Tuesday, December 24, 2019

Franco and Fascist Spain - 3113 Words

The long term misunderstanding and simplification of RIGHT vs. LEFT terminology in political discourse is responsible for the misconception that â€Å"The RIGHT† with its emphasis on traditional, nationalistic, conservative or religious values is inevitably a step in the direction of the FAR RIGHT ending in Fascism. Yet history has demonstrated that both political extremes share a basic common appeal to the â€Å"masses† and depend on a collectivist ideology that glorifies abstractions such as The Nation, The People, The Throne or The Working Class. On the eve of World War II, various so called â€Å"Right Wing† authoritarian regimes of the conservative, traditional, national and religious type (always considered by the Left to be†¦show more content†¦Many conservative supporters of the church, military and monarchy were concerned as much by the leader of the Falange, Jose Antonio, (always referred to by his admirers and followers by his first names only) as by the Marxists and their myriad anarchist and socialist parties. The moderate conservative right, monarchist and centrist parties that opposed the Leftist â€Å"Popular Front† in the elections in 1936 refused to enter into an electoral alliance with the Falange which stood isolated. Jose Antonio had stepped on too many toes by his justifiable criticism of scandal and corruption among parties of all shades. His calls for social justice for the Spanish working class, small farmers and agricultural workers led to charges by the Catholic and conservative Right Wing Press that he was a â€Å"Bolshevik† to which he responded that all those wealthy Spaniards who valued luxuries and their petty whims more than the hunger of the people were the real Bolsheviks –â€Å"the Bolshevism of the Privileged† and added oil to the fire by proclaiming In the depths of our souls there vibrates a sympathy toward many people of the Left who have arrived at hatred by the same path which has led us to love – criticism of a sad mediocre, miserable and melancholy Spain.† Mussolini had been a Socialist in his youth and shown anti-Catholic sentiments during the first ten years of Fascist rule. Similarly in Spain, the Catholic Church was suspicious of the Falange and its streetShow MoreRelated Francisco Franco Essay examples872 Words   |  4 Pages Francisco Franco Francisco Franco was the dictator of Spain from 1939 to 1975, including the time of WW2. Perhaps he was better known as â€Å"El Caudillo,† translated into English as The Leader. He was born and raised in Spain. He was a very brilliant military general who led Nationalist rebels in defeating the Spanish government during the Spanish Civil War. Although he was viewed as a Fascist Dictator, he strongly opposed communism. He was an extremely important figure in the course of world historyRead MoreSpanish Civil War: The Struggle Between Fascism and Communism 1431 Words   |  6 PagesGeneral Francisco Franco on the 17 July 1936 and ended with Franco’s victory on the 1 April, 1939. This victory resulted in the replacement of the Second Spanish Republic with the conservative dictatorship of Franco. 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On the Republican side, help was receivedRead MoreFrancisco Franco Essay736 Words   |  3 PagesFrancisco Franco was a general and authoritarian leader, who governed Spain from 1939 to 1975. He came to power shortly after the start of the Spanish Civil War. In that war, he led the rebel Nationalist Army to victory over the Loyalist forces. After the war ended in 1939, Franco held complete control of Spain. His regime was similar to a Fascist dictatorship. He carried out the functions of chief of state, prime minister, commander in chief, and leader of the Falange, the only permitted politicalRead MoreThe Dictatorship Of A Fascist Regime Essay1918 Words   |  8 PagesGeneralissimo Francisco Franco came into power after his victory in the Civil war in 1939 and ruled over Spain till his death in 1975. In this 40-year period Spain was massive changed that causes much debate as to the political nature of Franco’s regime whether it is fascist or something different, Francoism. 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Monday, December 16, 2019

Contract of Documents between Macbeth and Noddy Bank Free Essays

The contract for sale which Macbeth had entered with Weetocrunch Ltd is a separate contract with that of the contract entered with the banks with regards to the documentary credits. For the purposes of this question, we are only dealing with the contract of the documents between Macbeth and the confirming bank, Noddy Bank. Noddy bank had been authorized in this case by the issuing bank, Toytown Bank to pay the beneficiary, also known as the seller, Macbeth for the goods he had shipped to Weetocrunch. We will write a custom essay sample on Contract of Documents between Macbeth and Noddy Bank or any similar topic only for you Order Now It is only upon presentation by Macbeth of valid documents that complies with the terms and requirements stated in the Letter of credit that had been opened by Toytown Bank on behalf of