Racial Inequality and Segregation - Free Essay Example

How does it feel to be a problem? Is what DuBois is analyzing through his piece of literature. Using Ross Posnocks view as a lens, DuBois forms a structure of American civilization and life from a colored persons view. Through DuBoiss book, we get his perspective that were existent through the time of segregation. In his sense, segregation is another term for separation. Segregation is the outstanding point that Dubois uses through his piece with Posnocks piece as a lens. Even though DuBois talks about his personal experience and seeing it happen right in front of him, he describes how there was a sense and hope that there was going to be some sort of change. Instead, that change never occurred and the hope was lost. We learn the wrongdoings of people of color and we see that directly through DuBois and Posnocks eyes. Both of these pieces of literature show the concern of someone or anyone being accepted into a society. Both pieces focus on segregation and the main issue of being accepted in different communities. In W.E.B. DuBois book, The Souls of the Black Folk, he brings up the problem faced by colored people because of their race, or even their identity. DuBois starts by taking a new approach as to connect sociology; the study of how different people develop into their society, and history; studying our past. He emphasizes the new terms such as a persons double consciousness and an outline to show the division and separation of certain individuals, especially colored people, and inequality because of race. The first chapter in his book is called Of Our Spiritual Strivings. In this chapter, DuBois begins with a little story, a personal analysis about the characteristics of white people. Later on, he looks back on the moment where he first noticed he was different. He describes his experience when as a class project, visiting cards were being passed out. It was his turn to get one, and the girl giving them out refused to give him one because of his skin color. He knew that from that moment there was a dispute with whites and colored people. On page 7, it states how does it feel to be a problem? (Dubois, 3). From that question, DuBois knew that this was going to e a future issue, right from the incident he had in school with the refusal. This girl wouldnt accept his card (even when it was part of a class project. From then on, he knew and recognized that because he was of a different color, he was different than everyone else. He also goes on to talk about the inappropriate question that are asked by people who feel superior to others. On page 3, he states the question how does it feel to be a problem (DuBois, 3). This question is repeated multiple times to show how people think of themselves when compared to other people. This question also pertains to people in which theyre feeling left out of things and looked down upon as being different. The feelings DuBois brings up arent just feelings from colored people. He is emphasizing that they are also feelings from anyone that thinks of themselves as an outsider, due to being left out. For people of color, race is important to themselves. It all ahs to do with identity. This is shown on page 3, when Dubois says, the negro lives in a world which yields him no true self-consciousness, but only lets him see himself through the revelation of the other world (DuBois, 3). According to DuBois, colored people hold some sort of reflection thats based on the thoughts that come from white people. He included examples like stereotypes and prejudice cases. He describes these examples as a veil that people of color are forced to hide behind. We see from his use of the veil that it shades the view of both colored people and white people. it is a peculiar sensation, this double consciousness, this sense of always looking at ones self through the eyes of others amused contempt or pity (DuBois, 3). This gives us a clear picture that calls to the feelings, but also an expression of those feelings that many different people go through every single day, even until today. We learn that those who are different, are usually the ones being left out and banned from living the way they want because of their race, color, or situation they are in. Whether one is disabled, mentally ill, or of a different race, lower people like that are judged by society, whether theirs or another one. While DuBois used colored people as the first issue in his piece, it can all be connected to todays matters as well. Both DuBois and Posnock go further in detail about people having this double consciousness. This double consciousness is used as a division of different societies. It separates the individual and the society, against the remainder of that society. Both views form both authors gives us a mirror image of a colored persons community. DuBois states he felt his poverty; without a cent, without a home, without land, tools, or savings, he had entered into competition with rich, landed skilled people (DuBois, 8). Through this poverty, he connects to being poor following the hardships that come with it. It mirrors the brutality and cruelty people face in these types of situations. In addition, Ross Posnock brought his own perspective on this based on DuBois. Following DuBois inappropriate question of feeling like a problem, Posnock adds is it traitorous for a negro to try to be as broadly and humane as possible? (Posnock, 22). Further on, he also adds a comment to DuBoiss view of people are grouped together based on their differences. He states: Demanding respect for people as blacks and as gays requires that there are some scripts that go with begin an African American or having same-sex desires. There will be proper ways of being black and gay. There will be expectations to be met, demands to be made (Posnock, 25). From this statement, we see that blacks and gays are grouped together as if they are the same issue. Today, may people would characterize them in a group, known as the others. The shades of the prison-house closed round us all watch the streak of blue above (DuBois, 3). Sadly, this still holds true today. There has been so much attention given to incidents with officers and unarmed black people. Posnock, on page 27, also states that there are many race and sexual abuse cases where colored people are being blamed for most situations. He also talks about the division of a community and how you are separated based on situations. Furthermore, both DuBois and Posnock show their views of segregation through their pieces of literature. DuBois starts off by describing his personal experience with feeling different. He starts to present the time where visiting cards were being given out, but someone refused to give it to him because of his color. He knew right from that start that people were going to start to judge colored people, or different people based on their situation.

