good or ill, had its destiny tied to Aguinaldo. While the movement (as Mabini saw it) faltered as a result of the Supremo's liquidation, it made it through. It was suspended after biak-na-bato, resumed again, and gave birth to the proclamation made from a window of a house in Kawit on June 12. The proclamation of the Philippines as a free country. The Republic did not prosper. Was it Aguinaldo's fault? The fault of the Ilustrados? Did it fail because of competing views and interests within it, divisions that exist to this day in our country and in other countries with similar histories? Left to ourselves, they had as good a chance of eventually working them out as any other people on earth. But they weren't left alone. They were subdued with krag rifles and American tactics. Laudably, the Centennial Commission has made it clear that it is the proclamation and not the substance of independence that will be commemorated in 1998. A proclamation whose aspirations have endured. As have its symbols: our flag, our anthem. Aspirations we strove to fulfill in 1946, aspirations every generation tries to fulfill up to the present. Aguinaldo was responsible for that declaration, that flag, that anthem. He gave the nation vessels to contain its soul. We should be able to forgive him for being a flawed man and a poor politician. Again and again, our pantheon of heroes has been besieged by angry mobs, intent on pulling down -or raising up high above the others- the statues of great Filipinos. We, who should, as befits a supposedly democratic and liberal state, find nothing wrong or ignoble in having our heroes stand side-by-side, remain obsessed with establishing heroic hierarchies, as though the leaders we revere were petty princelings subject to Byzantine rules of precedence. Are we a people unworthy of heroes in the first place?

Sunday, November 10, 2019

Green Marketing Plan †Nandos Essay

The purpose of this plan is to analyse the environmental efforts of the Nando’s Carnegie branch, and to develop strategies that propels them a step closer towards a more eco-friendly and sustainable future. Nando’s was established in 1987 in Johannesburg, South Africa. It has approximately 300 stores in Australia since the brand arrived here in 1990. Nando’s has already taken action to be more environmentally responsible, with better packaging designs and partnering with organizations that are tackling the world’s social problems. The sources of information for this  marketing plan include websites, articles and the management at the Carnegie branch of Nando’s. Since some data is unavailable to us (e.g. the annual costs of the business), certain assumptions will have to be made. Nando’s already has a clear focus on reducing its packaging, but energy and water usage have not been addressed as effectively. To reduce their usage of energy, they will have to consider their lighting, and the equipment that is used in the kitchen. Solar panels will also be installed to reduce their electricity use. Water usage will also be reduced by switching to more effi cient equipment in the kitchen and toilets. By employing the strategies that have been outlined, Nando’s will be able to target their triple bottom line by reducing cost, lightening their carbon footprint and consequently improving the lives of the people. Situation Analysis Nando’s Background Nando’s is not the common type of fast food joint, but is more of a casual dining place. Nando’s first began trading in 1987, in Johannesburg, South Africa. It arrived in Australia in 1990, with its first store opening in Perth. Since then, its popularity has grown in every state in Australia, with new stores opening all the time. There are approximately 300 stores operating nationally, with plans to expand further. Nando’s is famous for its unique Peri-Peri marinade that is used for all the chicken items on the menu (Nandos, 2012). This green marketing plan is for Nando’s Carnegie and how they can incorporate sustainability into their operations. Nando’s Environmental strategies Nandos does not advertise their sustainability efforts much, but protecting the environment and â€Å"doing the right thing† has always been a part of their business strategy. They are already raising awareness for an organisation called â€Å"United Against Malaria†, which is a charity that raises awareness of malaria, and aims to put an end to it (Mumbrella, 2012). Nando’s Carnegie has been selling â€Å"United Against Malaria† bracelets to raise funds for the charity. All Nando’s restaurants also use recyclable packaging for their products (they signed the Australian Packaging Covenant in 2010, which means they must adhere to their guidelines). They have also begun selling water bottles which use 35% less plastic than the previous bottles that were used. Recycle logos and information are also printed onto the packaging to educate consumers (Nandos, 2010). Nando’s also makes use of recycling services, which are available at every branch, including