Why is Mcdonalds such a successful company? Emphasis on India China

Why is Mcdonalds such a successful company? Emphasis on India China 1. Introduction In the present day we all lead a very hectic lifestyle cramping our lives with endless things to do and accomplish. Gone are the days when meals were cooked and served in households three times a day, instead, the youth live on pre-cooked micro waved meals and fast food. We want food and we want it fast. This was essence for the rise of Mcdonalds From humble beginnings in 1954, when Raymond Kroc who was a salesman had a vision of getting the best food in the shorted possible time to people across America was the birth of the fast-food chain that we know as McDonalds. What he did as a pioneer in the fast food industry is akin to the accomplishment of Henry Ford in the automobile industry. The same concepts of Henry Ford were applied of ensuring timeliness, proper disclipine and production efficiency were utilized. In this instance, to French fries, milkshakes and Hamburgers. Today, McDonalds is a brand that is recognized in every corner of the world. A testament to the accomplishment of this fast-food chain is the endorsement by the economist in the world who compare the official exchange rate with that of the Purchasing Power Parity (PPP) as the Big Mac Index to gauge if the currency is undervalued or overvalued. In this globalised world, how is that McDonalds managed to reach the heights that it has today with 30,000 outlets in 120 different countries spread across the globe in so many different societies with different cultures, different tastes and different economies. What are the factors that have allowed the managers in McDonalds to succeed in these countries? This paper is an attempt to address these issues. 2. International Business (Multi National Corporations) Today the world is a globalised world and increasingly becoming like a single market place. The barriers of international trade are considerably reduced. Businesses are forced to develop effective management teams and policies that can operate in different national environments. â€Å"Globalization is necessary for success and survival in the worldwide market; however, global competition is not easy† (Bateman Scott, 2004). At the onset of the twenty first century, the list of fortune 500 companies century are increasingly companies that are global (Global Capitalism, 2005) and McDonalds is part of this group. This trend gives rise to an important question in a service organisation about service quality how can multinational firms in the service industry obtain a competitive advantage over local industries and succeed? With over 30,000 restaurants operating in 120 countries and with over 1m employees McDonalds is a truly global success. But, what has made the company successful during one of the toughest economic environments for decades? The past 18 months have been a very testing time for companies across the globe. Many have succumbed to the economic turmoil caused in the US housing markets, many have changed their strategy going forward and many have changed their senior management however, McDonalds has seen an astonishing growth in its sales over the past few months. From the study of McDonalds, we identify three key factors: Embracing globalisation Adapting to local culture 3. Strong company core values (culture) The first factor globalization, has allowed between different parts of the world to come closer together, provides opportunities of exchange and expands the consumer base. Among the factors that have allowed these organisations to succeed in the global market place has been their ability to harness the cross-cultural issues and the benefit that a diversity brings to the organisation. The final factor is strong company core values that it disseminates across all aspects of its business across the globe. McDonald Corporations uses these factors to conduct business around the world. 3. Research and Findings (Primary Secondary) To any society, food is an important cultural ingredient. â€Å"Food is the oldest global carrier of culture.† (Britannica 2007). People believe that we become what we eat and impact our behaviour. Changes in its preparation has the potential to alter the traditional beliefs of people, so how could McDonalds succeed even in such an environment? In todays intensely competitive marketplace for fast food services, maintaining a competitive advantage puts a heavy premium on having a highly committed or competent workforce. â€Å"Increasingly it is being recognized that competitive advantage can be obtained with a high quality workforce that enables organisations to compete on the basis of market responsiveness, product and service quality, differentiated products and technological innovation†. (Chew, I. Horwitz, F. Case study findings). The Fast food industry like other service industries has many characteristics. When taken in context of India and China, the following are the main ones; Liberalisation of the economies of China and India Vast population Changing consumer behaviour Highly competitive environment Strong traditional food culture. Looking at these individually, the liberalisation of trade and investment in China and India has allowed for the proliferation of many international fast-food outlets in these countries. As these countries enjoy economic prosperity, a large working population means that the per capita and household disposable incomes have grown. More and more woman now work in these countries hence the fast-food/take-away and home delivery markets have grown phenomenally in India and China. Gone are the days when McDonalds enjoyed competitive advantage simply because of their unique product line. Besides the national restaurants, there are other western fast-food organisations like Burger King and KFC that pose tough competition to McDonalds by offering similar product lines. 