Personal and Professional Footprint Essay

Personal and Professional Footprint Essay One question that troubles the world’s environment-sensitive populace is what is their ecological footprint is having on the environment. Awareness on how much the world’s population impacts on the environment remains minimal as over the years, humans have opted for processes that strain the planet’s resources. This has had tremendous negative implications to the environment. Pollution, depletion of fundamental natural resources and diminishing plant and animal biodiversity are all becoming more and more evident (Collins, et al, 2008). Consequently, I have come to question myself of how my presence especially as an ecological being impact on the environment. Two aspects of my life reveal a lot on my contribution towards an unsustainable environment. These aspects include consumption and profession. Consumption is significantly pertinent to my ecological footprint as this is evident in my daily routines. The extent that I consume earth’s resources as an individual largely affects the environment around me. Most of my daily endeavors have a negative impact on the planet. For instance, I happen to purchase groceries which are packaged in plastic bags so often that I imagined what would happen if everyone packaged their groceries in paper bags as opposed to plastic bags. Ideally, the number of trees cut down would significantly reduce and this would in turn contribute towards sustaining the planet’s resources. Moreover, waste materials from of plastic bags are harmful to the environment on so many levels. Taking in to account the immense number of plastic bags used on a daily basis, a significant amount of waste from these plastic bags is created. The reality is this waste is usually disposed off in ways that harm the environment. My personal association with the environment is proof enough that human involvement towards global warming is certain. Global warming, a major concern in the modern world, is primarily induced my individual actions as much as it is stimulated by large scale parties such as factories and other production entities. For instance, being a woman, normal morning habits entail use of hairsprays, spraying of deodorants among other aerosols. Further, use of shaving cream and application of many other cleaning agents is common with many people. These habits have become not just part of my daily schedule but also part of many other peoples’ daily routine. These household products that are used on a daily basis were thought to be environmentally friendly in the 1930s as they were considered non-toxic therefore safe to the environment. On the contrary, recent studies conducted after the 1970s indicate that everyday actions entailing use of these items significantly affect the environment ( Morris Parry, 2011). For starters, aerosols have the potential of causing damage to the atmosphere. Atmospheric concentration caused by release of various gases such as carbon dioxide, methane, nitrous oxide and halocarbons act as trapping agents of thermal energy resulting to a green house effect. Green house effect causes global warming and over the past few decades, human activities that entail release of the mentioned gases have been drastically increasing (Collins, et al, 2008). On a personal note, I would imagine the extent of damage I have caused to the earth’s surface as unimaginable leave alone that caused by many other people whose morning routines are somewhat similar across the globe. Despite the many changes that have been made on the contents of everyday products such as aerosols and hairsprays, going by my ecological understanding, my application of such items considerably result to extensive damage to the environment. Professionally, as an environmental woman, I can deductively acknowledge that human-induced global warming is a reality. Most human activities are backed by a section of wealthy individuals are interested in processes that translate to profits rather than safeguarding the environment (Arctic Climate Impact Assessment, 2004). This group of people has managed to convince more and more people into believing that human activities are not attributable to environmental degradation. On the contrary, human have always influenced the climate and the environment. An example is illustrated in my profession as a social worker. My company deals with production of numerous print documents such as brochures as well as electronic messages which become obsolete within a short time. Additionally, most electronic devices such as computers and mobile phones used by the company workers are left on at most times even when not in use therefore leading to mass wastage of limited resources. On average, the amount of paper and electricity wasted by our firm only can overtime put a significant amount of strain on the few forests and inadequate water resources available. Essentially, my professional background and my consumption behavior somewhat inter-relate. Both largely influence the ecological footprint I have on the planet. Th anks to my profession, I am more aware of the hazardous nature of human consumption behaviors and its impact on the environment. As an ecological human, I am therefore capable of transitioning my behaviors to a more ecologically aware standing. For instance, I can now see the importance of using paper bags in place of plastic bags. Additionally, I can now understand why it is important to use environmentally friendly personal effects as even use of aerosols and the like at a personal level also impacts on earth’s planet. Moreover, I am more informed on which processes within the firm I work for can be changed to avoid wastage of resources while at the same time, save the company on costs that should not be incurred. A significant role of sustaining both the climate and the ecosystem going into the future is played by humans. My profession as an environmentalist has predominantly helped sustain the planet. For example, I am more aware of the effects of human activities on the environment. I am no longer in denial that earth’s climate as well as environment is downgraded by human activities. Consequently, I have transitioned to become more susceptible towards the environment. In addition, I am a strong proponent of the war against adverse economic implications on the planet’s resources so as to leave a mark in the fight towards sustaining the planet’s environment. Human induced environmental degradation is evident and awareness of human implications on the environment is non-reassuring. Many people still remain skeptic on human involvement towards environmental deprivation. A lot of awareness needs to be performed so as to sensitize more people about the issue. According to a study by George Mason University (2009), the media more specifically television, plays a minimal role in increasing environmental awareness. According to the report, television was found to be the least media platform that impacted on viewers’ knowledge concerning the issue of global warming and environmental dilapidation. Surprisingly, less common media platforms such as the print media and the internet were found to be more influential as compared to television in informing people of the true impact of carbon emissions to the atmosphere and its implications on global warming (Concordia University, 2009). Most people who do not have first-hand understanding of glo bal warming learn of the hazards of human activities through the internet and newspapers. Public interest in this sphere of influence is merely influenced by watching television. This reality is shocking as one would expect watching television to have more impact on sensitizing people about the effects of human activities on the environment. On a daily basis, millions of people watch television. Therefore, it would be more sensible if these numbers of viewers gained some form of concern of the environment. If people would become sensitized about human involvement in environmental degradation through television and subsequently get enlightened on ways of reducing their contribution in the issue, tremendous steps towards sustaining the planet would be made. In my opinion, televisions can be used to increase peoples’ perceived knowledge of environmental degradation. This could be achieved through ensuring contents displayed on this platform positively highlight the situation on the ground. For example, in addition to serving as an entertainment tool, television sets can be used to perform educational functions. Reforms should be made to increase the effectiveness of this unexploited source of information as this would increase awareness which would in turn convince populations across the world to become ecological. Undoubtedly, efforts towards sustaining the environment can only be feasible when many people come together and work towards ensuring the planet is conserved. Through awareness, strategies that aim towards sustaining the environment can be implemented with more ease. Feel free to buy an essay on this popular topic at AdvancedWriters writing service. You will get a 100% original custom essay written from scratch!

