Statistics in Business Research Paper Example | Topics and Well Written Essays - 250 words

Insights in Business - Research Paper Example Organizations go over different speculation alternatives at some random time. Every speculation choice gives various hazard reward results. It gets significant for a leader to settle on a right decision and factual apparatuses come helpful there to settle on the most proper decision dependent on the organization or hazard taker’s personality. The segment changes and dispersions are significant for an advertiser to settle on any showcasing choices. By contemplating segment changes and making important inductions concerning age, sex, pay levels and numerous other financial components about its expected clients, the advertiser picks its objective market and set its item estimating in order to boost companys income. The advertiser needs significant information as well as they have to compose those information in such a style, that it could give important responses to the business addresses raised. Protection business also utilizes measurable apparatuses in tackling business issues. Protection business to a great extent manages vulnerabilities but choices, for example, premium rates estimation, specialist weakening and efficiency rates are determined simply dependent on factual

Managerial Competencies and Managerial Performance

Question: Talk about the Managerial Competencies and Managerial Performance. Answer: Presentation: In this profoundly powerful just as serious market, directing execution evaluation is exceptionally noteworthy on the grounds that it makes a decent and productive arrangement of representatives. It is seen that representatives get fulfillment in various things; a few workers are getting fulfillment by knowing their significance or ability in the organization for which they work, while a few representatives are getting delight by taking broad offices from their association. Hence, understanding the need of any worker is profoundly imperative to make them fulfilled (Crane, 2010). Execution examination procedure of any association causes the administration to comprehend the inspirational variables. It likewise causes the executives to survey the present execution level of representatives which in turns help them to assess compensation and motivating force technique for the organization. This specific task is proposed to exhibit the human asset the board of Woolworths, which is one of t he biggest Australian basic food item and the market chain Present execution examination arrangement of the organization: As expressed by Murphy Cleveland (2011), execution assessment strategy for any business is fundamental for the advancement of expert and execution the board of the workers. For surveying the exhibition of the representatives, Woolworths follow an effective and feasible methodology (360 degree execution examination, realistic rating scales etcetera) since supportability is one of the seven estimations of Woolworths. Wayne Kacmar (2013) expressed that the presentation examination strategies are not same for each representative. There is distinctive execution evaluation approach for different kinds of worker in Woolworths. It is seen that they have applied distinctive execution assessment technique for the individuals who is in a stable situation and for the individuals who are in the probation time frame. Woolworths follow diverse present day execution appraisal process in their organization for the assessment of the presentation of workers. For the changeless worker they follow the 36 0 degree execution evaluation technique and for representatives who are in probation period, they follow realistic rating scale process. The presentation the board arrangement of the Woolworths causes them to accept conduct just as qualities into the record as the piece of execution examination procedure of the workers. The exhibition assessment process for the changeless representative essentially incorporates three distinct stages (DeNisi, Cafferty Meglino, 2013). In stage 1, the HR branch of Woolworths does a sufficient making arrangements for taking the presentation examinations for representatives. Notwithstanding, before arranging they make the document for every one of the perpetual workers, which must incorporate the achievements, improvement region and the standard input all through the present year. The presentation examination strategy for the Woolworths mostly began with the arranging of worker and closures with the assessment of representatives (Sinclair Zairi, 2011). In the association, the representatives and the directors lead a comprehensive gathering to examine the evaluation framework on a quarterly premise that is considered as the most cooperative appraisal technique in the Woolworths. This coordinated effort among the representatives and managers makes the best work environment. In the presentation arranging stage, they examine a few things with their workers, for example, the obligations related with the activity, generally speaking rating procedure to meet the desire for representatives, significance of the huge exhibition classifications etcetera (Decotiis Petit, 2015). In this manner, the initial step is related with the setting of execution objective. The exhibition objective of Woolworths is producing remarkable execution from the lasting worker. The second period of the presentation evaluation technique for the Woolworths is the exhibition checking and the training. For observing the exhibition of workers, they use the 360-degree execution examination apparatus. By using that exhibition examination technique, the organization assess the current execution and as per that, they set the procedure so expected and pre-decided future exhibitions can be accomplished. As expressed by Wayne Kacmar (2013), 360-degree execution evaluation instrument primarily takes input from the individuals who are routinely conveyed to the competitor or influenced by the activity of an up-and-comer. By following the 360-degree input technique, Woolworths getting substantial information with respect to their center and more significant level staff. For gathering the criti cism with respect to the representative, Woolworths think about the clients, direct chief or supervisors, self-evaluation tests or directors. The last advance of the exhibition examination strategy closes with the rating procedure. By this assessment procedure, the administration of the association gives a rating to the workers dependent on their exhibitions in the (Woolworths Limited - Service. 2016). From that point onward, Woolworths cause a gathering with the worker to cause them to see the entirety of their shortcomings so they to can limit them. To build the human asset base in the organization, they recruit those representatives who have reasonable aptitudes with respect to client assistance. In the wake of recruiting those workers, the organization furnishes them with compelling preparing, and from that point forward, they enlist representatives dependent on worker abilities (Ilgen, Barnes-Farrell McKellin, 2010). Subsequently, Woolworths follow a proficient and severe presentation evaluation strategy for their fresh recruits. For evaluation of the capacities of another representative, the coach or the administration of Woolworths makes a record for every one of student dependent on their capacity so they can allot them legitimate employments (Neely, Adams Crowe, 2013). Woolworths makes the record dependent on the rating scale execution examination strategy, which is one of the elective execution assessment techniques. By applying this approach, the administration of Woolworths builds up a proficient reviewing framework, w hich is used to assess the accomplishment of representatives in various zones like setting specialized aptitudes, correspondence ability and the cooperation related abilities (Make your exhibition examination matter | Woolworths.co.za. 2016). Woolworths chiefly evaluate the client serving abilities of those students. In the wake of assessing the presentation of learner they contrast this exhibition and the pre-decided norms, subsequent to causing this correlation if the executives of Woolworths to have seen that any student accomplish the standard then they hold them in their organization (Abraham et al. 2011). Then again, on the off chance that they have seen that a few students are not fit for accomplishing the standard then they dismiss them. Subsequently, in light of the presentation evaluation strategy Woolworths sends an affirmation mail to the student. As expressed by Lee (2012), this exhibition appraisal technique is regularly seen as the popularity based strategy for estima ting the presentation of the diverse person. Quality and shortcomings of examination framework: There are a few explanations behind applying two diverse execution assessment strategies for various workers. Woolworths basically select the presentation examination process dependent on the quality and shortcomings of the exhibition appraisal process (Wiese Buckley, 2015). Quality and shortcomings for 360-degree criticism are as per the following: 360-degree input process basically gathers data from various sorts of points of view, and the assessor doesn't depend upon a solitary source like the conventional technique for the presentation evaluation. In this manner, it builds the unwavering quality of the presentation examination. Any association can get the ideal degree of benefit if the follow a client focused methodology. The 360-degree approach is one of the client centered methodology by which Woolworths gather the criticism in regards to their lasting representatives (Taylor et al.2012). This presentation examination technique can assist them with implementing increasingly effective and appropriate client support methodology by which they can fulfill the necessities of clients. 360-degree execution examination procedure can assist the Woolworths with understanding the impression of various representatives in regards to the demeanor or practices of another worker (Van der Heijden Nijhof, 2014). In this manner, this exhibition examination technique can help the administration of Woolworths to comprehend the specific conduct of their representatives. Woolworths executes this presentation examination technique since it causes them to comprehend the more extensive points of view with respect to their perpetual representative (Findley, Giles Mossholder, 2010). Besides, it causes their worker to comprehend the impression of another representative with respect to them. Accordingly, this upgrading collaboration in their association that is vital for the large retail association like them. For taking execution examination frameworks of chiefs, Woolworths additionally includes the criticism of the subordinate worker that causes the organization to accomplish a successful degree of the community oriented condition in the undertaking premises. The principle purpose for this is a making of the viable degree of correspondence among representatives (Smith, 2013). Accepting criticism from their quick subordinates power the administrators to keep up a compelling relationship and correspondence with them, this in turns creates an adequate degree of efficiency in Woolworths. The input that is gotten from various workers causes the organization to get an increasingly functional just as the adjusted view with respect to the exhibition of staffs. The 360-degree execution examination technique can assist the Woolworths with increasing the mindfulness and capabilities of staffs. Alongside the elevated level of solidarity, this exhibition evaluation strategy likewise has a few shortcomings. The shortcoming of the exhibition evaluation technique for the Woolworths for their lasting representatives is as per the following: There is an elevated level of probability that the low-level representative of Woolworths may not give legit input regardi

Rational Choice Theory essays

Normal Choice Theory expositions Since the finish of WWII another and disputable hypothesis has emerged in the political theory world, the Rational Choice hypothesis. This technique concerns itself all the more absolutely with clarification and examination rather then the conventional clear and critical strategy for taking a gander at political marvel. As appeared in the article It isnt Rocket Science, however... The objective decision researcher concerns itself more with the strategy by which an individual approaches settling on a choice when confronted with various other options. Be that as it may, alongside the development of this new hypothesis, resistances to it have likewise risen. In the article When did Political Science disregard governmental issues the genuine unwavering quality of this hypothesis is tested. Along these lines, one must ask itself, is it conceivable to build up a widespread logical hypothesis that could apply to every political region? Could Political Science be seen as a science? These are the issues that these articles are based on. As referenced over, the primary article concentrates more on the genuine strategies utilized by a person when confronted with all the more then one chance or result. It takes a gander at what a people inclinations with respect to a ultimate result are and the convictions that manage the person in getting to which device he should use to accomplish their ideal result. In a completely basic manner, it considers an individual only as far as the things the individual in question needs and the things the person in question accepts. We need to discover how an individual settles on decisions when gone up against with options. Since political conduct is frequently about settling on decisions our model will give us hunches and instincts about how a conventional or delegate individual defies these conditions in the theoretical (1). To make it a stride further, the normal choicer accepts that all people are discerning creatures. That is, they utilize their inclinations and convictions to come a bout creation choices in their everyda... <!

The Nuiances of Descriptive Essay Samples Free Pdf

The Nuiances of Descriptive Essay Samples Free Pdf Top Descriptive Essay Samples Free Pdf Choices A number of the essays ask that you describe what's happening and a number of them are about why it's happening. Also, make sure you're a responsible writer by assuring that all the things which you are write won't hurt anyone or any individual related to what you're describing. Definitions of Descriptive Essay Samples Free Pdf Although descriptive essays are somewhat more open to creativity, you might be surprised to know that it involves a whole lot of organization to be able to attract its audience so it's important you take the opportunity to do this to guarantee excellent work. Professional writers are well trained and have a great deal of experience so can come up with a few of the greatest work. The most important goal is to produce the audience feel like they were involved in the experience. You may easily depend on us to find essay help as we have a tendency to assist an d guide the students with the aid of our professional experts. There's, naturally, a limit on the range of pages even our very best writers can produce with a pressing deadline, but generally, we figure out how to satisfy all the clients seeking urgent assistance. Make certain your position isn't biased and all of your statements are supported by the evidence. You might need to search on the internet or check out magazines that announce such contests from time to time. Dred hours of implications for a selection of time to relate back to compose a simple. On the 1 hand, our descriptive essay outline sample will provide you a sense of the important sections and portions of a descriptive essay. You don't need to buy a Sample essay, as it's entirely free. By viewing the Sample essay, you can choose whether you need to buy an essay for yourself. Viewing a Sample essay and considering the matter of plagiarism is extremely important. Essay writing comes in various forms. Analytical essay requirements usually demand you to not just respond to what you might have learned in a lecture. In addition, it's possible to also have a look at our Argumentative Essay templates. The Lost Secret of Descriptive Essay Samples Free Pdf Youll easily observe that a great a very good comparecontrast paper isn't only pointing out the crucial similarities and differences between two subjects. There are a few topics which are absolutely unseen and students find difficulty in locating the appropriate direction and method of information collection. Also, you should carefully look at the marking rubrics before you commence writing. When you place an order, regardless of what topic it's on, you can be sure that you will have core facets of analysis conducted in your essay. After all, you don't need to provide your readers the incorrect interpretation. Do you understand how you'll understand the intricacy of this assignment. Your language selection will be dependent on this issue. What to Expect From Descriptive Essay Samples Free Pdf? Benefits of Online essay Writing Services Essay writing is an ambitious undertaking for the majority of the students today. Descriptive Narrative Essay Example may be used mainly to recreate a function. Sample essay writing is a kind of writing which can be used for advertising purposes. It is a tough business when you are at college. Dance is more than merely a sport, it is a passion. After the music starts is when you want to start your dance. Dance is a sport that you don't ever wish to give up on. Dance isn't just a concrete phenomenon, it is a social, cultural, a nd historical item. Rumors, Lies and Descriptive Essay Samples Free Pdf If you would like to quote the interviewee in some sections of your essay, be certain that you compose the precise statement which he or she has said during the interview. Writers may be experts for specific levels, as you may also get writers that are experts on more than 1 level. The writer ought to be in a position to bring an emotional link between the reader and the subject. Our writers always create unique content that is absolutely free from all grammatical error. A descriptive essay is a kind of essay which aims at aiding you to illustrate something to your reader in a manner which they can see feel or hear what it is you're discussing. It is a type of essay which aims at helping you illustrate something to your reader in a way that they can see, feel, or hear what you are talking about. If you would like to get started writing a descriptive essay, think about the focus of your writing first. The trick to writing a great effectiveA essay is to get the passion to write it.