3.1 Critical Success Factors Interview sessions were held on a number of consumers across various regions of Hong Kong. Some critical factors of success of McDonald were identified. Product line Lower Prices Sales Promotion Service Quality Adapting to Local taste Convenient Location Seating space Cleanliness The survey results gave the following results that are depicted on the chart below: If one were to look at a threshold of 80%, we find that convenient location, lower prices, service quality, cleanliness and adapting to local taste are the critical factors that consumers rate when walking into a fast food outlet and McDonalds rates high on them. 3.2 SWOT Analysis Porter (1985) suggested that the manner in which a firm puts its strategies into practice will define the sphere that it operates in be it cost leadership, differentiation or focus strategy. According to him, competitive advantage stems from not just one activity that the time does but from many discrete activities. These could be the marketing, designing, delivering or even supporting its product or services. A SWOT analysis is a good starting place in order to identify potential competitive advantages. If a quick SWOT analysis is done on McDonalds the results can be summarised as follows; 3.3 McDonald as an Employer Employees perceptions about McDonalds could be demonstrated by Hewitts â€Å"2009 Best Employers China Study†, according to which, McDonalds(China)company Ltd. has been regarded as the 3rd best employers in China. Hewitt is one of most widespread professional studies which have most impact force and influence. McDonalds figure shows a Employees engagement of 75%, which is about 26% above the average. In general, employees in â€Å"The Best† such as McDonalds speak more positively about the company (Say), more willing to serve the company (Stay) and contribute more to the company (Strive). Engagement Behaviours The Best Employers including McDonalds also shows lower turnover rate than the rest across all levels. Employees Turnover Rate Leaders of McDonalds drive a strong message that employees are highly valued assets of the organization. Employees hold strong positive perceptions of their leaders with respect to range of organizational relationships Employee View of Senior Management  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  The BestTheRest I see strong evidence of effective leadership from senior management  Ã‚  Ã‚  68% 46% Our senior leaders remove barriers to create effective cross-department teams  Ã‚  68% 49% Our senior leaders develop relationships at all levels within the organization  Ã‚  70% 51% Our senior leaders requires continuous improvement from all parts of the organization  77% 57% Our senior leaders create excitement about changes  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  76% 56% Our senior leaders fill me with excitement for the future of this organization  Ã‚  Ã‚  66% 44% Our senior leaders treat employees as this organizations most valued assets  Ã‚  Ã‚  69% 47% Our senior leaders consistently demonstrate the organizations values in all behaviors and actions73% 51% 3.4 Position of McDonalds When we analyse the competing fast-food chains in China, we find that till the end of 2008, KFC opened over 2300 restaurants in China, while McDonalds only has 1100 restaurants. In a questionnaire which investigatesâ€Å" The Most Impressive Restaurant in Guangzhou† shows that Mcdonalds with a proportion of 23.5% is leading other fast-food restaurants including KFC and some other local restaurants. Proportion of Impression of Fast-food restaurants in Guangzhou Research also reflects that McDonalds major consumers are young people aged between 15 and 25. By calculating we can infer that this group of people goes to McDonalds every 2.82 weeks with 60% of them going there because of the fashion image given by McDonalds while 33.3% of them go there because of its conveniences. However, convenience is cited by 53.5% for people aged between 25 and 40 as the reason for going to McDonalds. Proportion of different aged people take a meal at McDonalds at different frequencies consumer aged between 15-25 Consumer aged between 25-40 Motive of consumption During the survey, questions were asked about which promotion method most influences the interviewee the main source that people use to acquire information being 1) TV advertising and 2) friends. These are 74% and 65% respectively. Mean while, when asked about the impact of advertising,75.5% of interviewee express that they are frequently attracted by TV advertising which are quite innovate. 24.5% of interviewees say that they are occasionally interested but no one has ever been attracted nor seen the TV advertising. (diagram) Consumers sensitivity of TV advertising 4. Analysis In spite of being an American firm that is built around the Hamburger model, McDonalds has become a part of the lives of people in Asia. Consumers in countries like China, India, Japan, Indonesia, Malaysia, Singapore, Taiwan and Thailand, where the staple diet is mostly rice or noodles have still embraced this fast food chain. It has even managed to penetrate in India, where cows are considered sacred. 4.1 Globalisation and Glocalisation There have been widespread campaigns about the ill-effects of globlasition there are a few that are pro-globalisation and postulate that globalisation enhances culture rather than adulterate it. Where it not for globalisation, it would have been unlikely that McDonalds would have had developed as a brand. â€Å"Researchers have coined a term, glocalisation, to refer to the interactions between local influences and actors and global forces† (Smith Guarnizo, 1999). Large multinational firms, particularly in the services sector, have taken steps to adapt to local values, traditions and cultures. In some instances, there have been large scale protests when a multinational firms sets up its operation overseas. McDonalds had to bear the brunt of protests when it first started in India. Radley Balko (2003), states that â€Å"In most communities, the McDonalds has conformed to the local culture not the other way around. The McDonalds corporation notes that most of its overseas franchises are locally owned, and thus make efforts to buy from local communities. McDonalds also alters its regional menus to conform to local taste.†. For example, in India, the non-vegetarian menu includes chicken and fish items only. Beef is not on the menu in India because are considered sacred. 4.2 Contribution of Culture to their Success People bring an organisation alive. Using a more diverse description, fish feels the need for water only when it is not in it. Culture is like what water is to fish. It sustains us. We live and breathe through it. â€Å"McDonalds commitment to diversity is established on the foundational belief that diversity is not just a moral and ethical issue, but also a business issue† (McDonalds, 2005). Due to the sheer number of outlets in 120 different countries, McDonalds has no choice but to embrace diversity. What is means is that almost every culture, every ethencity is represented in McDonalds. Internal management policies dictate that local suppliers are promoted. This is an extension of their policy on diversity. the use of local suppliers and based on their policies of diversity. When the individual outlets are examined, at the managerial level, there exists a task/occupational sub- culture.