Bases Of Evaluating Essay Writing - 941 Words

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Another way a student can achieve coherence, is by repeating key words and phrases. For example, when a student tries to repeat key words and phrases he or she has to focus and connect ideas throughout their essay. It makes the reader remain focus and head to the right direction. Next, students can achieve coherence is by using parallel structures to link paragraphs and sentences. For example, when the student is using words, phrases, and clausesShow MoreRela tedBases Of Evaluating Essay Writing965 Words   |  4 Pages Bases of Evaluating Essay Writing They are lots of different ways to writing college essays. Just have to follow them so our their essays look correct. These are the types of steps everyone has to have in order to get a very good grade on their paper. They also have to make sure that they put lots of descriptive details in order to add information on their essays so they could explain more details in their essays. 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Napoleons Warfare Strategies And Tactics On Modern Day...

Napoleon Bonaparte is credited with being a great military tactician as well as a military genius during his era. He played a significant role in world history and the art of war. The man’s genius was fundamentally practical, and all the military concepts he used were attributed to his close study that he did of his earlier commanders, predominantly Fredrick the Great. He did not trust any novel idea and thus by no means used other people’s concepts. He made the fullest utilization of the notions of his predecessors, which he breathed life into them making them successful. Napoleon had to be strategic in order to be victorious in his conquests. The skills, strategies and tactics he used in the battlegrounds were desired and thus copied by many during his era and up today. Warfare especially during the Napoleonic era fundamentally changed modern warfare and continues to be the main reason the military studies Napoleon today. It impacted the battles of today. This essayâ €™s main purpose is to point out the impacts of Napoleon’s warfare strategies and tactics on modern day warfare. It will analyze the principles Napoleon used during his era, and they include the theory of nationalism, creation of the corps’ system and leading disciplined and professional armies. The principle of the theory of nationalism is all about being patriotic. Napoleon used this principle during his time and it is highly implemented by military today. Nationalism refers to being loyal and devoted to one’sShow MoreRelatedMilitary Historians And Theorists Postulate That Napoleon Invented Modern Warfare916 Words   |  4 PagesMany military historians and theorists postulate that Napoleon invented modern warfare. This belief is not true. Although there are aspects of how Napoleon fought that are used by many modern armies today, and his tactics and philosophy of fighting should continue to be studied, Napoleonic warfare is not fundamentally similar to modern warfare. 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Recognizing the need for adaptation and the creation of doctrine is now a prerequisite for any effective modern commander. War is unpredictable in nature and particularly so in current theatres of operation, in which change is rapid and volatile. Examination and deliberation on periods of past development in the conduct of war is an immensely important necessityRead More Napoleon Essay example1936 Words   |  8 PagesNapoleon â€Å"I live only for posterity, death is nothing, but to live without glory is to die every day† (Lefebvre 43). Napoleon was driven by his desire for glory and ambition and his ascension was tremendous. Born in Corsica, his family moved to France, in Marseilles, when he was only a child. 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It is in the chapter devoted to the American Revolution that Willcoxs strategy of focusing on prominent

General Karenzi Karake Is Part Of The International Community

The recent arrest of General Karenzi Karake is part of the international community trying to grasp its understandings of Rwanda’s bloody history. On the night of April 6, 1994, Rwandan President Juvenal Habyarimana assassination while flying back to Rwanda by unknown fighters triggered the last genocide of the twentieth century. The Rwandan Genocide or also named the 1994 Genocide against the Tutsis, ravaged the entire country as neighbours killed neighbours. Genocide perpetrators claimed that the massacres were required in order to protect the nation from the invading Tutsi-dominated Rwanda Patriotic Front (RPF), which Rwanda had been fighting since 1990. It was the belief that the RPF wished to reestablish dominance over the majority Hutu population such as during the Belgium colonial period (1922-1962). The international community decided within the first few days to remove its presence with the removal of its citizens and the downgrading of the United Nations Assistance Mi ssion for Rwanda (UNAMIR). The world looked away as in around one hundred days; over one million Tutsis and moderate Hutus were butchered by the genocide forces. The massacres only ceased when the RPF’s military wing, the Rwanda Patriotic Army (RPA) fully invaded the country and expelled the genocide forces into eastern Zaire or know named the Democratic Republic of Congo (DRC). As expected, the genocide cannot be as easily defined as it composes various elements that all play a role in the history of

Purchase Intention Actual Purchase Behavior â€Myassignmenthelp.Com