NSA Spying - What is Metadata and What Does the Law Say

NSA Spying - What is Metadata and What Does the Law Say? Technology is in everything we do from using our home refrigerator, washer, cellular device, automobile, and or computer systems. When using certain devices you pass information to others pertaining to personal and private information. This information or metadata could be a bank account or credit card number, pin, and or password that we unconsciously share. We randomly give away this information at a dentist or doctor’s office, the local liquor store, or when we visit social media sites like Instagram, Facebook, Yahoo, and or Google. This information is all collected, stored, and tracked by big brother, and what are they doing with it, is the metadata being secured, American’s may never know. Disturbingly the National Security Agency (NSA) has been collecting metadata on Americans personal telephones and electronics devices for several years. This collection was happening before the NSA Analyst Edward Snowden leaked these facts to the world in late 2013. The NSA was formed in the 1950’s, and during this time frame the NSA disseminated intelligence information from electronic signals for foreign and counter intelligence purposes, which supported the American military needs. Currently the NSA has refocused their spying tactics to technology driven devices. The NSA has an extensive â€Å"telephone-metadata program, since 2001, and they collect phone records of virtually all Americans† (Lizza, 2013). Email and SocialShow MoreRelatedPursuit of Privacy and The National Security Agency1695 Words   |  7 Pageseffort to prevent any unauthorized spying on innocent civilians a court known as FISA was created in 1978 to regulate the NSA. Up until the events of September 11th, 2001, the NSA was used strictly as a tool for foreign investigation to decipher international communications (â€Å"Frequently Asked Questions About NSA† 1). Twenty-three days after the Twin Towers fell, President Bush passed the Patriot Act (â€Å"Timeline of NSA Domestic Spying† 16). This act ushered the NSA into a position of limitless capabilityRead MoreThe Use Of Mass Surveillance On Civilians Conducted By The Members Of The Five Eyes Program1335 Words   |  6 Pagesreasons as to why this is true. I will confront the objections claiming that such surveillance is legal by proving that it is, in fact, illegal and prove this by citing ambiguities in bureaucracy records. II. Violation of International Human Rights Law I will now argue that the mass surveillance of citizens by the participants of the Five Eyes program: The United States, Canada, Britain, Australia, and New Zealand is a clear violation of human rights. I will do this by demonstrating that governmentRead MoreThe NSA Surveillance Constitutionality: Edward Snowden974 Words   |  4 PagesJune 6, 2013 the details of the National Security Agency’s (NSA) surveillance activities where given by Edward Snowden to the public; raising concerns of Americans about their privacy. Edward Snowden, a former employee of the NSA, gave the alarming details of surveillance programs in his interview on how the NSA accesses our emails, calls, internet activity, and anything else that is related to technology. In this system of surveillance the NSA can gather data from companies and tap the cables that areRead MoreThe Nsa Had Committed 2776 Violations1698 Words   |  7 Pagespeople discovered that the NSA had committed 2,776 violations to the la w. The NSA was mainly spying on other countries while those other countries were spying on the United States.The U.S. government tried to explain why they did those infractions with the excuse that they were unintentional. The court ruled it as unconstitutional. As of now, the United States has collected every single piece of data that has been placed on the world wide web and is stored in a metadata machine.This means that anyoneRead MoreEssay on The Patriot Act is Unconstitutional2556 Words   |  11 Pagesthe â€Å"Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism† (The USA Patriot), USA PATRIOT act, was signed into law with 98 votes of support in the Senate and 357 votes of support in the house, with 67 votes in descent total. Many Congressmen who signed the bill â€Å"now say they did not even read it before voting in favor† (The USA Patriot). A version of the bill had already gone through committee and was approved by the ACLU, however, thatRead MoreEdward Snowden and The Government Data Collection Program1439 Words   |  6 PagesLon Snowden, as well as others have compared Edward Snowden to â€Å"Paul Revere† and have called him a â€Å"Hero† while others vilify him (Gidda 3). Technically what he has done is a crime, yet many people rally to his defence. â€Å"There is every reason to believe the federal government has been collecting every bit of information about every American’s phone calls†(Hertzberg 2). Through Edward Snowden’s actions we have learned of the governments data collecting program: Prism. This has provoked the publicRead MoreDigital Privacy Concerns Essay1565 Words   |  7 Pagesexpressing his acknowledgement of the issue, failed to discuss an array of other pressing dilemmas regulated by the recently exposed National Security Agency (NSA), especially those involving the mass data stockpiles and the rights of foreigners ag ainst immoderate and disproportionate surveillance by the US. Furthermore, the intentions of the NSA still remain unclear; why is the collection and the extended retention of this data useful? Those in power believe that the collection of this informationRead MoreThe Case Of Whistleblower Edward Snowden1867 Words   |  8 PagesFrom the time children can understand the concepts of what is right and what is wrong, it is instilled in them to do what is right, even if it will get them in trouble. Sadly, as those children grow up they learn the harsh reality that speaking truth to power can lead to prosecution. Such is the case of whistleblower Edward Snowden. A former contractor for the United States National Security Agency (NSA). Who in May of 2013 contacted veteran journalist Glen Greenwald and award-winning DocumentaryRead MoreThe Patriot Act Is A Tricky Thing1361 Words   |  6 PagesCreating a law is a tricky thing. No matter what is decided upon someone will end up unhappy. Unlike most laws that are made, the Patriot Act is highly controversial and a double-edge sword. Some think it is to help keep our nation safer against future acts of terror. Others think it is a complete disregard of our constitutional rights. This program is by all measure a violation and neglect of every American individual’s civil liberties. The NSA surveillance program as authorized by section 215 ofRead MoreEssay on Is Big Brother Watching You?1669 Words   |  7 Pagessome point were considered impossible. The concept of having a personal computer was once impractical because the computers were just too big for the average home, now we can just about fit them in our pockets. What happens when that kind of innovation and creativity is turned against you? What if someone else was watching you through your computer without you ever knowing? Government surveillance has always been an issue in the past, a touchy one at that; people love their privacy however with webcams

William Shakespeare s King Lear - 1275 Words

Shakespeare’s King Lear has experienced numerous iterations over the past few centuries, with various editors and writers revising the manuscript to fit their desires. The absence of a single definitive edition has made the play a goldmine from which countless adaptions and stage interpretations have emerged, as its situation allows for directors to take creative liberties with the source material. For this reason, the quality of these productions tends to straddle between excellent and mediocre. Thankfully, director Dennis Garnhum’s rendition firmly stands in the former. Sponsored by Polygon, in collaboration with Theatre Calgary, Garnhum’s interpretation of King Lear was performed at Bard on The Beach’s Vanier Park stage on June 20, 2015. Dennis Garnhum is not new to the theatre scene, having been an artistic director for Theatre Calgary for the past ten years, and directing a number of plays such as Pride and Prejudice, Of Mice and Men and Twelfth Nigh t. His King Lear is the first presentation of the play that Theatre Calgary had ever done. In an interview with Calgary Herald, Garnhum stated the reason for waiting so long was that â€Å"You don’t do King Lear until you have a true Lear. I’m appropriately terrified and delighted.† This ‘true Lear’ came in the form of heavyweight theatre actor, Benedict Campbell. In addition to a stellar cast, the play had a skilled set of technicians and designers, such as the popular Canadian costume designer, Deitra Kalyn and set designer,Show MoreRelatedWilliam Shakespeare s King Lear1550 Words   |  7 PagesINTRODUCTION: By facilitating the growth of evil within William Shakespeare’s King Lear, it is evident that the tragedy’s protagonist, King Lear can be held accountable for his own victimization and ultimate downfall. The most notable aspects of this self-induced victimization include Lear’s own lack of practical wisdom and divergence from the natural order, combined with the neglect of kingship, that enables Lear as a tragic hero to create the conceptual framework in which the ulterior motives ofRead MoreWilliam Shakespeare s King Lear1564 Words   |  7 PagesWilliam Shakespeare is universally known for his literary output both in poetry and drama. Whether through his laugh-invoking comedies or his heart-wrenching tragedies, Shakespeare’s plays have changed the course of literature. Many of his plays about love are widely praised by all, but Shakespeare s King Lear differs from the rest due to its definition of love. King Lear serves as an battleground between decept ion and compassion, between flattery and honesty. Rather than focusing on romantic loveRead MoreWilliam Shakespeare s King Lear3086 Words   |  13 PagesJerion Young Ms. Woods English IV 4 March 2015 King Lear William Shakespeare uses several literary elements in his writing, elements which are especially apparent in his play, King Lear. Shakespeare uses excellent creativity and description when writing this tragedy. â€Å"Neither has Shakespeare placed in the mouth of any other character in this play such fatalistic expressions as may be found in King Lear and occasionally elsewhere†(A.C. 2003). The way King Lear talks in this play is very evil compared toRead MoreWilliam Shakespeare s King Lear1611 Words   |  7 Pagesexperience life-changing events that jeopardize our sense of identity and make us question how we value ourselves. Our perception of our worth can change with what we learn through our existence, much like the characters in the play King Lear by William Shakespeare. Adversity and hardship are inevitable when characters are unable to connect themselves within their own identity or find a loss of self at some point in their role. The self-awareness, an essential a spect of their role, of many ofRead MoreWilliam Shakespeare s King Lear1320 Words   |  6 Pagesothers. Having strong communication skills allows one to better understand the situation at hand. Proper communication is essential to working out problems because of this reason. In the play King Lear by William Shakespeare, Lear communicating with his daughters, Gloucester communicating with his sons, and Lear communicating with Kent are all examples of failure of communication, which later lead to consequences and hardships that the characters must face. Without proper communication, people willRead MoreBlindness By William Shakespeare s King Lear2212 Words   |  9 PagesMaysoun Deeb Mr. A. T. Lebar EN4UN-04 13 July 2015 King Lear Blindness by definition, according to dictionaries, is â€Å"unable to see and lacking the sense of sight† by which King Lear, the classic tragic play written by William Shakespeare, illustrated the concept of blindness amongst his characters as the leading theme. King Lear and Gloucester were the characters that have been conflicted by this â€Å"blindness† that may or may not change their personalities in the very end of the play. Gloucester becomesRead MoreWilliam Shakespeare s King Lear1546 Words   |  7 PagesTwo Sides to Every Person There are two sides to every story; that of the protagonist and that of the antagonist. As shown in the Shakespearean play King Lear, there is very little difference between the two. Edmund, who appears to be a villain, is more than meets the eye. His evil is a rebellion against the social order that denies him legitimacy. His villainy does not come from innate cruelty but from misdirected desire for familial love. His remorse in the end displays his humanity and blindnessRead MoreWilliam Shakespeare s King Lear1510 Words   |  7 PagesShakespeare’s King Lear deals with tragic human relationship like the other tragedies of the author, but this story was written in social aspect and raises the doubtful point on legitimacy of some political systems. In this play, various characters form multi-layered kconflict relations. Thus, the story is being propelled towards tragedy due to numerous inner and outer conflicts of each character. However, as it is brought into being a charact er, Edgar in the end of the story, it implies new beginningRead MoreWilliam Shakespeare s King Lear1470 Words   |  6 Pagesduring the Elizabethan era, making it relatable to all audiences, especially the modern audience, leaving room for multiple perspectives and understanding of the play. Shakespeare’s play ‘King Lear’, depicts the main protagonist’s ‘gradual descent into madness’ as a result of the forces of evil acting in the play for Lear has, to an extent, have sinned though it can’t outweigh that he has been sinned against. This is confirmed through Lear’s injudiciousness to see through his two eldest daughter’s internalRead MoreWilliam Shakespeare s King Lear 1306 Words   |  6 Pagesâ€Å"All...shall taste the wages of their virtue...the cup of their deservings. (5.3.317-320)† King Lear is frequently regarded as one of Shakespeare’s masterpieces, and its tragic scope touches almost all facets of the human condition: from the familial tensions between parents and children to the immoral desires of power, from the follies of pride to the false projections of glory. However, one theme rings true throughout the play, and that very theme is boundless suffering, accentuated by the gruesome

