Real Property Market Essay Example | Topics and Well Written Essays - 1500 words

Real Property Market - Essay Example The Centerpoint Properties in the Chicago area and AIG Global Red Estate Investment in New York was involved in an Atlanta development wherein a century-old steel mill covering more than 130 acres of prime downtown property was converted to mixed-use consisting of retail, office, and residential development. The US Environmental Protection Agency (EPA) has designated the project for its excellence in leadership program since it encourages pedestrian traffic to and from the various uses, and its proximity to mass transit will limit traffic congestion. (Rising, 2001) The third contribution of the real estate industry is its promotion of energy conservation. Residential and commercial buildings account for more than one-third of total U.S. energy consumption. Working with the Environmental Protection Agency and the US Department of Energy, these leaders developed a program that recognizes commercial buildings which meet strict energy and environmental criteria that place them in the top 25% of all comparable buildings. The first 100 buildings to earn the Federal government's Energy Star rating were awarded in 2000. The Federal Energy Star Building Label program has been successful. The program served as an incentive for companies to build or renovate as many Energy Star buildings as possible. Arden and Equity Office Properties have in their respective portfolios more than half the buildings that have earned Federal Energy Stars nationwide. By making energy-efficiency investments in their buildings, these and other companies have experienced impor tant energy savings that accrue to their tenants and make the overall buildings more valuable. The environmental advantages of building multi-unit residences lie in the opportunities to share spaces and functions. This form of sharing reduces one's footprint because it reduces one's overall consumption. For example, every family need not have its own exercise and laundry facilities. (Paehlke, 2004) Another benefit is the social advantages of living in a community with spaces and things in common. Great architectural design which respects that yearning for privacy is also capable of bringing community residents together in shared gardens and playgrounds. (Ratcliffe, 2001) Real estate developers focus on location as it has an impact on price, profit and value. Proximity to employment, schools, shopping and entertainment are important. Hence, the more people that live in proximity to essential services, the more compact and vital the city, and the greater the opportunity for sustainable behaviour such as public transit use. (Ball, et.al., 1998) When proximity is high, more people are can use the transit, walk and cycle. Jeffrey Kenworthy and Peter Newman (1998) showed that there is a direct and consistent correlation between the compactness of cities and the proportion of people deciding to use public transit. The European cities such as Paris, Munich and London which have overall employment and residential densities that are higher than Chicago and New York record double the transit use and half the automobile use. Their studies have shown that when proximity is high, automobile use is low. Compact urban design as in the High Park areas in Toronto or the West End in Vancouver makes sense, both economically and

THE GLOBAL ECONOMY AND ITS IMPACT ON HUMAN HEALTH Essay

THE GLOBAL ECONOMY AND ITS IMPACT ON HUMAN HEALTH - Essay Example Outbreaks of major diseases have been handled appropriately as drug companies and governments are able to transport medical supplies and experts within the shortest time possible due to globalization. In the United States, the relationship between globalization and human health is a very complex one as it has both positive and the negative side. This relationship which is described as an inexorable force, need to be understood and developed for the well-being of all human beings. The increased knowledge and new technologies in the United States has greatly improved the surveillance of infectious diseases and the monitoring of antibiotic resistance. The country has a major influx of both legal and illegal immigrants from different parts of the world due to globalization. It has greatly increased the country’s ability to respond to disease emergency cases in other parts of the world. During the outbreak of Severe Acute Respiratory Syndrome (S.A.R.S) in China, the United States had to take a stern measures so as to ensure that the deadly disease did not spread into the country. They issued travel advisories and close monitoring of its borders. Health care provision in the United States is mainly offered by many firms and organizations in both private and public sectors. Close to 21% of the health care services is offered by the government while 58% of the of the health care institutions are held by non-profit making community based organizations while the remaining percentage is for profit-making. The expenditure on health care by the United States accounted to 17.2% of the total Gross Domestic Product in the year 2011 (OECD, 2005). The United States per capita national expenditures on health care in the year 2013 amounted to $ 9,255 while the total national health expenditures was $ 2.9 trillion. In Mexico, health

