Wednesday, July 31, 2019

IRAC Brief Essay

According to United States District Court District of Massachusetts Civil Action 11-10313-GAO (2013), Anderson, Silva, Johnson and Funches contracted through a limited liability company by the name of SLS to perform delivery services work on behalf of HDA (United States District Court District of Massachusetts, 2013). Plaintiffs Case Each driver was provided with their truck Trucks provided to the contractors bore Sears Logo Uniforms bore both Sears and HDA logos Each driver hired their helpers and paid their helpers directly Drivers worked full-time and solely for HDA (while under contract) (United States District Court District of Massachusetts, 2013) HDAs Argument Plaintiffs contracted through SLS and not directly with HDA as individuals; therefore, HDA should not be a litigant in this case Mass. Gen. Laws ch. 149,  § 148B is preempted by the Federal Aviation Administration Authorization Act, 49 U.S.C (See Case 1:11-cv-10313-GAO Document 99 Filed 12/30/13 Page 3 of 5) (United States District Court District of Massachusetts, 2013) IRAC Issue: The issues below are the reasons this case has been brought to court. The court must provide the answers to these reasons in order to begin the rule assessment portion of IRAC (1) Were the plaintiffs (Anderson, Silva, and Funches) misclassified as independent contractors by HAD? (2) Were deductions taken from plaintiff’s wages in violation of wage laws? Rules Below are the rules found in Mass. Gen. Laws ch. 149,  § 148B. These rules must be applied to the facts of the case to assess the fault or culpability of the litigants. Below is cited via United States District Court District of Massachusetts Civil Action 11-10313-GAO (2013). (1) The individual is free from control and direction in connection with the (2) Performance of the service, both under his contract for the performance of service and in fact; and the service is performed outside the usual course of the business of the employer; and (3) The individual is customarily engaged in an independently established trade, occupation; profession or business of the same nature as that involved in the service performed. (United States District Court District of Massachusetts, 2013) Application When looking at the mass general law 149 subsection 148B, we can apply the three stipulations of the law to the case against HDA violating this law. The plaintiffs in the case were acting solely for the purposes of HDA as a delivery service wearing both the seniors and HDA logos on uniforms provided to them. None of the drivers worked outside of the scope of work on subcontracts for any other provider other than HDA, and finally, each driver performed these duties under the direction of HDA’s vision. It is clear in this case that circumstances are such that every appearance and performance of duties was done in a way to appear that they were solely employees of HDA in that HDA has violated Mass General Law on salary and wages (United States District Court District of Massachusetts, 2013). When applying this to business setting the business entity hiring subcontractors must stipulate in a written contract as to whether the employee is to be treated as a subcontractor under a 1099 tax form or as a subcontract employee for the business. Under the assumptions made in mass general law 149 subsection 148B, subcontractors are deemed employees if they meet certain criteria within the law. This criteria is easily determined under general operating practices and business owners should be aware of these criteria before hiring subcontractors (United States District Court District of Massachusetts, 2013). Analysis/Conclusion Plaintiffs (Anderson, Silva, and Funches) were misclassified as independent contractors by HDA. It was found that deductions were taken from plaintiff’s wages in violation of wage laws. Thus, findings were established through determining that HDA violated the law in place (Mass General Law on Salary and Wages). For the foregoing reasons, the plaintiffs’ Motion for Partial Summary Judgment as to liability against HDA (dkt. no. 65) is GRANTED. It is SO ORDERED. Business Managerial Setting Application There are numerous torts to consider when reviewing Anderson v HDA: (1) Intentional Tort a civil matter resulting in an intentional act of damages. (2) Unintentional Tort civil matter unintentional acts that results in economic loss, property damage, or physical injuries. (3) Property Torts occur when one’s enjoyment of their private property is interfered with by either acts of trespass or illegal conversion of the private property. (4) Negligence a civil matter resulting damages due to the lack of care or duty that is owed. (5) Strict Liability Torts can be criminal or civil and culpability or finding of fault is not a factor, to name a few. The tort that is evident in the case of Anderson v HDA is an Unintentional Tort resulting in an act of economic loss. The wage deduction and mis-classification of employment status have led to the loss of wages and possible benefits to the plaintiffs and their helpers. The issues that arose in the Anderson v HDA civil lawsuit could have been avoided by utilizing an effective risk management process for contracts review and management. Co-employment issues arise in the third party relationships due to the unknown, so it is beneficial to know as much as possible about all relationships that are encompassed for the work at hand. Understanding the Torts liabilities that can arise in the areas of contract language and negotiations will ensure that liabilities are managed early in the relationship building process. An effective way to manage this risk is to identify the gaps that may exist with employment status classification, ensure that necessary tax forms are completed, monitor direct partnership and obtain direct partnership attestations regarding their direct  relationship with their contractors. The next step is to have an ongoing control mechanism in place to monitor regulations and update business checklist and standard operation procedures. Reference United States District Court District of Massachusetts. (2013). Civil Action 11-10313-GAO. Retrieved from United States District Court District of Massachusetts, website.

Tuesday, July 30, 2019

Is Friar Lawrence a Good Man, Evil Character or Simply a Misguided and Bumbling Individual?

Friar Lawrence plays a strong central character throughout the play, Romeo and Juliet. The Friar is linked to both the Capulet’s and the Montague’s through religion and the church. Friar Lawrence is presented as a â€Å"holy man† who is trusted and respected by the community because he is a priest. Friar Lawrence is an advisor and close friend to Romeo. This is apparent when Romeo addresses the Friar as â€Å"father† and Friar Lawrence addresses Romeo as his â€Å"son. † Romeo goes to Friar Lawrence for help and consolation, for example, when Romeo speaks about Juliet for the first time, Friar Lawrence speaks to him about Rosaline. This shows that their relationship is close as they seem to know a lot about each other and becomes more apparent throughout the play as he influences Romeo’s decisions. This shows the irresponsibility of the Friar as he has broken the stereotype of a regular Friar because he does not always seem to speak to Romeo as a Friar but more so as a friend. Romeo asks Friar Lawrence â€Å"that thou consent to marry us to-day. † Friar Lawrence thinks at first that Romeo is moving on too quickly from Rosaline and does not think he is doing the right thing. Young men’s love then lies not truly in their hearts, but in their eyes. † Friar Lawrence’s advice seems to be good because he believes that Romeo just says that he loves anyone or says it when he thinks he is in love until the next woman comes along. A Friar would not usually say that to anyone and this is showing that their relationship is unprofessional. Whilst Friars do advise people, this seems to have been unprofessional. Friar Lawrence quickly changes his attitude and decides to unite Romeo and Juliet in marriage. He believes that this will end the feud between their two families. For this alliance may so happy, to turn your households’ rancour to pure love. † Friar Lawrence’s first motive was to create peace for their families. Friar Lawrence at the same time could have also thought of uniting Romeo and Juliet to boost his own status in Verona. He could have wanted to portray himself in a more respectable light to show that he ended the vendetta between the Montague and Capulet families. In secret, Romeo and Juliet marry, without their parent’s permission. Friar Lawrence is seen as a figure that is a highly trustworthy character of great importance. By performing the marriage, he is keeping secrets from the two wealthiest and most powerful families in Verona, which would be seen as a sin for a Friar. In going ahead with the clandestine marriage, it shows that he can be devious and untrustworthy in order to protect himself as he does not want the blame if anything goes wrong. When Romeo killed Tybalt, his punishment was banishment and was ordered to Mantua. Romeo goes to Friar Lawrence for more guidance on what to do. â€Å"Go get thee to thy chamber, hence and comfort her. Friar Lawrence encourages Romeo to go to Juliet’s home and consummate their marriage, knowing that the differences between the families are now inconsolable. Friar Lawrence knew that if Romeo was to get caught at the Capulet’s home with Juliet, Romeo would have been killed and this demonstrates that he was willing to sacrifice Romeo’s life by sending him there in order to make sure that the marriage was not annulled. Friar Lawrence was ma king sure it happened so that the plan in his mind was going to work. He thinks he will still gain power and recognition so everyone is happy in the future. Friar Lawrence is shown as a good man as Romeo and Juliet are grateful for his help in making sure they spend their wedding night together. However, giving this advice to Romeo can also illustrate that he is a bumbling individual because he is putting Romeo’s life in danger. Friar Lawrence devised another plan for Juliet to help her escape from her father and the arranged marriage. â€Å"And if thou dar’st, I’ll give thee remedy. † Friar Lawrence plans on giving Juliet a drug that will make her sleep for 48 hours, but at the same time, make her seem dead. The Friar also tells her that he will write to Romeo to inform him of the new plan. Friar Lawrence’s egotistical attitude seems to have caused more grief than comfort. By suggesting that Juliet drinks the potion, he shows a more selfish side to his personality. I believe that the Friars intensions are still good at this point, however he could be trying to save himself from the situation as he may have doubts about the upcoming events, showing that there is a very unforgiving side to him. Friar Lawrence has to be devious in order to carry out the new idealistic plan. As a priest, he should not lie in any situation. Friar Lawrence asks â€Å"come, is the Bride ready to go to church? † to the Capulet family. He already knew full well that the wedding was not going to go ahead, however by saying this to the family, he is pretending that he knows nothing and gets prepared to bury Juliet. This shows how deceptive the Friar can be as he remains very composed throughout the day, which only reinforces his superiority and confidence amongst the community. As Juliet awakes from her planned long sleep, she asks Friar Lawrence â€Å"where is my Romeo? † He tells her he â€Å"lies dead. At this point, Friar Lawrence would have been very worried about his actions and he tries to cover up the lies to fix what happened. He asks Juliet to â€Å"come, I’ll dispose of thee, among a sisterhood of holy Nuns. † Friar Lawrence is afraid of his actions and of being exposed as a failure and liar. Proposing this to Juliet would have been the l ast desperate attempt to help him remain in a good light and not ruin his reputation for good. Friar Lawrence asked Juliet to become a Nun to forget about Romeo and start a new life, however, I believe that he only suggested this because he panicked and is afraid that the secrets will be unfolded. In Friar Lawrence proposing this, it shows he has a weak side to his personality as he is portrayed as a bumbling individual who shows concerns, only for himself. Friar Lawrence may have got involved in Romeo and Juliet’s plans so much that he found it hard to let go and thought he could keep helping. The Friar knew in his mind that it was wrong to help Romeo run away with his lover, (Juliet) however, because he was more than a priest to Romeo and Juliet, he knew they were in a desperate situation and did genuinely want to help. To conclude, Friar Lawrence was a good man. Friar Lawrence played a controlling role into being responsible for the marriage, all aspects of the plans, meetings/reunions and the potion. The Friars motive never intended for the deaths of Romeo and Juliet to occur as he did come across to be genuine to both families (Montague’s and Capulet’s) by wanting to end the feud. Each narrow minded plan was planned to allow, the loved up teenagers (Romeo and Juliet) to be happy together as they were hopeful that their families would be united by their love. Friar Lawrence started off being honourable to both Romeo and Juliet as he could tell they were both in love, however as their plans go off track, one by one, he had to abuse his trusted role more and more. Friar Lawrence’s plans were intelligent because he used his knowledge in medicines and flowers to provide the potion for Juliet. With his experience of herbs and remedies, it enabled him to carry out the potion plan and without him; Juliet would not have been able to fake her own death. Some people may feel that this was a cunning and calculative plan. It can e viewed that the plan was evil as well as the character of Friar Lawrence. In my opinion, l think that the Friar wanted to help and tried to rectify matters as they went wrong to the best of his abilities, he did not think clearly about the consequences of the plans of what potentially could have gone wrong and only thought about the positive outcomes. This could be because he never had the time to sit and think thoug h it, however l thought his plans were simple and effective. Friar Lawrence always wanted to â€Å"do the right thing† since his reputation was paramount to him. In contrast to being a good character, Friar Lawrence does show an evil side to him. His behavioural response when he finds Juliet in the tomb, for example, instead of remaining with her and preventing her death, he flees when he hears the sound of people coming. In his actions, it shows his fear of accepting responsibility and his selfishness. Although Friar Lawrence’s plans seemed achievable at the time, he was naive in his assessment of the feud between the Montague and Capulet households and he hadn’t reflected fully on the implications of Romeo and Juliet’s secret and concealed marriage.