Carnegie. Nando’s have implemented a system of having its suppliers of oil provide oil to each store in large quantities so as to reduce the amount of trips that they need to make. This system also reduces the use of steel drums for containing the oil. Spent oil is then sent to recyclers to produce biodiesel, which Nando’s then uses to run its trucks (Nandos, 2010). Analysis of environmental performance Even though Nando’s does undertake all of the above- mentioned activities in their business processes, they are still not realizing their full potential in terms of sustainability. Even though Nando’s does try to buy recycled products, they do not have an explicit policy that states that they should buy recycled. Nando’s also does not have a policy to encourage their overseas suppliers to improve design to reduce the environmental impact of their packaging (Nandos, 2010). Just by implementing these guidelines, Nando’s could improve their environmental performance substantially. However, Nando’s does print environmental logos on all its primary and secondary packaging to encourage recycling throughout its value chain all the way to consumers. Nando’s also discourages consumers to take away the food, and this helps to reduce the use of extra packaging. All Nando’s restaurants have a relaxed atmosphere and a â€Å"homely† feel that urges consumers to eat there rather than take the food home (Nandos, 2012) The fast-food chain also uses renewable resources i.e. sugar cane material, for most of its packaging. Also, they try to make sure that the packaging is made using no small parts so littering is minimized (Nandos, 2010). A few inefficient business methods that are specific to the Carnegie branch include the washing of dishes and the use of disposable gloves. The bulky dishwasher is used even when there are just a few dishes, which results in wastage of water. Also, workers use disposable gloves which are not made of  renewable resources, and are replaced quite often due to overuse. Evidently, Nando’s has integrated sustainability into its organizational plans. However, with a more concentrated focus on the environment, Nando’s will be able to reduce their impact further, and could position themselves as the industry standard in terms of environmental impact. Current marketing strategies Nando’s main message in its advertising campaigns is the fact that they use fresh chicken that is flame-grilled, not fried. They use this as a point of differentiation to gain an advantage over other fast-food chains, like McDonald’s or KFC (Baker, 2010). With its creative and occasionally controversial marketing campaigns and catchy taglines such as â€Å"Portugasm†, Nando’s targets an educated, younger demographic market. The organization has successfully used social media to connect with their customers, and its website to communicate any new plans, or to inform the public of any events taking place at Nando’s.  Nando’s also uses its store design to complete the brand experience for customers. Wooden tables, soft,fluid lighting and posters showing the history of its unique flavours convey an image of relaxation and a natural, friendly appeal to the brand (Nandos, 2012). Even though the target market may be a young demographic, consumers of all ages and backgrounds visit Nando’s, presumably because of its uniquely cooked chicken. Industry analysis The Australian fast food industry has flourished in the last decade, with industry revenue rising by 4.3% to reach $16,007,400,000 per annum. There were approximately 36,730 fast food establishments in Australia in 2010 (RAPS, 2011). With such a large number of fast food organisations, they definitely have a significant impact on the Australian environment and could make a massive difference if they incorporated sustainability into their business practices. The current macro-environment factors will further examine the current situation and trends in the fast food industry. Political factors – All businesses involved in the production and sale of domestic food products must abide by the guidelines set in the â€Å"Food Standards Australia and New Zealand† (RAPS, 2011). This ensures that all businesses follow at least the minimum requirements for sustainability. – The introduction of the carbon tax has resulted in prices of products like fruits, vegetables, bread and meat will rise (Sebo, 2012), this means all fast food chains including Nando’s will have to raise their prices. Social factors – Consumers nowadays place more importance on preservation of the environment and healthy eating, so businesses must ensure they must deal with these issues (Price & Lawson, 1992) – Fast food continues to be seen as unhealthy and pollutants of the environment (Price & Lawson, 1992). – Fast food businesses are also perceived as litterers by a majority of consumers (Price & Lawson, 1992). Technological factors – A new kind of method of utilizing solar power, referred to as solar thermal, means that power can be