†A task culture is job or project oriented culture and emphasis is placed on completing a specific task†. Coles, M. et al.,(1999). The members have strong recognition for the skills of one another and respect each other. They need each other for the organisational success. Culture is itself not visible, but is made visible by actions or if one does something weird and people will come up and tell you that it is not the done thing. McDonalds realizes that having diversity as an asset greatly enhances the profitability of the company. Diversity is a direct reflection of a companys interpersonal relationships. McDonalds leadership encourages diversity through their policies and programs. McDonalds proven success with leveraging the advantages of diversity can be attributed to their core value of ethics. When I characterise the people of McDonalds on the basis of Herzbergs Motivation hygiene theory, Mullins,L.J.(2002), it is easy to appreciate and seems readily applicable. However when looking at it deeper, certain factors emerge questionable Money is a complicated motivator, it satisfies peoples need in a variety of ways, a set of people in McDonalds, money was important as they needed to fulfil their basic physiological need, there were others who needed money to throw parties (a social need) and the customer relations manager wanted it to buy a house (esteem need). People cut right through the way in which th ey prioritised money. 4.3 Management Practices There is a saying, â€Å"You can take the horse to the water but you cannot make it drink.† It will drink only if it so desires. People will also do what they want to do unless motivated, whether on the shop floor or in the ivory tower. This can be done intrinsically or by external stimulus. Watson (1997) mentioned that â€Å"McDonalds focuses on standardization of its products, as consistency and predictability are important keys to the companys worldwide appeal. It was also indicated that one key to McDonalds success was the constant push to speed up production without sacrificing consistency. McDonalds had created a system that depends upon standardized procedures in everything from sandwich assembly to advanced management training at Hamburger University†. In the 600-page â€Å"Operations and Training Manual† production guide, McDonalds ensured that nothing is left to chance; photo layouts showed where the sauces should be placed on the bun, and the exact thickness of sliced pickles was specified. All equipment at McDonalds restaurants must be purchased from approved suppliers, and the architectural design of both interior and exterior is carefully controlled. It can be said that McDonalds preaches uniformity and consistency with the fervency of a relig ion. 4.4 Core Values bind across cultures A growing belief that one of the major sources of potential competitive advantage for businesses is the effective management and development of people. For example, Sparrow et al covered in their study over 2000 organisations across the globe and their report concluded that â€Å"an organizations people provide the only realistic basis for achieving a sustainable competitive advantage†. A good example of the manner of dissipation of the core values is in the form of bonding at the shop floor. For example, the employees of McDonalds are collectively called the crew of the restaurant. This is the term used at all McDonalds restaurants. It means the same in every country and every outlet of McDonalds all belong to the same family. McDonalds senior team put the companys resilience down to an on-going investment to its customers including improving the restaurant experience and expanding its menu. The company has also maintained a massive commitment to its people and their training, which includes making apprenticeships available to all eligible employees and a cohesive and comprehension management, leadership and coaching programme. David Fairhurst, Senior Vice President People at McDonalds UK said: â€Å"In these challenging economic times, it is more important than ever for employers to invest in their staff.† Carole Williams, Corporate Training Manager for McDonalds UK, said a key component of its success is through strong leadership and communication. 4.5 Managing the Customer Experience In our personal lives, most of us would like to believe that the more someone knows us, the more that person will like us. As the old saying goes, to know me is to love me. Interestingly enough, this is also the essence of customer service. Without product differentiation, its the service that that will develop customer loyalty. Crainer (1995) in his book â€Å"The Real Power of Brands† identified McDonalds as a brilliant international exercise in uniformity. He wrote, â€Å"Wherever you go in Europe or the world, a McDonalds restaurant appears very similar and its products are uncanny reproductions of each other. It is homogeneous, uniform and highly successful. That is a McDonalds formula.† Crainer also mentioned that â€Å"McDonalds restaurants are clean; the food is consistent; the service is good. In effect, the very uniformity of the brand is the crucial differentiating factor.† In today competitive environment, customer service is not merely a means to drive sales. McDonalds has created a a niche for itself by raising the bar of competition by providing customers a unique experience. They have accomplished this is through their employees. As the competitive bar goes up, they ensure that the quality of their employees goes up too. Adapted from Mulins .J â€Å"Employee Relations and business performance† 5. Lessons Learnt In addressing the issues relating to developing effective international management teams it appears that the following areas should be considered: Identifying the nature and implications of national cultural differences within the team. Establishing a basis for building understanding and awareness of cultural differences and how they may be managed. Formulating a framework for developing a high performing team which takes account of cultural differences and leverages the diversity present in an international team. It is useful to identify clear framework for analysing and understanding national cultural differences. Such frameworks have been developed by researchers and consultants such as Hofstede and Trompenaars. While the respective merits and drawbacks of different frameworks are widely discussed and are rather helpful in illustrating the major issues which need to be considered. 6. Conclusion In conclusion, there are no simple answers on how management and management practice drive organisation success. Of all the resources available, in the International arena, the human resource is clearly the most significant, but also the most difficult to manage. The models mentioned earlier are only the basic strategies, though the final mix will vary from situation to situation. The key to competitiveness for Mcdonalds is quality and quality depends more on the commitment of individuals; more on the way these individuals behave; their team spirit than on the passive execution of orders received. People create the future through what they do and dont do. More importantly through what they can and cannot do. The value of companies stems from the people who work there, the skills they possess and their potential to transform.