Question: Discuss About The Purchase Intention Actual Purchase Behavior? Answer: Introducation An agreement that is enforceable in the court of law may be defined as a contract. The parties to a contract are legally bound by the contractual terms of the contract. A valid contract must include an offer, acceptance, consideration, legal intention, capacity and certainty. An offer commences the process of formation of a contract and the terms offered must be certain and specific in nature[1]. The person making an offer is called the offeror and the person accepting the offer is known as the offeree. A valid acceptance of a valid offer is essential to render a contract as valid and enforceable in the court of law. an offer should be accepted as per the terms proposed by the offeror and if the offeree incorporates any new or additional terms, it is known as counter-offer which invalidates the original offer. An offer is said to be accepted if such acceptance is communicated to the offeror. Postal rule is an exception to this rule of communication of acceptance. It is considered as an alternative means of accepting an offer. According to the postal rule, when an acceptance of an offer is communicated by post, the acceptance is complete as soon as the letter of acceptance is posted and out of the control of the person posting such acceptance. This rule was established for the first time in Adam v Lindsell, where the court held that after the letter is posted, even if the letter is lost or misled, it should be considered as a communication of a valid acceptance. In the modern era, with the advancement of technologies, majority of communications takes place by email, telex, telephone and other instantaneous means. The court held in Entores Ltd v Miles Far East Corporation [1955] that postal does not applies for instantaneous communications as the contract is complete where the acceptance is received by the offeror which unlike the postal rule as the responsibility is on the offeree to communicate the acceptance to the offeror effectively. Acceptance communicated through instantaneous mode of communication must be acknowledged which is not required under the postal rule where acceptance is communicated once the acceptance is posted. There is no specific legislation to determine whether email is an instantaneous communication mode to which general acceptance rule could apply. Internet and computers may take some time to respond[2]. With respect to the timing issues in electronic transactions, emails are treated differently, as compared to websites, which is considered as one of the modes of instantaneous communication and websites unlike email, relies on actual space and time between accepting and sending the contract. Since email transactions involve failure and delays while sending and receiving the messages, parties do not enjoy instantaneous communication between each other as was observed in Chwee Kin Keong v Digilandmall.com Pte ltd [2005] SGCA 2. Therefore, postal rules should be applied for communication made through emails. Since dispatch is a vital point to apply the postal rule in the context of email. Since acceptance is said to be valid once it is beyond the possession and control of the offeree under the postal rule, the acceptance message sent through email shall be considered to be beyond the control or possession of the offeree when the offeree connects to the computer and presses the sent button. Once acceptance is communicated to the offeror the offerree cannot revoke the acceptance provided the revocation is communicated to the offeror before the communication of acceptance reaches the offeror. Application In the given scenario, Lianne email Mary on 10 June, to organize a party for her and the Mary emails about the information related to the party along with the quote for $10000. Lianne proposes a lower price of $9500, which Mary approves with the condition that the reduced price offer shall remain open for seven days and 10% non-refundable deposit should be provided within the stiulayed time. Here, the original offer of $10000 made on 10 June becomes invalid as Lainne proposed a reduced price of $9500, which amounts to a counter offer. Further, if the offeror stipulates a particular time within which the offer must be accepted, the offeree is required to accept such offer within such stipulated time[3]. However, on the facts here, Lianne was required to accept the offer with reduced price within seven days from 10 June. However, Lianne failed to accept the offer within the stipulated time, which implies that the offer was revoked, and cease to be effective. On 20 June, Mary offers that since Lianne failed to accept the offer of $9500 within 7 days, the price of the party is now $10000. Mary accepts the offer by sending a mail, thus, communicating her acceptance of the offer of $10000. As discussed in the Chwee Kin Keongs case, email is not considered as an instantaneous communication mode owing to the absence of any legislation establishment regarding the time of dispatch and receipt because of which postal rule will apply under such circumstances. According to the postal rule, an acceptance is said to have been communicated after it has been posted and it become out of the possession and control of the offeree[4]. Similarly, in case of an acceptance communicated by email, the message is said to be out of possession and control of the offeree, once the offeree connects the internet and presses the send button. Lianne communicated her acceptance of the offer of $10000 by mailing such acceptance to Mary, and the acceptance is said to be communicated as it was beyond her control or possession. It is established that a contract was formed between Mary and Lianne with a valid offer and acceptance made between each other. Thirty minutes after the acceptance was communicated, Mary mailed her