Role of Statisticians and Quality Professionals - MyAssignmenthelp

Question: Discuss about the Role of Statisticians and Quality Professionals. Answer: Introduction Call centers, according to Mani, Barua and Whinston (2010), are always the first points of contact for clients to an organization and they determine whether clients remain loyal to a company or leave. Nonetheless, approximately 20% of all callers have been found to hang up with their problems unresolved (Kannan, 2003).Goh (2002) argues that most of the initiatives by most companies are well calculated towards improving customer experience. However, M and Antony (2015) expostulate that these initiatives are often positioned in ways so that they are internally motivated, looking at performance and cost. The outcomes of these measures being made use of in scorecards as targets imply that company managers are more often than not focused on ways through which they can better their company output and canvassing about issues like how can uncontrolled calls be minimized to some lower percentage? rather than concentrating on their companies input: what are the complains that our clients are c alling about and how well are their calls first time? (Snee, 2005, p.237). By concentrating on the output, Valdez (2013) notes that most organizations have a lack of performance measures that they employ to help better their call centers so that they can effectively and sufficiently respond to as well as further enhance their customer experience. Although call centers within companies are technically service organizations, they are majorly data centric; they record data regarding performance for some periods of time (Linderman, Schroeder, Zaheer Choo, 2003). The presence of such data in addition to the need to improve business-wise creates a possibility of applying business advancement methodologies that have lately been developed (Mani et al., 2010). Among the present methodologies in place is the Six Sigma. Using the case of BPO Inc., this report will explore the role of the Six Sigma as one of the performance management system both at operational and strategic levels in call cen ters. The report will reflect some of the challenges that are facing call centers. It will also try to understand some of the demands by clients from company and determine the capability of call centers to address the clients demand. Background Study on Call Centers Initially, call centers were built within houses in large organizations (Adams, Gupta, Wilson, 2003). The advantage of this structuring was that it allowed coherent departmental focus on phone services in addition to the fact that it made it cheaper for organizations to handle more calls by fewer people (Antony, 2004). Nonetheless, this structuring led to an increase in targets by the kind of calls/hour. Secondly, it contributed to a high staff turnover since people became demoralized by the tensed environments that were often created in the in-house settings (Linderman et al., 2003). With the advancement in technology, significant changes have been noted. Since 1990s, Customer Relationship Management (CRM), as pointed by M and Antony (2015), has been perceived as synonymous with operations in call centers. The combination of data telephony arrangements that are designed to offer advisors with data they require to meet the need of their clients has made a number of call centers to em ploy CRM (Kannan, 2003). With the advancement in technology, several difficulties have, however, been seen with meeting an organizations operational performance procedures without completely comprehending the needs of their clients and/or the kind of support functions needed (Snee, 2005). Bhargav, Bhardwaj and Rathore (2010) point out that the greatest challenge encountered by call centers is how they can provide an excellent/outstanding client experience while simultaneously bettering productivity. Six Sigma, as pointed out by Shokri (2017), is a well-organized approach to bettering processes, service qualities, and products. Gowen and Tallonn (2005) define Six Sigma (Define, Measure, Analyze, Implement, Control (DMAIC)) as a systematic as well as a well-organized approach for the betterment of organizational strategic processes, new products, along with service development which chiefly depend upon scientific and statistical methods to help reduce customers distinct defect rates. The Six Sigma approach serves to improve an organizations process performance, improve the organizations commercial profitability, and increase the organizations client satisfaction (Valdez, 2013). Six Sigma plays several roles within an organization. Call centers that have employed Six Sigma have the ability to streamline organizational operations, which principally comprises of managing outbound as well as inbound calls (Hahn, Hill, Hoerl Zinkgraf, 2009). Streamlining operations within call centers results in better usage of an organizations available resources (Goh, 2002), minimizes the organizations operational costs (Adams et al., 2003), and improve an organizations efficiencies (Hahn et al., 2009). By improving an organizations external and internal operations, Six Sigma creates room for an organization to enhance their client support and care services (Gowen Tallonn, 2005), a thing that in the long run improves a call centers brand as well as corporate image. This ultimately leads to better acknowledgement of the outsourcing services of a companys call center thus attracting new customers. The need for operation as well as strategic developments of Six Sigma is emphasized by M and Antony (2015) who established that the D and C steps in an operational application of the Six Sigma has weaknesses. They argue that the D step (in the DMAIC paradigm) along with its related criteria for choosing Six Sigma may only concentrate upon lower challenges instead of the strategic client based openings, an argument supported by Shokri (2017). Moreover, the C step may be incapable of creating strategically appropriate benefits in a companys strategic projects as a result of their cross-functional nature that overtures ascription of ownership. Issues of Operations Management at BPO Inc. BPO Inc., is a leading healthcare company that is based in the United Arab Emirates (UAE) (Antony, 2004). The company offered its customers with a variety of services ranging from insurance brokerage to management consultancy in more than 100 countries, having more than 50, 000 workers and more than 500 offices (McAdam, Davies, Keogh Finnegan, 2009). BPO Inc. had three distinct divisions: insurance brokerage/risk management, compensation consulting, and human resource consulting. The insurance brokerage/risk management functioned to help the company comprehend as well as evaluate their risk profiles (Heizer, 2016) thereby developing the most appropriate insurance programs/risk management programs that would help them minimize their susceptibility to unavoidable long-term challenges (Bhargav et al., 2010). The organizations human resource division addressed issues that were related to the companys business process design (BPD), management consulting, and human resource outsourcing (H RO) (Kumar, Barua Gaindhar, 2000). Lastly, the organizations compensation consulting division helped in developing effective reward and compensation programs. The companys HRO comprised of a division called the employee benefits outsourcing (EBO). The BPOs EBOs health and welfare service delivery process offered dental, vision, medical and survivor benefit programs for the companys 18 customer companies. BPOs EBO provided administrative duties like providing help to employees who were registering in firm-sponsored benefit schemes, altering benefit options, responding to questions regarding coverages that were initially catered for by the customers HR departments, and updating dependent data regarding their client companies (Karuppan, Dunlap Waldrum, 2016). It is worth noting that their clients employees were always not aware that they were communicating with a third party and not an individual employed within their organizations HR department. As aforementioned, BPO served more than a million client calls on a monthly basis. Owing to this big number, some of their customers felt unsatisfied. According to a study that was done by AA and YE (2007), the companys customer satisfaction (CSAT) levels dropped far below 47% (Ames, Mattucci, MacDonald, Szonyi Hawkins, 1997). For this reason, Allen J. (AJ) Lauren, who was then as the companys executive vice-president, launched an investigation on what was contributing to the fall in their CSAT levels. This was prompted by an email that was sent to him by Sam Regan, who was then serving as the HA (one of the major customers to BPO)s CEO. In the email, Regan stated that he had received a substandard service far below his anticipation. This compelled Regan to call for an audit of HAs transactions with BPO, a thing that really troubled AJ since the business relationship between the companies was at stake. Owing to the fact that the client, HA, was a component of the health care industr y, it was very unacceptable for HA to receive a low CSAT levels from BPO. It is for this reason that this report analyzes the possible causes of the low levels of customer satisfaction so that a customized BPO solution that will assist the company to soar high in performance can be established. Analysis of the Case From the case, it is evident that the BPOs management is up to having a culture of steady improvement with regard to their service provision to their clients. In order to realize this, Ames et al. (1997) point out that a company must continuously recruit as well as coach a team of experts with who will guarantee the organization quality along with efficiency in transforming the business. To be successful, a company must employ the right paradigm. For the case of BPO, the Six Sigma is the most appropriate. This is because when all employees within BPO are coached as Six Sigma experts, they will be able to have a common language as well as a tool kit that can allow them to possess their steady advancements to realize as well as exceed objectives independently (Heizer, 2016). Using the DMAIC model, a detailed assessment of the case was performed and some critical issues were noted in the process affecting the clients BPOs performance. First, there was a cultural as well as linguistic in congruity between the customers clients and the BPOs staff. The customers client base was of an Arab native whereas that of BPO staff, which comprised of five males and five females, was non-natives of Arabia. As such, the parties could not communicate effectively (Antony, 2000). The language barrier between the parties made communication significantly hard for the BPO employees to address the ethnic-specific needs of their clients (Karuppan et al., 2016). The second issue is that there was a dire need for an alignment of the BPOs support staff with the companys average processes that governed the companys functioning or operations. Similarly, the BPO needed an intensive and all-encompassing coaching with regard to BPOs management platform. Third of the critical issues that were noted was that the turnaround time for BPO lagged for more than seven days in contracting their clients after discharges. Fourth, BPOs staff only worked for five days weekly (Monday-Friday). Moreover, they only worked between 9 am and 5 pm. The five days of work per week and the 9-5 working hours per day posed a considerably significant challenge for the clients who desired contacting BPO. In addition to the above mentioned issues, it was also noted that the clients always wanted to ensure that they were conversing with Arabian agents. For this reason, they often sought for the last names of the BPOs staff before they could proceed to make plain their issues (AA YE, 2007). It was also noted that BPOs female clients would not provide their individual contacts for purposes of communication. Instead, they would only give the contact of their male members of their families. It was noted that most of the calls that were unresolved on the very first call required some research by the personnel on duty. The service providers at BPOs call center were largely judged depending on their availability to answer calls or not. According to McAdam et al. (2009), this significantly role played in limiting the time the BPO experts could dedicate to researching the issues that were not open. Also, clients whose questions were unanswered within the very few days would again call back. Ku mar et al. (2000) argue that this had the effect of increasing the volume of calls that were received. This exaggerated the total number of calls that the company was unable to resolve. For this reason, several entries being made in the companys computer system for one and the same problem. Recommendations After identifying the above critical issues that were likely affecting BPOs CSAT levels and performance, a team of experts working for the company should consider implementing the following measures which will help the company scale higher regarding their CSAT levels. First, BPO should check on its service timings. The company should consider increasing its support time by a period of four hours. They should also make their staff be available for work from 7 am to 7 pm so that they can be able to attend to more clients. Antony (2000) explains that the spread of time during which calls can be made to call centers reduces congestion that is often experienced in call centers. In the companys attempt to fit within the working hours of the United Arab Emirates, the company should consider changing their number of working days from Sunday to Thursday as opposed to Monday to Friday. They should also introduce multiple shifts so that they can be able to cater for the time demand globally. The second possible solution regards local BPO agents. For effective communication with their clients, BPO should consider hiring a team of Arabs who will be able to speak effective with their fellow Arab natives. This will eliminate a situation of cultural gap that has characterized they service provision to their clients (AA YE, 2007). Additionally, BPO should develop a support infrastructure. BPO should enhance its infrastructure by including email, internet, and best-of-breed facilities that will efficiently help in handling operations (Antony, 2000). These initiatives will significantly reduce BPOs team turnaround time. Another possible solution way through which BPO can regain its reputation is by having value added support services. BPO should consider extending its usual 24 hour call support to allow for access processing needs often seen during peak seasons. The BPO agents should be given tailored last names so that they will be able to suit their callers nation (AA YE, 2007). Ethnic explicit provisions should unambiguously be created so that a record of rebuttals from complains raised by clients can be taken note of. Ensuring that the companys support officials have a good grasp of the problem that they are working to overcome will also help the company advance a step further. It is also helpful that the client, Regan, gives a comprehensive information regarding the process that led to his reaction. This will help the BPOs CSR staff to design a way of reacting to such cases in the future. A further examination of the case calls for the employment of another set of options. First, BPO should split its call center team into two different sections: the lower division and upper division. This will allow for a quick scan of a problem in case of any (Snee, 2005). It will also ensure there is limited over-reliance of the two teams since each team will be working to realize their distinct objectives (AA YE, 2007). Similarly, within each division, the company should ensure that there those who deal with calls while others deal with research aimed at bettering the companys service provision standards. These divisions will work jointly to help the organization know and address the issues surrounding their customer satisfaction. BPOs representatives should also have the culture of visiting the divisions of the call center. When visiting, they should carry with them daily parameters that are designed to help the company realize its success. These metrics should be daily collected, evaluated, and reported to a central point where experts will make recommendations and plan for a better future (Mani et al., 2010). In case there is noted a significant drop in the first-call resolution, an immediate follow-up action should be launched. This strategy will ensure that all groups are kept under check. Moreover, the companys IT professionals should establish a computer system that should be used as well as the fields that should not be used in the monitors. This will help in capturing research information as well as notes, which may be used for purposes of reorganization of the company. Lastly, unresolved calls should be forwarded to the organizations management within a span of four days. Conclusion Not only are call centers ubiquitous, they are also major determinants of customers satisfaction. The performance of organizations call centers have the potential of breaking or making an organizations customer loyalty indexes. Thus, it is only by improving/perfecting what is needed by the clients, hedging around those requirements, and gathering measurements on the major factors that an organization is able to remain competitive. Otherwise, a company is doomed to collapse. The success of a call center will then be realized by call attendants responding well to calls, resolving questions from their clients, and minimizing the hold time. Nevertheless, if these key metrics are taken alone, with no or little consideration of other customer-influencing service level parameters, an organization can still fail. The analysis further leads to the deduction that the Six Sigma paradigm has been crafted to help organizations address issues surrounding operational and strategic levels, while sim ultaneously upholding the DMAIC approach. This paradigm makes use of the concept of systems thinking to make sure that the implications of changes that are made at any given level within an organization are well understood at all other levels within an organization. Rightly applied, the methodology serves to improve both localized as well as internal performance parameters by use of operational DMAIC. Moreover, the application of the paradigm allows for the making and measuring of changes from the perspective of the clients. By allowing an organization to know what customers regard as important and recognizing as well as removing the hurdles to offering these important things, organizations call centers are able to resolve clients complaints. Considering the BPO, it is worth noting that if the above recommendations are carefully integrated, then the business relationship between HA and BPO will continue, even on a better tone. References AA, S., YE, P. (2007). Operations Management for MBAs JR Meredith SM Shafer.The Journal of the Operational Research Society, 10(8), 1120. Adams, C., Gupta, P., Wilson, C. (2003). Six Sigma Deployment. Butterworth-Heinemann: Woburn, MA. Ames, A. E., Mattucci, N., MacDonald, S., Szonyi, G., Hawkins, D. M. (1997). Quality loss functions for optimization across multiple response surfaces. Journal of Quality Technology, 29 (19), 339-346. Antony, J. (2000). Multi-response optimization in industrial experiments using Taguchis quality loss function and principal component analysis. Quality and Reliability Engineering International, 16, 3-8. Antony, J. (2004). Six Sigma in the U.K. service organizations: Results from a pilot survey. Managerial Auditing Journal, 19(8), 10061013. Bhargav, A. M., Bhardwaj, A. Rathore, A. P. S. (2010). Six Sigma Methodology Utilization in Telecom Sector for Quality Improvement-A DMAIC Process. International Journal of Engineering Science and Technology, 2(12), 2010, 7653- 7659 Goh, T. N. (2002). A strategic Assessment of Six Sigma, Quality and Reliability Engineering International. Quality and Reliability Engineering International, 18(2), 403410. Gowen, I. R., Tallon, W. J. (2005). Effect of technological intensity on the relationships among Six Sigma design, electronic-business, and competitive advantage: A dynamic capabilities model study.Journal of High Technology Management Research,16, 59-87. Hahn, G. J., Hill, W. J., Hoerl, R. W., Zinkgraf, S. A. (2009). The impact of Six Sigma improvementA glimpse into the future of statistics. American Statistician, 53(3), 208 215. Heizer, J. (2016).Principles of Operations Management: Sustainability and Supply Chain Management, Global Edition. [N.p.]: Pearson. Kannan, N. (2003). Leveraging Lean Six Sigma in Business Process Outsourcing. Retrieved on 27th September, 2017 from https://www.sourcingmag.com/content/c060522a.asp. Karuppan, C. M., Dunlap, N. E., Waldrum, M. R. (2016).Operations Management in Healthcare: Strategy and Practice. New York, NY: Springer Publishing Company. Kumar, P., Barua, P.B. and Gaindhar, J.L. (2000). Quality optimization (multi-characteristics) through Taguchis technique and utility concept. Quality and Reliability Engineering International, 16(3), 475-85. Linderman, K, Schroeder, R, Zaheer, S, Choo, A. (2003). Six Sigma: A goal-theoretic perspective. Journal of Operations Management, 2(12), 193203. M., V. S., Antony, J. (2015). Six-sigma for improving Top-Box Customer Satisfaction score for a banking call centre.Production Planning Control,26(16), 1291. Mani, D., Barua, A., Whinston, A. (2010). An empirical analysis of the impact of information capabilities design on business process outsourcing performance.MIS Quarterly,34(1), 39-62. McAdam, R., Davies, J., Keogh, B., Finnegan, A. (2009). Customer-orientated Six Sigma in call center performance measurement.International Journal of Quality Reliability Management, 19(6). 516. Shokri, A. (2017). Quantitative analysis of Six Sigma, Lean and Lean Six Sigma research publications in last two decades.International Journal of Quality Reliability Management,34(5), 598. Snee, R. D. (2005). Leading business improvement: A new role for statisticians and quality professionals. Quality and Reliability Engineering International, 21(11), 235242. Valdez, K. (2013).Customer Satisfaction: 189 Most Asked Questions: What You Need to Know. [Brisbane, Australia]: Emereo Publishing.