Weetocrunch, that he can receive his payment. As it is the letter of credit acts as some form of safeguard for seller that he will receive his payment as once the bank opens the letter of credit, they are under a contractual obligation to pay the seller upon presentation of complying documents. In this case, it can be seen that the documents presented by Macbeth had been ejected twice by the bank, first on the grounds that the documents are not original and secondly where the description of the goods in the bill of lading differs. For that we refer to the body known as Uniform Customs and Practice for Documentary Credits (UCP) which governs the practice of documentary credit. It should be noted that the law construed by UCP must be incorporated into the contract by the parties for it to have legal effect. However, even if it is not incorporated, the courts are likely to view it as impliedly incorporated as it has gained igh level of acceptance among international bankers. Therefore, assuming that IJCP applies in this case, the documents involved are bound by the UCP articles. Under UCP 600, article 15, the bank that is presented with documents have to ensure that they comply with the terms of the credit and if the document complies, they have to pay and under IJCP 500 article 13(a), the bank is to examine the documents with reasonable care to ascertain whether they appear on the face to be in compliance with the requirement of the credit. If the documents are however not in ompliance, the bank under UCP 600 article 14(b) reserves the right to reject them. It is therefore establish here that the bank do have a right to reject documents. In this case then, the two issues to be dealt with are (1) whether the bank had the right to reject the photocopied custom certificate and (2)whether the bank had the right to reject the bill of lading because of the description error. Issue 1: UCP 600, Article 17(b) states that there should at least be one original of each stipulated document be tendered to the bank and it shall be treated as original it it ore an original signature, mark, stamp or label of the issuer of the document unless the document indicates it is not original and under 17(c), a bank shall also accept a document as original if it appears so be written, typed or stamped by the document issuer’s hand, or by the document issuer’s original stationary or states that it is original. In this case, it is not stated whether the document had any kind of markings of whether it was indicated as original on it, it was merely stated that it was a photocopied version that was rejected. Assuming that there were no markings as uch, then It could be inferred that the rejection was Justified following the case of Glencore International AG v Bank of China where the documents were rejected because the photocopies were not marked as original. In that case, it was also stated that a signature on photocopied piece does not make it an original but merely an authenticated copy. However, following the case of Credit Industriel et Commercial v China Merchants Bank, it was held that for obvious original documents, they need not be marked and for photocopied documents where there is a stamp of the upplier’s name, address and telephone no. with an ink signature, the court accepted it as original even though it was not stamped ‘original’. Therefore if there were such markings found on the photocopied custom certificate and the bank had rejected it, the bank may be liable for wrongly rejecting the documents. Issue 2: As mentioned earlier, the bank have to put up with strict compliance when handling documents presented by the beneficiaries. They have to ensure that the documents meets the necessary terms and conditions stated in the letter of credit and as once emarked by Viscount Sumner in Equitable Trust Co of New York v Dawson Partners Ltd, there is no room for documents which are almost the same, or which will do Just as well. In Seaconsar Far East Ltd v Bank Markazi Jomhouri Islami Iran, the letter of credit stipulated that all the documents presented must bear LC number and the buyer’s name. When one of the document failed to have the LC no. on it, the bank rejected it and the court found that its action was Justified. Similarly, in JH Rayner Co Ltd, Hambro’s Bank Ltd, the credit stipulated â€Å"C oromandel Groundnuts† but the eller presented a bill of lading that states â€Å"Machine-shelled groundnuts. Though it had been known for these terms to be used interchangeable, the court found that the bank had the right to reject the documents. By following this case itself, we might be able to infer that the bank was right in rejecting the documents when the bill of lading states ‘Eastern Wheat’ instead of ‘Ruritanian wheat’and that fact that it is well known in the wheat trade that the wheat are identical will not matter. However, Macbeth may still have a chance if they are able to prove that the error was ne of trivial discrepancy. As stated under IJCP 600 article 30(b), the IJCP do allow certain discrepancies. However, what is meant by trivial is unclear. In Glencore International AG v Bank of China, the word branch which was used