revocation of the offer. However, such revocation of the offer shall not be considered as valid, as once an acceptance of offer is communicated to the offeror it cannot be revoked unless the communication of revocation reaches the offeror before the communication of acceptance. In Australia, the Australian Consumer law (ACL), Schedule 2 to the Competition and Consumer Act 2010 has been enacted to safeguard the consumers rights with respect to goods and services obtained in relation to trade or commerce. The ACL sets out consumer guarantees that ensures protection of consumer rights with respect to the goods and services provided by the businesses[5]. According to section 61, the services specified for the purpose must be fit for such purpose and the consumer must have relied on such skill and statement made by the suppliers. According section 62, the services shall be supplied within the stipulated or reasonable time[6]. According to section 268 of the ACL, a failure to act in accordance with a consumer guarantee with respect to services is a major failure when such services are not fit for the purpose and such failure cannot be remedied within a reasonable time to make it fit for the purpose for which the consumer had obtained it. Further, the non-compliance would amount to major failure if the services were not of the nature, condition, state or quality as was promised by the supplier and was reasonably expected by the consumer. Furthermore, such failure cannot be remedied within a reasonable time to achieve the expected result[7]. The consumer is entitled to compensation for damages and loss from the suppliers in case the supplier has breached a consumer guarantee, which resulted in a major failure of the products and services. In the given scenario, Lianne had entered into a contract with Mary for organizing a boat party for her friends. Mary promised Lianne that the cuisine she ordered for her party shall be provided which is Malaysian cuisine. However, Marys suppliers had provided Russian foods and the boat was congested and was not at all spacious as was promised by Mary. Consequently, Lianne found it very difficult to accommodate her guests and the musicians. Furthermore, there was no space for dancing and the food supplied was insufficient. Here, Mary had failed to comply with the service that she promised Mary to provide and which was reasonably expected by Lianne from Mary. According to section 61, Mary was required to provide services that were fit for the purpose for which she was engaged by Lianne. Lianne wanted Mary to organize a boat party for her, asked her to arrange Malaysian cuisine, and wished to have some space for dancing[8]. Mary failed to arrange Malaysian food and ordered Russian Food, which was insufficient, had finished, there was insufficient space for accommodating the guests, and no space for dancing, which establishes the fact that Mary had failed to comply with section 62 of the ACL. Lianne can claim compensation for breaching her consumer guarantee protection, which is a major failure of services and cannot be remedied within reasonable time under section 268 of the ACL. Most of the Australian Businesses use advertising for the promoting their goods and services. The advertisement is made through television, internet, print media or radio and it is imperative to ensure that such advertisements are published in compliance with the Australian Consumer Law (ACL)[9]. The Australian Consumer Law is laid down in the Schedule 2 of the Competition and Consumer Act 2010 that aims at safeguarding the consumers and ensuring fair-trading in the country. Selling and Advertisements practices have undergone rapid development and do not take place only through television or print media. It takes place through social media, email, online shopping sites and other search engines. Businesses that use newspapers, radio, television and other online websites for advertising their products and services must not use misleading or deceptive statements[10]. The businesses are prohibited from making statements that are false or are likely to create false impression. Under section 18 of the Australian Consumer Law forbids businesses from engaging in conduct that is misleading and deceptive in nature. Misleading conduct in advertisements causes or is likely to cause harm to consumers by distorting the purchasing choice of the consumers. The businesses are prohibited from making false claims with respect to the style, quality, benefits, accessories, benefits, use, and exclusions of the goods and services that are advertised by the businesses. Misleading or deceptive conduct in advertisements reduces competition in the market by making consumers demand products that does not possess the features that are promoted while advertising. It further leads to an increase in the expenses incurred by the consumers while they enter into contracts that are contrary to the interest of the consumers. It also increases the expenses incurred in search costs, which is ultimately wasted when the product does not include the features that was shown in the advertisement. This rule has also been observed in the case Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2013][11], where the High Court of Australia has confirmed the significance of section 18 that safeguards the consumers interests from the advertisements that are misleading or deceptive in nature. In this case, the court held that headline advertising may also be considered as misleading or deceptive despite the presence of fine print disclaimer that qualified the representations in the headline statement[12]. The decision made in the TPGs case, is a landmark decision which established that to determine whether an advertisement is deceptive