Teleflex Canada Essay Example

Teleflex Canada Essay Aimed Course Instructor Compensation Theory and Practice (HARM 380) School of Business North South university Subject: Submission of the case on Telexed Canada- A Culture of Innovation. We would like to thank you for assigning us coursework for the course Compensation Theory and Practice. This case study has given us the opportunity to combine our theoretical knowledge with a practical scenario In the case. We worked as a team to solve the case as you taught in the class. We would like to thank you for giving us the opportunity to solve the case and work with a strong and reliable team. We believe that the knowledge and experience that we have acquired while working with this case will Immensely help us In our future professional life. We have tried to make use of our best knowledge to analyze the project as meticulously as possible and it surely had offered us the opportunity to enhance our knowledge on Compensation Theory and Practice of Telexed Canada. We have concentrated our best effort to achieve the objectives of study and hope that this endeavor will serve the purpose. However, we will always be ready to provide any further clarification that you may require. Sincerely, Group A HARM 380, section 1 1. We will write a custom essay sample on Teleflex Canada specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Teleflex Canada specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Teleflex Canada specifically for you FOR ONLY $16.38 $13.9/page Hire Writer In the next section we have discussed analysis of the case that consists of the Theme which outlines most challenging factors that involves the publics resentment the main essence of the case where we discussed about details in their compensation and incentive policies. The Main Issue part has however picked up the most important significant point of the case. It may be noted that Main Issue has ended up with question how it can be solved or how the whole situation is resolved. We have done PESTLE Analysis of this case where Political factors arose with Telexed. Accordingly economical factors determines the current position of a country in the global market is as necessary as to see whether the country falls under developed or developing nations, then economical factors of the country is one of the main factors that should be considered. Social factors includes the difference that environment has brought up in the stores and their development in the growing market. Telexed has used the extensive technology to save time and effort and Legal factors are important for ensuring ethical practices in the business. Lastly, environmental factors include the competition that they faced. The Human Resource Issue is the statement that talks about how Telexed has been operation in consequences of issues that arose during their daily successful operation. In Recommendation, we have tried to dig out the problems that Telexed Canada faced and emphasized giving the best solution on developing effective and efficient employment structures or other cost effective means of HER management more practicable solution within limitations and restraints. Lastly, in Implementation we have discussed how to solve the problems broadly. We have discussed how to implement and conduct to resolve all the problems. No. Name Page No. 01. Background 02. Theme 9 03. Main Issue 10 PESTLE Analysts 11 05. HER Issues 18 Recommendation 21 Implementation 26 Telexed Canada is a counterpart company of Telexed Incorporated and it is best known for the innovations in the manufacturing industry which consists of products from many range for instance from marine hydraulic steering to heat equipment for both the trucks and buses industries over the past 30 years. It is also regarded as the pioneer of designing and manufacturing hydraulic and thermal technology products. By maintaining a variegated and consolidated culture inside the company, the many has been able to create revolutionary products- products that have been meeting the demands of customers over the past years. And, it has the potential of becoming a leading company in nearer future as the growth rate is very high. Ethnicity Innovation of Telexed Canada Telexed Canada that is a partition of Telexed incorporation is well prominent for the production of a variety of products which includes marine hydraulic steering systems, trim components for marine propulsion, heating equipment for the truck and bus industries, a range of proprietary fluid controls, and field cook stoves for the manufacture of hydraulic and thermal technological products. The company had to go through many questions that arose in many different manners. Telexed Canada Executives had to face various questions for instance if the size would inhibit the ability to innovate or not, would increased corporate centralization at Telexed Inc. Impact Telexed Canadas ability to respond quickly to new market opportunities, Could the culture of innovation in Telexed Canada be transferred to other parts of the company and what was the appropriate level of corporate support and control accessory to foster innovation and high performance at Telexed Canada and at other Telexed business units. Inside Telexed Canada there was a consensus that continual innovation in product design, manufacturing, and marketing was critical to the success of the organization. Telexed Incorporation is a diversified manufacturing company, which was headquartered in Limerick, Pennsylvania, Just outside Philadelphia. The company had three principal business segments. Which are as follows: Commercial Medical Aerospace They built many range of products for several companies. A mixture of products for automotive, naval, and engineering markets, including manual and automatic gearshift systems, transmission guide controls, mechanical and hydraulic steering systems, vehicle pedal systems, heavy-duty cables, hoisting and rigging equipment for oil drilling and other industrial markets; mobile auxiliary power units used for heating and climate control in heavy-duty trucks, industrial vehicles, locomotives and fluid management products for automobiles and pleasure boats were manufactured by the commercial segment. Telexed Inc. Also concentrates on manufacturing health are supply and surgical devices including anesthesiology devices, sutures, legation solutions, chest drainage systems, and high-quality surgical and orthopedic instruments. They have more of these segments which deals with the manufacturing of commercial and military aerospace, power generation, and industrial turbine machinery markets. Aerospace businesses provided repair products and services fo r flight and ground-based turbine engines; manufactured precision-machined components and cargo-handling systems; and provided advanced engine surface treatments. Products in the Commercial segment were generally produced in higher nit volumes than that of the companys other two segments. Marine and Industrial Hydraulic Systems Telexed Canada began during the year 1974 when Telexed Inc. Purchased part of Chaplain Engineering, as mall machine shop in Vancouver that was developing hydraulic steering systems for boats. At that time, another Telexed unit was producing marine steering systems with mechanical cable steering. Telexed Canada available before. Telexed Canadas hydraulic steering systems and they are as follows: Sea Star Sea Star Pro Bay Star All of these were designed to enable more comfortable control of pleasure boats. These products fundamentally changed the marine steering industry. In 2004 Telexed Canada sold more than 100,000 Sea Star systems, an increase of more than 30% over the previous year (retail prices for the higher-end products ranged from about $1 ,500 per system, while lower-end systems were about $250). The company had an estimated 95% market share in North America and 50% share in markets outside the continent. Telexed Canadas steering products were usually among the highest-priced products available in the marketplace. The marine steering industry had two main market segments. They are as follows: One of the segment was the marine distribution and dealer network that sold Telexed-branded products to boat companies and individual boat owners. Sales of marine products were split almost equally between original equipment manufacturers like Volvo Pentane and aftermarket dealers. A second segment includes stern drive engine companies like Volvo Pentane that would purchase a private label steering system and integrate it with their engine to provide a complete steering and controls package to boat builders. At the same time as talking about the steering services Telexed Canada also reduced components for marine engine companies like Bombardier and Volvo Pentane. These products were referred to as industrial actuation systems. During the year 1985 Telexed Canada began licensing an engine governor technology for large diesel trucks. In 1990 ancillary heater business for large trucks and buses was purchased from Cummins, which led to the development of the Preheat vehicle heater product line. The heater technology was adapted in the year 1997 to create cook stoves, which was known as modern burner units (Mbps), for use in army field kitchens. A major contract was signed with the U. S. Military for the production of Mbps. By 1999 Telexed was producing 10,iambus per year for military purposes. Telexed Canada innovation focused on product and market development that solved customer problems or created new markets. Much of Telexed Canadas success has come about because a demand was identified for new products in niche markets that were ready for a change in technology. The essential conviction of the executives of Telexed is that they dont use any technology that is not proven. They prefer calling themselves product developers. They will not develop any technology that cannot be robust and highly reliable with a low repair requirement. They take existing new (although sometimes new technology had to be invented to solve a customers problem). The executives here believe that Telexed Inc. Canada is a company that has been innovative in applications engineering as they focus on products they know they can sell because they are close to the market and know the customers very well. Here the executives think that the innovation of Telexed has a different meaning which can be understood by three questions. The questions are- How some market niche with that product can be penetrated and dominated? How reliable and robust products from that technology can be developed? How the existing technology can be exploited? However, Telexed Inc. Acquired Chaplain Engineering; the intent was to expand into new markets. At that time, the company was producing a heavy-duty commercial hydraulic steering system. In 1978 Telexed Canada introduced System, the worlds first low-cost hydraulic system for the mass pleasure boat market. Cost was a big factor because System competed against low-priced mechanical steering systems. Unfortunately, Systems plastic parts deteriorated when used beyond their mechanical capability, leading to unsatisfied customers and a risk that Telexed Canada would SSE its position in hydraulic steering. At that time, Telexed Canada had about 10% of the hydraulic steering market (the largest competitor had a share of about 80%). A new hydraulic steering system called Sea Star: Easter is a product introduced by Telexed which was introduced during the year 1984. Easter became the leading product on the market. In 1989 the new Easter was introduced. The mandate for the development team was smaller size to expand the potential market, lower cost, and better performance. Using some patented technology (a floating spigot); the new Easter was 30%cheaper to produce, 18% more efficient, and sold at the same price as the older model. In 1993 Easter Pro was introduced and was very successful in the Bass boat market where performance was the primary purchase criterion. Bay Star, introduced in 2002 for the lower-end market, was very successful (although it used up part of its innovation to fix the sales of a mechanical steering system produced by another Telexed division). Here Telexed came up with new and different innovative strategy. What they did is to regain their reputation in the marketplace; they had to come out with an overkill approach with the product. They developed a much more sophisticated and rugged all-metal system, which became Easter. This decision involved heated internal debates because the development costs were substantial. This required a lot of trust from IBM Black (Telexed Inc. Chairman and former CEO). He was willing to take some risk in the investment. There were a lot of skeptics. But, the hydraulics technology was well proven and being used in automotive systems. They were applying existing technology to a customized marketplace. From a technology perspective, the risk was (from another Telexed Inc. Business unit) was not going to satisfy customers as boat engines got bigger and more difficult to steer. This is what their concept was behind launching their new technology. Energy product development to get into heaters: They bought a product line from Cummins Engine. Cummins was not successful with the product. So, they bought the remaining inventory. This got their foot in the door, and it is much easier start a business when you have something to sell. When they did the deal with Cummins, they had already concluded that the product [the truck heater] was not any good. They did the deal anyway because it got them into a new arrest that they thought they could serve better with new products. The development of the truck heater, along with several other products, including a heater portents used by the military, provided Telexed Canada with a solid base of experience in combustion technology. This led to the development of the military cockatoos called the Modern Burner Unit ( MBA). The MBA used the same combustion technology as the truck heater and could be used as a block heater, passenger heatstroke, barbeques, or oven. The MBA project started with an inventor who had built a prototype stove. The inventor was ablate convince the U. S. Army to UT the project out for bid based on the specifications he had developed in his prototype. Later on Telexed Inc. Canada focused more on few strategies which includes the following: Pull-through Strategy: Rather than designing products and then looking for channels through which to sell them, Teleconferenced focused on end users. Executives described this strategy as a pull-through strategy. In this strategy the end users were the main sector of concentration and the design, looking for channels were not a matter of concern. Vertical Integration: Telexed Canada had always been vertically integrated. There was a consensus that, in he future, there would be less vertical integration. All the customers wanted the company to be as cost-effective as possible. In the past the company was incredibly vertically integrated. Relationships with Telexed Inc. : Within all of Telexed Inc. There was an ongoing debate about the merits of centralization and unified operating processes. Within Telexed Canada, this debate was particularly relevant given the history of the subsidiary (I. E. , 3,000 miles from headquarters) and its successful innovations. The bigger area of conflict from a corporate unified perspective involves market and product development, who owns it, ND how do they keep the innovation happening Managing Size: Telexed Canada has grown rapidly over the past three decades. Size has brought a variety of challenges. Every time they made a big Jump in revenue, there were benefits and downsides. Getting big can be a problem, which is one reason why Harold split the company into three divisions?he saw that they were accomplishing well and growing accordingly. Forward thinking: New product development and New Technologies: New product development was were generally confident that the organization would continue to develop and exploit existing technologies. The bigger challenge is dealing with new technologies. The risk is that existing products get replaced by new technologies in which we have no expertise. It is very obvious that hydraulics will go away eventually, and the market will demand more comfort at lower prices. The boat builders may integrate steering into their outboards. Most stern drive engine steering uses a cable with a power steering system. Telexed has a splendid reputation due to its well development in innovation and quality service for which they are the world leader. Apart from all success there were few reasons that were potentially bothersome. Some of these were high development costs that came up with new and innovative products, being innovative is what Telexed Inc. s all about but high development costs eventually increases the risks of failure of the new product. In 2004, the economic expenses were not under control and were relatively higher from the market. Relationship with Telexed Inc. Was another issue and delegation that arose problems like high costs, discrepancy in products etc. Maintaining the size of the organization was another enormous issue becau se the size is increasing and thus has to be managed effectively. Finally, they re always below stress for new product development, because their obtainable products technology would become past it in the near future. ND adopt with its high growth rate, hi tech niche markets, prolonged market response time and vertical integration to achieve optimum performance and creativity with minimal cost? PASTEL Analysis is an analytical tool for business planning. It is a strategic framework for understanding external influences on a business. PESTLE stands for Political, Economic, Social, Technological, Legal and Environmental and is used for marketing planning, business and strategic planning organizational hang, business and product development and research reports. By understanding these external environments, organizations can simply maximize their opportunities and minimize their threats to the organization. Political Analysis: When a company begins a business overseas it might face some political issues while expanding the business in other countries. And because of some of these issues some factors influences the company position and way they cooperate with in the business. Companys way of dealing and conducting with such issue are certain mostly and are related to the political factors. Past Factors: Telexed Canada started its business during the year 1974 by Telexed incorporation. The company didnt agree with starting business from the scratch as it was really hard to startup new company in Canada. They would rather look around for acquisition and bought small companies that would allow them to have a new market. They bought part of Chaplain engineering, a small machine shop in Vancouver. Not only in Canada the company knew that politically this business is stable and will be profitable if they could target the perfect customers which they did by targeting the military. The military has been helping them to increase their business by ordering new product from them as they have served them successfully in the previous project. Present Factors: The military are funding them for new projects in terms of political factors. The military is giving them the change to enhance their products and create new products for them. They are always working for new technologies and trying to come up with new innovated products. Future Challenges: The way they are capturing the markets and innovating new technologies for the military, they have surely made them loyal towards them with their promising reduce value. The backing they are getting from military has a substantial part charge, rather they should reduce the amount of taxes for them as they are serving the military of that country. Economical Analysis: Determining the current position of a country in the global market is as necessary as to see whether the country falls under developed or developing nations, then economic factors of the country is one of the main factors that should be considered. This is the factor which we can relate with the current economic condition of the company. Past Factors: Sales of Telexed Canada is now at the peak according to them. Telexs products are innovative, are of high quality and add value to their customers. However, one of Telexs primary weaknesses was its products were focused on the marine pleasure craft industry which was heavily tied to the economy, and its ups and downs. Present Fatsos: The marine pleasure craft industry is dependent on the economy. When the economy is good people have disposable income to spend on luxury goods such as marine pleasure crafts and when the economy is in decline luxury goods such as boats are one of the first markets to feel the pressure. Future Challenges: Their way of inventing gives them the upper hand to earn more money by inventing a new product when no one else has done it. This was possible since they believed in creating identity and differentiate themselves from the rest of the corporation. Telexed Canada have acquired many companies so that they dont need to start something from the scratch which helps them to be profitable sooner and without any hassle. Economically the company is very strong and at this moment the company has a good amount of sales. If they can continue this service then the ales will increase at a higher rate in the future. They are always working on what they are going bring in the future. This gives them a upper hand in predicting the future economical condition of the company Social Analysis: It is important to understand the social factors of a country as it might help to find the loop holes to make the most out of it. Social factors inspect the social environment of the market, and measure determinants like cultural trends, demographics, population analytics etc. In the past, there were no such social factors that they had to deal with.