instead of brand was tound to be merely an error whereas the court was not as generous in Beyene v Irving Trust Co. , where the bill of lading which had misspelled Mohammed Soran instead of Mohammed Sofan was rejected. It is therefore not certain whether Macbeth will be able to reply on this but chances are it appears to be very slim. b) As explained in question (a), the bank will have to put up with strict compliance when handling with the documents presented by the beneficiaries and they reserve the right to reject the documents when following their own Judgment and feels that it does not comply with the terms and conditions of the letter of credit. In this second situation, it not much about an accepting or rejecting documents matter but one which involves fraud. An amendment has been made to the bill of lading by someone to change the date of shipment from 2 February to 31 January and although it has een clearly stated that Macbeth was not responsible for this amendment, he may still be liable for fraud under misrepresentation if he carries on to seek for payment as he was aware of the alteration. In the case Standard Chartered Bank v Pakistan National Shipping Corpn, it was held that there will be fraud if the beneficiary or their agent presents documents knowing they contain untrue statements and intending they should be acted on by the person receiving the documents and it will not matter whatever their motive was. It will be a totally different issue however here the beneficiary or the agent was not aware of the untruth and had acted in good faith. In this case however it appears unlikely to be so as Macbeth had made a discovery. Therefore, if Macbeth continues to tender the shipping documents to the Noddy bank, Noddy bank will reserve the right to refuse payment if the bank is able to rely on the alteration of the dates on the bill of lading as compelling evidence of fraudulent presentation by Macbeth. What Macbeth will have to do now after rejection is to after the original company where he had bought the wheat from. How to cite Contract of Documents between Macbeth and Noddy Bank, Papers

Sunday, December 8, 2019

Tobacco Industry Corporate Social Responsibility - Free Samples

Question: Discuss about the Tobacco Industry Corporate Social Responsibility. Answer: Introduction: Strategic management is the process of evaluation and formation of effective strategies performed by the management team on behalf of owners of organization along with the stimulation of attainment of desired goals and objectives considering the internal and external environment. This procedure develops certain plans in order to attain the desires of the organization and these plans are developed on the basis of organizational requirements, rules, regulations and policies. While developing the strategies for the organization, it is necessary to consider some important points such as external and internal marketing environment, current position in the global market. Coca-Cola and PepsiCo are two big brands of soft drink industry and both of them plays effective role for being each others competitor. Strategic planning is a combination of objectives, plans and policies which is done to develop effective organizational strategies with regards to attain competitive advantage in the marketplace. An organizations efficiency could be determined with its strategies, thus, it is necessary for every organization to consider every crucial aspects such as external and internal business environmental conditions before developing strategies in order gain competitive advantage. in terms of international market, Coca-Cola is considered as strong because it holds almost 50% share of the overall non-alcoholic market share in the global market whereas, PepsiCo holds approximately 25% market share. This means, PepsiCo nowhere stands close to Coca-Cola in the international beverage industry. But due to few companies engagement in this industry, PepsiCo is considered as the direct competitor for Coca-Cola in the global market (Cassidy, 2016). Rivalry amongst both the companies is bit old now but still competition between PepsiCo and Coca Cola is considered to be the top rivalry between the two recognized international brands in the world. Thus, PepsiCo tries to attain competitive advantage by adopting unique and innovative measures in their strategies while Coca-Cola is doing the same as defensive strategies in order to maintain their acquired image in the global market (Ling, 2017). External Analysis (PESTLE analysis) Political factors such as governments policies, interest of political parties, etc. influence the performance of beverage industry. In relation with the smooth functioning, both companies i.e. PepsiCo and Coca-Cola have fulfilled all the political factors. Coca-Cola and PepsiCo both have developed its presence in most of the parts of the globe but due to different political conditions and political stability, both the companies are still struggling to enter into several parts (Shtal, et. al., 2018). Same goes with economic conditions, these are also varies country to country. It has been observed that some Asian countries have