The Wedding of Sir Gawain and Dame Ragnell :: Dame Ragnell Character Analysis Essays

The Wedding of Sir Gawain and Dame Ragnell In the story of "The Wedding of Sir Gawain and Dame Ragnell," we are introduced to a rather interesting character, Dame Ragnell. We meet Dame Ragnell in the beginning of the story when King Arthur is riding his horse into Ingelswood Forest. He then meets a lady, Dame Ragnell, who is described to be absolutely hideous and grotesque. The story gives a complete description of this old, foul woman: Her face was red, her nose snotid withalle, Her mouithe wide, her teethe yallowe overe alle, With blerid eyen gretter then a balle; Her mouithe was not to lak; Her teeth hing over her lippes; Her cheekis as wemen hippes. Dame Ragnell is a repulsive creature. She's described as a big, broad-shouldered woman with yellow, rotten teeth hanging over her mouth, great big eyes, and a big red face with cheeks the size of a lady's hips. King Arthur runs in trouble and is given twelve months to find the answer to the question, "What do women most desire?" With his life riding on this answer, King Arthur desperately asks Dame Ragnell to tell him what women most desire. She tells him that women most desire power and sovereignty in marriage. But she tells him this only after he promises that one of his knights, Sir Gawain, will wed her. Sir Gawain does indeed marry her, but only because of his strong loyalty to his king. Sir Gawain is disgusted by her appearance, but he knows this is the only way to save King Arthur. People pity Sir Gawain, a very handsome man who possesses nobility and honor, for having to marry such a loathly woman. Dame Ragnell has no manners, especially at the dinner table. When she feasts at King Arthur's court, she eats as much food as six grown men: Her nailes were long inchis three; Therewithe she breke her mete ungoodly; Dame Ragnell's appearance is the result of her stepmother's wicked spell. Her stepmother cursed Dame Ragnell many years ago and the spell can only be broken if she weds a man who gives her sovereignty in their marriage. The spell has yet to be broken†¦that is until she is married to Sir Gawain. Then, she gives Sir Gawain the ultimatum that he can either choose for Dame Ragnell to be beautiful during the day for all men to admire, and at night she will be ugly for Sir Gawain, or for her to be ugly during the day and beautiful at night for Sir Gawain to enjoy. The Wedding of Sir Gawain and Dame Ragnell :: Dame Ragnell Character Analysis Essays The Wedding of Sir Gawain and Dame Ragnell In the story of "The Wedding of Sir Gawain and Dame Ragnell," we are introduced to a rather interesting character, Dame Ragnell. We meet Dame Ragnell in the beginning of the story when King Arthur is riding his horse into Ingelswood Forest. He then meets a lady, Dame Ragnell, who is described to be absolutely hideous and grotesque. The story gives a complete description of this old, foul woman: Her face was red, her nose snotid withalle, Her mouithe wide, her teethe yallowe overe alle, With blerid eyen gretter then a balle; Her mouithe was not to lak; Her teeth hing over her lippes; Her cheekis as wemen hippes. Dame Ragnell is a repulsive creature. She's described as a big, broad-shouldered woman with yellow, rotten teeth hanging over her mouth, great big eyes, and a big red face with cheeks the size of a lady's hips. King Arthur runs in trouble and is given twelve months to find the answer to the question, "What do women most desire?" With his life riding on this answer, King Arthur desperately asks Dame Ragnell to tell him what women most desire. She tells him that women most desire power and sovereignty in marriage. But she tells him this only after he promises that one of his knights, Sir Gawain, will wed her. Sir Gawain does indeed marry her, but only because of his strong loyalty to his king. Sir Gawain is disgusted by her appearance, but he knows this is the only way to save King Arthur. People pity Sir Gawain, a very handsome man who possesses nobility and honor, for having to marry such a loathly woman. Dame Ragnell has no manners, especially at the dinner table. When she feasts at King Arthur's court, she eats as much food as six grown men: Her nailes were long inchis three; Therewithe she breke her mete ungoodly; Dame Ragnell's appearance is the result of her stepmother's wicked spell. Her stepmother cursed Dame Ragnell many years ago and the spell can only be broken if she weds a man who gives her sovereignty in their marriage. The spell has yet to be broken†¦that is until she is married to Sir Gawain. Then, she gives Sir Gawain the ultimatum that he can either choose for Dame Ragnell to be beautiful during the day for all men to admire, and at night she will be ugly for Sir Gawain, or for her to be ugly during the day and beautiful at night for Sir Gawain to enjoy.