cause of American revolution essays

cause of American revolution essays At the end of the Seven Years war or the French and Indian War, England became in dept. The solution to this problem was to make the colonists pay. The English believed that should hold the responsibility of paying this burden because the war was fought for the colonists. Therefore, England passed a series of laws taxing these colonists. Little did England know that this act would lead the English and colonists pivoting to a revolution. One of the first acts passed imposing taxes on the colonies was the Stamp Act. This act required that stamps be affixed on all newspapers, broadsides, pamphlets, licenses, leases, or other legal documents. The tax were to be paid in sterling, which the colonists had very little of. It was difficult for the colonists to pay this some of money. After the Seven Years war, the colonists fell into economic depression. Those who did not pay this tax were tried in vice-admiralty courts without juries. The colonists were fearful this law since the judge will likely rule in favor of the English crown. The act mostly impacted those of the business class, including journalists, lawyers, and clergymen. Angry mobs gathered at residences of customs officials and displayed their opposition for the Stamp Act by destroying their homes. The mobs were composed of painters, distillers and other artisans. They called themselves the Loyal Nine. When these incidents became more common, a group of prominent men organized themselves into the Sons of Liberty. They wanted to demonstrate their enmity for the act in less violent ways. They gained much attention for their rallies. In the winter of 1765, representatives of Colonial legislatures gathered in New York to draft a petition repealing the Stamp Act. Soon some leading formed non- importation associations. Following the non-trade with England, trade fell dramatically in the colonies. Finally, in 1766, the stamp Act was repealed. The effects of non-i...

Theology 2 Essay Example | Topics and Well Written Essays - 1000 words

Theology 2 - Essay Example It is harder to keep the distinction between Catholic and Protestant, or between Christian and Jewish, between Judeo-Christian and such interests as the retrieval of Goddess religion, simply because there is so much shared among women, even in rite, beyond institutional divisions. In treating of sacrament, Anchor Bible Dictionary theology, as a form of liberation theology, is concerned with fundamental views of reality and with the shaping of views and practices by patriarchy. To elaborate a radically new way of thinking about and celebrating sacraments, it addresses the critique of ideologies, the retrieval of what has been hidden or submerged, the critique of language and ritual behavior, and praxis. Reutilization, participation, and observation belong together, precisely because Anchor Bible Dictionary theology’s trying not simply to understand what sacrament is or how it works, but to discover what it might become when freed from ideologies, opened to new inspiration, encompassing new experiences, and nourished by new memories. First, the concern is with ritual action and symbolic language that within communities revitalize the Christian tradition from a Anchor Bible Dictionary perspective and draw upon it even while drawing on other religious traditions. Second, while writers often treat of the Church in a comprehensive way and look to a future of celebration within communities of equal discipleship, there is a very particular locus of discourse that is Women-Church or a community of women giving voice and role to women. The foundations of reflective discourse are posited in creative ritual act, through what one might call the process of reutilization par excellence. Quite interestingly, most of the specific French contribution to an understanding of sacrament does not come from theological writings but from Anchor Bible Dictionarys, such as Julia Kristina, who are interested in religious expression as

International Business Law Coursework Example | Topics and Well Written Essays - 4000 words

International Business Law - Coursework Example ..he stands in any legal or equitable relation to the adventure or to any insurable property at risk therein, in consequence of which he may benefit by the safety or due arrival of insurable property, or may be prejudiced by its loss, or by damage thereto, or by the detention thereof, or may incur liability in respect thereof.6 Pursuant to Section 6(1) of the Marine Insurance Act, interest will attach when the insured has an interest in the â€Å"subject-matter insured at the time of the loss†.7 The interest need now exist at the time the insurance contract is formed.8 Therefore as long as the insured has an interest in the subject-matter at the time of the marine adventure, the insured is entitled to claim damages. It therefore follows that Linda has an insurable interest since the insurance contract was specifically underwritten to protect her against damages to her cargo. Since Linda’s insurance policy applies the Institute Cargo Clause A, â€Å"all risks of loss or damage to the subject-matter† is insured.9 All risks is a potentially broad phrase and can include any loss that the insured can prove was a result of an accident of an event without having to proves the particular of the accident of event resulting in the loss.10 It is sufficient for the insured to demonstrate on a balance of probabilities that the damages were a result of perils at sea that are not ordinarily experienced.11 This is important because all Cargo Clauses contain an exclusionary clause which prohibits recovery of damages in circumstances where damages are caused by ordinary perils at sea.12 Another feature of the Cargo Clause A as well as Cargo Clauses B and C is the transit clause. The transit clause covers all damages surrounding the voyage at sea which includes transfer from the warehouse, loading and all interim transport of the goods until they reach their final destination.13 Thus far, it would appear that Linda has full coverage since she adopted the Carg o Institute Clause A. However, there is one problem that might undermine, Linda’s ability to enforce the insurance contract. Clause A, like Clauses B and C contains a War Exclusion Clause and unless removed, Linda is bound by the War Exclusion Clause.14 When war clauses provide coverage in a marine insurance contract damages can be recovered for: War, civil war, insurrections, revolutions, rebellions, civil strife related to any of these situations, hostile episodes relative to a hostile authority. Capture, arrest, restraint, seizure, detention (relative to risks associated with war or categories of war) or attempts to commit any of these acts. Torpedoes, mines, bombs or other military weapons.15 Based on the facts for discussion it is uncertain whether or not Linda’s marine insurance policy specifically covers war and the incidents typically included when an exclusionary War Clause is deleted from the Institute Car