stored for a longer period of time as the technology does not rely on direct sunlight (Sorly, n.d.) – Advances in packaging designs so they use less material mean that costs for companies are decreased and they decrease their environmental impact (Joy, 2011). – Progress in the development of water efficient fittings result in reduced water usage for all businesses. Natural factors – Water is a major factor influencing all businesses in Australia, as Australia is the driest inhabited continent in the world (White, 2009). – Growing population means more demand for food, which places more pressure on the sources of fast food businesses (White, 2009). – Depleting sources of fossil fuels, which are the main source of energy in Australia, will result in increased energy prices (White, 2009). Customer analysis There has been a significant increase of fast food consumption in Australia, with traffic to fast food joints increasing by roughly 7% in 2010 (Markey & Watson, 2011). People of all walks of life come to Nando’s, but a majority of them consist of younger people. Majority of consumers who purchase fast food do so for convenience (TheTelegraph, 2007). Therefore, they probably do not consider environmental factors in their purchase decision. However, with the green consumer group growing within Australia, opportunities for going green for businesses are becoming more appealing. In Australia, there are certain trends that define consumers today. Consumers can be divided into certain groups. These include the Value Consumer, the Busy Consumer and the Green Consumer to name a few (ACRS, 2010) The Value Consumer These are consumers who spend their money more wisely, and mostly consider only what they need. This is mainly a consequence of the Global Financial Crisis as consumers have become more cautious in their spending habits. This can be evidenced by the fact that consumer spending in Australia has been decreasing steadily, and this trend looks set to continue (Schwarten, 2012). These customers then force businesses to create value, so as to attract them to their brand. The Busy Consumer These are consumers who are becoming increasingly time-poor and convenience has a major effect on their purchase decisions. They place more emphasis on â€Å"speed, simplicity and convenience† (ACRS, 2010). Time is very valuable to them, so fast food is the ideal choice for these types of consumers. The Green Consumer This has become a growing niche in the market, and identifies those consumers who are more concerned about the environment than other people. They are willing to spend more for products if they know it will help to conserve the environment. They will actively seek out green products or even organic products, and they take into account the environmental practices of the  business before choosing to purchase. This consumer market is continuously growing, with an estimated buying power of US$500 billion in 2007 globally (ACRS, 2010). In Australia, consumers spent around AU$12 billion on environmentally-friendly goods in 2009, and the market reached AU$21 billion by 2010. Australians attitude towards environmental issues Australians are undoubtedly concerned about the environment, but the high costs of going green are stopping them from being very eco-friendly. This is confirmed by the fact that 100% of Gen Y and 91% of Gen X believe in the effects of climate change, according to McCrindle Research (n.d.). However, 65% do not want to pay more than 10% for green products, while only 10% are willing to pay any price. Consumers also feel that environmentally friendly products should cost less than other  products so as to encourage people to buy them (McCrindle, n.d.) Consumers nowadays expect business to be transparent with their activities and to be accountable at every level of business (Davis, 2007). Organizations are also expected to provide accurate information regarding the environmental impact of their products, and to minimize the impact through the use of innovative designs and manufacturing techniques (Savita, 2011). This means a restaurant like Nando’s is expected to provide the information about their environmental impact to customers, and do all they can to protect the environment, and provide safe products to customers. The purpose of this marketing plan is to target the growing Green Consumer market, and to inform the Value Customer of the high level of environmentally friendly business practices taking place at Nando’s Carnegie so as to give them another reason to eat there. Competitor analysis Direct competitors of Nando’s Carnegie include Grill’d, McDonalds, KFC,  Subway and other various dining restaurants due to their geographic proximity to the Nando’s branch. McDonald’s Strengths 1. Participate in the  government’s Energies  Efficiencies  Opportunities Program. 2. Engage in countrywide water saving  programs. 3. McDonald’s has full  control over its supply  chain, which allows it to  incorporate sustainability  into its operations easily. 