Business Aspects in Banking and Insuarance

Present Scenario of insurance in business The liberalization, privatization and globalization policies of the nation along with the revolution in the field of Information Technology and communication have been advantageous for the insurance sector in India. ? Entry of private players and foreign collaborations: It was on the recommendation of the Malhotra Committee that private players were allowed to enter into the insurance market. Today there are almost 22 players who have entered the Indian insurance market besides the giant Life Insurance Corporation of India (LIC).Another major development that has taken in the field of general insurance is the de-linking of the 4 subsidiaries of the General Insurance Corporation of India (viz. Oriental Insurance Company Ltd. , New India Assurance Company Ltd. , National Insurance Company Ltd. and United India Insurance Company Ltd) from the parent company. ? Marketing strategies and approaches: The entry of private players and their foreign pa rtners has given domestic players a tough time, because the opening up of the sector has not brought in only foreign players, but also professional techniques and technologies.The present scene in India is such that everyone is trying to put in the best efforts. One can see strategies being more for survival than growth. But the most important gift of privatization is the introduction of customer-oriented services. Utmost care is being taken to maximize customer satisfaction. Insurance Sector Today: Opportunities and Challenges Opportunities As compared to the Western countries, where they have already reached a stage of saturation, India can exploit some golden opportunities in the following fields. 1. Mass MarketingIndia is a highly populated country and would continue to be so in the near future. New players may tend to favour the â€Å"creamy† layer of the urban population. But, in doing so, they may well miss a large chunk of the insurable population. A strong case in po int is the current business composition of the dominant market leader – the Life Insurance Corporation of India. The lion's share of its new business comes from the rural and semi-rural markets. In a country of 1 billion people, mass marketing is always a profitable and cost-effective option for gaining market share.The rural sector is a perfect case for mass marketing. Competition in rural areas tends to be â€Å"kinder and gentler† than that in urban areas, which can easily be termed cutthroat. Identifying the right agents to harness the full potential of the vibrant and dynamic rural markets will be imperative. Rural insurance should be looked upon as an opportunity and not an obligation. A smaller bundle of innovative products in sync with rural needs and perceptions, and an efficient delivery system are the two aspects that have to be developed in order to penetrate the rural markets. 2. Job OpportunitiesJob opportunities are likely to increase manifold. The liber alization of the insurance sector promises several new job opportunities for those who are equipped with degrees in finance. Finance professionals who had witnessed a slump in the job market would be much relieved. There will be demand for marketing specialists, finance experts and human resource professionals. Apart from this, there will be high demand for professionals in streams like underwriting and claims management, and actuarial sciences. 3. Inflow of Funds There could be a huge inflow of funds into the country.Given the industry's huge requirement of start-up capital, the initial years after opening up are bound to see a strong inflow of foreign capital. A rise in the equity share of foreign partners to 49 percent will act as a boost to them. 4. Reinsurance Huge capacity is likely to be created in the area of reinsurance. Apart from pure reinsurance activities, which involves providing insurance protection, there will be a revolution in service-related fields like training, seminars, workshops, know-how transfer regarding risk assessment and rating, risk inspections, risk management and devising new policy overs, etc. 5. Marketing Strategies Also, with more players in the market, there will be significant increase in advertising, brand building, and this will benefit whole lot of ancillary industries. A substantial shift is likely to take place in the distribution of insurance in India. Many of these changes will echo international trends. Worldwide, insurance products move along a continuum from pure service products to pure commodity products. Initially, insurance is seen as a complex product with a high advice and service component.Buyers prefer a face-to-face interaction and place a high premium on brand names and reliability. As products become simpler and awareness increases, they become off-the-shelf, commodity products. Sellers move to remote channels such as the telephone or direct mail. Various intermediaries, not necessarily insurance compan ies, sell insurance. In some countries like Netherlands and Japan, insurance is marketed using the Post Office's distribution channels. At this point, buyers look for low price.Brand loyalty could shift from the insurer to the seller. 6. Bancassurance In other markets, notably Europe, this has resulted in bank assurance: banks entering the insurance business. The Netherlands led with financial services firms providing an entire range of products including bank accounts, motor, home and life insurance, and pensions. Other European markets have followed suit. In France, over half of all life insurance sales are made through banks. In the UK, almost 95% of banks and building societies are distributing insurance products today.In India too, banks hope to maximize expensive existing networks by selling a range of products. Many bankers have shown an inclination to enter the insurance market by leveraging their strengths in the areas of brand image, distribution network, face to face cont act with the clients and telemarketing coupled with advanced information technology systems. Insurers in India should also explore distribution through non-financial organizations. For example, insurance for consumer items such as refrigerators can be offered at the point of sale. 7. Information TechnologyWorldwide interest in E-commerce and India's predominant position in Information Technology and software development are also likely to be major factors in the marketing of insurance products in the immediate future. The number of Internet account is increasing and the trend has already been set by some of the leading insurers and insurance brokers worldwide. Challenges If one has opportunities, one has to face challenges; it is like two sides of the same coin. No doubt India has a lot of opportunities coming her way, but there are a few challenges and threats as well.The four main challenges facing the industry are product innovation, distribution, customer service, and investment s. Unit-linked personal insurance products might find greater acceptability with rising customer awareness about customized, personalized and flexible products. Flexible products and new technology will play a crucial role in reducing the cost and, therefore, the price of insurance products. Finding niche markets, having the right product mix through add-on benefits and riders, effective branding of products and services and product differentiation will be some of the challenges faced by new companies. . Technology In today's highly competitive financial services environment, effective organizations will employ technology in a strategic way so to achieve a competitive edge. Technology will play an increasing role in aiding design and administering of products, as well in efforts to build life-long customer relationships. At the same time, investment in technology will only help as long as firms find the right people: people with the right attitude, values, and ethics, commitment to excellence, and focus on customer service.The critical success factor is a top-down emphasis on exceeding customer expectations with quality people, excellent products, and legendary service. As has been seen in other financial services, the entry of private players ensures that the customer will be the beneficiary in the long run. It will also result in enlarging the market and extending the reach of insurance across the country. 2. Competition Thus, apart from the normal issues facing any new company, many new Indian private insurance players will need to cope with the challenges of working with a joint venture partner.They will be competing with large and well-entrenched government-owned players. They have to overcome regulatory hurdles, change the attitude of new recruits and satisfy some very high customer expectations. Also, the players will have to consider the Indian market as a long-term investment, and maintain clear-cut objectives and constant monitoring at all levels. Co nclusion ? Nationalized players will continue to hold strong market share positions: Over the past three years, around 40 companies have expressed interest in entering the sector and many foreign and Indian companies have arranged anticipatory alliances.The threat of new players taking over the market has been overplayed. As is witnessed in other countries where liberalization took place in recent years, we can safely conclude that nationalized players will continue to hold strong market share positions, but there will be enough business for entry to be profitable. ? Recognizing the potential market Opening up the sector will certainly mean new products, better packaging and improved customer service. Both new and existing players will have to explore new distribution and marketing channels.Potential buyers for most of this insurance lie in the middle class. New insurers must segment the market carefully to arrive at appropriate products and pricing. Recognizing the potential, in th e past three years, the nationalized insurers have already begun to target niches like pensions, women or children. ? Facing competition and challenges Competition will surely cause the market to grow beyond current rates, create a bigger â€Å"pie,† and offer additional consumer choices through the introduction of new products, services, and price options.Yet, at the same time, public and private sector companies will be working together to ensure healthy growth and development of the sector. Challenges such as developing a common industry code of conduct, contributing to a common catastrophe reserve fund, and chalking out agreements between insurers to settle claims to the benefit of the consumer will require concerted effort from both sectors. Objectives of Insurance: 1. Risk Sharing: insurance is mechanism adopted to share the losses that might occur to an individual or his family on the happening of a specified event.The event may be death of earning member of the family in case of life insurance, marine perils in marine insurance and other certain events in miscellaneous insurance. The loss arised from thee events if insured are shared by all the insured in the form of premium. Thus, risk is transferred from one individual to a group. 2. Co-operative Device: Insurance is a cooperative device under which a group of persons who agree to share the financial loss may be brought together voluntarily or through publicity or through solicitation of the agents.An insurer would be unable to compensate all the losses from his own capital. Therefore, by insuring a large number of persons, he is able to pay the amount of loss. Like all other cooperative devices there is no compulsion on anybody to purchase the insurance policy. 3. Saving: Insurance is a saving device, particularly the life insurance. The claim is certain in case of life insurance, while it is not certain in general insurance. Therefore, life insurance is considered as saving because; the insu red party gets the sum assured plus bonus at time of maturity.Therefore, life insurance is considered as a savings device. 4. Economic Security: Insurance provides economic security for such losses arising out of happening of insured event such as personal accident. Insurance is a protection against uncertainties of life. It provides monetary compensation for losses suffered due to happening of uncertain events, insured under the policy of insurance. Insurance is a shelter against financial losses arising out of occurrence of an anticipated accident. Thus, it provides economic security to the family of insured person or his property. 5.Economic Development: One of the most important factors contributing to the process of economic development is the capital formation. The relation ship between capital formation and insurance services in both the developed and developing economies of the world has been quite prominent and noteworthy. The savings from the household sector constitute th e major proportions of the total savings in the country. The household savings constitute physical and financial. The insurance is a financial savings. As the economy progresses and attains maturity, progressively larger proportion of savings is invested in the financial assets like insurance. . Capital formation: Capital formation is the increase in capital stock of a country consisting of plant, machinery, equipments, tools, factory buildings, raw materials etc. Capital has always been regarded as a means of increasing production, in the economy and thereby contributing to the future stream of income to the economy as a whole.The process of capital formation envisages real savings, channelising savings and the act of investment. Insurance service acts as a tool to mobilize savings and indulge in direct investment. Principles of Insurance ) Utmost Good Faith: It means a positive duty to disclose accurately and fully all the facts material to the risk being proposed, whether request ed or not. Every circumstance is material whish would influence the judgement of a prudent insurer in fixing the premium or determining to accept the risk. The breach of utmost good faith arises due to misrepresentation or non-disclosure. Insurance is a contract, and each party can examine the item or service, which is the subject matter of the contract. Therefore, the proposer (the one taking the policy) should disclose accurate information as asked by the insurance company, e. . facts relating to age, health, habits, and personal history. If any information is considered to be fraudulent, then the contract is null and void. Under Sec 45 of the Insurance Act, 1938, the insurance company can cancel a policy up until 2 years, but not after after the policy is signed on the grounds of inaccurate or false statement. 2) Insurable Interest: Insurable interest is the legal right of the insurer, arising out of a financial relationship recognized under law between the insured and the subjec t matter of insurance.The interest in the subject matter of a contract of insurance provides the insured person with the right to enforce the contract. All risks are not insurable. In order to be insurable, the risk must be capable of financial measurement. Insurable interest is said to exist when the person insuring stands to lose, if the event insured against occurs. E. g. a person has insurable interest in his own life. Husband and wife have an insurable interest in each other. The main objective of insurable interest is to prevent people from wagering or gambling on the lives of the others. An insurance company cannot issue a policy without insurable interest.In case of non-life insurance, the existence of insurable interest is:- a) Ownership of a property or asset like a car, flat, etc. clearly establishes insurable interest in the property. b) An employer has an insurable interest in the employees working with him in good health. c) A bank has an insurable interest in the loya lty and integrity of its cashiers and managers. d) A businessman has an insurable interest in the stock of goods, vehicles, furniture and machinery. e) A vehicle owner has an insurable interest even in an unknown third party, who may be potentially injured in any accident involved with the vehicle. ) Indemnity: The basic purpose of insurance is to compensate loss and not to allow profit from insurance contract. The insurance company pays compensation to the insured party only in case of loss due to some perils. If there is no such loss, no compensation is to be paid. According to the principle of indemnity, the actual loss incurred by the insured party is to be compensated by the insurance company, as per the terms and conditions laid down in the policy. For this purpose, the insured has to make a claim to the insurance company within a specified period after the occurrence of certain event.The insured party should not make a profit from any insurance contract. The object of insuran ce is to restore the financial position of the insured. 4) Subrogation: Subrogation means the automatic transfer of rights and remedies of the insured to the insurer upon the insured having received the benefits of insurance. For example, a company has insured a car. If the car meets with an accident which damages the car beyond repair, and the company pays full value of insurance to the person for the car, the company has full right to take away the damaged car. The person has no rights left on the car.The principle of subrogation arises from the basic principle of indemnity. When the insurer indemnifies the insured to the extent to his loss and not more than that, the salvaged property goes towards reducing the loss of the insurer. 