The Character Kevin in Freak the Mighty :: Rodman Philbrick

Many people struggle to be accepted in our world because of disabilities. Freak the Mighty, by Rodman Philbrick, is a dramatic and inspiring novel about how two boys, who are â€Å"different†, become friends and unite towards a common cause. Kevin, an eighth grader who lives with his mother Gwen, is one of the two protagonists in this extraordinary novel. Kevin is a very knowledgeable young boy who doesn't let his disability limit his abilities. Kevin uses his imagination to minimize his disability in his every day life. In Preschool Kevin would march around the school with his leg braces and use his imagination to pretend that he was a robot. The fact that he uses his imagination to see his leg braces as â€Å"astounding† is a great example of Kevin using his imagination to minimize his disability. Kevin displays great determination in this novel. Near the beginning of this narrative, Kevin is playing with a mechanical bird and flies it up into a tree. He repeatedly tries to free it from the tree, even though he seems to be getting nowhere. He had his mind set on it, so he wouldn't stop until it was in his hands. This section of the story shows that if Kevin sets a goal for himself, he’ll do almost anything to achieve it. Another example is that when Kevin helps the cops look for Max when he’s reported missing Kevin never gives up looking for Max, even when the cops want to give up. This example is yet another form of great determination. All of these points help indicate that Kevin displays great determination through the novel by Rodman Philbrick. Kevin doesn’t let his disease put a negative effect on his learning.

Epiphany :: Literary Analysis, Joyce and Calvino

World War I and World II are basically the same, right? If so, Araby, written around WWI by James Joyce, and The Flash, written around WWII by Italo Calvino, are also the same, no? Indeed, these short stories have many similarities. At the same time, both stories have many differences. Thus, it is difficult to compare both stories when considering all the details. If the subject of comparison is more specific, such as epiphany, then more emphasis and effort can be put into the comparison. In Araby, the protagonist falls in love with a girl, but love deceives him. In his moment of epiphany, â€Å"[g]azing up into the darkness [he] saw [himself] as a creature driven and derided by vanity; and [his] eyes burned with anguish and anger† (Joyce 1). In The Flash, the protagonist suddenly grasps a reality, but only for an instant: â€Å"[He] stopped, blinked: [He] understood nothing. Nothing, nothing about anything. [He] didn’t understand the reasons for things or f or people, it was all senseless, absurd. And [he] started to laugh† (Calvino 1). The comparison between the epiphanies of both short stories reveals the relationship amongst the similarities and differences regarding theme, symbolism and setting. Most importantly, comparing the themes of both epiphanies reveals they can simultaneously be similar and different. An important common theme in both epiphanies is facing reality. In Araby, the protagonist realizes â€Å"[his] stay was useless† (Joyce 6) since the young lady only â€Å"spok[e] to [him] out of a sense of duty† (Joyce 6). Likewise, in The Flash, the protagonist realizes he â€Å"accepted everything: traffic lights, cars, posters, uniforms, monuments, things completely detached from any sense of the world, accepted them as if there some necessity, some chain of cause and effect that bound them together† (Calvino 1). Both characters face the reality and randomness of the world. Even so, each epiphany implies each protagonist faces a different sort of reality. The protagonist of Araby faces the reality of love and â€Å"[sees himself] as a creature driven and derived by vanity† (Joyce 6). On the other hand, the protagonist of The Flash faces the reality of existence and hopes â€Å"[he] shall grasp that other knowledge† (Calvino 2). Therefore, reviewing the theme similar to both epiphanies leads to discovering different themes as well. Conversely, looking at the differences in the symbolism of each epiphany hints at a comparable aspect of symbolism.

The Iraqi War Essay -- Papers Opinion Argumentative War Terrorism

The Iraqi War This is a discursive essay for the argument against America going to war with Iraq. In this essay, I will briefly include a summary about Iraq and go on to give evidence about previous incidents and other significant points that finally led to the war. Iraq is a dictatorship that was under the rule of the tyrant Saddam Hussein until the coalition forces invaded and toppled the Iraqi regime. Saddam Hussein officially became a dictator in the year 1979. Since then, he has caused many disruptions and has terribly ruled Iraq. Saddam was supported by the military of Iraq and he was a really brutal man. The people of Iraq were tortured and murdered under this dictator. There was a time where Saddam was interested in developing weapons to fight against other countries. At that time, Iraq did not have close links with neighbouring countries such as Iran. Saddam Hussein then saw Iran as a slightly vulnerable country and started a conflict with its neighbour. Hisorically, there were differences between Iraq and Iran. These differences can be seen in religious matters, border disputes and politics. These led to animosity between the two countries which heightened during the rule of Saddam Hussein. Fortunately, the war was ended in 1988. Since then, Saddam had an interest in developing what is known as "weapons of mass destruction". These weapons can exist as chemical, biological or nuclear weapons. Somewhere in the middle of the year 1990, Iraqis accused Kuwait of stealing their oil and selling it at low prices, thus damaging the Iraqi economy. Iraq then went on to invade Kuwait on August the 2nd, 1990. This most un... ...sualties of the war, some innocent civilians. Until now, there were no weapons of mass destruction found in Iraq. President Bush took drastic action on Iraq without any reason. There were not also complete backing from the international community to proceed in this war. Going to war is not a very democratic decision and America should have tried other civilised ways to deal with Iraq. America's plans were to go in and find weapons of mass destruction and to get rid of the Iraqi regime. They did not need to go to war to do this. The war claimed many lives of civilians and soldiers and over $93 billion spent. This money could be used for better purposes such as helping poor countries and funding useful projects. Fortunately, the leader of the regime, Saddam Hussien was finally captured later in early December 2003.