instable economic conditions due to which adopting license for execution of operations related to beverage industry. GDP, inflation rate, interest rate, exchange rates, etc. factors are some of the crucial factors which affect the performance of PepsiCo and Coca-Cola (Salmons, 2012). Social factors such as target customers tastes, preferences, recent trends, affect the demand of products. In terms of Coca-Cola, they have targeted the countries with high populations which are mainly Asian countries. Apart from this, hot climates are other major factors which are considered by Coca-Cola and PepsiCo in terms of increasing demand of their products (Stone Stone, 2013). Technological advancement is necessary for every company in every industry as it helps them to meet its customers demand in time. With the help of technological improvements, production capacity could easily be enhanced. PepsiCo and Coca-Cola have adopted recent technological advancements with regards to fulfil its target demographics demand along with minimising the wastage of water and other natural resources (Salar Salar, 2014). Legal factors Soft drinks are part of FMCG (fast moving consumer goods) market. Thus, regulations imposed by every country with regards to the production and distribution of FMCG products needs to be considered while developing strategies. Major environmental issues which Coca-Cola, PepsiCo and other soft drink manufacturer face are over-utilisation of ground water and other water resources. Along with this, disposition of waste, imposing control over excess utilisation of natural resources, etc. are some other issues which affects the whole beverage industrys performance. With this regard, both the companies have developed sustainable development policies under which various projects have been executed to save environment as well as other natural resources. Internal Analysis (SWOT) Strengths Weaknesses Coca-Cola PepsiCo Coca-Cola PepsiCo Strong brand reputation Creative and solid brand marketing Growing product portfolio Global experience Brand Equity Customer Loyalty Less diversified portfolio Value addition Competition Product dependency Failed products Opportunities Threats Coca-Cola PepsiCo Coca-Cola PepsiCo Various successful brands to pursue High brand recognition Healthy drinks Improve brand image Improve customer relations Research and development Intense competition from PepsiCo Imposition of taxes Health factor Competition from Coca-Cola Economic slowdowns Government norms and regulations Health factor Competitive analysis Competitive analysis is the method under which primary competitors positon is being evaluated by effective measures. This could be done in various forms such as by evaluating the revenues, strategies, brand reputation, value, etc. Coca-Cola and PepsiCo are one of the biggest rivals in the global market and their rivalry is continued since a very long time. They both have been compared lot of times on various aspects. The major factors on which success of soft drink is based on are availability, cooling, visibility, and range. Under this, availability determines the availability of products at any store. Visibility means that if Coca-Cola is present at any store but it is not visualised then availability will be of no use at that particular store. Cooling plays crucial role in the success of soft drinks because until and unless, soft drinks are not chilled, they are of no use. The last factor is range and it impact over the revenues of the companies. Availability of all flavours in al l sizes is known as range availability (Muzumdar, 2014). With the help of competitive analysis, current position could be determined along with the determination of strengths and weaknesses of direct competitors. Competitive analysis plays vital role in corporate strategy. In terms of Coca-Cola and PepsiCo, they both are primary competitors for each other. In terms of gaining competitive advantage over each other as well as to maintain the acquired position in the market, following strategies have been adopted by them: PepsiCo: Being a global leader in soft drink, organization focuses over meeting customers needs and enhancing brand value by synchronizing with local and traditional events. In order to enhance demand of their product, PepsiCo launches discount and attractive offers time to time along with attractive slogans and mission statements (Nganga, 2012). One of the solid weapons Pepsi have in their armoury is internal flexibility provided to its employees. In this manner, PepsiCo has given freedom to every manager, salesperson, etc. to promote PepsiCo at their own in order to enhance the demand as well as consumption in the market to gain competitive advantage over Coca-Cola (Bonnet Requillart, 2011). Pricing strategy also plays crucial role in terms of enhancing the demand of the products, thus, PepsiCo has adopted several promotional and discount offers in terms of attracting audience. Due to fewer margins in this industry, both the companies compete with each other at very less rate of profit margin. For example: if Coca-Cola is selling a 500 ml bottle at $0.10 then PepsiCo will reduce its