5) Contribution: The principle of contribution applies when the insured has taken more than one insurance policy for the same risk from more than one insurance company. In case of loss or damage is incurred and if the insured gets benefits from all the insurance companies, the insured will get more profit than his actual loss.The principle on indemnity will not be followed in such a case and it will be against the law of insurance. Therefore, insurance contracts include the principle of contribution expressly. The principle of contribution works in a manner where each insurer pays only that proportion of the risk, as is represented by proportion off the sum assured to the overall sums assured by the different insurers. Whenever, the principle of contribution applies, the insurers make the insured responsible to file the claims in the correct proportion with the insurers. E. g. , A person takes a policy for Rs. 0000, Rs. 100000, and Rs. 150000 for the same thing. He will claim the insurance in the ration of 1/6, 1/3, and ? respectively. 6)Nature of contract-It is the fundamental principle of insurance required for a valid contract. A contract of insurance comes into existence when therte is an offer or proposal ; acceptance of the same by other. It has to satisfy all essential elements of a simple contract. To insurance contract to be valid one must be competent enough ; with sound mind. Premium is yhe consideration that must be given for the commencement of insurance contract.The object of the contrct should be lawful. 7) Risk must attach-It is essential for a valid contract of insurance. A contract of insurance can be enforced only if the risk is being attached. Premium is the consideration of the risk by the insurance companies. If there is no risk in the subject matter there should be no premium. 8)Mitigation of loss-It is applied in valid insurance contract. In the event of some mishap to the insured property ,the insured must make necessary effort to safeguard his remaining property ; minimize the loss as much as possible. ) Terms of policy- An insurance policy is for a specific period or time often the nature of risk against which insurance is sought determines the period or the life of the policy. a c ontract of fire insurance is normally for a period of one year. The primary functions of insurance include the following: Provide Protection – The primary function of insurance is to provide protection against future risk, accidents and uncertainty. Insurance cannot check the happening of the risk, but can certainly provide for the losses of risk. Insurance is actually a protection against economic loss, by sharing the risk with others.Collective bearing of risk – Insurance is a device to share the financial loss of few among many others. Insurance is a mean by which few losses are shared among larger number of people. All the insured contribute the premiums towards a fund and out of which the persons exposed to a particular risk is paid. Assessment of risk – Insurance determines the probable volume of risk by evaluating various factors that give rise to risk. Risk is the basis for determining the premium rate also Provide Certainty – Insurance is a devic e, which helps to change from uncertainty to certainty.Insurance is device whereby the uncertain risks may be made more certain. The secondary functions of insurance include the following: Prevention of Losses – Insurance cautions individuals and businessmen to adopt suitable device to prevent unfortunate consequences of risk by observing safety instructions; installation of automatic sparkler or alarm systems, etc. Prevention of losses cause lesser payment to the assured by the insurer and this will encourage for more savings by way of premium. Reduced rate of premiums stimulate for more business and better protection to the insured.Small capital to cover larger risks – Insurance relieves the businessmen from security investments, by paying small amount of premium against larger risks and uncertainty. Contributes towards the development of larger industries – Insurance provides development opportunity to those larger industries having more risks in their settin g up. Even the financial institutions may be prepared to give credit to sick industrial units which have insured their assets including plant and machinery. The other functions of insurance include the following:Means of savings and investment – Insurance serves as savings and investment, insurance is a compulsory way of savings and it restricts the unnecessary expenses by the insured's For the purpose of availing income-tax exemptions also, people invest in insurance. Source of earning foreign exchange – Insurance is an international business. The country can earn foreign exchange by way of issue of marine insurance policies and various other ways. Risk Free trade – Insurance promotes exports insurance, which makes the foreign trade risk free with the help of different types of policies under marine insurance cover.IRDA The Insurance Regulatory and Development Authority (IRDA) is a national agency of the Government of India, based in Hyderabad. IRDA is the admi nistrative agency of Government of India for insurance sector supervision and development. It was formed by an act of Indian Parliament known as IRDA Act 1999, which was amended in 2002 to incorporate some emerging requirements. Mission of IRDA as stated in the act is â€Å"to protect the interests of the policyholders, to regulate, promote and ensure orderly growth of the insurance industry and for matters connected therewith or incidental thereto. As per the section 4 of IRDA Act' 1999, Insurance Regulatory and Development Authority (IRDA, which was constituted by an act of parliament) specify the composition of Authority. The Authority is a ten member team consisting of (a)  Ã‚  Ã‚   a Chairman; (b)  Ã‚  Ã‚   five whole-time members; (c)  Ã‚  Ã‚   four part-time members, They are all appointed by the government of India. [pic]The law of India has following expectations from IRDA:- 1) To protect the interest of and secure fair treatment to policyholders. ) To bring about sp eedy and orderly growth of the insurance industry (including annuity and superannuation payments), for the benefit of the common man, and to provide long term funds for accelerating growth of the economy. 3) To set, promote, monitor and enforce high standards of integrity, financial soundness, fair dealing and competence of those it regulates. 4) To ensure that insurance customers receive precise, clear and correct information about products and services and make them aware of their responsibilities and duties in this regard. ) To ensure speedy settlement of genuine claims, to prevent insurance frauds and other malpractices and put in place effective grievance redressal machinery. 6) To promote fairness, transparency and orderly conduct in financial markets dealing with insurance and build a reliable management information system to enforce high standards of financial soundness amongst market players. 7) To take action where such standards are inadequate or ineffectively enforced. 8 ) To bring about optimum amount of self-regulation in day to day working of the industry consistent with the requirements of prudential regulation.Slow Growth Of Insurance Business In India 1) Volatile market The people in India who invest their money in the volatile market of India see the upper layer of the insurance industry and say that one can think positive about this sector, but the index chart showing the recent growth figures are having different story to tell. 2) Security downfall in insurance sector Many in India consider the insurance sector as the secured one but the recent downfall in the premium income of private and public life insurance and eneral insurance companies clears this myth. The figures that came out in the light, regarding the premium income of insurance industry clearly show that Insurance in India is not recession proof. Downfall started from the life insurance sector of India where the major and most trusted companies have not recorded much impressive premium income. 3) Mixed results of growth and downfall of insurance business The insurance industry of India is not only witnessing this decline in life insurance sector but is also looking south with its general insurance biz.The recent data shows the slow negative growth of the general insurance industry in India with both public and private companies giving out mixed results. In the first quarter of the current fiscal where the public sector general insurance companies like United India, New India Assurance and Oriental Insurance have recorded the growth of 14%, 7% and 10% respectively, while PSU National Insurance has resulted in the negative growth of 2%. 4) Low penetration of general insuranceThe penetration of general insurance in India remains low on account of low consumer preference, largely untapped rural markets and constrained distribution channels, one of the biggest constraints facing the general insurance business is the lack of reach beyond the cities. With the pri vatization of the Indian insurance sector in 2000, competing among the insurance players has increased manifold ; each insurance player is coming up with innovative channels ; insurance products to meet the needs of different people. Thus, it is clear that the face of life insurance is changing.But with the changes come a host of challenges ; it is only the credible player with a long term vision ; a robust business strategy that will survive. According to the latest figures released by the Insurance Regulatory and Development Authority (IRDA), of the total 22 life insurance companies, only nine companies managed to mop up new business premium, most of them being smaller companies. Among major players, only Reliance Life and SBI Life managed to get more business and witnessed a growth of 6. 88 and 0. 89 per cent respectively.At present there are 22 life insurance companies in India, including the State-run Life Insurance Corporation Swiss Re, the largest reinsurance company, has sai d that insurance in the emerging markets is expected to grow at a slower pace in 2008 and 2009, but its longer term growth prospects remain positive. In India growth of new business in life insurance fell from 145. 7% in 2006 to 9. 6% in 2007. Annual growth is likely to drop from the 2002 to 2007 levels of 11. 4% in life and 10. 6% in non-life to 7-10% in life and 3-8% in non-life between 2008 and 2013, said the company its latest Sigma report.Growth in the life market slowed from 18% to 14% in 2007. Speaking of private general insurance companies, some big players like Reliance General Insurance and Tata AIG General Insurance have witnessed the negative growth. The other players in the same category like Bajaj Allianz General and ICICI Lombard Insurance have reported the southward growth of 13 and 21 percent respectively in the June quarter. Lack of good insurance advisors. Reasons for Slow Growth 1. Slackness in the economy and the markets has put the brakes on the high speed grow th of private life insurance companies. 2.Life insurance companies have slowed down recruitment due to tardy growth in the new business and focus on cost-cutting 3. Ineffective distribution networks 4. Delay in settlement of claims – lengthy procedures 5. Fraud cases : Fraudulent and dishonest claims are a major problem for the insurance industry. An example of life insurance fraud is the John Darwin disappearance case, an ongoing investigation into the faked death of British former teacher and prison officer John Darwin, who turned up alive in December 2007, five years after he was thought to have died in a canoeing accident.Darwin was reported as â€Å"missing† after failing to report to work following a canoeing trip on March 21, 2002. He reappeared on December 1, 2007, claiming to have no memory of the past five years. Reasons for Slow Growth (contd) 1) Poor marketing strategies: India is a developing nation and is new to all these marketing strategies if compared at international standards. Keeping in mind the poor literacy rate of the country, there should be such strategies prepared which not only target the urban areas but also tap and concentrate on the rural areas for basic and vital insurance policies. ) Low consumer awareness: Due to lack of awareness, yet, nearly 80% of Indian population is without life insurance cover while health insurance and non-life insurance continues to be below international standards. And this part of the population is also subject to weak social security and pension systems with hardly any old age income security. This, itself is an indicator that growth potential for insurance sector is immense, however, it is slow, one reason being lack of awareness.In order to spread awareness, the insurance companies should have differences in approach for rural and urban areas as per the lifestyle, literacy of people. For eg : crops insurance, house insurance for people in rural areas and farmers with low sources of in come should be made aware of in a less complex manner. 3) Lack of competition: public and private insurance companies more or less offer policies with similar terms and conditions. Hence, differentiation lacks which leads to less competition in the insurance sector. ) Government monopoly: there are private and public insurance companies in the insurance sector. However, the government provides financial aid and encouragement only to its own public institutions. Evidently, the government will only support and favor its own agencies. There is concentration of power and due to this there can’t be an overall and fair development in the insurance sector.5) Inefficiency in management: there is a lot of scope and potential for growth in the insurance sector if men, material and money are managed in the best manner. All sections of society should be tackled in an organized anner with suitable strategies so that the objectives of insurance are materialized. 6) Liquidity crunch: due to reasons such as recession, liquidity has dried-up in the economy and hence people are hesitant concerning long-term investments such as insurance. Only when the liquidity situation eases, will the people become comfortable with locking in money for insurance as it is a long-term commitment and requires payment at regular intervals on a quarterly or yearly basis. 7) Financial malpractices: due to inefficiency and lack of verification there are financial malpractices.For eg: car insurance, the insurer may claim more than the actual damage of his car and give other causes for the accident when it is probably his fault. Such practices are illegal. FUTURE PROSPECTS OF INSURANCE IN INDIA With a huge population base and large untapped market, insurance Industry is a big opportunity area in India for national as well as Foreign investors. India is the fifth largest life insurance market in the emerging insurance economies globally and is growing at 32-34% Annually. Life insurance market ha s propelled the Indian lifeInsurance agents into the ‘top 10 country list' in terms of Membership to the Million Dollar Round Table (MDRT) — an Exclusive club for the highest performing life insurance Agents. Total life insurance premium in India is projected to grow Rs 1,230,000 Crores by 2010-11. — Total non-life insurance premium is expected to increase at a CAGR of 25% for the period spanning from 2008-09 to 2010-11. A major study on the Indian insurance sector by consultancy firm McKinsey & Co says less than a third of the life insurance agents meet minimum raining and sales standards set by their companies. It said the life insurance market could easily double to $100 billion in five years Entitled India Insurance 2012: Fortune Favours the Bold, it estimates that higher per capita income will be the key driver of higher demand for insurance products. By 2012, Indian household will be paying premium of up to Rs 4,100 from the current Rs 1,300 India’s ratio of life insurance premium to its GDP is around 4% against 6-9% in the developed world. But, the report claims it could rise to 6. % by 2012, in tandem with the country's demographic profile By 2012, almost 40% of the urban population is likely to have some form of life insurance cover, while in rural areas too it could touch 35%. Current levels are 30% and 25%, respectively FUTURE PROSPECTS OF INSURANCE IN INDIA (CONTD.. ) Insurance 10 years back in India basically was popular only for Life and to some extent for cover against Fire with only players like LIC,GIC etc. and this was one of the contributing factors for the growth of insurance being slow in India.This scenario changed with the entry of private players in the market. With competition came more innovation which ultimately is benefiting this industry in general. Latest 2 examples of innovations are agricultural/crop insurance and wedding Insurance. Bajaj Allianz Insurance has plans for protection against any losses in wedding preparations. The prospect that Insurance industry in India has a bright future can also be believed as not only big corporate houses like Reliance, Tatas and Birlas have stepped in this sector but also big banks like ICICI, SBI, HDFC are a part of it.This is a very positive indication for this sector with also more foreign players trying to come to India. India has an ever increasing population which just increases more and more market for the insurance industry. With more terror attacks and man made calamities and increasing natural calamities like rain deluge, draught, earthquakes etc. there is an increasing feeling of insecurity which is exactly what this industry thrives on. Hence, Insurance has very bright prospects in India. [pic]