ASQ Agile v Waterfall Essay Example for Free

ASQ Agile v Waterfall Essay Waterfall vs. Agile Project Management Lisa Sieverts, PMP, PMI-ACP Phil Ailes, PMI-ACP Waterfall vs. Agile Project Management Agenda †¢ †¢ †¢ †¢ What is a Project Overview –†¯ Traditional Project Management –†¯ Agile Project Management The Differences –†¯ Product Life Cycle –†¯ The Teams –†¯ Requirements –†¯ WBS/Product Backlog –†¯ Schedule –†¯ Risk –†¯ Quality QA 2  ©Lisa Sieverts Phil Ailes 1 Waterfall vs. Agile Project Management What is a Project? †¢Ã¢â‚¬ ¯ Temporary †¢Ã¢â‚¬ ¯ Goal †¢Ã¢â‚¬ ¯ Constrained 3  ©Lisa Sieverts Phil Ailes Waterfall vs. Agile Project Management What makes projects special? †¢Ã¢â‚¬ ¯ Projects are characterized by uncertainty 4  ©Lisa Sieverts Phil Ailes 2 Waterfall vs. Agile Project Management Traditional Waterfall Projects †¢Ã¢â‚¬ ¯ Traditional Waterfall Projects –†¯ Dates from the end of WWII –†¯ Grew out of Defense industry –†¯ Based on Deming Cycle of Plan-Do-Check-Act –†¯ Emphasizes heavy up-front analysis –†¯ Lots of documentation –†¯ PMBOK versions 1-4  ©Lisa Sieverts Phil Ailes Waterfall vs. Agile Project Management Traditional Waterfall Project High Medium Requirements Low Optional High Design Medium Low Optional High Development Medium Low Optional High Testing Medium Low Optional High Deploy Medium Low Optional 6  ©Lisa Sieverts Phil Ailes 3 Waterfall vs. Agile Project Management Waterfall Advantages 7  ©Lisa Sieverts Phil Ailes Waterfall vs. Agile Project Management Waterfall Advantages †¢Ã¢â‚¬ ¯ Established Processes- Project Management Body of Knowledge †¢Ã¢â‚¬ ¯ Management Controls †¢Ã¢â‚¬ ¯ (Apparent) Predictability †¢Ã¢â‚¬ ¯ Great for low uncertainty/high dependency projects –†¯ Construction –†¯ Update of established product –†¯ Maintenance projects 8  ©Lisa Sieverts Phil Ailes 4 Waterfall vs. Agile Project Management Waterfall Disadvantages 9  ©Lisa Sieverts Phil Ailes Waterfall vs. Agile Project Management Waterfall Disadvantages †¢Ã¢â‚¬ ¯ Sometimes is more about the Process than the Product †¢Ã¢â‚¬ ¯ Keeps the customer at bay – by the time they see the end results it may be too late †¢Ã¢â‚¬ ¯ Project teams often become rigid and resistant to change: â€Å"Those darn users keep changing their minds.† †¢Ã¢â‚¬ ¯ Long product development time 10  ©Lisa Sieverts Phil Ailes 5 Waterfall vs. Agile Project Management Agile Project Management †¢Ã¢â‚¬ ¯ The Agile Way –†¯ Experiments in the 1990s –†¯ Values self-organizing teams –†¯ No formal â€Å"project management† –†¯ Iterative approach –†¯ Flexible  ©Lisa Sieverts Phil Ailes Waterfall vs. Agile Project Management Manifesto †¢ The Agile Manifesto for Software Development –†¯ â€Å"We are uncovering better ways of developing software by doing it and helping others do it. Through this work we have come to value: †¢Ã¢â‚¬ ¯ Individuals and interactions over processes and tools †¢Ã¢â‚¬ ¯ Working software over comprehensive documentation †¢Ã¢â‚¬ ¯ Customer collaboration over contract negotiation †¢Ã¢â‚¬ ¯ Responding to change over following a plan –†¯ That is, while there is value in the items on the right, we value the items on the left more.† 12  ©Lisa Sieverts Phil Ailes 6 Waterfall vs. Agile Project Management The Agile Way Sprints – High Priority Features Integrate Test Sprints – Low Priority Features Integrate Test Integrate Test Design Test Test Develop Integrate Test Demo Feedback Develop Requirements Test Test Develop Sprints – Optional Priority Features Demo Feedback Requirements Design Test Design Test Demo Feedback Develop Requirements Test Demo Feedback Requirements Design Test Sprints – Medium Priority Features 13  ©Lisa Sieverts Phil Ailes Waterfall vs. Agile Project Management Agile Advantages 14  ©Lisa Sieverts Phil Ailes 7 Waterfall vs. Agile Project Management Agile Advantages †¢Ã¢â‚¬ ¯ Shorter development cycles †¢Ã¢â‚¬ ¯ Customer participates, providing direct feedback †¢Ã¢â‚¬ ¯ Team-ownership – developers, testers, analysts and customers work together †¢Ã¢â‚¬ ¯ Process encourages and easily adapts to change †¢Ã¢â‚¬ ¯ Improved quality because testing is continuous 15  ©Lisa Sieverts Phil Ailes Waterfall vs. Agile Project Management Agile Disadvantages 16  ©Lisa Sieverts Phil Ailes 8 Waterfall vs. Agile Project Management Agile Disadvantages †¢Ã¢â‚¬ ¯ Lack of established processes †¢Ã¢â‚¬ ¯ Management resistance to change †¢Ã¢â‚¬ ¯ Reduced (apparent) predictability †¢Ã¢â‚¬ ¯ Requires culture change †¢Ã¢â‚¬ ¯ It’s new – there isn’t a lot to draw upon 17  ©Lisa Sieverts Phil Ailes Waterfall vs. Agile Project Management Project Life Cycle †¢Ã¢â‚¬ ¯ Traditional: waterfall –†¯Initiate –†¯Plan –†¯Define –†¯Design –†¯Build –†¯Test †¢Ã¢â‚¬ ¯ Agile Projects: iterative –†¯Envision –†¯Speculate –†¯Explore –†¯Adapt –†¯Close –†¯Repeat as necessary 18  ©Lisa Sieverts Phil Ailes 9 Waterfall vs. Agile Project Management The Team †¢Ã¢â‚¬ ¯ Waterfall –†¯Sponsor –†¯Product Manager –†¯Project Manager –†¯The Team – defined roles †¢Ã¢â‚¬ ¯ Agile –†¯Sponsor –†¯Product Owner –†¯Scrum Master –†¯The Team – variable roles 19  ©Lisa Sieverts Phil Ailes Waterfall vs. Agile Project Management The Requirements †¢Ã¢â‚¬ ¯ Waterfall –†¯ Large Document –†¯ Formal, based on analysis –†¯ Performed by Business Analyst –†¯ Completed before any development begins †¢Ã¢â‚¬ ¯ Agile –†¯ Small Index Cards –†¯ User Stories, based on conversation –†¯ Performed by the Product Owner –†¯ Completed â€Å"just in time† 20  ©Lisa Sieverts Phil Ailes 10 Waterfall vs. Agile Project Management The Foundation Documents †¢ Waterfall –†¯ Work Breakdown Structure 100 % of Scope 21  ©Lisa Sieverts Phil Ailes Waterfall vs. Agile Project Management The Foundation Documents †¢ Agile –†¯ The Product Backlog Roman Pichler, Agile Product Management 22  ©Lisa Sieverts Phil Ailes 11 Waterfall vs. Agile Project Management The Schedule †¢Ã¢â‚¬ ¯ Waterfall –†¯ Built before work begins –†¯ End date is often †¢Ã¢â‚¬ ¯ Agile –†¯ Rebuilt every sprint –†¯ End date evolves based on team velocity –†¯ Focused on nearterm accuracy –†¯ Emphasizes regular delivery of working features predetermined –†¯ Strives to predict the future –†¯ Emphasizes delivery of the entire product 23  ©Lisa Sieverts Phil Ailes Waterfall vs. Agile Project Management Risk †¢Ã¢â‚¬ ¯ Waterfall –†¯ Inherently high-risk based on long product cycles –†¯ Emphasizes the ability to predict the future –†¯ Risk Register †¢Ã¢â‚¬ ¯ Agile –†¯ Inherently low-risk based on customer feedback –†¯ Emphasizes adaptation to changing environment –†¯ Risk Register 24  ©Lisa Sieverts Phil Ailes 12 Waterfall vs. Agile Project Management Quality †¢Ã¢â‚¬ ¯ Waterfall –†¯ Testing is at the end †¢Ã¢â‚¬ ¯ Agile –†¯ Testing begins before development of the project –†¯ Testers work separately from developers –†¯ User Acceptance occurs at the end of the project –†¯ Testers and developers work together simultaneously –†¯ User Acceptance occurs at end of every sprint 25  ©Lisa Sieverts Phil Ailes Waterfall vs. Agile Project Management What’s Different? †¢Ã¢â‚¬ ¯ Waterfall –†¯ Plan all in advance –†¯ Work Breakdown Structure –†¯ Functional specs –†¯ Gantt chart –†¯ Status reports –†¯ Deliver at the end –†¯ Learn at the end –†¯ Follow the plan –†¯ Manage tasks †¢Ã¢â‚¬ ¯ Agile –†¯ Plan as you go –†¯ Product Backlog –†¯ User stories –†¯ Release plan –†¯ Story boards –†¯ Deliver as you go –†¯ Learn every sprint –†¯ Adapt everything –†¯ Team ownership 26  ©Lisa Sieverts Phil Ailes 13 Waterfall vs. Agile Project Management Summary †¢Ã¢â‚¬ ¯ Both Waterfall and Agile have the same goals: –†¯ Delivering a well- tested product that satisfies the customer within an efficient time frame that doesn’t leave the team worn out 27  ©Lisa Sieverts Phil Ailes Waterfall vs. Agile Project Management Questions 28  ©Lisa Sieverts Phil Ailes 14 Waterfall vs. Agile Project Management Thank You 29  ©Lisa Sieverts Phil Ailes Waterfall vs. Agile Project Management Contact Us †¢Ã¢â‚¬ ¯ Lisa Sieverts –†¯ Facilitated Change –†¯ www.lisasieverts.com –†¯ 603.762.0235 †¢Ã¢â‚¬ ¯ Phil Ailes –†¯ Ailes Consulting –†¯ www.ailes-consulting.com –†¯ 603.903.7051 30  ©Lisa Sieverts Phil Ailes 15

Significance Of The Berlin Wall Essay -- European History Cold War

Significance of The Berlin Wall The Berlin Wall, built in August of 1961, was s physical symbol of the political and emotional divisions of Germany. The Wall was built because of a long lasting suspicion between the Soviet Union on one side and Western Europe and the United States on the other. For 28 years the Berlin Wall separated friends, families, and a nation. After WWII was over Germany was divided into four parts. The United States, Great Britain, and France controlled the three divisions that were formed in the Western half and the Eastern half was controlled by the Soviet Republic. The Western sections eventually united to make a federal republic, while the Eastern half became communist. Even though Berlin lay deep within the Soviet sector, the Allies thought it would be the best to divide this capital. Therefore Berlin was also divided into four parts. Since the Soviet Union was in control of the eastern half of Germany, they made East Berlin the capital of East Germany. The other three counties were each in control of a small part of what was to be West Germany. The Allies decided that they would come together to form one country out of their three divided parts. Those three divided parts formed West Germany. After all the land was divided the Soviet Union controlled East Germany. Just like the Soviet Union, the economy in East Germany was struggling to get back on its feet after the war. While West Berlin became a lively urban area like many American cities, East Berlin became what many thought of as a ‘Mini-Moscow’. In East Germany there was literary almost nothing. The shelves in the stores were practically bare, and what was there was not in very g ood quality. At first, the divisions between East and West Berlin were uncertain. There was nothing that divided the city. For more than ten years after the official split of the city, East Berlin saw a major emigration of East Germans, unhappy with the communist system. With nothing physical to separate East and West Berlin, migration from totalitarianism to democracy was as easy for East Berliners as changing houses. The Soviet Union went against their promises to the people of East Germany, and made East Germany a Communist country. This decision by the Soviet Union separated East Germany even more from the rest of Europe. East Germany was now all by itself, and by the summer of 1952 th... ...y important that the bigger part is long gone, which is tearing down the physical wall. The one and last element that is left for German people is the wall in their minds. As it can be seen from discussion above, only time can bring together the true reunification of German People. With the time, there is very little to do but wait, however we can help by helping and educating each other so what happened in 1961 won’t be repeated by generations to come. In conclusion Berlin Wall was an important milestone in the growth of the Cold War. It was the expansion that represented the thinking of a determined Communist system. Western Capitalism, which was more powerful, eventually defeated the system. The massive wall that did so much harm to a country was finally destroyed, and the people of Germany could now live the way they all wanted to live. They could live the life of freedom. Since the fall of the Berlin Wall East Germany has went through a lot of changes, and it still is not easy for all of the people in East Germany. But no matter how hard it is for the people of East Germany now, it is better than being alone and separated from their families, friends and rest of Europe.