Law of Carriage by Rail Essay

1) a) Explain how the making of the contract between the consignor and the railway station can exist? The contract between the consignor and the railway company will existing when the railway company has accepted the goods for carriage from the consignor and together with the consignment note make by consignor. The acceptance will be established with the consignment note and will be stamp of the forwarding station. The consignment note is made by the consignor with three copy, each copy for each carriage freight, and the content of the consignment note are correspond with all the terms and condition that was agreed by the Rules. When the consignment note had been made by the consignor and was being stamped by the forwarding station, the consignment note will be an evidence of the making contract between the consignor and the railway station or forwarding station, the content that stated in the consignment shall be correspond or exactly same with the consignor with railway station previously agreed. The responsible of the consignor is extraordinary of the consignment note, which may in accordance with the agreement between consignor and the railway company. In the consignment note was related to the goods such as quantity of the goods or to the amount of packages shall only be evidence against the railway when it had been verified by the railway to regulate that is not any deviation with the particular of the consignment note and has be certified in the consignment note. If that was any necessary these particulars may be verified by other means or it was obvious that there is no actual insufficiency corresponding to the discrepancy between the quantity or amount of packages and the particulars in the consignment note, the latter shall not be evidence alongside the railway. This shall apply in particular when the carriage is handed over to the consignee with the original stamps complete. After the railway company has verified the goods, and they shall to certify a receipt that include the date of acceptance of the carriage and stamped on the consignment note before it was duplicated to the consignor. The railway shall declare acceptance of the goods and the date of acceptance for carriage by assigning the date stamp to or else making the entry on the duplicate of the consignment note before compensating the duplicate to the consignor. The duplicate will not have influence as the consignment note complementary the goods, nor as a bill of lading. Grand Trunk Railway Co. of Canada v. McMillan [1889] In this case is the Grand Trunk Railway Company of Canada as defendant and Robert McMillan as plaintiff. The fact in the case is the railway company have the contract with Robert McMillan, which is a contact for carriage of the goods and it was go beyond of the station of line. The railway company undertakes to carry goods to a point beyond the station of its own line its contract is for carriage of the goods over the whole transit. However the other companies which over of the line they must pass are merely agents of the contracting company for such carriage, and it was in no private of contract with the transporter. In addition, such a contract being one which a railway company may refuse to enter into the contact, it is because of according to section 104 of the Railway Act it does not prevent from restrict the liability for negligence as carriers or else in respect to the goods to be carried after they had gone from its own line. Moreover, inside the contract have a condition from the Grand Trunk Railway Company (defendants), it was stated, they carry the goods form Toronto to Portage la Prairie, Man., it was a place that beyond the station of their line, and the company shall not be responsible for any loss, damage or delay and detention that may happen to goods sent by them. If that has be happen (loss, damage or delay and detention) after said the goods had arrived at the stations or places on their line nearest to the points or places which they were committed to or beyond their held limits. Furthermore for the condition of the contract is provided that no claim for loss, damage, delay or detention of goods should be allowed unless notice in writing with particulars and it was given to the station agent at or nearby to the place of delivery within thirty-six hours after delivery of the goods in order to the claim that was made. The held in this case is because of the condition are not relieve with the company from the liability for the loss and damage that happened during the goods in transit, even if the loss, damage, delay or detention had happened beyond the limits of the company in that own line. As well as the loss having occurred after the transit was over, and the goods delivered at Portage la Prairie, and the liability of the company as carriers having ceased, this condition reduced the contract to one of mere bailment as soon as the goods were delivered, and also exempted the company from liability as warehousemen, and the goods were from that time in keeping of the company on whose line Portage la Prairie was place and it was as an bailees for the goods. That a plea setting up non-compliance with this condition having been demurred to, and the plaintiff not having appealed against a judgment over-ruling the demurrer, the question as to the sufficiency in law of the defense was res judicata. Likewise for the part of the consignment having been lost such notice should have been given in respect to the same within thirty-six hours after the delivery of the goods which arrived in safety. Finally it was be an action against the Grand Trunk Railway Co. and the Canadian Pacific Railway Company jointly for damages caused by injury to the plaintiff’s goods that carry on the Grand Trunk for carriage of goods from Toronto to Manitoba. The goods were only carried by the Grand Trunk over a portion of the route and by the Canadian Pacific from Winnipeg to the place of consignment, and they were in the actual ownership of the latter company when injured. And because of the damage to the goods was not disputed, but the defendants claimed that they were carried under a special contract, by the terms of which they were relieved from liability. b) Briefly explain the party that have the liability to be liable under the carriage by rail? The rail carrier has the liability to be liable for the loss, damage or any delay of the goods that who was under CMR. According to Article 55 is provided that the railways may bring an action to forwarding railway. That is for claim against the railways company due to arising of loss, damage or delay of the goods, and is an action that for reclamation of totality of funded under the contact of carriage of goods might be taken against the railways which have composed that totality or against to railways on behalf