Monday, July 29, 2019

Please refer to the attachment Essay Example | Topics and Well Written Essays - 500 words - 1

Please refer to the attachment - Essay Example The Convention on Cybercrime is an international treaty to encounter all the cybercrimes associated with computer and internet. It was strategized by Council of Europe on 23rd November 2001 which came into enforcement on 1st July 2004. This convention is also known as Budapest Convention. Canada, Japan and China also participated in the Convention. The Convention of Cybercrimes gave a platform to all the nations across the world to adopt various techniques and strategies to investigate and take serious measures against any group or an individual that poses cyber threat to any other group or an individual. The convention provoked the participating nations to adopt a uniform and common criminal policy in order to protect the society from any cybercrime or activities that may harm the reputation of an individual or a group. The Convention highlighted various emerging threats associated with the usage of computer and the internet which include copyright infringements, identity theft, financial frauds, child pornography, unlawful access to sensitive data and information, virus attacks on sensitive computers and database and misuse of devices. This is a good step taken by Council of Europe which ensures protection of individuals and the groups against all the ill-legal activities associated with cybercrimes. The treaty stresses all the countries to play an effective role in this regard. This step will enhance greater international harmony among the nations and they will work together against all such groups who pose threats to an individual or to a group when working online. The nations were in dire need to establish a uniform code of conduct and a uniform legal policy to encounter such issues. However, the treaty needs to elaborate more widely the actions to be taken against any culprit found associated with such criminal activities and how the nations will deal with such threats on a

Sunday, July 28, 2019

Approach to Care Assignment Example | Topics and Well Written Essays - 1750 words