and misleading under section 18 of the ACL, the impression conveyed by the advertisement in the circumstances it had been published or aired, should be taken into consideration. It cannot be determined by merely relying on the existence of technically correct information that is available to the customers who followed the advertisement or on the presumed fact that the consumers had background knowledge about the advertisement. The penalty stipulated for businesses that contravenes section 18 of the ACL by making false claims in the advertisements that are either misleading or deceptive or is expected to mislead or deceive the consumers, deters the offending behavior and such provision complies with the consumer purpose of the Australian Consumer law[13]. The Australian Consumer Law incorporates statutory provisions that prohibit persons from engaging into any form of unconscionable conduct that may affect the consumers as well as the businesses. As it is discussed above that advertising products or services by making false claims that tends to deceive or mislead the consumers about such products or services, it is also equally important to refrain from breaching any of the consumer guarantees stipulated by the ACL[14]. A failure to recognize the implementation of consumer guarantees with respect to contract and express exclusions shall amount to deceptive and misleading conduct, which attracts severe penalties. It is further evident from the case Trade Practices Commission v Radio World Pty Ltd [1989][15], where the court construed that a sign stating conditions of purchase was misleading and deceptive despite the fact that person who committed such breach was aware of the provision that prohibits misleading and deceptive advertiseme nts[16]. From the above discussion, it can be inferred that the two most essential rules of advertising and selling that is stipulated under the Australian consumer law is that the seller or the businesses must not engage in any form of unconscionable conduct. The other essential rule is that their advertisements should be free from any form of false claims or statements that is misleading or deceptive or is likely to deceive or mislead it targeted audience. In order to determine whether a conduct is misleading or deceptive, it is necessary to consider what impact a business behavior has on its targeted audience. The impression of a good or services advertised on its targeted audience is essential to determine whether a particular advertisement had misled and deceived its audience. Although a business is not required to disclose all information under every circumstances, but there are circumstances when it becomes important to provide relevant information with a view to avert in any engagements that is misleading or deceptive in nature. In the event, it is important to disclose any additional information with respect to the goods and services to the customers and its targeted audience. This becomes important when the seller and the businesses are aware of the fact that if such additional information is not provided, the conduct is likely to deceive or mislead the customers or the targeted audience. Further, when it is reasonably expected from the seller or business engaged in the sale of products and services to disclose such additional and relevant information to its customers, non-disclosure shall amount to misleading and deceptive conduct on part of the businesses. Reference list Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2013] HCA 54, Brody, Gerard, and Katherine Temple. "Unfair but not illegal: Are Australia's consumer protection laws allowing predatory businesses to flourish?."Alternative Law Journal41.3 (2016): 169-173. Corones, Stephen G., Sharon A. Christensen, and Nicola Howell. "Submission to Australian Consumer Law Review Issues Paper." (2016). Corones, Stephen. "Misleading premium claims."Australian Business Law Review44.3 (2016): 188-203. Coteanu, Cristina.Cyber consumer law and unfair trading practices. Routledge, 2017. Howells, Geraint, and Stephen Weatherill.Consumer protection law. Routledge, 2017. https://www.accc.gov.au/consumers/misleading-claims-advertising/false-or-misleading-claims Hunter, Howard. "Modern Law of Contracts." (2017). McKendrick, Ewan.Contract law: text, cases, and materials. Oxford University Press (UK), 2014. Paterson, Jeannie Marie, and Gerard Brody. "Safety Net Consumer Protection: Using Prohibitions on Unfair and Unconscionable Conduct to Respond to Predatory Business Models."Journal of consumer policy38.3 (2015): 331-355. Paterson, Jeannie Marie. "Developments in consumer protection law in Australia."Legaldate25.2 (2013): 2. Pearson, Gail. "Further challenges for Australian consumer law."Consumer Law and Socioeconomic Development. Springer, Cham, 2017. 287-305. Poole, Jill.Textbook on contract law. Oxford University Press, 2016. Sparks, Beverley A., et al. "Cooling off and backing out: Understanding consumer decisions to rescind a product purchase."Journal of Business Research67.1 (2014): 2903-2910. Star, Dan. "Federal court: Federal court casenotes."Proctor, The37.8 (2017): 41. Svantesson, Dan, and Roger Clarke. "The Trade Practices Act: A Hard Act to Follow: Online Consumers and the New Australian Consumer Law Landscape."James Cook UL Rev.20 (2013): 85. Trade Practices Commission v Radio World Pty Ltd [1989] 16 IPR 407 Twigg-Flesner, Christian.Consumer product guarantees. Routledge, 2017. Tynan, Daniel. "Australian consumer law [Book Review]."Bar News: The Journal of the NSW Bar AssociationSummer 2015 (2015): 78. Wee, Chiew Shi, et al. "Consumers perception, purchase intention and actual purchase behavior of organic food products."Review of Integrative Business and Economics Research3.2 (2014): 378.