prices to $0.09 in terms of raising demand of their products. Current revenue of PepsiCo is US $ 63,525 million. Coca-Cola: They set up brand image and reliability amongst the target audience by synchronising with mega and popular events such as Cricket World Cup, FIFA World Cup, etc. Apart from this, Coca-Cola has also entered into local markets and with the motive of making customer relations, various local events have also been promoted and sponsored by them (Cuganesan, Guthrie Ward, 2010). In terms of flexibility, Coca-Cola requires approval from its headquarters before starting any promotional or marketing campaign. The same pricing strategy has also been adopted by Coca-Cola but due to huge market share in the global soft drink industry, Coca-Cola focuses over product diversification, maintaining its brand image and on improving quality of its products rather reducing the prices of soft drinks to increase sales. Current revenue of Coca-Cola is US $ 35.410 billion. Industry analysis It is a tool which facilitates a companys understanding regarding its position in the market in comparison to the other companies of the same industry. It helps the companies to develop their strategies in an effective manner considering all factors. It also helps the companies to identify the threats and opportunities as well as to analyse their strengths and opportunities to gain competitive advantage. Industrial analysis could also be evaluated with the help of Porters five forces (Adeoye Elegunde, 2012). This force has low impact over both companies performance and this is because large numbers of suppliers are available in the market and switching costs is also low. In the same manner, it is bit easy for both the companies to switch suppliers at one call while, it will be bit difficult process for suppliers to switch from such companies in one move. Main factors which plays crucial role in bargaining power of suppliers are availability of large number of suppliers, and switching costs for suppliers are also high. Induvial bargaining power of customers is also low because sale of one bottle will not impact organizational overall sales. But there is slight difference between PepsiCos soft drinks and Coca-Colas soft drinks. Thus, this factor could affect both companies performance in negative manner. Coca-Colas customers do not focus over price. Due to several factors such as huge investment required, existence of big brands, etc., newcomers fears to enter into beverage industry. This is because large investment is required in every part i.e. from operations to marketing. Apart from this, customer loyalty of customers for existing brands is also high (Dorfman, et. al., 2012). Threat of substitutes Major substitute product for Coca-Cola and PepsiCo is each others products. Due to large products product offerings, availability of substitute is high for Coca-Cola in relevance with PepsiCo. Quality factor also plays crucial role in terms of making threat of substitute bit strong. Switching costs for customers is also low. Thus, this factor has bit huge impact as compared to other factors. Rivalry amongst Coca-Cola and PepsiCo is intense and both are considered as vital players for the beverage industry. There are some small companies also exists in the beverage industry but they does not have much potential to impact Coca-Colas or PepsiCos business. So, it could be said that rivalry between the existing firms has strong impact. References Adeoye, A.O. and Elegunde, A.F., 2012. Impacts of external business environment on organisational performance in the food and beverage industry in Nigeria.British Journal of Arts and Social Sciences,6(2), pp.194-201. Bonnet, C. and Requillart, V., 2011. Does the EU sugar policy reform increase added sugar consumption? An empirical evidence on the soft drink market.Health economics,20(9), pp.1012-1024. Cassidy, A., 2016.A practical guide to information systems strategic planning. CRC press. Cuganesan, S., Guthrie, J. and Ward, L., 2010. Examining CSR disclosure strategies within the Australian food and beverage industry. InAccounting Forum(Vol. 34, No. 3-4, pp. 169-183). Elsevier. Dorfman, L., Cheyne, A., Friedman, L.C., Wadud, A. and Gottlieb, M., 2012. Soda and tobacco industry corporate social responsibility campaigns: how do they compare?.PLoS medicine,9(6), p.e1001241. Ling, X., 2017. Customer Relationship Management: Case study Coca-Cola Company. Muzumdar, P., 2014. A Study of Business Process: Case Study Approach to PepsiCo. Nganga, C., 2012. Coca-Cola Company. History, SWOT analysis, maketing strategies. Salar, M. and Salar, O., 2014. Determining pros and cons of franchising by using swot analysis.Procedia-Social and Behavioral Sciences,122, pp.515-519. Salmons, A., 2012. The Role of Marketing Auditing and Planning for Coca-Cola Corporation.Carpe Diem, The Australian Journal of Business Informatics,5(1). Shtal, T.V., Buriak, M.M., Amirbekuly, Y., Ukubassova, G.S., Kaskin, T.T. and Toiboldinova, Z.G., 2018. Methods of analysis of the external environment of business activities.Revista ESPACIOS,39(12). Stone, R.J. and Stone, R.J., 2013.Managing human resources. John Wiley and Sons.