Unit 2 Assignment Exploring the 1960s Research Paper

Unit 2 Assignment Exploring the 1960s - Research Paper Example It ended with the disintegration of the Soviet Republic and dynamics of the world war being slightly modified by end of it (Gaddis, 2011). Though the cold war might well have ended two decades ago, yet the seeds sown back then are showing their impact in different forms. A prime example in this case can be the Mujahedeen that were nurtured by the Americans against the Soviet Socialists, became their own enemies; as a result America had to go to War in Afghanistan against them. Various other countries have turned rebellious due to the cold war and have made America insecure in many aspects. Other threats posed to the American nation as a whole include the bitter feeling that is left in the hearts of the then Soviet Socialists and present day Russia. They were humiliated at the end of it and their entire empire came down (Craig & Logevall, 2009). In terms of protection for the family, vigilance is the word; each member of the family should know their responsibilities. The threats faced immediately after cold war were the nuclear arsenal being possessed by the disintegrated soviet republic. That threat has vaporized to a large extent. While in public they should be cautious and should report and notice anything suspicious. Besides this the onus falls upon the government to protect the citizens from any kind of vulnerabilities that might exist in the surroundings (Tuttle, 1993). The cold war that lasted from 1950s to 1990s set up new paradigms for times ahead. What we see today is largely because of the cold war that established its roots deep into various countries political operations and foreign affairs. The end of cold war resulted in total submission and defeat of one of the power and left alone capitalist power United States to dictate terms in future. The then U.S.S.R has gone on back foot after being humbled at end of the war. The Berlin wall was another event which marked the end of cold war after the U.S.S.R

Abbey policy holders Essay Example for Free

Abbey policy holders Essay But the massive loss suffered by Abbey in 2003 has affected shareholders. At a time where other banks are making record profits (Royal Bank of Scotland recorded 6.2 billion profit before tax9), the Abbey shareholders may not even receive any spare capital that has came from the sale of assets in the wholesale bank. As Abbey sold off over 80 per cent of the assets of the wholesale bank, analysts were hoping that Abbey could return between 1.2bn and 1.5bn to investors via a special dividend or share buy back. However, the chief executive of Abbey, Luqman Arnold was said to be increasingly cautious about the amount of cash that would be released due to regulatory changes. Whether or not this will affect the position of the shareholders is still unknown. Customers are an important group of stakeholders for Abbey. They are outside stakeholders. Communicating with them is a vital part of Abbeys strategic plan. They do this by advertising on various mediums, (television, radio, etc). This has proved successful in the past, as Abbey have won various awards for their Plain English approach. This strategy of not using banking terminology was very successful. However, should customers not be satisfied, there is also a customer relations unit available to help solve disputes. But a recent development regarding profits has upset many customers. For the second year in a row, those customers with a with-profits policy will not receive their annual bonus. There will also be higher exit penalties for those who choose to leave the with-profit policy, which could reach up to 10 per cent. This affects nearly 400.000 of Abbey policy holders.  According to Abbeys employee report Employee involvement and effective communication remain vital to {our} success. 10 There are various means of communication, from an intranet site, to a quarterly magazine (abbeyview). There are a growing amount of concerns among the staff in Abbey however, in the amount of job losses that are occurring within the organisation. As part of their return to traditional banking, Abbey has been cutting a vast number of jobs, many in the fund management sector. Many jobs have gone abroad to India. This has caused conflict not only amongst employees, but among the general public also, who are outside stakeholders of Abbey also. They see it as downsizing and taking jobs away from Britain. Recently, eight executive directors of Abbey have been paid à ¯Ã‚ ¿Ã‚ ½2.8 million made up of cash bonuses and shares between them, at a time when the company has suffered massive losses. The banks staff got an average of about six percent of their salary as a bonus last year, which was a rise of two percent from a year earlier. A member of the ANGU, (Abbey National General Union) said Staff were very pleased with the bonus that was paid out in a difficult year. However, in light of what management received it wasnt very much. This could lead to further problems in the future. Conclusion Abbey are still in the middle of a three year turnaround, so are asking their stakeholders to bear with them. But with the massive losses, and the seeming disregard for employees, shareholders and customers alike, they may find that it will take longer than three years to have their strategy.