it was collected. Based on Article of 54, that is the action against the railways might be brought by the consignor. If any happen action arising from the contact of carriage of goods, the action might brought by consignor until the consignee was take a proprietorship of the consignment note, accepted the goods from the consignor, or declared he has the right to deliver the goods. Or the action against the railways also can brought by the consignee, when the consignee are take a possession of the consignment note, accepted the goods, declared his right or he had been provided that he has the right of action that shall be quenched from the time when a person was entitled by the consignee. However, if they might brought an action against the railways, consignor shall to produce the duplicate of the consignment note, because that will be an evidence that he produce an authorisation from the consignee or deliver resistant that the consignee has refused to accept the consignment note, or the consignee shall to produce the consignment note if it has been furnished terminated to him. In addition, that Article of 36 that is the extent of the liability. The railways has a number of exclusion from the liability. In fact the railways shall to be liable for the loss, damage or delay of the goods, and occasioning from the total or some of the partial of loss, damage or delay from the consignor or between the time that had acceptance for carried out the goods loading and the time delivery and inherent vice of the goods such as defective packaging, decay of the goods or wastage. The railway company shall be relieved of such liability when the loss, damage or delays or the goods that had carried, due by the cause of fault on part of the person entitled, or by the person that entitled other than as result of a fault on the part of the railway which the railway could not avoided and which is unable to prevent the consequence. For instance, under the agreement between the consignor and the railway in the consignment note, the goods should be under the condition that applicable that had been stated in consignment note, any absence or lack of the filler of the good which by their nature shall be liable to loss or damage when the goods was not packed or not be properly packed, or defective loading that had been carried by the consignor, any irregular, incorrect or any incomplete description of the article not been acceptable for carriage or acceptable matter to conditions or failure on part of the consignor to observe the prescribed protections in respect of article acceptable matter to conditions, or the carriage of the live animal and what stated in the consignment note must be accompanied by any attendant, if the loss, damage or delay of the goods had been resulted in the risk of the attendant was intended to obviate, all the circumstance, the railway shall be relieved of the liability when it was cause in resulted in loss, damage or delay of the goods. For example in the case of Mitsubishi Heavy Industries Ltd. v. Canadian National Railway Co., Rainbow Industrial Caterers Ltd. v. Canadian National Railway Co., [1991], see as well the case of Grand Trunk Railway Co. of Canada v. McMillan [1889]. Mitsubishi Heavy Industries Ltd. v. Canadian National Railway Co. In this case the Mitsubishi Heavy Industries Ltd is the plaintiff and Canadian National Railway Company is the defendant in the cases. The fact in the case was as an import of a train derailment cargo owned by the plaintiff was severely damaged. The cargo was being accepted under a â€Å"Master Transportation Agreement† between the plaintiff and Fujitrans as a freight forwarder. The goods made in Japan and were carried by sea to Vancouver where it was discharged for further carriage to Ontario by rail. Furthermore, the defendant rail carrier assumed, pursuant to Section 137(1) of the Canada Transportation Act, S.C. 1996 and an agreement between Casco, another freight forwarder, that it was entitled to limit its liability to $50,000. However the rail carrier was entitled to limit his liability. The held in the case is which is the right of the defendant as a rail carrier to limit its liability depends on it establishing the existence of a â€Å"confidential contract† under ss. 126 and 137 of the Canada Transportation Act that is a â€Å"written agreement signed by the shipper† and that contains a limitation of liability. The â€Å"shipper† within the meaning of the Canada Transportation Act in the circumstances of this case was Casco not the plaintiff. In addition, the requirement of a â€Å"signed† copy of the agreement does not necessarily require that an actual contracted copy be produced. In this case, the existence of signed consignment of the agreement was sufficient. The plaintiff impliedly or expressly agreed to and authorized the subcontracting by Fujitrans to Casco and by Casco to the rail carrier. Moreover, the plaintiff had express awareness of the terms of the agreement between Casco and the rail carrier. Accordingly, the plaintiff is guaranteed by the limitation even without any private of contract between it and the rail carrier. Rainbow Industrial Caterers Ltd. v. Canadian National Railway Co., [1991] In this case the Rainbow Industrial Caterers Ltd as an appellant however Canadian National Railway Company as a defendant in the cases. The fact in the cases is actually they have two different industrial caterers, both of them is from Albert and in BC, and they was joined and administer as one entity that called as â€Å"Rainbow†. Canadian National Railway Company decided to call for tender for the catering of the meals and service for all the work of crews on a nation-wide basis for the good weather work period in 1985. It had estimated that 1,092,500 meals that will be required. Canadian National Railway Company was notified to Rainbow that the meals are total expected to be 85% of the values listed in the tender document, after the Rainbow was made the bids at $4.94 per meal. It was caused the Rainbow was to increase its bid to $5.02 per meals. As a result that the Rainbow was accumulate that it was losses month by month, because of the number that the meals required was very less than the number given as by the Canadian National Railway Company, and it was caused the Rainbow lost about $1,000,000 on the contact and sued to Canadian National Railway Company. Rainbow was brought an action in tort on the basis of negligent misstatement and misrepresentation in the contact. It is mean that was a breach of the contact and negligent misstatement. The held in the cases is the appellant is looking for the damages in an action for the negligent of misrepresentation is entitled to be put in the position, which if the misrepresentation had not been made. Thus, in tort of action the object is to put the appellant in the position that