4. Conduct extensive  research into reducing  the impact of their  packaging, and are a  member of the Australian  Packaging Covenant.  (McDonalds, 2012) Weaknesses 1. The strategies they are undertaking have  not changed their greedy, corporate brand  image (Barriaux, M. 2007) 2. McDonald’s does have a slight perception  of going green in the minds of consumers, but  its actual green performance is much lower  (Streeter, 2011) 3. McDonald’s customers alone produce 6.35  kgs of trash during peak hour. 4. McDonalds, due to its large size, is  susceptible to being sued by individuals or  organisations that see any weakness in their  sustainability efforts e.g. the 1986 court case  (Archives, 2007) 5. Damage the environment extensively from  their production techniques  (EthicalFootprint,2010) Strategies 1. Litter Control program helps  keep the restaurant grounds clean. 2. Restaurant includes rain water  tanks, dual flush toilets and water  restrictors on taps. 3. Use scorecard method for  sustainability targets for its  suppliers to make sure the goals  are being met throughout the  supply chain. 4. Use recyclable material for  packaging, and continuous  research is put into finding new  ways to reduce packaging material.  (McDonalds, 2012) KFC Strengths Weaknesses Strategies 1. Benefit from alliance  with Carbon Trust, as  they provide them with  ideas of green  technologies. 2. Yum! Brands, (KFC’s  parent company) are  always looking for new  ways for environment  sustainability (Yum!  Brands, 2010). KFC  benefits from this as  they have access to all of  the green technologies  that Yum! Brands  develops. 1. KFC has been linked with deforestation  activities in several parts of the world  (Halladay, 2012). 2. KFC has experienced problems with animal  rights groups, hygiene problems at certain  restaurants, and poor working conditions for  workers. This has had an adverse effect on  their brand image. 1. Switched to recyclable material  for packaging in 2009  (EnvironmentalLeader, 2009). 2. All wrappers for chips, burgers,  and cups are put through a dual  waste stream bin, which is then  sorted and sent out to recycle  (KFC, 2012). 3. Dual flush system and waterless  urinals in the restaurant help to  conserve water. 4. Increased insulation for floor,  walls, and ceiling (KFC, 2012) Subway Strengths Weaknesses Strategies 1. Work with  International Purchasing  Companies Ltd to  generate ideas for  environment  sustainability (Subway,  2012). 2. Subways brand motto,  Ã¢â‚¬Å"Eat Fresh†Ã‚  complements its  sustainability goals  (Fitzgerald, Brown &  Stewart, 2009). 3. Member of the  Australian Packaging  Covenant, which  provides Subway with  clear goals for reducing  environmental impact  (Subway, 2012) 1. Subway received some bad press for an  incident involving animal cruelty, which may  have damaged their brand image in the minds  of a few consumers (Reale, 2011) 1. Switched to more energy saving  lighting and low flow water  faucets. 2. Furniture and cleaning materials  are made from more sustainable  materials. 3. Majority of the paper packaging  used is completely recyclable.  (Subway, 2012) – Grill’d is also a competitor of the Nandos Carnegie branch. They have a brand image that promotes healthy living and their supply consists of only fresh ingredients. Their Local Matters initiative, which is used to support local charities, is a fundamental part of their corporate social responsibility program (Grilld, 2012) Internal analysis Human Resources The management at Nando’s Carnegie has had experience with Nando’s for quite some time, so they know how to implement any new operations into the business effectively. Also, this Carnegie branch is family-owned so they would be enthusiastic about any positive innovations or advancements. Marketing capabilities Nando’s uses several mediums to reach its consumers. It uses social media such as its own Facebook page and Twitter account. They also re-designed their website to give it a more informal, fun look. Nando’s also advertises in-store with a variety of posters and brochures. Nando’s also utilises TV advertising but not as intensely as the other fast food franchises. Nando’s is known for its somewhat cheeky advertising, and this has improved brand awareness since it first moved to Australia (Squidoo,n.d). Financial Resources Average revenue daily for the Nando’s Carnegie branch is approximately $2,200. So average annual revenue is approximately $791,720. Objectives To incorporate sustainability into Nando’s accounting framework, the Triple Bottom Line will be used. This means that objectives will be formed so as to address business, society and environmental factors. The TBL framework considers people, planet and profit at the core of the business. Objective 1: Reduce overall environmental impact by intensifying focus on water usage, energy usage and packaging material. By doing this, Nando’s Carnegie will aim to achieve a 50% reduction in costs. Objective 2: Increase awareness of Nando’s Carnegie’s environmental efforts by 50% among consumers by December 2014. Green Marketing Strategy Objective 1: Reduce overall environmental impact by intensifying focus on water usage, energy usage and packaging material. By doing this, Nando’s Carnegie will aim to achieve a 50% reduction in costs. Strategy Reduce water usage by 50% by December 2014. Strategy Reduce energy use by 50% by December 2014. Actions 1. Replace existing  dish washer with  dishwasher that has 4  Star Water Efficiency rating. 