Sales Management Essay Example for Free

Sales Management Essay â€Å"It is any tension which is experienced when one person perceives that one’s needs or desire are likely to be thwarted or frustrated.† Eollett simply defines Conflict as, â€Å"the appearance of difference of opinions, of interest†. Features:– 1. Conflict occurs when individuals are not able to choose among the available alternatives courses of actions. 2. Conflict between two individuals implies that they have conflicting perceptions, values and goals. 3. Conflict is a dynamic process as it indicates a series of events. Each conflict is made up of a series of interlocking conflict episodes. 4. Conflict must be perceived by the parties to it. If no one is aware of a conflict, then it is generally agreed that no conflict exists. LEVELS OF CONFLICT 1. INTRA-PERSONAL CONFLICT: Some conflicts that affect behavior in organizations involve the individual alone. It can be of three of types:  (a) Approach-approach conflict: It occurs when a person must choose between two positive and equally attractive alternatives. An example has to choose between a valued promotion in the organization or a desirable new job with another firm. (b) Avoidance-avoidance conflict: It occurs when a person must choose between two negative and equally unattractive alternatives. An example is being asked either to accept a job transfer to another town in an undesirable location or to have one’s employment with an organization terminated. (c) Approach-avoidance conflict: It occurs when a person must describe to do something that has both positive and negative consequences. An example is being offered a higher paying job whose responsibilities entail unwanted demand on one’s personal time. 2. INTER-PERSONAL CONFLICT: It occurs between two or more individuals who are in opposition to one another. It may be substantive or emotional or both. 3. INTER-GROUP CONFLICT: It occurs among members of different teams or groups. 4. INTER-ORGANIZATIONAL CONFLICT: It occurs as the competition and rivalry that characterizes firms operating in the same markets. CONFLICT PROCESS The process of conflict management has the following steps:– STAGE 1 :– POTENTIAL OPPOSITION OR INCOMPATIBILITY This stage concludes the conditions that create opportunities for conflict to arise. The conditions are as follows: 1. Communication :– Communication becomes a source of conflict due to semantic difficulties, misunderstandings, and â€Å"noise† (distortion) in the communication channels. 2. Structure :– The term structure includes variables such as size, degree of specialization, jurisdictional clarity, member-goal compatibility, leadership styles, reward systems, and the degree of dependence. 3. Personal Variables: – Personal Variables include individual value systems and personality characteristics. Certain personality types lead to potential conflict. STAGE 2 :– COGNITION AND PERSONALIZATION Antecedent conditions lead to conflict only when the parties are affected by and aware of it. Conflict is personalized when it is felt and when individuals become emotionally involved. STAGE 3 :– INTENTIONS The primary conflict-handling intentions are represented as follows:– 1.Cooperativeness :– â€Å"the degree to which one party attempts to satisfy the other party’s concern.† 2. Assertiveness: – â€Å"the degree to which one party attempts to satisfy his or her own concerns.† 3. Competing :– When one person seeks to satisfy his or her own interests, regardless of the impact on the other parties to the conflict. 4. Collaborating :– When the parties to conflict each desire to fully satisfy the concerns of all parties. 5. Avoiding: – A person may recognize that a conflict exists and want to withdraw from it or suppress it. 6. Accommodating: – When one party seeks to appease an opponent, that party is willing to be self-sacrificing. 7. Compromising: – When each party to the conflict seeks to give up something, sharing occurs, resulting in a compromised outcome. STAGE 4 :– BEHAVIOUR The behavior stage includes the statements, actions and reactions made by the conflicting parties. This conflict behavior s are usually overt attempts to implement each party’s intentions. STAGE 5 :– OUTCOMES Outcome may be functional—improving group performance or dysfunctional. Functional Outcomes are: 1. Improves the quality of decisions 2. Stimulates creativity and innovation. 3. Encourages interest. 4. Provides the medium through which problems can be solved and tensions released. Dysfunctional Outcomes are: 1. Undesirable consequences include a retarding of communications. 2. Reductions in group cohesiveness. CONFLICT MANAGEMENT APPROACHES These are two types of conflict management approaches Direct Conflict management approaches There are five approaches to direct conflict management. They are based on the relative emphasis on cooperativeness and assertiveness in the relationship between the conflicting parties. They are as follows: 1. Avoidance 2. Accommodation 3. Compromise 4. Competition 5. Collaboration Indirect Conflict management approaches It includes reduced interdependence, appeals to common goals, hierarchical referral and alterations in the use of scripts. Hierarchical referral means conflicts are reported to the senior levels to solve.