Analysis and Consequences of Legal Action(S) Essay

Analisis for successful lawsuit report Purpose Per your request, our legal team, courtesy of Legal Eagles, LLP, wishes to advise you regarding your tentative legal action against Mechanics National Bank (â€Å"National Bank†). As you alleged, National Bank was negligent in their failure to remove a lien on your Lagoon Beach property. Our legal team has assessed this and other concerns of your case. Outlined throughout this correspondence are conclusions we have made and recommendations we wish you consider. Before we proceed, we thank you for your trust and assure you nothing less than our highest-quality work. You have expressed to us your interest in recovering compensation for a failed entrepreneurial endeavor involving a hotel property, Hotel California. You also informed us that your acquisition of this property was dependent upon your securing financing through pledging a property you currently own as collateral. In a brief analysis of the facts of your case, we find you may successfully prove liability on the part of National Bank; however, this conclusion is not without concerns, particularly regarding your contract with the owner of Hotel California. This concern and other considerations for your case are also discussed in this correspondence. Factual Background Our notes of the essential facts of your case indicate the following: You sought the acquisition of an existing hotel property located in Palm Desert, Green. You contacted the hotel’s listing agent, Mr. Babak Gordon, and obtained preliminary data on the property, including financial statements of the hotel which you have provided us. On January 5, 2005, the hotel owner, Ms. Shirley Ramirez, Mr. Gordon, and you had a preliminary discussion regarding the purchase and sale of Hotel California. Ms. Ramirez offered to you by phone this property for $4.3 million, excluding the furniture, and the sale was to conclude following a 45 day escrow. On January 6, 2005, you faxed Ms. Ramirez a signed letter both indicating your acceptance of her offer and your preference that the transaction close following a 60 day escrow. Although you never received a reply or confirmation from Ms. Ramirez, on January 30, 2005, you obtained a financing commitment from Bank of the West. Their conditions we re that the bank would obtain a first priority lien on the hotel property along with an unrelated undeveloped parcel of land owned by you in Lagoon Beach, Green. As you have shared with us, you acquired this land in 1984 and had managed to pay off its mortgage on November 1, 2004. However, National Bank failed to remove its lien on the property. You vigorously attempted to get National Bank to remove its lien on this property. You contacted bank officers and explained to them that the lien needed to be removed so that you could pledge the property as collateral and finance your purchase of Hotel California. Because National Bank did not remove this lien, you were unable to finance the acquisition of Hotel California. You later bought a hotel property â€Å"similarly situated† and â€Å"virtually identical† to Hotel California for $4.7 million dollars. Issue From our analysis, we find as reasonable your decision to consider pursuing legal action against National Bank for damages. You have cited National Bank as negligent for failing to follow instructions regarding the removal of a lien from the title of your Lagoon Beach property. If you proceed further to trial, a court of law will try, whether by failing to remove its lien on your Lagoon Beach property, National Bank committed the tort of negligence. Because our analysis has also raised concerns regarding your contract with the owner of Hotel California, Ms. Shirley Ramirez, we must also inform you of a second issue a court of law is likely to try. If you proceed further to trial, a court of law will try whether a legally binding, enforceable contract exists (or existed) between Ms. Ramirez and you. Keep in mind that your legal action for damages may be predicated on whether there was a contract. Roadmap In addition to listing our conclusions, recommendations, and concerns throughout this correspondence, you will find that we have analyzed the likelihood for success of your legal action against National Bank. You have expressed your desire to recover damages for your lost opportunity involving the Hotel California property. For your convenience, a complete and careful analysis has been conducted and detailed throughout this correspondence. GROUNDS OF LIABILITY You have alleged that National Bank was negligent, and you intend to recover damages from National Bank. You will have the burden of proving the prima facie case for the tort of negligence. You must cite evidence and present arguments that support your allegation of National Bank’s negligence. To successfully fulfill your burden you must show that: * Duty: The defendant (National Bank) owed you (plaintiff) a duty of due care. * Breach of Duty: Defendant’s conduct breached that duty. * Actual and Proximate Cause: Actual and proximate causation between defendant’s breach and your (plaintiff’s) injury was present. * Injury: Injured party (you) sustained injury due to defendant’s actions. If you fail to prove these elements, National Bank’s legal team may motion to dismiss your case. In this event, it is possible that your case could then be dismissed without further proceedings. However, if you successfully prove and argue all four of these elements, you must also overcome any affirmative defenses, if applicable, raised by the defendant (National Bank). These defenses are contributory negligence and assumption of risk. From our initial analysis, National Bank will be unable to raise an affirmative defense on these grounds. We will fully assess whether there are on any other legal grounds defenses that National Bank can raise. (See Other Considerations.) Remedies for Negligence If you successfully prove National Bank’s liability, you may be entitled to recover compensatory or actual damages. The damages and compensatory award amounts are determined on a case-by-case basis by the jury or judge presiding over the case. We have included a potential award amount you may be entitled to and you will find a complete discussion on how this determination is made. (See ANALYSIS OF LIABILITY – Injury.) Statutes Governing Contract Law Because the secondary issue (See Issue) and one of our concerns regarding your case is regarding your contract with Ms. Ramirez, we have disclosed applicable information from both the Green Civil Code and our legal library pertaining to 1) offer and acceptance, 2) Green’s statute of frauds, and 3) Green’s â€Å"mirror image rule.† For your convenience, we have bolded and defined legal terminology that will be reiterated in later sections of this correspondence. Offer and Acceptance An offer is the important first step in the contract formation process. A party (offeror) who makes the offer gives another party (offeree) to whom the offer is made the power to bind both parties to a contract simply by accepting the offer. Not every proposal qualifies as an offer. To distinguish an offer, courts evaluate offers on three grounds: First, they look for some objective indication of a present intent to contract on the part of the offeror. Second, they look for specificity, or definiteness, in the terms of the alleged offer. Third, they look to see whether the alleged offer has been communicated to the offeree. An acceptance is â€Å"a manifestation of assent to the terms [of the offer] made by the offeree.† In determining if an offeree accepted an offer and created a contract, a court will look for evidence of three factors: (1) the offeree intended to enter the contract, (2) the offeree accepted on the terms proposed by the offeror, and (3) the offeree communicated his acceptance to the offeror. Statute of Frauds According to the Green Civil Code,  § 1624, any contract transferring an interest in land is invalid if not accompanied by â€Å"note or memorandum.† An unenforceable contract is one that meets the basic legal requirements for a contract, but may not be enforceable because of some other legal rule. A contract for which the statute of frauds requires a form of writing, yet no writing is made, may be declared an unenforceable contract. Mirror Image Rule The traditional contract law rule is that an acceptance must be the mirror image of the offer. Attempts by offerees to change the terms of the offer or to add new terms to it are treated as counteroffers because they indicate an intent by the offeree to reject the offer instead of being bound by its terms. Now that you have an understanding of the relevant law behind the tort of negligence and contracts, and are familiar with the legal terminology of these areas, we proceed into our analysis of the facts of your case and the prima facie case for the tort of negligence. ANALYSIS OF NATIONAL BANK’S LIABILITY Should you pursue further legal action against National Bank, you will have the burden of proving the elements of the prima facie case of the tort of negligence. Below are descriptions of these elements, accompanied by our legal analysis between the facts of the case, prima facie case, and case law from our legal library. Tort of Negligence In Commercial Escrow Company v. Rockport Rebel, Inc., negligence is defined as â€Å"conduct which falls below the standard established by law for the protection of others†. Because of the similarities in the facts between the case of Escrow Company and your case, this case has been used extensively in the forming of the following arguments. We recommend using this case in satisfying your burden for your legal action. Accordingly, you must argue that National Bank’s behavior in failing to remove the lien on your Lagoon Beach property fell below the standard for public protection established by law. Further, to successfully prove negligence, you must argue that National Bank is responsible for some injury you incurred stemming from their alleged mismanagement and failure to remove the lien on your property. With your notes, the facts of your case, and documents you provided us, we have constructed tentative arguments to determine the success of your legal action. You will find these arguments beginning on the next page. Duty According to the case, Commercial Escrow Company v. Rockport Rebel, Inc., â€Å"a defendant owes a duty of care to all foreseeable plaintiffs.† For example, in cases where a â€Å"[defendant] voluntarily assumes the duty to act by promising to the plaintiff to behave in a certain way,† the defendant owes that plaintiff a duty to act with care. According to Judge Utter, a â€Å"defendant also [owes] the plaintiff a duty of care where a contractual relationship between the parties requires the defendant to act in a certain way towards the plaintiff.† Considering these rules of law, National Bank owed you a duty to act as you requested. In your previous correspondence, you indicated that National Bank is â€Å"the lender on your Lagoon Beach property.† You also submitted to us a copy of your deed of trust. To reiterate â€Å"the language in the deed of trust† as part of your contractual relationship with National Bank, National Bank was supposed â€Å"to promptly record a reconveyance of its lien on [your] property upon payment in full of the underlying loan.† Because National Bank failed to do this, we find it foreseeable that you would be prevented from using the property as collateral for your hotel acquisition. Additionally, you also mentioned that you â€Å"vigorously attempted to get†¦ National Bank to remove its lien on [your] property, but to no avail† and despite â€Å"repeated assurances from various officers.† Because National Bank officers assured and essentially promised you that they would remove the lien on your property, National Bank voluntarily assumed a duty to you, if no duty had been present beforehand. In essence, the assurances made to you to process your request indicate that National Bank voluntarily assumed, and therefore owed you, a duty of due care to act as you requested. In light of these arguments, we assure you that you should successfully satisfy this first element – duty – of the prima facie case of the tort of negligence. Breach of Duty According to Commercial Escrow Company v. Rockport Rebel, Inc., in order for a plaintiff to prove negligence, the â€Å"plaintiff is required to show †¦that [the defendant] had breached [defendant’s] duty of care to the plaintiff.† In most cases, a defendant owes a plaintiff a duty to act as would a reasonable person under similar circumstances. In the case of Escrow Company, the Court found that â€Å"in performing services for a client, [the] escrow company has the duty to strictly follow instructions.† Like an escrow company, a financial institution like National Bank most likely has a duty to strictly follow instructions drafted in a deed of trust, or part of a loan or other financial instrument. Because officers on behalf of National Bank did not follow instructions and terms of behavior involving you (as lendee) and National Bank (as lender) detailed in your property’s deed of trust, you may successfully argue that National Bank breached its duty to you. According to our copy of your deed of trust you provided us, National Bank was required to â€Å"promptly record a reconveyance of its lien on the property upon payment in full of the underlying loan.