2. Ensure all employees  use the dishwasher only  for a full load. 3. Install time flow taps  and dual flush toilets. Actions 1. Replace fryer with  energy-efficient fryer  that has earned the  ENERGY STAR. 2. Install ENERGY  STAR convection oven. 3. Add strip curtains and  automatic door closers  to the walk-in  refrigerator to keep  inside temperature low. 4. Install CFL bulbs in  every part of the  restaurant. 5. Install demand based  exhaust control. This  regulates the exhaust fan  speed in the kitchen to  meet ventilation needs. 6. Install energy  efficient Reverse Cycle  Air Conditioner. 7. Install 7 solar panels  on roof of building. Cost $3000- $6000. Time flow taps- $300 each Dual flush toilets- $500 Cost $950- electric $4,400- gas $1,800- electric $ 3,400- gas $5 per bulb. (Times approximately 25 bulbs for the restaurant = $125) $1500 – $2000 $3000- $4000 Through the implementation of these strategies, Nando’s will be able to reduce their overall operating cost. The investment in green technology might have a high initial investment, but will definitely be profitable in the future. For example: – Energy-efficient fryers can save up to $100 for electricity or $470 for gas annually. ENERGY STAR electric ovens can save up to $190 annually CFL bulbs can reduce energy consumption by 75% Cutting down on idle time for the combination oven can save up to $800 annually. By turning down the central cooling by 3 F, air conditioning costs can be reduced by 12-15 percent. The solar panels could help save up to $400 in electricity costs. (Energy Star, 2012) Clearly, these cost savings are quite significant, and a 50% reduction in costs is therefore perfectly realistic. Strategy 4: Nando’s is already committed to eco-friendly packaging practices, as they follow the strict guidelines under the Australian Packaging Covenant. However, Nando’s does not currently work with third-party organizations to improve design and recycling of packaging, they must begin doing so in order to benefit from specialist knowledge that those firms (e.g. The Cardboard Pallet Company) have acquired. Objective 2: Increase awareness by 50% of Nando’s Carnegie’s environmental efforts among consumers by December 2014. Strategy Actions Increase communication efforts  of eco-friendly changes taking  place through a range of  mediums and creative tactics. 1. Change in-store poster design  to a green theme to emphasize  the changes taking place. N/A Cost 2. Advertise in local â€Å"Caulfield  Glen Eira Leader† newspaper  and â€Å"The Daily Green† website  about the restaurant’s green  efforts. 3. Use outdoor banners to  advertise sustainability practices. 4. Distribute brochures inside  store to raise awareness of the  shift to sustainability at  Nando’s. $500 (approximately) $300 ($150 for each banner) $2000 Other strategies that Nando’s could undertake involve: Using their food waste and turn it into compost to use it to grow plants. They could do this by having their own compost recycling operation or send their food waste to a compost facility. Encouraging more eat-ins by providing facts about the environmental impact of packaging to consumers. Using the strategies listed, Nando’s will be able to affect its Triple Bottom Line positively. Through the implementation of the strategies, they will be able to minimise their environmental impact, reduce their costs significantly and improve the store environment for the people who visit the store (i.e. through improved design and having more decorative plants in the store). The achievement of these objectives will show Nando’s devotion to sustainability. References Archives (2007, April 11). McDonalds, Environmental McNasty? Retrieved 27 September, 2012 from http://theconcordian.com/ Baker, R. (2010, June 30). Nandos has lipsmackin’ giveaway plan. Marketing Week. Retrieved from http://www.marketingweek.co.uk/nandos-has-lipsmackin-giveawayplan/3015217.art icle Barriaux, M. (2007, July 05). McDonalds goes green, but not all customers are lovin’ it. The Guardian. Retrieved from http://www.guardian.co.uk/ Davis, P. (2007, November 13). Is your company naughty or nice? Consumers want to know before buying. Retrieved September 27, 2012 from http://www.marketingexperiments.com/blog/ Energy Star (2012). Energy Star Guide For Restaurants. Retrieved from http://www.energystar.gov/ia/partners/publications/pubdocs/restaurants_guide.pdf?04bb-ca54 Environmental Leader (2009, January 28). KFC Switches to Earth-Friendly Packaging. Retrieved September 28, 2012 from http://www.environmentalleader.com/ Ethical Footprint (2010, May 14). Unethical companies: McDonalds. Retrieved 27 September, 2012 from http://ethicalfootprint.wordpress.com/ Fitzgerald, T., Brown T. & Stewart E. (2009, April 01). Cover Story: Subway’s Journey to Green. Retrieved September 28, 2012 from http://www.chainalytics.com/wpcontent/uploads/2011/03/2009-04-Subways-Journey-to-Green.pdf Grilld (2012). Retrieved from http://www.grilld.com.au/ Halladay, J. (2012, June 25). Kentucky Fried Chicken Destroying the Rainforests. Retrieved 28 September, 2012 from http://www.the-platform.org.uk/2012/06/25/kentucky-friedchicken-destroying-the-rainforests/ Joy. (2011). 