The Term Comparative Advertising Marketing Essay

The Term Comparative Advertising Marketing Essay In the liberalized Indian economy, as entry into production and services is no more a barrier, the thrust of competition has shifted to aggressive and vigorous promotion of products and services. These practices raise questions about truthfulness and fairness of representation of products and services. In a competitive environment, every representation of a product or service, is about what others are not. In this sense, a study of evolution of law on comparative representation can give us insights in the working of law and business in the liberalized-globalised economy. The question is not be whether a consumer has adequate remedies and protection against such unfair trade practices of a corporation but whether the warring corporations have adequate law against unfair trade practices, and a justice delivery system to have some rules of the game for competing among themselves  [1]  . The term comparative advertising refers to any form of advertising in which a trademark owner attempts to enjoy pecuniary benefits from a comparison between his product, service, or brand and that of a competitor. Comparative claims may vary in nature. They may explicitly name a competitor or implicitly refer to him. They may either emphasize the similarities or the differences between the products. They may also state that the advertised product is better than or as good as the competitors  [2]  . In simple words; comparative advertising is a form of advertising in which two or more brands of same generic products are compared in terms of one or more products or attributes. These advertisements are designed to highlight the advantages of the goods and services offered by the advertiser as compared to those of a competitor. Although, comparative advertisement has not been defined in the Indian statute, the UK Regulations define it as an advertisement which explicitly or by implic ation, identifies a competitor or goods or services offered by a competitor   [3]  . Comparative Advertising is also used in political campaigns, where it generates more counterarguments and fewer source derogations than negative political advertising does. This result may be due to the different styles of information processing that the two types of messages encourage. However, consumers exposed to negative political messages find them less useful for decision making and have more negative attitudes towards political campaigns than do consumers exposed to political advertising.  [4]   A survey of advertisements conducted in US reveals that there are three categories into which all advertisements fall  [5]  : 1. Non comparative advertisements that do not refer to a competing product either directly or indirectly. 2. Indirectly comparative advertisements that refers to a competing product in an indirect manner. 3.Directly comparative advertisements in which a competing product is specifically named or recognizably presented. Advertising falling into the last two categories could be referred to as comparative advertising. while in some countries one or both kinds of comparative advertisements are allowed, some countries do not allow either of the two kinds. Accordingly, the well known tag line in the UK(which allows both forms of comparative advertising with certain restrictions) in the advertisements for Carlsberg lager-Probably the best lager in the world, cannot be used in Germany(which does not allow comparative advertisement at all), as it would lead to an implication that all other lager are inferior to Carlsberg, thereby falling into the category of indirectly comparative advertisements.  [6]   Comparative advertising generally possesses two components, puffery and denigration. Puffery is where the advertiser seeks to draw the consumers attention by making superlative claims about his product that are assertions of opinion, rather than verifiable statements of fact. Often puffery crosses the limits of tolerance and seeks to portray the competing product in a negative light. The same is then said to amount to denigration, which the courts have strictly prohibited. Thus, the material question that often arises is to what extent comparative advertising may be restricted. The answer lies in developing a clear understanding of the conflicting interests of the various stakeholders involved, including the advertiser, the competitor and the consumer. The advertisers objective herein is to present his products in a manner such that the consumer is most likely to purchase it. On the other hand the competitor would always try to prevent any advertising that aims at denigrating his pro duct or makes false claims, or uses his product as a standard which the advertiser claims to exceed. The hapless consumer finds himself in the midst of a cacophony of claims, and has the right to be accurately informed about the quality or utility of the products available in the market.  [7]   STATUTORY PROVISION IN INDIA- The onus of regulating advertising in India has been assumed by a wide array of governmental authorities and tribunals, but presently there exists no dedicated statutory mechanism to regulate the dissemination of untruthful or disparaging material through such medium  [8]  . Primarily, matters related to untrue and misleading advertising were adjudicated upon by the Monopolies and Restrictive Trade Practices (MRTP) Commission, constituted under the Monopolies and Restrictive Trade Practices Act, 1969 (MRTP Act). The Act defined an unfair trade practice under section 36A to include any false representation of goods with regard to their quality, quantity or utility. The provision also incorporated the clause that a warranty or guarantee of performance or durability of the product, if not adequately substantiated, would amount to an unfair trade practice  [9]  . Further, to advertise a false or