Approach to Care - Assignment Example However, with several studies of the disease underway, a number of methods to lessen the psychological and physical effects are available. This paper is a critical approach to breast cancer diagnosis and staging, complications, side effects of treatment and the methods to address the after treatment effects. Breast cancer is a disease that attacks the mammary glands and is common in women with a few cases in men. It is at times found after the appearance of symptoms, but on other instances early breast cancer does not show any of the symptoms (Tests & cancer, 2014). Therefore, there is need for time to time screening tests to ascertain if there is infection. The diagnostic test is carried out to establish the type of breast cancer the client suffers from before different therapies are initiated. For instance, if the patient’s cancer is positive oestrogen receptor, an endocrine therapy is adopted whereas if she has a positive HER2, a trastuzumab approach is warranted. The difference between the two is that, HER2 implies that the cancer cells have a protein facilitating their growth whereas the positive receptor oestrogen (ER-positive) breast cancer means that the cancer growth is facilitated by estrogen hormone (Nice.org.uk, 2014). In the diagnosis process, the doctor may ask the patient questions about symptoms, any other illness, and the duration of pains. The doctor will then carefully examine the breast for any lumps, the texture, and extent in comparison to the skin and may be chest muscles. In addition, any changes in breast nipples ought examination as well as the lymph nodes within the armpit and the collarbones. Such examination is necessary because the presence of firm and enlarged lymph nodes may point to a multiply of breast cancer. If the physical examination results suggest breast cancer presence, the doctor

Saturday, July 27, 2019

Indigenous Identity Essay Example | Topics and Well Written Essays - 500 words

Indigenous Identity - Essay Example Religion offers guidance in every matter. People choose to do whatever they like, but refer to religion when they have to assess the legitimacy of their acts. The African American community believes in the power of religion. Although different African Americans have embraced different religions, with the majority of them being Christians or Muslims, yet their underlying belief in religion as the source of guidance is evident from them being the followers of one religion or another rather than being atheists. A vast majority of African Americans are democratic. Issues that are important to them today include but are not limited to racial profiling, poverty, racial disparity, lesser opportunities of health care, and institutional racism. Irrespective of all these socio-economic and political issues, African Americans are just as concerned for the prosperity and well-being of the USA as the White Americans are. African Americans derive their social and cultural values from the religion, and with the majority of them being the followers of Abrahamic religions, African American communities are generally more conservative in their stance on homosexuality and thus condemn gay marriages. According to Jones, the most significant changes in the traditional indigenous identity of the African Americans include gender roles in families, and oppression to racial segregation in the society. African American families have suffered from the torture of slavery resulting into a broken family system for a long time in history. With the end of slavery, men started dominating the women in the African families. But things started to change after the second half of the 20th century. Particularly, near the last three decades, more and more African American women have gained higher education and are contributing to their families financially. This has not only helped alleviate poverty, but has also

Friday, July 26, 2019

Literature Research Paper Example | Topics and Well Written Essays - 1250 words

Literature - Research Paper Example In the end, marriage and love undermine Helena and Hermias friendship, destroying their chance to have the kind of relationship Woolf and other feminists dream of. The desire of Helena and Hermia to get married, and the relationship Oberon has with his wife Titania, show that "A Midsummer Nights Dream" ultimately reinforces the cultural subordination of women by their husbands and lovers. As Roberts points out about Elizabethan drama in general, "unless we are very careful, these plays reinforce for women their inherited and culturally sustained sense of their own insignificance" (367). The same is certainly true of A Midsummer Nights Dream in specific; the play reinforces traditional gender roles which require women to get married and nothing else. This can be seen in the fact that all of the main female characters only want to get married. Even the dramatis personae describes the women characters as "in love with" their lover, or as "betrothed" to them. As Woolf suggests, the women are only described based on the men they associate with (82). Additionally, "A Midsummer Nights Dream has 13 men to 4 women" (Roberts 367). This shows that the play is more interested in men than women, even if the women characters do play such an important role, relatively speaking, to those of the male characters. Of course, the main female characters are Hermia and Helena. Their goals are both marriage, and both of them seem at first to be good Feminist role models. After all, they have both fled with their preferred lover, denying their fathers wishes by refusing to marry the men their fathers prefer. In the first act, Theseus warns them of the consequences of their disobedience. If Hermia does not marry Demetrius instead of Lysander, she will have either "to die the death, or to abjure / For ever the society of men" (I.i.65-66). Even when threatened with execution or being sent to a nunnery, though, Hermia is unrepetant: She would

Thursday, July 25, 2019

TEDSBOX Packaging and the benefits in the Food and Beverage Industry Essay

TEDSBOX Packaging and the benefits in the Food and Beverage Industry - Essay Example The main component of the packaging system is creating a controlled environment. Temperatures form the most significant component of CCPs. As such, with the packaging system, temperatures are controlled to ensure that the contents are transported at a favorable environment. The food and beverage industry is a beneficiary of the new system. The process of food and beverage production is a cyclical process. It commences from production to packaging, distribution, and consumption. In an instance whereby food products are transported but reach the customer while stale, the products are not fit for consumption. With the TEDSBOX, the environmental deviation systems are put on track to ensure that the cycle is efficient. If the entire food and beverage consignment reaches the consumer in the desired quality, the production process is considered as efficient; hence, maximizing sales. Tracking the environmental deviation system is a new technology that ensures that the production to consumption process is complete with minimal wastage. As such, the new packaging eliminates the chancing that distributors relied on to bridge the products from producers to consumers. Distributors can control the environment in which they transport different food and beverage products; hence, reducing the risk of contamination and obsolescence (Perishable Goods Shipping Problems). Bryan, F. (1992). Hazard analysis critical control point evaluations: A guide to identifying hazards and assessing risks associated with food preparation and storage. Geneva: World Health

Wednesday, July 24, 2019

International Strategic Management Essay Example | Topics and Well Written Essays - 3000 words

International Strategic Management - Essay Example So, it is evident that for an organization to become sustainable it has to optimally care for people as well as the planet and this brings into the picture the concept of Triple Bottom Line (TBL). This concept is also known as the ‘people-planet-profit’ approach because as the name suggests, organization must have three different bottom lines of people, planet, and profit to function effectively and achieve success. However, this concept might not be applicable to the organizations during certain situations, necessitating corrective strategies. So, this concept of the Triple Bottom Line (TBL) will be evaluated here firstly focusing on how it is indeed useful for businesses and then discussing the difficulties of measuring the social and environmental contributions that a business makes and how these difficulties can be managed. Triple Bottom Line (TBL) was originally an accounting framework which focused mainly on profits, return on investment, and shareholder value. However, it was John Elkington who reoriented this concept to include environmental as well as social dimensions in 1980s. He further strengthened this reorientation by coining the phrase â€Å"people, planet, profit† in 1994. Elkington (2004, p.3) has defined TBL as the concept that â€Å"focuses corporations not just on the economic value they add, but also on the environmental and social value they add (or destroy)†. Elkington brings in broader perspectives by referring TBL to all the processes, issues, and values that organizations have to manage in order to eliminate or minimize their negative impacts on the social and environmental aspects. â€Å"This involves being clear about the company’s purpose and taking into consideration the needs of all the company’s stakeholders—shareholders, customers, emplo yees, business partners, governments, local communities and the public† (Elkington 2004, p.3). Chapman & Milne (2004)

Marketing and Promotion Research Proposal Example | Topics and Well Written Essays - 1000 words

Marketing and Promotion - Research Proposal Example One of the most common used of promoting the products is the use of different celebrities to endorse the product. Identify the specific advantages and disadvantages of using celebrities as part of the advertising program - this can be obtained though in-depth research on the different industries using specific styles of media advertising through celebrity endorsements On the other hand, a series of interviews with some media advertisers will also be conducted so as to have a better idea on why celebrities are used in endorsing a certain product and how the consumers react to such form of media advertising. Results and discussion of the study will be obtained by analyzing the results of the interview conducted and correlating it with the research. Mean, mode and percentage will be obtained in getting the best possible results. These will then be tabled and graphed for easy presentation of data. More so, there will be a analytical analysis of the information that will be gathered from the interview. A part of the result and discussion will then be limited to what the interviewees will reveal. This will be considered as the only limitation oft his research paper. CRITICAL PATH Reference: Bhattacharyya A., (2005) "Advertising in Specialized Markets: Example from the U.S. Pharmaceutical Industry," Boston College working Paper No.610, http://fmwww.bc.edu/ec.p/wp610.pdf, Brown, Alex. (1996). "BUAD 301, Introduction to Marketing" Butters Gerard R., (Oct.,1977) "Equilibrium Distributions of Sales and Advertising Prices," The Review of Economic Studies Vol. 44 No.3: pp.465-491 Grossman G.M. and Shapiro C., (1984) "Informative Advertising with Differentiated Products," Review of Economic Studies Vol.5 No.1,: pp. 63-81 Haller H and Chakraborti S., (2002) "An Analysis of Advertising Wars," http://www.econ.ku.dk/CIE/Discussion%20Papers/2002/pdf/Haller%2003.pdf Kaldor Nicholas, (1950) "The Economic Aspects of Advertising," Review of Economic Studies Vol. 18: pp. 1-27 Manski C.F., (1993) "Identification of Endogenous Social Effects: The Reflection Problem," Review of Economic Studies Vol.60 No.3,: pp. 531-542 Rubin P. H., Schrag J. L., (1999) "Mitigating Agency Problems by Advertising, with Special Reference to Managed Health Care," Southern Economic Journal Vol. 66, No.1,: pp. 39-60 Stigler George J., (June 1961) "The Economics of Information," Journal of Political Economy Vol. 69 No.3: pp. 213-225 Tessler L.G., (1964) "Advertising and Competition," Journal of