Reinventing Business Growth Franchising

Question: Discuss about the Reinventing Business Growth Franchising. Answer: Introduction The business operations are taking a new direction in the developed nations considering the huge inflow of FDI i.e. Foreign Direct Investments by the means of Franchising. There has been a vast literature presented by focusing on the franchising business in several developed countries. The focus of this study is over the literature presented on the Australian fast food industry and franchising. The business of franchising is usually accepted in Australia and yielded higher revenues for the domestic operators. Therefore, franchising in the Australian fast food sector is a growing business which is satisfying the needs of Australians in terms of revenue generations as well as job creation (Hussain and Windsperger, 2010). There is presence of intensified global competition; earlier ten local organisations that use to dominate the domestic market at home now find the global competitors to compete with abased on their arrival by the means of franchise as an entry and distribution strategy for entering and gaining in the new markets. As per the researchers Cavusgil, Knight, Riesenberger, Rammal and Rose (2014) franchising is recognized as a robust source for the distribution and marketing of the services and the products which are employed by the franchisors for marketing their services and products. It has been illustrated by Doherty (2009) that since the period of 1960s, there has been observed a significant growth in the international franchising and that is because of the pull and push factors. The aspects such as diminishing profits, increased competition and domestic saturation have forced the franchisors to inspect the business opportunities available in the international regions as there are supp orting political conditions, demographic factors and favourable macroeconomic aspects which have pulled the interest of the franchisors (Hoffman and Preble, 1991). The researchers and the industrial analysts have observed franchising as one of the key strategy incorporated by the MNCs i.e. the multinational corporations for expanding and prompting their business operations in other untapped regions and this has touched diverse sectors comprising the fast food sector which is primarily the key area for this study. And therefore the primary intention is to focus upon the opening of a new Subcontinent-style fast food franchise in Australia (Dant, Grnhagen and Windsperger, 2011). In last few decades, the interest in the franchising business is growing with an increasing rate as it has been recognized as a new market entry approach and a pioneering distribution paradigm in the marketing environment. The increasing attention has given birth to varied literature and view-points by practitioners, scholars and authors. According to the author, Franchising can be explained as an agreement among the two organisations where the service or product producer grant the rights of conducting the business as independent business in a particular manner, for a certain period of time and at a designated place to a franchisee. Franchising is not a business in itself but a specific way of performing business. As per the FCA i.e. Franchise Council of Australia, the franchising is a business association under which the franchisee attain the rights from the franchisor to distribute and market the services as well as goods, and to take use of the business name for a specific time pe riod (Awoseila, 2011). Australia is considered as one of the regions which have the highest number of fast food franchising. The opening of a new sub-continental fast food franchise in Australia is considered both as a good as well as a bad decision for the organisations. As per the studies, the Australian market is considered as the most profitable market for the fast food companies as there is increasing rate of consuming fast food among the Australians. There are gigantic fast food chains which have established by the means of franchising such as McDonalds, KFC, Subway. These three fast food chains entitle for 65 percent of the total fast food market share in Australia (Brailsford, 2003). The country is a hub for the MNCs who are seeking business and trade options in the fast food sector through franchising, the legal laws and regulation relayed to franchising are also extremely supported which acts as the pull factor for the foreign direct investments. There are continuously increasing rate of the indi viduals as well as the children suffering from obesity in Australia which shows the dietary habits of the people in Australia. There are other numerous advantages of Franchising business in Australia as discussed by several authors related to the availability of the effective and trained management, easy capital loan from the banks without much issues and regulatory frameworks, higher brand recognition, less risk associated, rapid expansion, higher profits, franchisee has the knowledge of the host country, franchise royalties, favourable macroeconomic factors, etc. As per the trade theory explained by various authors and researchers, the multinational companies get involved in the international business operations to achieve monopoly as well as high return to scale. There are several domestic factors which pressurises the companies to move to global world for increased sustainability and growth. The factors include lack of opportunities, upsurge competition and consistency in the market. The opening of a sub-continental style fast food chain in Australia is relatively a beneficial option for the companies to initiate trade in the regions of Australia and to have a recognized existence in such developed nation. But oppose to the views of the above researchers and authors, there are certain arguments which restricts the organisations to have opening of a sub-continental style fast food chain in Australia (Hussain and Windsperger, 2010). As per the views of the author, the Australian market is already a fully groomed market in consideration with the fast food sector. The big giants like McDonalds and KFC have their high monopoly in the Australian market which restricts the new entrant to enter into the fast food industry and give competition to the domestic placer as well as these large scale franchisees (Weaven and Frazer, 2007). The next argument given by the authors is that, since few years, the people are moving towards to a healthier life because of the rapidly increasing diseases such as obesity, diabetes, harmonise imbalance, etc. (Reed and Elliott, 1999). Among the individual who have more of fast food consumption. Therefore, as per the views and opinions of the researchers opening of fast food is