50+ Eco-friendly & Recyclable Packaging Inspiration. Retrieved from http://jayce-o.blogspot.com.au/ KFC (2012). Markey A. & Watson C. (2011, May 27). News.com.au. Retrieved from http://www.news.com.au/ McCrindleResearch (n.d.). Australians on Climate Change: Attitudes and Behaviours. Retrieved from http://mccrindle.com.au/ResearchSummaries/Australians-on-ClimateChange-Attitudes-and-Behaviours.pdf McDonalds (2012). Retrieved from http://mcdonalds.com.au/ Mumbrella. (2010, June 07). Nando’s launches single with Disco Montego in lead up to World Cup. Retrieved September 25, 2012 from http://mumbrella.com.au/nandos-launchessingle-with-disco-montego-in-lead-up-to-world-cup-27672 Nandos. (2010). Action Plan: Implementing the Sustainable Packaging Guidelines 2010-2015 (Australian Packaging Covenant). Retrieved September 25, 2012 from http://www.nandos.com.au/sites/default/files/nandos-australia-apc-action-plan.pdf Nandos. (2012). Retrieved September 24, 2012 from http://www.nandos.com.au/aboutus/nandos-australia Price, S. & Lawson, J. (1992). Nutritional and Environmental Issues in Fast Food. Nutrition and Food Science. 92(2), 4-10. Reale, R. (2011, July 15). Nike and Subway, like NFL, Support Animal Cruelty and Torture. Retrieved September 28, 2012 from http://realetybytes.com/ Retail and personal services training council (2011, n.d). Fast Food Environmental Scan 2011. Retrieved from http://rapstc.com.au/wp-content/uploads/2011/12/Fast-Food-EnvironmentalScan-2011.pdf Savita, H. (2011). EMERGING ISSUES IN CORPORATE SOCIAL RESPONSIBILITY: ISO GUIDANCE ON SOCIAL RESPONSIBILITY TOWARD CONSUMERS: IMPLICATIONS FOR MARKETERS. AMA Summer Educators’ Conference Proceedings. 22, 109-116. Schwarten, E. (2012, September 20). Consumer Spending falls again, Commonwealth Bank of Australia says. Retrieved September 26, 2012 from http://www.news.com.au/ Sebo, T. (2012, July 03). Carbon Tax: The Great Unknown. Gouldburn Post. Retrieved from http://www.goulburnpost.com.au/ Sorly, P. (n.d). The Top 5 Green Technology Breakthroughs. Retrieved September 25, 2012 from http://greenopolis.com/ Squidoo (n.d.) Nando’s Franchise. Retrieved from http://www.squidoo.com/nandos-franchise Streeter, A. (2011, August 10). â€Å"Best† Green Brands List Implies That Greenwash Works. Retrieved September

Friday, November 8, 2019

Emerson Documented Paper essays

Emerson Documented Paper essays EMERSONS PHILOSOPHY OF ROMANTIC IDEALISM A psychological writer such as Ralph Waldo Emerson can be analyzed and interpreted in several different ways. A few things that may affect the way that people interpret Emerson are past experiences, time period, and social climate. Emerson has proven to be one of the most influential writers of the Romantic time period and his ideas and writings still have an active role in social views today. Emerson has published works such as Compensation, Self-Reliance, and his first published essay Nature, published in 1836. These essays serve as a gathering of Emersons ideas and morals about man and how man reacts to the world that he lives in. Emerson says, "Good and bad are but names very readily transferable to that or this; the only right is what is after my constitution, the only wrong is against it" (Manley 1). Emerson explains his cocky point of view in this quotation about good and bad. Romanticism for Emerson was a period of time that broke down old social barriers and set new standards for society. The general attitude toward man was drastically changed; the individual became the center of life and experience. Everything that happened revolved around the individual and directly affected the individual. Also, the belief that mans experiences shape his personality and overall life was formed during Romanticism. The core of man was viewed as strictly emotion and inner perception of truth. Mans inner world was a heavily studied topic from which creativity and imagination emerged. Nature and the past were two other heavily studied parts of human life. Emerson stated that nature is a machine that can develop and change, it is beautiful yet mysterious, and most importantly many spiritual and moral lessons can be learned through experiences with nature. In other words, nature shows a parallel to man and therefore man can dir...