misleading fact disparaging the goods, services or trade of another person too was br ought within the ambit of the same  [10]  . However, the MRTP Act was subsequently repealed by virtue of section 66 of the Competition Act, 2002. The Monopolies and Restrictive Trade Practices Commission, with reference to intensifying competition in the post-liberalised India, was describing a case before it as another legal battle between two multinational corporate giants making this Commission as a battlefield for the purpose  [11]  . The Trade Marks Act provides that a registered trademark is infringed by any advertising of that trade mark if such advertising takes unfair advantage and is contrary to honest practices in industrial or commercial matters, is detrimental to its distinctive character, or is against the reputation of the trade mark  [12]  . Section 30(1) of the same act provides an exception to the above rule stating that such advertisement would not amount to infringement if the use of such mark falls within purview of honest practices. This implies that honest practices are mandatory for comparative advertising without which it would amount to trademark infringement In the absence of an established statutory mechanism dedicated to the regulation of advertising, the industry itself has sought to develop a model for voluntary self-regulation in the form of the Advertising Standards Council of India (ASCI)  [13]  . The same is a non-statutory tribunal comprising an association of advertisers established in 1985. The ASCI position on the form and manner of comparative advertising has been laid out in Chapter IV of the bodys Code for Self Regulation in Advertising  [14]  . It is stated herein that advertisements containing comparisons with competing manufacturers and sellers are permissible in the interests of vigorous competition and free dissemination of information, subject to the following requirements being satisfied: a) It is clear what aspects of the advertisers product are being compared with what aspects of the competitors product. (b) The subject matter of comparison is not chosen in such a way as to confer an artificial advantage upon the advertiser or so as to suggest that a better bargain is offered than is truly the case. (c) The comparisons are factual, accurate and capable of substantiation. (d) There is no likelihood of the consumer being misled as a result of the comparison, whether about the product advertised or that with which it is compared. (e) The advertisement does not unfairly denigrate, attack or discredit other products, advertisers or advertisements, directly or by implication.  [15]   COMPARATIVE ADVERTISEMENT AND TRADEMARK INFRINGMENT In an era where the whole world is considered as one global village, trademarks play an important role to distinguish the products of one business house from another. Trademark can be defined as a mark or symbol which distinguishes one product from other product of similar nature  [16]  . Its aim is to identify the source of a product and to distinguish that product from product of similar nature. It lends individuality to a product which helps the customers to identify the product placed with products of similar kinds. Trade mark not only identifies the product of its origin but it also guaranties its unchanged quality and further helps to build a brand image by advertises the products. In a rat race to present their products as the best, companies adopt advertising techniques that make use of trademarks, trade names, and other trade symbols combining informational and persuasive elements. Not only has the use of their own trademark gained popularity also the use of their counte rparts trade mark is fast catching up. In Advertising and Public Interest  [17]  , Ralph Brown argues that trademarks by themselves were worthless to the public; the publics interest inhered in the ability of trade symbol to inform and prevent confusion. He further asserts that the legal protection surrounding trade mark should be driven by analysis of the degree to which advertising itself served public interest. The law on comparative advertising and product disparagement, in relation to trademarks, in India, is based upon the law as laid down in Irvings Yeast Vite Ltd v FA Horse-nail  [18]  . Section 29(8) of The Trademarks Act, 1999 enunciates situations, when the use of a trademark in advertising can constitute infringement. It says that any advertising which is not in accordance with honest practices; or is detrimental to the distinctive character, or to the repute of the mark, shall be an act constituting infringement. At the same time Section 30 (1) makes comparative advertising an exception, to acts constituting infringement under Section 29. It provides that any advertising which is in accordance with honest practices, and does not cause detriment to the distinctive character or to the repute of the trademark will be permissible and will not constitute infringement. CONSTITUTIONAL VIEW- Article 19 (1) (a) of the Constitution of India protects the right to freedom of speech and expression. It is very important for us to analyze article 19 (1) (a) of the Constitution in relation to comparative advertising. The freedom of speech and expression also has limitations but the same is restricted by imposing reasonable restrictions by the state under article 19 (2) of the Constitution  [19]  . Now the question is that whether the commercial speech can be protected under article 19 (1) (a) of the Constitution. In the case of Tata Press Ltd. vs Mahanagar Telephone Nigam Ltd.  [20]  , the Supreme Court held that commercial speech cannot be denied the protection of Article 19(1) (a) of the Constitution merely because the same is issued by businessmen. Court took a very wide interpretation of the Article 19(1) (a) of the Constitution Supreme Court held that advertising as a commercial speech has two facets. Advertising which is no more than a commercial transaction is, no netheless, dissemination of information regarding the product advertised. Public at large is benefited by the information made available through the advertisement. In a democratic economy, free flow of commercial information is indispensable. There cannot be honest and economical marketing by the public at large without being educated by the information disseminated through advertisements. The economic system in a democracy would be handicapped without there being freedom of commercial speech. Supreme Court also stated that the public at large has a right to receive the commercial speech. Article 19(1) (a) not only guarantees freedom of speech and expression; it also protects the rights of an individual to listen, read, and receive the said speech. So the Supreme Court held that a party has a right to advertise its product making commendation about its quality. Advertisement being a commercial speech which is a part of the freedom of speech is guaranteed under article 19(1). (a) of the Constitution and it can also be restricted under Article 19 (2) if it fulfils its elements. Court was of the view that publicity and advertisement of ones product with purpose of boosting sales is a legitimate marketing strategy. Court has laid down various principles in deciding about the extent of comparative advertisement. Comparative advertising must compare products meeting the same needs or intended for the same purpose. Comparative advertising should explicitly or implicitly make clear what comparison is made. A case of disparagement arises only if product in question is identifiable. Comparison with another or ordinary product that does not allude to particular brand, cannot give rise to disparagement. For disparagement, a direct reference to competitive brand is not necessary. Even an indirect referencing that can identify a particular brand may lead to a case of disparagement. Comparative advertising should not mislead consumers about competitors product with which comparison is made. A manufacturer is entitled to make exaggerations like his goods are the best, or in puffing manner compare his goods with competitors, and the same even if untrue, will not give a clause of action to other manufacturers of similar product, unless in doing so the manufacturer says that his competitors goods are bad, or disparages and defame them. This makes clear that freedom of speech and expression does not permit defamation and it would be a little far-fetched to say that an advertiser has the liberty to disparage the product of his competitor without any check, under the grab of freedom of speech. The irony remains, that although it is one thing to say that your product is better than that of a rival and it is another thing to say that his product is inferior to your product, still while asserting the latter, the hidden message may be the former, but that is inevitable in the case of a comparison. While comparing two products, the advertised product will, but naturally, have to be shown as better.  [21]   Comparative Advertising-Consumers Perspective Comparative Advertising if seen in a consumer perspective it tells the difference between two goods in the market and tell the consumer why he should opt for the advertisers product.  [22]   One of the most effective methods for advertising a product is to compare it with competitive offerings. Side-by-side or A-B comparisons can provide prospective customers with compelling reasons to buy from the company. They can also help build credibility for its product. Subconsciously, the prospective customer says: Who would risk making a direct comparison if they didnt have something truly superior? Johnson and Johnson found this out the hard way when Proctor and Gamble introduced Whisper with a direct comparison of the various features that were new in their product as opposed to Carefree without once naming Carefree directly.  [23]   The comparison of goods and services provides more information and thus educates consumers in taking a better decision. The advertisers in India generally compare the prices that cater to the status appeal of the maximum populations as 30% of Indians live under the category of middle class which is the most growing consumer market and they are also benefitted with the comparative advertisements. From the research done in India and abroad regarding the consumer reactions to the comparative advertising, it is clear that it helps in informing customers on the comparative features of two competitive brands. It is an effective positioning tool as well.  [24]  Few advertisers view the comparative advertising as offensive but from the practical experience so far, it is an accepted fact that consumers are being benefitted by the comparative advertisements. In Indian market, as mentioned above there has been a sea-change after the introduction of LPG policies. Brands that were considered to be of very high quality with practically no competition have lost out to other international brands, with the opening up of our markets and with the increasing awareness of the consumers about the products. Comparative advertisement truly gives an opportunity to help consumers not only to decide on which product is better but also what is best suited for him.  [25]   Consumers generally do not observe quality before purchase. Prices cannot signal quality. The firms compete for customers by advertising their quality. We first analyze a pure disclosure framework. If a firm advertises, it discloses the truth; it cannot falsify as such. Compare two scenarios. In the first firms can only engage in non-comparative advertising, i.e., a firm may disclose its own quality but not the competitors. In the second scenario, the firms can also engage in comparative advertising. In both scenarios advertising is costly and firms may, therefore, choose to remain silent.  [26]   Some studies have questioned the effectiveness of comparative advertising. Swinyard found that when it is one-sided, comparative advertising loses credibility and generates sympathy for the brand being attacked.  [27]  A study by Ogilvy-Mather, a large ad agency, found that consumers frequently confuse the sponsor for the competitor in many comparative ads. Furthermore, there was no persuasiveness of comparative and non-comparative ads.  [28]  On the other hand, other studies have found that if the source is credible, comparative advertisement is effective. For example, Gotlieb and Sarel found that credible comparative ads were more likely to be notices and were more likely to influence intentions to buy the advertised brand compared with non comparative ads. They also found that credible comparative ads were particularly effective for new products. Swinyard found that credibility can best be achieved by making comparative ads two sided-that is, a comparative ad that names a competitor, cites some of the advantages of the comparative brand, and then points out the arguments for the advertised brand.  [29]   Marketers should also consider consumers goal when preparing comparative ads. Promotion-focused consumers, whose goal is to maximise their gains and positive consumers, will be more responsive to claims that Brand X is superior to Brand Y; prevention-focused consumers, who want to minimize their loss and risk, will be more sceptical of superiority claims and more responsive to claims that Brand X is similar or equivalent to Brand Y. Note that positively framed comparative messages(Brand X performs better than Brand Y) are more effective for promotion-focused consumers, whereas negatively framed messages(Brand Y has more problems than Brand X) are more effective for prevention-focused consumers. Positively framed comparative messages encourage more cognitive processing and prompt consumers to consider other brand information-sparking their buying intentions if the additional information supports the positive arguments.  [30]   But the comparative advertisement should extent to the limit that it misleads the consumer. Any misinformation will be prejudice to the consumers. Abuses in advertising can obviously have unfortunate effects on consumers ranging from money on item that did not live up to the standard, expectation, quality and effectively but results in hazardous accidents resulting from the misrepresentation of faulty goods.  [31]   Humour In Advertising  [32]   Marketers use humorous messages because they attract attention and because advertisers believe that humour can be persuasive. The use of humour in advertising has been increasing to the point where the majority of ads use humour. one reason is that a 2002 survey by Roper, a large marketing research firm, found that 85 percent of respondents said they like ads with humorous themes. There are pros and cons for the use of humour in advertising. On the positive side, humour is likely to increase attention and memorability. It is also likely to enhance the advertisers credibility. Humour may create a positive feeling towards the advertisers and increase the persuasiveness of the message. It may also distract consumers who use competitive products from developing arguments against the advertisers brand and may lead them to accept the message. Humour may also be considered inappropriate based on the economic and political climate. When is the use of humour most effective? Researchers have found that humour is most effective in gaining message acceptance- when consumers are not involved- because humour is peripheral to the message, it is more likely to influence consumers who are not involved with the product than those who are. for existing products- advertising new products require conveying information. Humour is a more effective means of establishing a mood than of conveying information. When consumers have a positive attitude towards the brand- humour can reinforce positive feelings towards a brand, but is unlikely to reverse negative feelings. Why Consumer Protection?  [33]   Consumer has no voice in the product which is manufactured for his consumption. It is very difficult to effectively organize consumers in country as vast as India. A majority of the population is illiterate and ignorant. Poverty, lack of education, lack of misinformation, traditional outlook of Indians to suffer in silence, considering poverty and misery as a god-given things-all these negative sides of our life have enabled unscrupulous businessman to exploit consumers in India. The march of science and technology has increased the difficulties of the consumer along with his opportunities of selection from a very wide variety of goods. JUDICIAL PRONOUNCEMENTS Indian Judiciary has defined certain limitations for comparative advertising. Certain cases discussed below will help us to clarify more on this term. The role of puffery as a facet of comparative advertising was substantively dealt with by an Indian court for the first time in Reckitt Colman of India Ltd. v. M.P. Ramchandran and Anr.  [34]  In the concerned matter, the plaintiff and defendant were manufacturers of clothing detergent brands Robin Blue and Ujala, respectively. It was contended by the plaintiff that the defendant, in its advertisement, had intentionally displayed a container that was similar to the one in which the plaintiffs product was sold, and in regard to which the plaintiff had a registered design. A further insinuation to the product of the plaintiff was in the fictitious product being priced at Rs. 10, which was known to be the price at which Robin Blue was sold. The advertisement went on to state that the said product Blue was uneconomical, and depicted that the same was a product of obsolete technology and hence ineffective. There was also an implication that the product failed to dissolve effectively in water, and hence damaged clothes by leaving blue patches on them. It was argued by the defendant that the bottle depicted in the advertisement did not bear any resemblance to Robin Blue, and that the object of the portrayal had been merely to assert the technological superiority of Ujala over other competing products. Hence, it was denied that there was any specific disparagement of Robin Blue in the concerned advertisement. In M. Balasundram v Jyothi Laboratories  [35]  , A television advertisement promoting Ujala liquid blue showed that 2-3 drops were adequate to bring striking whiteness of clothes while several spoons of other brands were required though no label of any other brand was shown. A lady holding a bottle of Ujala was looking down on another bottle and exclaiming chhi, chhi, chhi! in disgust. The manufacturers of Regaul, a competing brand, approached the MRTP Commission that the advertisement was disparaging its goods. The Commission was of the view that-a mere claim to superiority in the quality of ones product by itself is not sufficient to attract section 36(1)(x) of MRTP Act. In the advertisement, the bottle did not carry any label. Further, the bottle did not have similarity with bottle of any brand. The Commission, thus, was of the opinion that it could not be a case of disparagement of goods. On a different note decision given by the court in case of Hindustan Lever Limited v Colgate Palmolive (I) Limited  [36]  and Pepsi Co Inc v Hindustan Coca Cola Ltd  [37]  , where both Colgate and Hindustan Coca Cola Ltd liable for disparaging their competitors products, respectively. Even though in both advertisements the competitors product name could not be heard but could clearly be made out from lip movement. Such a method of circumventing the law was held to fall clearly within the ambit of disparagement. The courts further stated that any claims made in comparative advertisements must be backed by verifiable statistical data. Precedents like the one laid down in Dabur India Ltd. v. Emami Ltd  [38]  . could severely curtail the scope of comparative advertising. Jurisprudentially speaking, the concept of defamation has to be specific or individualized in nature  [39]  . In the present case, the courts seem to have overlooked this premise, as the courts ruling in the case laid down that even a reference to a generic class of products could be potentially disparaging. This could be viewed as dangerous precedent as it would disallow a competitor to even make comparisons on a general basis. Hypothetically if the newly launched Tata Nano were to put out an advertisement giving out the impression that bike owners could progress in life by graduating to a car, then based on the ratio of this case, any bike company would be able to successfully sue Tata for disparagement  [40]  . CONCLUSION In India theres no doubt that the law regarding to comparative advertising is well settled, but is it settled in the required manner? By copiously allowing puffing up in marketing strategies, until a competitor is not adversely affected, the courts have turned a blind eye towards the equally important consumer and his interests. Today in the Indian sphere the focus only seems directed towards the grabbing of eyeballs, without providing any productive information for the consumer to utilize. The objective behind comparative advertising was not only being informative and an important tool to promote competition but for comparisons to serve as benchmarks to help consumers focus on the products main qualities. Compara

Delinquent Parents :: essays research papers fc

Delinquent Parents? Gone are the good old days when mom and dad were around to teach their children about morality and the basics of growing up. Instead, we see parents who have replaced caring and personal involvement with the purchase of material goods. We see parents who are afraid to discipline their children and who are afraid to set boundaries. We see parents who are afraid to hug their children and be involved in their lives. A child's behavior shows the kind of home he or she comes from. Parents are suppose to be role models, but what do we find. Parents are neglecting their responsibility. Parents, who ought to teach by precept and example, have fallen prey to the "do as I say, but not as I do" syndrome. We as a society, often times fail to look at the root cause of many of the adolescent problems being witnessed today. I watched a PBS documentary entitled "The Lost Children of Rockdale County." I found this documentary to be very disturbing look into th e lives of middle to upper class youth. Though the focus of the program was sexual promiscuity, drugs, pornography, and alcohol, but what I found far more troubling was the tremendous breakdown that exists between the children of Rockdale County and their parents. This entire documentary was full of houses that were empty and void of supervision and adult presence. Some recent research on adolescent behavior has provided an insight into factors that contribute to juvenile delinquency. The relationships between parents and children play a significant role in the social well being of the children. Children who do the best, have parents who use both a great deal of warmth and caring with their children and also exercise a high level of control over their children's actions. High levels of warmth and control characterize the form of parenting referred to as authoritative. (Teenagers in Trouble, Gallagher, p.2) Authoritative parents are both firm and fair. Rarely did I see this type of p arent in the program. "I thought that if I disciplined you, you would run away" was one comment made by a mother whose daughter had gone on a drinking bing at age twelve, blacked out, and realized she had been raped when she came to. Many of the parents documented were not able to connect with their children and even when they did, they thought that just showing concern was enough.