relatively a bad idea because of the fact that people are stepping head towards the healthy and nutritious food habits. The changing habits of the individuals and the influence of the preens on the children to have a balanced diet instead of fast food results in decrease in the demand for the fast food in the Australian regions. Because of extensive amount of pressure laid down upon the domestic and local retailers of the fast food industry, the Government is also restrict ting the multinational corporations to have a market entry in the Australian fast food industry by the means of franchising. The source of income is getting squat with time because of the increased presence of the multinational companies through franchising, joint venture, merger or acquisitions (Frazer, Weaven and Wright, 2002). Australia is recognized as the fat nation because of the factors that the presence of fast food outlets it incaresing with a rapid rate. There is a significant role of these outlets in the increasing demand for the fast food among the Australians (Paik and Choi, 2007). There is vast demand for hamburgers, pizza, fried chicken, ice-creams, etc. The high demand for fast food fetches the attention of the companies but the regulatory frameworks somehow restrict the increasing presence of the multinational companies in Australia. The Trade Practices Act 1974 and the Trade Practices Regulations 1998 have their strict laws and legal frameworks as per which the organisations can enter in franchising agreement. There are other issues such as franchisee failures which also restrict the organisations to involve in franchising. As already discussed, fast food industry is a mature business industry of Australia, thus, the chances of franchising failures are much high because of higher market comp etition, decreased sustainability, few or no untapped markets or regions to cover with the fast food business operations (Fleischhacker, et al., 2011). There is a vast impact of franchisor failure on the franchisees as there can be collapse of the franchisees business or the failure of the franchisors business. In number of researchers, the failure is of the franchisee unit which is acting independently. In, Fast food nation: The dark side of the all-American meal, Schlosser, have explained the impact of franchising failures in an in-depth manner, where not only the positivism of franchising is targeted but also the disadvantages and negative implications of franchising have also targeted (Schlosser, 2012). Australia is a developed nation with dynamic environmental factors and highly fluctuating economy. The opening of a sub-continental fast food restaurant is both a risky and beneficial decision. There can be attained several advantages from the opening of fast food restaurant through franchising agreement such as trained management, low risk, high control, balanced approach, applied theories and practices, increase brand value, in creased sales, higher market share, presence in untapped region, etc. But at the same time, scholars demonstrate the negative outcomes too including control issues, franchising failure, entrance in a fully developed sector, increased competition, tough entry, management issues, etc. (Combs, Michael and Castrogiovanni, 2004). Conclusion In this paper, it has been review that how rapidly the fast food sector and the franchising business operations are rapidly increasing in the markets of Australia. The country is a well-known and well-established place for the inflow of foreign direct investments. The literature presented on franchising shows that there are both pros and cons of involving in the franchising agreements. The Australian market are the competitive markets which support franchising and foreign direct investments but still for saving the local retailers, there is firmness in the legal frameworks. From the perspectives of various authors and researchers the advantages of performing franchising business in a good decision but when it is in consideration with fast food industry of Australia, the same observes as a less effective because of the increased competition and high number of fast food outlets already existing in the nations. The literature shows that people are moving towards healthy and nutritious d ietary patterns because of increasing health issues among the adults as well as the children. Therefore, the opening of a sub-continental-style fast food franchise in Australia have numerous benefits which acts as the push factor to initiate the business operations but at the same time some factors also acts as the restricted forces. References Awoseila, F., 2011. Reinventing business growth through franchising in developing economies: A study of the Nigerian fast food sector.International Journal of Marketing Studies,3(1), p.162. Brailsford, I., 2003. 'US IMAGE BUT NZ VENTURE': AMERICANA AND FAST-FOOD ADVERTISING IN NEW ZEALAND, 1971-1990.Australasian Journal of American Studies,22(2), pp.10-24. Cavusgil, S.T., Knight, G., Riesenberger, J.R., Rammal, H.G. and Rose, E.L., 2014.International business. Pearson Australia. Combs, J.G., Michael, S.C. and Castrogiovanni, G.J., 2004. Franchising: A review and avenues to greater theoretical diversity.Journal of Management,30(6), pp.907-931. Dant, R.P., Grnhagen, M. and Windsperger, J., 2011. Franchising research frontiers for the twenty-first century.Journal of Retailing,87(3), pp.253-268. Doherty, A.M., 2009. Market and partner selection processes in international retail franchising.Journal of Business Research,62(5), pp.528-534. Fleischhacker, S.E., Evenson, K.R., Rodriguez, D.A. and Ammerman, A.S., 2011. A systematic review of fast food access studies.Obesity reviews,12(5). Frazer, L., Weaven, S. and Wright, O., 2002.Franchising Australia 2006 Survey. Griffith University and Franchise Council of Australia. Hoffman, R.C. and Preble, J.F., 1991. Franchising: Selecting a strategy for rapid growth.Long Range Planning,24(4), pp.74-85. Hussain, D. and Windsperger, J., 2010. Multi-unit ownership strategy in franchising: Development of an integrative model.Journal of Marketing Channels,17(1), pp.3-31. Paik, Y. and Choi, D.Y., 2007. Control, autonomy and collaboration in the fast food industry: a comparative study between domestic and international franchising.International Small Business Journal,25(5), pp.539-562. Reed, R. and Elliott, P., 1999. The valuation of fast-food outlets: analysis, methodology, and reliability.The appraisal journal,67(4), pp.359-369. Schlosser, E., 2012.Fast food nation: The dark side of the all-American meal. Houghton Mifflin Harcourt. Weaven, S. and Frazer, L., 2007. Expansion Through Multiple Unit Franchising Australian Franchisors Reveal their Motivations.International Small Business Journal,25(2), pp.173-205.