Wednesday, November 6, 2019

92 Paolo Faccini Dori â€v- Recreb Srl (1994) The WritePass Journal

A Critical Analysis of Case C-91/92 Paolo Faccini Dori –v- Recreb Srl (1994) Executive Summary A Critical Analysis of Case C-91/92 Paolo Faccini Dori –v- Recreb Srl (1994) Executive Summary Facts of the Case Decision of the Case Beyond the Approach in FacciniConclusions ReferencesRelated Executive Summary EU directives are considered not to have horizontal direct effect, i.e. the provisions of the European directive cannot be relied upon by private individuals, when it comes to a legal dispute where they have not been transposed by member states into international law. This was the position in the case in question, here, of Faccini and has been largely supported by future case law and academic analysis in this area. Despite this, there have been some cases which argue that there should be a direct effect[1]. Although these have been distinguished on a matter of fact between the position in Faccini and the decisions reached in later cases, it is argued, here, that the basic rule remains current and good law, albeit with an element of uncertainty, particularly where there is an aspect of public law and order and an obligation on the member states, rather than it being downplayed as a purely contractual relationship between the individual parties. Facts of the Case EU Directive 85/577[2] places a requirement on member states to protect consumers when they are entering into contracts which are negotiated away from the business place, for example, over the phone or, more recently, this would apply to internet-based purchases. This offers a right to cancellation and although there is a degree of flexibility offered to member states in how they ensure that consumers are protected in this way (article 4 and article 5 of directive), there are still minimum rights being afforded to consumers in this situation; the precise terms may also vary from member states to member state, in terms of how the consumers are informed of this right. However, fundamentally, the right is still present[3]. In this case, Faccini Dori contracted with Interdiffusion Srl, in order to purchase an English language course. However, she later attempted to cancel the purchase because, in the meantime, the provision of the course had been assigned to Recreb Srl, who then sued Faccini Dori for the cost of the course which she had failed to pay, as she wished to cancel her purchase. Faccini Dori argued that she would have been entitled to cancel the contract, as it had been a business arrangement made outside of the business premises, under the EU directive; however, it was the failure of the Italian government to implement the contents of the directive, which meant that the provisions did not seemingly apply in the case of Recreb Srl. The question, therefore, arose as to whether or not this directive had horizontal directive effect, thus enabling the individual to rely on the directive when dealing with a dispute between two private individuals. The weakness in the Faccini’s argument was b ased on the fact that the directive had not been implemented and the question arose as to whether or not an unimplemented directive can be relied upon as, had it been implemented, it would be part of Italian law in any event. Decision of the Case In this case, relying on the Marshall case, it was held that Faccini could not rely on the directive, as it has not been implemented into Italian law and therefore it was not possible for individuals to apply the rules contained within the directive, as this lacked horizontal directive applicability and could not therefore be used as the basis for a legal action[4]. According to Article 249 (was 189 at the time of the case) of the Treaty on the Functioning of the European Union, a European directive is binding on the member states, in terms of achieving the objectives of the directive, but that it is up to member states to determine how this will apply in their jurisdiction. The argument, therefore, arose as to whether or not this means that the directive enables individuals to rely on the concept of the directive in a private action, even where the member state had failed to transpose the directive into national law. In this case, however, it was held that the directive was applicable vertically and could be seen to impose an obligation on the member states, but not be used by individuals in a horizontal plane i.e. between private parties. As noted in the cited case of Marshall[5], the Faccini case relied on this and argued that, whilst it would be possible for private individuals to bring an action against the state for their failure to enact the provisions of the directive, it could not be used as the basis of legal action between the two individuals. Beyond the Approach in Faccini Although the rules laid out in the Faccini case seemed to state clearly that a non-enacted directive could not be relied upon by a private individual, although there has been some future debate as to whether case law has made inroads into this strict position. Case law has developed in this area to such an extent that it creates a situation where it would be possible to have a direct effect or