would have been in if the tort had not been committed. The position would have been is a matter that the appellant must to establish on a balance of the probabilities. However the Canadian National Railway Company was argue that the much of the losses was not caused by the negligent misrepresentation and would have been suffered even had the estimated was accurate. Canadian National Railway Company position is that the losses caused by the conduct that cannot be recoverable in the misrepresentation claim. But, the Canadian National Railway Company is bore the burden of proving the Rainbow would have a bid even if the estimate had been accurate. That was not being proved and it is taken as a fact that the Rainbow would not have to contract had the estimate been accurate. The conduct would not have occurred if there had been no contracted and these losses are causally and directly connected to the contract and the contact is causally connected to the negligent misrepresentation. Finally, this damage was foreseeable and there are not remote. The court was not satisfied that the Rainbow would have entered into the contract in the absence of the misrepresentation, so the damages claimed by the Rainbow were predictable. Furthermore the appellant may compete that all its losses on the contract were caused by the negligent misrepresentation but if it is shown that the loss was caused by factors other than the misrepresentation, and then the chain of causation is broken down. Generally, the plaintiff establishes a prima facie case by proving losses resulting from the contract. But the defendant may demonstrate that the chain of causation was broken by. For instance that the appellant was acts in own, the acts of third parties, or other factors disparate to the circuitous misrepresentation. Tort responsibility is based on mistake, and losses not caused by the defendant’s fault cannot be charged to it. It is for the appellant in constricting to make appropriate allowance for contingency such as conditions. The plaintiff may also have claim against third parties who cause it loss. To strengthen, the plaintiffs’ losses may have been caused by the respondent in negligent misrepresentation, or other wrongful acts or omissions of the respondent, whether in negligence or breach of contract and the plaintiffs’ acts or errors, the acts of third parties, factors unrelated to the faulted either the plaintiffs or the defendant. Trial judge wrongly held that all the appellant contract losses must be certified to and made no findings with respect to the other potential, in spite of the fact that the defendant Canadian National Railway Company led verification on them. These findings must be made if fairness is to be done.

Explore how the theme of hunting is used in “Lord of the Flies” and why this is central to the boys’ changing behaviour

The theme of hunting is recurrent throughout the novel, and is used to track the boy's descent into savagery. It starts as a necessity and simply a means of getting food, a common need that the boys all share and benefit from. However, it soon turns into a cultish way of life which divides the ultimately kills members of the group. The restraints and rules of society are taken away from the boys quite abrubtly and without warning, and at the beginning it is apparent that they do not really know how to react to this sudden change of lifestyle. However, as the book progresses the boy's newfound freedom, paired with their immaturity and their fustration with being trapped on the island manifests in a primeval obsession to hunt. Golding portrays the desire to hunt and kill as a primitive urge which lies dormant in each of us, but can take over when in an unnurtured and unrestrained environment. It seems to pronounce itself in each of the boys at different points of the novel; at Simon's death, even Piggy and Ralph found themselves â€Å"eager to take part in this demented but partly secure society†, where â€Å"the desire to squeeze and hurt was over-mastering. I think this is one of Goldings main moral messages, not to let your primeval instincts or the mentality of the people around you to detract away from your moral sense of what's right and wrong, and ultimately it is this fatal flaw and the â€Å"darkness of man's heart† which led to the downfall of the island. This descent from civilization into savagery is tracked by the progression of hunting, and the transformation of characters in the novel. While Ralph and Piggy remain civilized embassadors of law and order, Jack and the other boys progressively become more and more deranged with every hunt. At the beginning Jack and Ralph were morally and ethically much more similar, but he soon becomes obsessed with the violence and glory that hunting entails, and his appearance and behaviour mirror this descent into savagery. For example, Jack's once innocently â€Å"freckled† face becomes obscured by a mask that â€Å"repelled them†. This indicates a loss of identity, and sheilded by the mask he feels at ease to commit deeds of faceless malevolence against those with which he was once friends. In addition, Jack's identity evidently disappears completely when he loses his name. He is now so far distanced from the life that he used to lead that he decides to not conform to the use of a forename, and instead answers only to â€Å"the chief† – a somewhat tribal phrase which suggests inferiority and submission. This failure to abide by the standard expectations of society is suggested very early in the book, when on introduction Jack states â€Å"Why should I be Jack? I'm Merridew. † The way each character reacts and responds to Jack and his growing tribe and hunting obsession, is key to how they will prevail in the novel, and it is around the motive of hunting and the unmaintainable equilibrium between it and â€Å"building shelters† that the main group division is formed. For example, Jack as head of choir falls automatically into the position of head of the hunters. Unknowingly to him and the rest of the group, this initial taste of power and violence will lead to the formation of his savage tribe and the barbaric way of life they end up adopting. Opposingly, Ralph's negative response to the idea of hunting is an indication as to how he will retain his level head and his sanity throughout the book. The idea that Jack and his boys hunt to kill pigs is very indicative of how events will unravel, and when Jack's thirst for violence can no longer be satisfied by the killing of a pig, they move onto who they deem as the most unhuman and unworthy member of the group, Piggy, who after weeks of being compared to a pig, is killed in the same manner as one. There are parallels drawn between most of the main characters and the progression of hunting, and Golding uses this to help the reader to track the development of them and the novel.