Tuesday, July 23, 2019

KKK (Ku Klux Klan) Essay Example | Topics and Well Written Essays - 1000 words

KKK (Ku Klux Klan) - Essay Example It was said that the Klan's first leader is the famous general N.B. Forrest, the Calvary Confederate leader. He is called the 'Grand Wizard' or the 'Imperial Wizard'. This is the title given to the Klan's highest leader and was assisted by lower ranking officials of the group. The whole southern country was mapped, organized, and subdivided into several sectors down to the lowest ranks and individual members. 1 Later in 1869, the group became perpetrators of lawless violence and recklessness throughout the continent. Ku Klux Klan members were seen mostly at night, covered in white. They hold silent parades and covered their horses with the same white robes. People regarded the Klan as Confederate soldiers returning from the dead. The Ku Klux Klan spread terror all over the entire land. Their main targets are the blacks, the carpetbaggers, and the scalawags. They effectively kept black men from voting and from joining the electoral process, so as to control the polls, its results and politics in particular. They promote terror through whipping and lynching. And because the Klan became so powerful and uncontrollable, its leaders, headed by General Forrest, ordered and sought to disband the group. He resigned from his position as the Grand Wizard. But then, a lot of its off-shoots still functioned, and it continued on for the next few years.2 The Birth of the Second Ku Klux Klan It was 1915 when the Klan was revived, thus giving birth to the second Ku Klux Klan faction. This group was formed by William J. Simmons, who is a former minister and a popular fraternal order promoter. In October of the same year, he had prepared to reveal the campaign to form the group, together with friends of the same mindset. The second Klan is still focused on restoring the supremacy of the white race. It is promoting fundamentalism as a religion and had a hand in controlling politics during those time, although it professed that it is not a political group. Some of the Klan's noted members were elected as government officials, mostly congressmen and mayors. The Klan still continued on performing extreme measures to counter its assumed enemies, and most of these cases were unauthorized by their central leaders. 3 The most noted and remembered extreme activity undertaken by the second Ku Klux Klan is the murder of three civil rights workers in the summer of 1964, in Mississippi. It was the most horrible crime they committed in the entire regime of the second Klan - it was an execution, not merely an assassination. But in 1930, Ku Klux Klan experience a decline in its members, especially when state laws prohibited the use of masks and the propagation of secret societies. This decline of interest on its members is mainly due to the massive corruption, the wrong doings, and the amassing of wealth for personal gains by its leaders through the influence group.4 The Klan as Hate Group The major example of hate groups working with leaders of several or subsequent affiliations and at the same time working under a common name but covering a lot of distinct factions is none other than the Ku Klux Klan. The Klan was a hate group which did one too many illegal acts of intimidation and violence. The Klan was known to be responsible for the arson of the Black South Caroline Group of Churches, which is a predominantly black institution. The Klan

Monday, July 22, 2019

Natural sites Essay Example for Free

Natural sites Essay The choice of a venue or a site plays a very important role as long as tourism is concerned . The location and the type of sceneries found in a particular place will determine the number of tourists who will be interested in venturing into such a place. This determines the revenue that will be generated as far as that venue is concerned. A site can either be described as natural or manmade. Natural sites or venues are those that owe their existence to the nature man has played very little role for their existence. Manmade venues on the other hand exist because man has played a role through constructing them. Modern tourists look for a package that will satisfy their curiosity while at the same time offer their mind and soul a refreshing opportunity. They also look for a package that will fit their budget without compromising much on the quality. A unique venue is not only attractive to the masses but also offers an opportunity to explore what lies on the other se of the world. Availability of such a site makes an area popular and gives it a place in the world map where people will always associate it with positive things. There are different types of venues at disposal for a tourist to enjoy. Venues available in a given area largely depend on a number of factors. (Adam, H 1997) These factors include: the climate, history of the area, the heritage, geographical conditions among other factors. The most common sites all over the world include the beaches, montains, rivers and animal watching sites such as national parks and orphanages. Uniqueness of a site is determined by the type of sceneries or the availability of rare animals that are either extinct or can only be found in that particular area. There are sites which are described as unique due to the history associated with the particular place The great walls of china are unique in nature as they offer a tourist a chance to get in touch with China history while at the same time connecting with the people of China through understanding what they have gone through. Beaches is the tropics are sites that are very popular with tourists especially from countries that experience winter they attract many men and women who would like to escape harsh weather conditions and enjoy the sun. (Adam, H 1997) These areas are described as unique venues since they have a characteristic that can only be found in these areas. One gets to know and experiences the type of weather that is different from what he or she is used to. This gives a tourist a chance to relax and enjoy fresh air while at the same time getting the necessary warmth that helps in the body metabolism. The pyramids in Egypt are unique as they are in a class of their own offering a type of scenery that can not be compared with any other site in the world. The pyramids being the only wonder of the seven unique wonders of the world that is still in existence is unique as it represents part of history that shaped the world as it is believed this part of the world is the cradle of civilization in the world. Another unique package that is gaining prominence in many parts of the world is the offering a quality type of entertainment for the tourist. This can be in form of dances, song and other forms of entertainment. Tourism frequents these areas due to the type of entertainment that is offered. This type of tourism is referred to as creative tourism which exists as cultural tourism. This is an active type of tourism where tourists actively participate in the cultural activities of the host country. (Sydney, R 2003) This comes in form of performances, interactive workshops and other experiences which are educative in nature. It is attractive and unique in nature such that it attracts people who are willing to spend their money on them. It also offers people a chance to learn new thing and also appreciate other people’s culture. So this type of tourism can be said to promote world peace and integration since people learn to be tolerant to one another and at the same time appreciating the uniqueness of different cultures. This is very common in areas where culture has been retained and there is very little influence from the outside world. Africa at large offers this type of package where tourists from the west and other parts of the world visit different cultures to familiarize themselves with what transpires in them The most visited tourist attractions are largely the most unique venues in the world. They are popular with the masses and a lot of revenue is collected. Many visitors frequent these areas due the type of sceneries at disposal and also due to how the product is presented to the general public. This means that advertising is very crucial as far as promotion of a unique site is concerned. This is done to educate the masses of existence of such a site, what to expect in the attraction and how the site can be accessed among many other tips that potential tourists are given. Conference tourism is becoming very popular today with millions being collected all over the world through targeting the working class and business executives. This type of tourism largely targets the corporate world. Hotels and conference facilities are the biggest beneficiaries. Corporations organize workshops and conferences for their employees and customers and during the entire time that this will be happening they need food and accommodation. This calls for conferences facilities and lodges that will offer services to these people. Hotels and lodges that offer a unique opportunity to its client to enjoy its facilities will be a popular joint and its profit will be higher. (Sydney, R 2003) The uniqueness of this type of tourism is that it mixes business with pleasure as those attending the conferences tend to get a taste of what the host town or country has to offer. Hotels are main pillars of the tourism as without them tourist would not be spending away from there locations. There are people who visit a particular place just to sample the type of food enjoyed in a particular place. Therefore with good hotels that offer quality services tourist will always frequent such an area due to the good reputation the hotel has acquired. Other unique venues include the animal parks; they offer a very rare opportunity to watch animals of different types in their natural environment. This type of scenario is common in the African countries especially the sub-Saharan countries where animals still exist in their natural environment. The parks in South Africa are unique venues where different types of animals’ co exist in environments that have not been tampered with by man. Watching animals in their homes is a rare opportunity that is worth venturing as it is not only educative but also refreshing as well. (Wabers, K 1994) Of late the number of tourist frequenting these sites has increased dramatically. This can only be attributed with people’s quest to learn more about nature and primarily familiarize themselves with different type of animals that exist in the world. Unique parks in this part of the world grant tourist a rare opportunity to interact with the nature while at the same time getting relaxed from the hassle and bustle of the busy world (Veraget, M 2002) Mountains in different parts of the world have been popular destination for many tourists. There are people who are obsessed with mountaineering such that they have aimed at climbing all the tall mountains in the world. Mountains are beautiful and apart from playing a role in shaping the earth they have contributed immensely towards income generation in many parts of the world as tourists attractions sites. From Himalayans in Asia to Andes and Appalachians in America mountains give such breathtaking scenery that leaves one wanting for more. The snow capped mountains of Africa and Asia illuminate the land giving it such beautiful scenery that attracts people from as far as Australia who come to watch what nature has to offer. (Veraget, M 2002) Water also offers a beautiful venue where people enjoy themselves through swimming, fishing and different types of water sports. From oceans to the seas lakes and the rivers almost all the parts of the earth are bestowed with these water storage bodies that not only quench our thirst but also satisfy us with the type of scenarios they offer and the opportunities they give us to flex our muscles. Water bodies not only provide an abode for the sea animals but also give man an opportunity to enjoy himself and at the same time make money. (Sandra, L 1999) Other unique venues include the museums and historical site which house the heritage of our countries and our community. They also attract people of all walks of lifes, those who are interested in learning about their heritage and the past. (Sydney, R 2003) All these unique venues have a great effect on our lives, the in a way shape our economy as they contribute a good chunk of money as a lot of revenue is generated from tourist related activities. We need to preserve these sites so that we can continue reaping benefits from them and also our future generation can have a taste of what nature has to offer. If we take care of them they will definitely make us proud as many people from different parts of the world will be flocking our land so that they can have to enjoy the creation in its best way. Unique venues will continue to the hope for the tourism as man will always aim at discovering what lies beyond the borders and the special opportunities that can make him advance. We stand to continue making progress as far as tourism is concerned if we utilize the unique sites to our advantage and at the same time keep up with times and try to discover other venues that will continue satisfying the tourists.Its only through innovations that dollars from the tourism will continue flowing Reference: Adam, H. 1997. The Unique Tourist Site in the World. Atlanta, Collins. Sydney, R. 2003. Tourism in the World London. Oxford University Press. Veraget, M. 2002. The Unique Sites in Africa Nairobi. Macmillan Publishers. Sandra, L. and Veraget, M. 2002. Tour and Travel: World Perspective. Sydney, Odessey Wabers, K. 1994. The Historical Sites. Paris, Magnated. .