direct link between individuals, even when they have not been transposed into national law[6]. Take, for example, the case relating to CIA Security[7], where an argument arose between three private individuals all of whom were competitors in the provision of security systems. In this argument, it was alleged that CIA Security was not suitably authorised and therefore should not be selling alarm systems, under Belgian law. An argument was presented by CIA that there had been unfair trading practices based on the fact that adopting the requirements to be authorised without notification was a breach of directive 83/189, article 8[8]. It was argued, in this case, that it was possible for the individuals to rely on the provisions of this directive as part of the case of the national court. In this situation, the court held that the provisions of the directive could be relied upon, which seemed to go against the decision in Faccini. As part of the judgement, Advocate Elmer distinguished from the Faccini case by stating that the provisions in directive 83/189 had been written in such a way that there were duties being imposed on the member state, whereas the directive in the Faccini case had placed the requirement on the individuals, alone, and not with the relationship between individuals. A better update emerged in the Unilever case[9]. This case dealt with a contractual relationship between two parties and a boundary dispute between Unilever and Central Food whereby Unilever had been supplying olive oil to Central Food. However, Central Food then took issue with Unilever, given the fact that the oils had not been labelled correctly, so they were no longer in compliance with the appropriate Italian law. As a result, Central Food stated that it would not pay for the oil delivered by Unilever. Unilever’s counterargument was that, although the Italian government had observed certain parts of the provisions of directive 83/189, the actual national law had not taken into account article 9 of the directive and therefore should not have been enacted and should not be applied. In this case, it was held that as the directive had been misapplied and this had resulted in a national standard which was opposed to the directive, national standards could not therefore be applied and could not be enforced against individuals. Certain distinctions were drawn between the Unilever and the CIA case, primarily based on the fact that it was a contractual relationship between the parties and was not linked to arguments associated with unfair trade practices and thus allowed the decisions to be distinguished from the case of Faccini. The difficulty going forward, therefore, is how cases such as the CIA case can potentially create a situation where there is horizontal direct effect to directives allowing private parties to rely upon the provisions of any unimplemented directive, in order to impact on their own personal dispute. On the face of it, therefore, it would appear that the CIA case had indeed created a situation whereby the basic ruling in the Faccini case could be softened. The main argument for this development is that, in the CIA case, there is a public law element, as there had been a failure on behalf of the member state, rather than a pure issue of private law such as contractual relations[10]. Conclusions There are clear difficulties when it comes to reconciling the basic provision laid out in Marshall and the Faccini cases; however, although it has been argued that there is a public law element in the cases which have been decided in a different way from the Faccini case, the net result is that this creates a different relationship between private individuals. Despite this, it is contended here that the basic rule in Faccini, in that the directive does not have horizontal direct effect, and therefore cannot be relied upon as a legal basis for action between private individuals, remains. There is, however, the need to consider cases such as CIA, which can create at least some uncertainty as to whether or not this will be strictly applied, in all situations. References Case C-194/94, CIA Security International SA v. Signalson SA and Securitel SPRL [1996] ECR1-2201, para. 13-15. Case 152/84, Marshall v. Southampton and South-West Hampshire Area Health Authority (Teaching) [1986] ECR 723, para. 48. Case C-91/92 Paolo Faccini Dori –v- Recreh Srl (1994) Case C-443/98, Unileverltalia SpA v. Central Food SpA [2000] ECR1-7535. Council Directive (EC) 85/577 Consumer Protection in the Case of Contracts Negotiated Away from Business Premises Council Directive (EC) 83/189 laying down a procedure for the provision of information in the field of technical standards and regulations Michael. Dougan, The Disguised Vertical Direct Effect of Directives?, The Cambridge Law Journal, 2000, vol. 59(3), pp.586-612 at 587 Paul Craig, Directives: Direct Effect, Indirect Effect and the Construction of National Legislation, EL Rev., 1997, vol. 22, pp.519-538 at 519. Paul Craig and Grainne de Burca, EU Law Text, Cases, and Materials, (3rd Ed., Oxford University Press, United Kingdom 2003), p.202, 203 Stephen Weatherhill, Breach of Directives and Breach of Contract, EL Rev., 2001, vol.26, pp. 177-186 at 182.