† You had managed to pay off the mortgage on this property on November 1, 2004. Despite this, National Bank failed to remove its lien, even after you requested. Because officers at National Bank did not strictly follow this instruction, National Bank breached the duty of due care owed to you. Causation Satisfying the prima facie case for the tort of negligence also requires that a plaintiff prove that there is a connection (or actual causation) between the alleged breach of duty by defendant and injury suffered by plaintiff. As in the case of Commercial Escrow Company v. Rockport Rebel, Inc., courts assess the existence of a connection between breach and injury by determining whether injury would have occurred if not for breach. A court would employ a similar test in your case. Because National Bank failed to remove the lien on your property, you did not satisfy terms of the loan commitment with Bank of the West and could not secure financing for your acquisition of Hotel California. We find that there is a casual connection. Courts also evaluate the proximate cause (causation) between a defendant’s breach of duty and a subsequent injury suffered by a plaintiff. Proximate causation refers to whether the defendant’s breach of duty and subsequent injury suffered by the plaintiff was foreseeable. Because you vigorously attempted to have officers at National Bank remove its lien on your property and informed them that you needed the lien removed in order to pledge the property as collateral, we find that your injury of loss of opportunity to acquire the hotel property was foreseeable. Injury The final element you must prove to satisfy the prima facie case for the tort of negligence is whether you have suffered injury because of National Bank’s alleged negligence. Due to National Bank’s failure in removing the lien on your Lagoon Beach property, the transfer of ownership agreement of Hotel California between you and Ms. Ramirez allegedly collapsed. Later, you purchased a â€Å"similarly situated† and â€Å"virtually identical† hotel property for $4.7 million, $400,000 more than what you would have paid for Hotel California ($4.3 million). In essence, National Bank’s alleged negligence caused you to incur an opportunity cost of $400,000. This loss of opportunity is under the assumption that a valid, enforceable contract existed between you and Ms. Ramirez. SUMMARY Because National Bank breached its duty by failing to remove its lien on your property, you were unable to secure financing for a $4.3 million acquisition of Hotel California. However, you later purchased a â€Å"virtually identical† property for $4.7 million. You may be entitled to the difference. DEFENSES AGAINST LIABILTY In this portion of this report, we detailed any applicable defenses relevant to your case, and outlined other considerations and concerns we advise you to consider. Although we have found that affirmative defenses to National Bank’s negligence are inapplicable to the particular facts of your case, we have other concerns to discuss. Other Considerations It is the opinion of Legal Eagles, LLP, that National Bank may argue that regardless of whether it removed the lien on your Lagoon Beach property, indefinite would be the transfer of ownership of the hotel property from Ms. Ramirez to you. As our analysis showed, you may successfully prove that National Bank had a duty to remove the lien on your property and subsequently breached that duty by failing to adhere to this instruction. If the failure to remove the lien on your property can be proven to have caused you damage(s), we will advise you to pursue further legal against National Bank. But first we must evaluate the documents you provided us and later the validity of the binding contract between you and Ms. Ramirez. Analysis of Income We have completely revalued the hotel property, Hotel California you were interested in. We used the same method(s) and approaches that most banks in our region would use to appraise the value of hotel properties. The expected value approach places weights on appraisals from two methods. First, we multiplied the past two years’ average gross margin by four. This holds a weight of 40%, because it is expected to be accurate 40% of the time. The value we derived from this method came to $2,462,380.00. Next, we took the present value of the average of the past three years’ cash flows, discounted at an 8% discount rate for 10 years. This method holds a 60% weight. The value derived from this method comes to $2,505,589.13. Our final step is to assign the correct weight to each method and sum the two figures. We can therefore conclude that the Hotel California’s appraisal value is $2,488,305.48. In addition to this, it is acceptable for a company to sell what is known a s â€Å"goodwill.† That is why the listed price of 2.5 million dollars was overstated by $11,694.52. We know that the bank would only allow you to borrow up to the appraised value, $2,488,305.48, unless you either pay 25% of the purchase in cash, or pledge to the bank a first priority lien on the vacant land as collateral. We also know that the latter option was not possible, so we will consider the former. We conclude that 25% of the purchase price of $4.3 million is $1,075,000. Because you were able to only provide $500,000 in cash for a down payment, you did not meet the requirements to borrow more than $2,488,305.48 from the bank, without pledging the vacant land. Hypothetically, if you had decided to borrow $2,488,305.48 from the bank, plus your $500,000 down payment, you would have had $2,988,305.48. This amount still would not have been enough to purchase the Hotel California property offered at $4.3 million dollars. Consequently, we conclude that without pledging the vacant land as collateral, there was no way you could have borrowed enough money to make the purchase. Even though the appraised value was not enough for you to borrow a sufficient amount of money from Bank of the West, we believe the appraised amount you were given was not accurate. There are two reasons why we believe Desert Mirage Accounting should not have relied on the income statement and footnote provided by Ms. Ramirez’s accountant. The first problem lies in the way the accountant prepared the income statement. Mr. Babak Gordon calculated gross profit by taking revenue minus cost of revenue. This method is only used for retailers and manufacturing companies, whereas Hotel California is a service company. The second problem is the verifiability of the financial statements and reliability of the accountant. To be credible, financial statements must follow generally accepted accounting principles (GAAP). A financial statement that follows GAAP must be accompanied by a signed opinion letter. The letter can be in the form of: 1) Compilation letter 2) Review letter 3) Audit opinion Finally, this letter must be signed by a certified public accountant (CPA). Because the income statement of Hotel California does not come with any signed opinion letter, we cannot verify its accuracy. Therefore, Desert Mirage Accounting should not have relied on that income statement and footnote information to make the evaluation. In our initial observation of your case, we assumed National Bank’s failure to remove its lien from your Lagoon Beach property caused you to forfeit your opportunity to purchase the Hotel California property. As illustrated by our calculations above, you could not have financed the acquisition of Hotel California without pledging your Lagoon Beach property as collateral. However, after conducting a thorough analysis of your case, we regret to inform you that you may not be able to prove damages stemming from National Bank’s failure to remove its lien from your property. Even though National Bank may have breached its duty to you, National Ba nk could argue that your contract with Ms. Ramirez is invalid or unenforceable. In the event that you do not have a valid or enforceable contract, you are not legally entitled to the Hotel California property or other legal remedies. In essence, regardless of whether National Bank’s negligence can be proved, a transaction between Ms. Ramirez and you might not have occurred if a binding contract did not exist. We will clarify and explain this finding in the next section. Offer and Acceptance Analysis From our analysis, coupled with case law from our case library, we have found that there was no contractual arrangement between you and Ms. Ramirez. In arriving at this finding, we took into account the facts surrounding your case. There are key elements that prevent the institution of a contract, for the purchase of real estate, between you and Ms. Ramirez. In reaching this finding, we referred to the case of Cayetano J. Apablasa v. Merritt & Company from our case library. In this case, the Court evaluated a plaintiff’s action for damages resulting from an alleged breach of contract. This plaintiff’s action for damages depended on whether there was an existing contract. The Court found that â€Å"no reasonable construction of evidence† admitted a binding contract between the parties; and that the correspondence that was provided to the Court amounted to â€Å"nothing more than an offer that was never accepted.† In essence, at the conclusion of the plaintiff’s case, the Court’s judge â€Å"entered a judgment decreeing that no contract was entered into, existing, or was ever executed.† Similar to your case, in Cayetano v. Merritt, the initial reply to the offeror’s offer by the offeree did not constitute an acceptance, contrary to what the offeree had thought. The offeree had included a â€Å"proviso† in his perceived acceptance letter to the offeror. In light of this, the Court found that terms proposed in an offer â€Å"must be met exactly, precisely and unequivocally for its acceptance to result in the formation of a binding contract.† This decision supplements our discussing regarding Green’s â€Å"mirror image rule† below. (See Regarding Mirror Image Rule.) Additionally, the Court stated that â€Å"[t]he addition of any condition†¦ is tantamount to a rejection of the original offer and the making of a counteroffer.† In essence, the Court’s decision can be summarized by the following: â€Å"[w]here a person offers to do a definite thing and another introduces a new term into the acceptance, his answer is a mere expression of willingness to negotiate or is a counter proposal, and in neither case is there a contract; if it is a new proposal and it is not accepted it amounts to nothing.† Regarding Green’s Statute of Frauds A key element that is missing in the proof of a contract is that your agreement with Ms. Ramirez was not in writing. The Green Civil Code requires that in order for a contract involving the sale of real property, to be valid, the agreement must be in writing and signed by the party to be charged or by the party’s agent. In your situation, Ms. Ramirez made her initial offer orally over the phone and you replied by a signed fax. There was never a written offer or contract signed by Ms. Ramirez. Therefore, a court of law would most likely find the contract between you and Ms. Ramirez as unenforceable. Even if the alleged contract did not have to be in writing and could be enforceable, there are other additional concerns we have: Regarding the Mirror Image Rule In a situation, such as the one you were in, a proper acceptance must meet the â€Å"mirror image rule.† This rule states that in order for an offeree to properly accept an offer, the offeree must accept the exact offer that was established by the offerer. When reviewing your case, we found that you had intent to accept Ms. Ramirez’s offer, but in your attempt to accept the offer, you added a different term to the agreement. In her offer, Ms. Ramirez required that â€Å"[t]he sale was to conclude following a 45-day escrow.† However, in your reply, you stated that you â€Å"would like to close escrow within 60 days.† A court of law would find that by changing the terms of Ms. Ramirez’s offer, you fail to meet the â€Å"mirror image rule,† and therefore terminated Ms. Ramirez’s initial offer and proposed a counteroffer. Documents you provided us detailing your correspondence with Ms. Ramirez indicate no communication on her part in accepting your counteroffer. Summary We must mention that had there been a contract between Ms. Ramirez and you, you may have been the subject of legal action by Ms. Ramirez. If we assume there was an actual contract between Ms. Ramirez and you with either the 45 day or 60 day escrow term, Ms. Ramirez could have pursued legal action and you could be liable for having breached your contract for your failure to deliver on your promise. You entered into the alleged contract with Ms. Ramirez on January 6, 2005. Regardless of whether there was an agreement for a 45 day escrow or a 60 day escrow term, you failed to secure financing in either time frame. Approximately 80 days after entering the alleged contract with Ms. Ramirez, on March 28, 2005, you contacted Ms. Ramirez to request an extension. The fact that you have no pending legal action brought by Ms. Ramirez may suggest that Ms. Ramirez did not view the arrangement with you as a binding contract. We reiterate that neither party had a binding, enforceable contract. CONCLUSION Ms. Warren, we regret to inform you that success with your legal action is unlikely. There is a high chance you will be unsuccessful, should you purse a legal action against National Bank on the grounds of the tort of negligence. National Bank failed to remove the lien on your Lagoon Beach property, violating the duty of due care owed to you, and disrupting your ability to secure financing for your entrepreneurial endeavor. However, the question of law of whether there was a valid, enforceable contract between you and Ms. Ramirez, is the decisive issue. As our analysis has indicated, a court of law will most likely try the issue of whether there was a binding contract. Thus without the binding contract between you and Ms. Ramirez involving her offer for the hotel (Hotel California), a judge or jury in a court of law cannot rely on how much you would have paid to make a compensatory damages determination. In other words, because your action for damages is predicated on a contract between you and Ms. Ramirez, your damages cannot be established and you incurred no loss of opportunity. Without the loss of this opportunity cost, you have not suffered any injury due in part to National Bank’s negligence. RECOMMENDATIONS Ms. Warren, as Associate Partner of Legal Eagles, LLP, I oversaw the analysis of my legal team and validated their conclusions and findings. In light of the findings of our analysis, I foremost recommend that you consider the following course of action: * Please, do not pursue further legal action against National Bank regarding this cause of action and issue. It is my opinion and the opinion of Legal Eagles, LLP, that pursuing further legal action regarding this issue, considering our evaluation of your case, will result only in additional expense on your part including legal and attorney fees and your time. You will also not receive the resolution that you would like making the process inherently dissatisfying and frustrating. With this in mind, there is another course of action I do recommend. Because you have already attempted to resolve your issue with National Bank regarding the lien on your Lagoon Beach, Green property, you are entitled to contact the regulatory agency of your former bank. All national banks within the state of Green are regulated by different agencies. If National Bank’s lien remains on your property, I recommend you pursue this alternate course of action: * Contact the appropriate state of Green regulatory agency of your financial institution (National Bank) and file a complaint. Your bank’s regulatory agency can help you with your concerns and complaints. There are many regulatory agencies in the state of Green’s banking industry. For your convenience, the appropriate regulatory agency of your former bank, and its details have been listed: According to the Federal Financial Institutions Examinations Council (for additional information visit www.ffiec.gov), National Bank’s regulator is the Office of the Comptroller of the Currency (for additional information please visit www.helpwithmybank.gov). You can visit and reach this regulatory agency online or by phone at (800) 613-6743. The Office of the Comptroller will assist you in getting answers and solutions to your questions and concerns. You can also file complaints against your bank, here. If you decide to proceed with filing a complaint, officials from the Office of the Comptroller will contact National Bank on your behalf regarding your issue for a response. You will then receive a let ter summarizing the results. Those who have sought our legal advice and even had similar experiences as you with National Bank as well have reported that intervention by a regulatory agency expedited the process and liens were eventually removed. We are confident that you have the tools to resolve this issue. LEGAL EAGLES, LLP ——————————————– [ 1 ]. The elements of the prima facie case of the tort of negligence are duty, breach of duty, actual and proximate cause, and injury. [ 2 ]. COMMERCIAL ESCROW COMPANY AND JAMES DE MIK, APPELLANTS, v. ROCKPORT REBEL, INC., APPELLEE. 778 S.W.2d 532; 1989 Tex. App. LEXIS 2263 [ 3 ]. CAYETANO J. APABLASA, Appellant, v. MERRITT & COMPANY (a Corporation) et al., Respondents. 176 Cal. App. 2d 719; 1 Cal. Rptr. 500; 1959 Cal. App. LEXIS 1542