Sunday, July 21, 2019

Important Functions of Management

Important Functions of Management What is the meaning of nature of business? It means the type or general category of business or commerce which are describing. Mr. Steve Low is a manager who is working in Tahan Insurance Company. He has about 32 years working experience in General Insurance Industry attached with 4 International and Local General Insurance Companies. Mr. Steve Low has 2 years experience working as marketing executive, 20 years as Branch Manager and 10 years as Vice president for southern Region of Penesular Malaysia. Its product includes fire insurance, motor insurance, personal accident insurance, marine cargo insurance and more. For an example, if you buy fire insurance, it can help to cover loss or damage to the stocks and other contents such as fire, lighting and domestic explosion, aircraft, earthquake and volcanic eruption, storm, tempest, flood, explosion, impact damage(including own vehicle)bursting or overflowing of water tanks apparatus or pipes, riot, strikes and malicious damage. Why we need these services? According to Mr. Steve Low this services can provide prompt and immediate services to both our intermediates and the customers. The channels of distribution are through their intermediaries i.e. General Insurance agents, insurance brokers and direct corporate clients. The level of technologies used computer to operate the business. The organisation structure means that the way an organisation arrange people and jobs so that its work can be performed and its goal can be met. The organisation structure of insurance can be divided into three offices which is shown in the diagram below. Each organisation has different jobs and character that they need to be responsible in the things that they take part in. Employees are responsible to define what they do and report to their manager. So that, the branch offices manager will report to regional office and regional office will report to head office. The strength of the company is it has various type of insurance i.e. about 60 insurance products to offer to the market. It has strong leadership in the management level, hardworking and delicate staff to support the organisation. It also has strong channel of distribution to achieve our management goal i.e. big teams of insurance agency force and insurance brokers support and strong base of corporate client. In addition, it also provide prompt and immediate service to our intermediaries and clients i.e. we expertise our service on both policy issuing and claims settlements. Thus, the benefit is it has 24 hours and worldwide protection for accident death and permanent disablement. Furthermore it will also have medical expenses, bereavement allowance, hospital income, travel allowance, ambulance fees, cosmetic surgery resulting from accident and more. Moreover, the weakness of the companies is it high staff turnover due to stiff market competition in labor force. Planning In an organisation, planning is considered one of the most important and major functions in managing a firm. Planning establish goals and objectives to pursue in the future period. The function of planning spans all levels of management from top managers to middle managers. Top managers are involved in strategic planning which sets board, long range goals for the organisation. These goals are the basis for short range, annual operational planning during which top and middle managers determine a specific department objective that may help the organisation to make progress towards the broader, long range goals. Planning usually includes the word where, why, how and what. For example, where you want to go, why you want to go there, how you will get there, what do you need in order to get there and also how will you know if youre there or not. A good planning means good stewardship. Each success in any ventures requires careful preparation and organises planning. Without proper planning and preparation, we are about to fail in whatever we do. Besides, a good planning also helps to conserve natural resources and it will also save your efforts, time and money. Managers plan involves setting up goals and objectives, and defining the actions which is necessary to achieve the goals, in light of the situation. That is, the situation must be analyzed or understood and the appropriate goals and actions must be determined in order to take advantages of opportunities or to solve problems. Managers throughout the organization must develop goals, strategy and operational plans for their work groups that contribute to the success of the organisation as a whole. Setting goals for company helps manager to guide their team mates to obtain success. Manager does not only set goals for the employees but the goal that is set has to be explained thoroughly to the employees so that it helps the employees to understand the importance of the goals better. These goals which are set for the employees can help them to build a friendly team environment in the workplace. An effective goal setting can be a difference in between meeting a deadline for any crucial proj ect and falling short of success. Goals and objectives provide the organisations with a guarantee that can determine a course of action and further guides them in preparing for changes in the future. A goal is defined as a future state which an individual or an organisation strives to achieve. For each goal that an organisation sets, it also includes an objective. An objective is a short term vision and mission with measurable results. Without a clearly organised goals and objectives, organisations will face problems coordinating activities and forecasting future events. There are four basic functions of organisational goals which is they provide guidance and direction, motivate and inspire employees, facilitate all plannings, and help organisations to evaluate and control performances. Organisational goals not only help the organisation to plan for the future, but it informs all the employees where the organisation is going and also how it plans to go there. When employees are needed to make important and tough decisions, they can refer to the organisations goals as guidance. Goals promote planning in determining how goals will be achieved. Employees usually set a goal in order to satisfy their needs; therefore goals can motivate employees and increase job performance. Evaluation and controlling will allow the organisation to compare its actual performance to the organisation goals and then make any adjustments if necessary. Why is it important for a manager to set goals? This is because goals can affect individual performance through four mechanism s. Firstly, goals can direct actions and efforts towards goal related activities and stay away from unrelated activities. Secondly, goals energize employees. Employees will put in more effort in challenging goals compared to easy goals. Thirdly, goals can affect persistence. This is because employees exert more effort to achieve high in challenging goals. Fourthly, goals can motivate employees to make use of their exist knowledge to obtain a goal or acquire the knowledge which is needed to do a task. Goal setting attributes is one of the subjects of extensive research. Examples of the four attributes are difficulty, specificity, commitment and acceptance. There is a study which shows that there is a direct relationship in between goal specificity and employee performance. Less ambiguity is involved and higher performance is obtained when the goal is made more specific. When employees are given do your best goals, they do not have any external reference to refer in which they can measure their own performances. For example, a manager tells a sales person to do the best you can is an extremely unclear stated goal that will not increase performance. However, if a manager says increase sales by 10 percent is a much more specific and clearly stated goal that encourages high performance because the employees had all the past sales record as their reference? Goal difficulty also has a direct relationship with performance. Studies show that more difficult goals lead to higher performance s, as long as the goal which is set does not become too difficult that employees perceive them as impossible. Manager should not set any unreasonable goals for the employees because unreasonable goals frustrate rather than motivate the employees. On the other hand, a difficult but realistic goal does not only increase performance but also motivation. Research states that employees are highly motivated when the probability of obtaining a specific goal is more than fifty percent. A manager must also set individual performance objectives for the employees. Setting performance objectives per employee is an important part in management which allows organisation to achieve strategic goal by dividing it into several numbers of sub-goals. There are a few steps in individual performance objectives set by the team leader or manager which is appoint and conduct a meeting with each employees to describe his or her job and tasks, address and create a list of responsibilities for the employees, and develop adequate individual performance objectives based on the employees major functions and responsibilities. An employee asks her supervisor for feedback on a recent initiative which she developed for the department. The supervisor responds, It seems fine, but it turns out that it is not what the manager wants them to do. The supervisor meets with one of his staffs and informs her that she is behind in her work and needs to process a minimum number of items in a day, no excuses. These examples clearly illustrates situations that may arise when an organisation have not develop a performance management system. Lack of clarity in develop the staff goals, lack of alignment between employees goals and organisations goals, lack of communication on priorities, all these situations can be avoided through the effective implements of a performance management system. In the interview for our coursework, the planning process in TAHAN insurance company is their key success in their organization for achieving goals. Besides that, planning is also a blueprint of the organization goals. Planning is a step or procedure of how to achieve the objectives for the organization. On another hand, their planning also look into the main power and resources which the company have in order to distribute the job function to each individual or department to achieve goals. Lastly, planning helps them to identify who is responsible for the targeted goal to achieve. Organising What is organising? Organising is one of the four overall functions tend to include essentially everything that managers do in the management process. Organising involves determining the tasks to be done, which will do them, and how those tasks will be managed and coordinated. Managers must organise the members of their work groups and organisation so they information, resources, and tasks flow logically and efficiently through the organisation. Organising also includes defining and assigning authority and responsibility for decisions to enable tasks to be carried out effectively. Issues of organisational culture and human resource management are also related to his function. Organising is very important to a company and when it comes to business leadership, this will be one of the most important functions that process in a company. This function has been creating to help company running with a perfect condition. This can help a company to organise more perfectly and nicely. If a company without these important functions, a company will lose control and occur many problems that prevent a company increase volume of profit in the market. So, to prevent this kind of incident happen, they create this function to solve all these problems. How does a manager utilize the resource to meet the objectives? Actually, the role of a manager is very hard. He needs to ensure that all resources are aligned to business strategy. Besides that, a manager also needs to ensure that this strategy are effectively and efficiency. Responsibility is also important to a manager because this also include the line management and development of employee. These occur to make sure both achieve organisational objectives and for employee personal are growing. Managers skill can be divided by two main categories which are performance management and line management. In performance management, a manager needs to perform some additional tasks such as: organisation design, role definition, hiring employees, goal setting and delegation, planning and resource allocation, decision-making, and communication and reporting. In the organisation design, manager need to make sure that the organisation design is fit for purpose in order to support the effective execution of business strategy. In role definition, a manger must be well defined including skills, capabilities, knowledge, purpose of the role, key accountabilities, responsibilities, and experience needed to perform the role. As a manager, hiring employees is important. Manager has to be diligence to find employees by search, select, interview hire and retain suitable employees to make company earn more profit. In the goal setting and delegation, a manager must have skill to setting SMART objectives, which are Specific, Measurable, Achievable, Results-Oriented, and Time-bound. These performance objectives can bring success to a company and should be explicit, written and agreed to make sure that both parties understand what is expected and what will be a successful outcome. Planning of work and aligning is part of manager work. Manager must do it with a strategy and business priorities way to make sure that works gets done in time and perfectly. As a manager, a lot of decision-making occur. Manager must take many different decisions from different type of works and make sure all work are done it without any problem occur. If managers work facing a problem, as a manager, he or she must solve these problems to complete all works. In communication and reporting skill, manager must have a clearly communicating skill compare to other senior managers. It is because manager is always head of those workers, so as a manager, he or she must have this skill. As a manager, he or she needs to motivate their employees. This can help to motivated and engaged them to perform a well and excellent performance. A manager should organise his or her worker to feed back any comments. This can help manager to know staffs better and build a strong relationship between staffs and manager. In the development, manager must able to identifying areas of growth such as content knowledge, skills and behaviors. Besides that, manager should agreeing with employees development steps and providing the necessary support to help them. So, they will make it happen such as paying for training, giving time off or providing on-the-job training opportunities with new projects. At performance appraisals, manager must perform evaluation that should happen formally. It is because there must at least annually and regular interim appraisals such as quarterly. At performance improvement, manager must understand appropriate and then provide them training, support them, mentoring them or coaching them as needed to help employees achieve an appropriate level of performance in order to reach the goal. Besides organising, a manager also needs to have planning, leading and controlling skills. These skills are very important to a manager as well as a company. Without these skills, a company will not survive in the battle of market. Then, the company will lose to other competitors and facing bankruptcy problem. So, a company must have a good manager with good skills to archive the successful in the battle of market. Organising is a basic needed for a manager. Without these useful skills, the person cannot become a good manager because it will lead the company to failure. So, as a manager, he or she must have these skills in order to help company earn more profit. In other words, manager MUST acquire all these skills in order to become a good and skillful manager in a success company. What are the common resource utilization problems faced by a company? There are three key areas which a manager needs to focus on. These three keys are knowing , doing and measuring. There are some causes in knowing. The first cause is because the manager does not know the utilization rate for yesterday and today, much less for what will be forecast tomorrow. Second cause is the manager does not know what the percentage of billable employee is until the end of the month. In order to cure this, managers need to have real time reports which shows utilize rates and historical trend by individual or company. However, there are also some causes in doing. The causes in doing are billable employee does not have any access to schedules, that is why they cannot see changes or make updates. Therefore, the company must supply a robust mobile device for employee to allow 2 way updates and continual synchronize. Lastly, the causes in measuring are managers cannot see utilization over a period of time, by employee or company. To cure this, managers must make sure that employee reports show utilization, realization and billing against quotas. Leading As one of the four functions of the management, leading can be both extremely important and challenging. Leading is very important for a manager as a manager needs to lead the employees in the company in order to let the company become more successful in the market .A manager should also strive to become an inspiration to the rest of the employees .In this case , the employee will only follow and respect the manager . A manager that is an inspiration means that the employees will follow the manager because they believe in what the manager is doing and they will try to help the company to archive its goals .Finding ways to inspire employees is also means that coaching them and motivating them to succeed as integral parts of the company. On the other hand, the ways that a manager leads will greatly affects the employee morale within the department and company as a whole. Managers should create a climate that encourages new ideas and employee input. This will let the employees feel that they have a say in the company and they will willing to share ideas and attempt to find better ways to improve the process .For example, a good manager will reward the employees with monetary or benefits incentives if they can increase the output of the product .Another idea is a treasure box of goodies. Manager can set a goal early in the week and employees who meet the goal by the end of the week are allowed to take a prize from the treasure box. Besides that , when during the meeting , the manager should also praise the employee who are doing well in their jobs .This will let the employee become more aggressive in their job in order to let the manager to praise them more as when the manager praise them , they feel happy and also fee l proud among the other college . This can also make the other employee become more aggressive when they saw the other employee was praise by the manager as they also want the manager to praise them. Communication skill is very important between a manager and an employee. An effective leader must also have an effective communicator. If a manager does not have a good communication skill, he or she will easily have quarrel with their employees and he or she will have a bad relationship with their employees. This will affect the process of the company when a manager is selfish and do not like to communicate with the others .On the other hand, a manager that shares information and lets employees know the latest news in the company is someone that is deemed trustworthy by his or her employees. Besides that, a manager should always have a good relationship with the employees. For example, the manager can plan some activities for the employees in the company, such as family day, gathering, or party. These activities can let the relationship between the manager and the employees become better and they also know each other better .Besides that, the manager can also know more about the fam ily background of the employees. Moreover , a good and effective leader will inspire his or her employees ,which allows those employees to feel that they are making a meaningful contribution to the company .The employees will also work harder for the company and also take more ownership in their job position .This can mean happy customers and a higher level of customer service . A great leaders in an organisation will affect the employees they supervise .Besides that, they also inspire others employees in the other part of the company .This will make the whole company become more effective. Effective leadership is infectious and it should be spread to as many areas of the organisation as possible. By doing this, will result in a highly-coordinated effort to please both customer and employees. A good leader must also be understanding towards their employees .For example, when one of the employee have some personal problems and they could not come to work for a week , as a understanding manager , we must understand he or her problem and also pass his or her work to other employees . This will let the employees feel that the manager is understanding and is also a good manager .They will also be more loyalty to the company when they feel that they work for the right company. Besides being understanding, a good leader should also be caring and helpful to their employees. For example, when one of the employee family member met an accident, need a sum of money, the manager should help them to collect donation and also comfort them. This will make the employee feel that his or her boss is helpful and caring towards them .The employee will also feel grateful to the manager and also try to repay his or her kindness by doing a good job in their work. When the other employees see thi s situation, they will feel that their manager is a kind, caring and also helpful boss. A leader is also the model among the employees. He or she has to show a good example to the employees in order to let the employee to follow their steps .For example. a leader should come to work at an earlier time .When the employee saw their manager is earlier than them , they will also learn from him or her . Other than being a role model , a leader must also be responsible for what he or she and the team had committed .For example , when the employee have done wrong something , the manager have to be answerable to the management . After interviewing the manager in TAHAN insurance, we knew that the manager use motivation to lead the employees, as motivation is the key factor to drive the team member to archive maximum height in the operation. Besides that, a good manager should exercise the leader by example to the team member by showing them that they are getting a full support from their manager. To get a good relationship with the team member, the manager has to work hand in hand with the team member. On the other hand, a manager should help the employee to solve the problem that they encounter. The manager should also guide the team properly in order to meet the target of the organisation. A responsible manager should also keep a sharp eye on the companies daily operation. The manager must make sure that the company is operationing well. In addition, the manager should also exercise rewarding system to team member who did well or archive a good result in their work. By comparing the two theory and study case, we can compare the functions of the manager. In theory, manager use inspiring to lead the employee, while in study case, the manager use motivation to lead the employee. Besides that, manager becomes the role model of the employee in the theory while the manager becomes the role of example in front of the employee in the study case. Other than that, in theory, manager have to have a good relationship with the employees, while in study case, manager maintain a good relationship with their employee to ensure that they archive the organisation goals. As a conclusion, leading is very important to a manager as he or she need to lead a company with a team of employees. Besides that the manager has to have good communication and relationship with the employee. Without leading, the whole organisation will not be successful as the employees do not listen to the manager. Therefore, a manager must lead their employee well to ensure that they met the company goals and also make the company famous in the industry. Controlling In theory, controlling is one of the function of manager which it is important that this function can helps to check the errors and to take the corrective action so that deviation from standards are minimizes and stated goals of the organisation are achieved in desired manner. In management controlling can be define as the process of regulating organisational activities so that actual performance conforms to expected organisational goals. The phases of controlling are anticipating the things that could go wrong and taking preventive measures to see that they dont, monitoring or measuring performance in some way in order to compare what is actually happening with what is supposed to be happening and correcting performance problem that occur which this is the therapeutic aspect of control. Examples of controls are delegation (accountability), evaluation (performance), financial statement (budget management) performance management (observation and feedback), policies and procedures (beh avior in workplace), quality control and operation management and lastly risk, safety and liabilities. There are four important steps in controlling which is establish standards to measure performance, measure actual performance, compare performance with standards and take corrective actions. Establish of standard is the first step in controlling as a standard is a unit of measurement that can serve a reference point for evaluating results. Manager should exercise control by comparing performance to some standards and goals. There are a few type of standard which are tangible and intangible standards. Tangible standard are clear, concrete specific and generally measurable while intangible standard is relate to human characteristics which are not expressed in terms of numbers, money, physical qualities or time. It can be desirable attitude, high morale, ethics and cooperation. Tangible standard consist of four standards which is numerical standards, monetary standards, physical standards and time standards. In numerical standards, it can be expressed in numbers of item produced, absences, percentage of sales and etc. Monetary standards can be measured in terms of money which is profit margins, cost and etc. Other than physical standard can be categorized by quality, durabi lity, size, weight and other factors related to physical composition and lastly time standards can refer to the speed with the job is to be done like the project completion date. Measure actual performance is the second step as it ensures that it complies with the established standards. Most of the organisations will prepare formal reports of performance and weekly meeting to measure how the manager performs. These measurements should be related to the standards set in the first step of control process. For example, if sales growth is a target, the organisation should have a means of gathering and reporting sales data. The measure of actual performance can be done by personal observation, written or oral report about employees, automatic methods and inspection, test or samples. Comparing performance with standards is the third step as this step compares actual activities to performance standards. When the manager read the computer reports or walk through their plants, they identify whether actual performance meets, exceeds, or falls short of standards. Typically, performance reports simplify such comparison by placing the performance standards for reporting period alongside the actual performance for the same period and by computing the variance. That is the different between each actual amount and the associated standard. Taking corrective action if necessary is the final step in the control process. Adjustment, fine-tuning, and perhaps drastic action may be necessary to pull off important tasks or to maintain standard. When performance deviates from standards, managers must determine what changes, if any, are necessary and how to apply them. In the productivity and quality-centered environment, workers and manager are often empowered to evaluate their own work. After the evaluator determines the cause or causes of deviation, he or she can take the fourth step which is the corrective action. There are some few examples of corrective actions which are making a decision to retrain a new employee whose performance has not progressed as expected, shifting several employees from their normal jobs to help meet a deadline on another job, counseling an employee whose performance has recently been below the standard, reprimanding an employee for failure to adhere to safety rules and shutting down a piece of eq uipment for maintenance after defective output is traced on it. Characteristics of effective control system consist of controls need to focus on appropriate activities, controls should be timely, controls must be cost effective, control should be accurate and concise and control should be accepted by people they affect. Control needs to focus on appropriate activities mean effective controls must focus on critical factors that affect both the individuals and the organisations abilities to achieve objectives while controls should be timely can define as information needed for comparisons and control purposes need to be in managements hands in order to make effective corrective action. Delays in generating, gathering or disseminating information can prolong the occurrence and extend of deviation. Other than that control must be cost effective as this benefit of using appropriate controls should be worth their cost of installation and operation. Too much of control can be worse than too little. The key is to provide appropriate for the situation and provide saving greater that the cost involved. Moreover control should be accurate and concise as control must provide information about operations and people in sufficient quality and quantity to enable managers to make meaningful comparisons to operation standards. As with control, too much information can be as bad as too little. Lastly controls should be accepted by the people they affect as controls and their applicability to specific situations should be communicated clearly to those responsible for implementing them and to those who will be governed by them. In the interview for our coursework, the controlling in TAHAN insurance is manager should follow up closely on the daily basis on all the departments operations to ensure that they have achieve their goals, service standard and KPI (key performance indicators set by the company. Other than that, weekly marketing meeting should be conducted to monitor the marketing activities and marketing result from each marketer. To identify the problem area arises from the marketer and assist them immediately to resolve in order to achieve immediate results. Furthermore, emphasis on result orientated to all departments or individuals to achieve goals and conduct weekly product control meeting in order to improve their financial standing. By viewing both theory and the case study, we can compare one of the functions of manager which is controlling. Manager use controlling to identify the problem area arises from the marketer activities in the case study while in theory manager also use taking corrective action steps to identify the problem that happen in the organisation. Other than that, in