The Changing Role Of The Teaching Assistant Education Essay

The Changing Role Of The Teaching Assistant Education Essay A short history into the changing job of the educating associate. Because of the administrations 2003 activity to change the staffing structure inside schools, the job of the Teaching Assistant has changed essentially as of late (Pugh, J. 2007) and has, thus, prompted various distributions and studies concerning the adequacy of these progressions on childrens learning. Generally, showing aides, or assistants as they were at times earlier known, were non showing grown-ups who helped qualified instructors via doing everyday preliminary and regulatory errands and giving peaceful consideration to youngsters. (Clayton. 1993) However, in 1998, the Local Government Chronicle distributed a synopsis of a Green Paper, (1998), in which they sketched out recommendations for utilizing a more noteworthy number of care staff 20,000 continuously 2002 so as to offer more help for instructors. The rundown likewise reported the administrations proposals for a progressively powerful utilization of, and better preparing for, encouraging collaborators and other school bolster staff which, alongside an ensuing OfSTED survey (2002a, p6) announced the requirement for preparing that would, coordinate any proposed structure of capabilities and to encourage profession movement. Filling in as a training colleague in this manner turned into a vocation thus started the genuine discussion about the job of the instructing partner. During a UNISON meeting on Building a World Class Education Service Estelle Morris expressed that: à ¢Ã¢â€š ¬Ã¢ ¦teaching collaborators have a fundamental task to carry out in our study halls (Morris, 2002, refered to in Unison, p.2) Yet, what does that job involve? Likewise with many occupation titles inside the workplace, the title encouraging associate is regularly deciphered in an assortment of ways yet one basic subject I have experienced, when addressing instructive staff, is that all training colleagues are facilitators of learning and in this way are basic components in the advancement of learning for kids. How the assistance is done, in any case, is less clear and open to singular understanding by the two managers and representatives. The capacity of a person to upgrade a students learning experience relies upon numerous variables and will regularly be chosen by nature in which they are utilized. Through close to home encounters I am persuaded that a school which esteems the commitments of its care staff will give proficient improvement openings and will, in this way, make an important asset that will bolster kids, instructors and the school itself. Supporting educating and learning A training aides job is to help the learning all things considered. So as to do this they, similar to any instructor, need to have a decent comprehension of how kids learn. In the book, Teaching and Learning in the Early Years, Whitebread (2008, section 1) examines Piagets thoughts that kids need to feel and hold authority over their learning. Whitebread proceeds by investigating Vygotsys claims that it is the job of the grown-up to give chances to social cooperation and to help the youngster in moving out of their customary range of familiarity or level of real turn of events and towards their potential by means of their zone of proximal turn of events. To do this, a training collaborator must see how to advance interest among youngsters while giving chances to conversation and investigation. With current class estimates in the district of up to 30 understudies, a class instructor will frequently be not able to take part in this indispensable part of creating childrens learning thus it is basic that supporting grown-ups are furnished with the aptitudes to framework learning and to give chances to them to build up the language should have been ready to examine and clarify their thoughts. (Bruner 1983, refered to in Peabody Journal of Education, pp 64-66) Just as of late I was lucky to be a piece of an activity to advance perusing among a gathering of hesitant male perusers who had, for obscure reasons, figured a conclusion that perusing was a task to be attempted with hostility and just when educated to do as such. My job was that of the empowering grown-up as portrayed by Chambers (1991). By giving them a chance to share and examine every others perusing encounters I had the option to, through the span of just seven days, release in them an ability and pleasure in perusing. The result of this immediately got evident in their comprehension of composed content. The kids likewise started composition with excitement, utilizing their own insight and encounters; thus, they are in charge of their own learning. The kids feel engaged by the way that they are straightforwardly liable for the advancement that they are making and keep on making the most of our week after week conversations about their perusing and progress. The kids referenced don't have exceptional instructive needs, as is frequently the situation for understudies being upheld by an educating aide. Kids with SEN need a more significant level of help and this has, verifiably, been given by instructing partners. (Alborz et al, 2009a) This has recently been a territory for banter with The Daily Telegraph (2009) distributing an article guaranteeing that exploration shows that, Pupils gain less ground in homerooms where schools utilize all the more educating partners. This article expresses that instructing partners regularly bolster lower accomplishing understudies, bringing about them being less upheld by a certified educator and to them gaining constrained ground. The article doesn't, in any case, consider the preparation of the instructing associates. While assessing the effect of workforce renovating, a report by OfSTED (2004) expressed that when an instructing right hand is delegated to work with painstakingly picked understudies and is given the preparation to do so adequately, the students gain critical ground. This is, obviously, just as the undeniable advantages of furnishing the instructor with more opportunity to concentrate on different students. Having worked nearby a few training associates utilized to help kids with SEN I have seen the vast advantage to the student and the class in general. The training partners empowered the understudies to be remembered for a standard study hall and access the educational plan, while permitting the class instructor to help most of the students. Their help included the re-upholding of the entire class educating, giving the student the certainty to take an interest in class conversations, improvement of jargon, offering acclaim and support and input on the finished assignment. Following the exercise, the instructing colleague additionally furnished the educator with evaluation and observing criticism to empower appraisal of and for learning. This evaluation has become a fundamental part of the job of the showing aide and supports the instructor and student by empowering separation and customized figuring out how to turn out to be each day practice. (OfSTED, 2002b) Direction distributed by the NFER (2002, refered to in DfES, 2005, p.22) found that when educators and training aides cooperate the outcomes are an increasingly compelling degree of instructing and learning. A case of this is a situation I have encountered as of late where a training right hand upheld the learning of most of the class while the class educator concentrated on the kids with SEN. Because of the educator and instructing associate having invested energy cooperating to design the exercise, the training right hand had the option to help the learning goals and help understudies in their accomplishment of them. Training colleagues can likewise, when remembered for the arranging of an exercise, effectively take an interest in the conveyance of the exercise giving an elective perspective or by assuming a character in job. One such model was given by my partner who, after understanding that a considerable lot of the understudies inside the class had misconstrued a key idea, professed to be befuddled and lifted a hand to request explanation. Accordingly, students built up a more clear comprehension of the exercise and thusly, the training right hand had assumed a significant job in building up their learning. By executing a blend of these methodologies and with viable preparing and direction, training partners can offer priceless help for all youngsters inside any exercise. Encouraging aides additionally bolster conduct the executives inside classes and can give an elective degree of discernment inside the study hall. In day by day Literacy exercises, I have watched a showing right hand supporting an understudy with ADHD and have presumably that without her essence, the class educator would need to spend an enormous extent of the exercise settling the youngster and tending to low level interruptions. Individual experience has given me that kids with enthusiastic and/or conduct troubles are frequently progressively responsive towards an encouraging associate with whom they can produce a positive grown-up/youngster relationship. This can contribute towards the social and enthusiastic prosperity of the kid as illustrated by Alborz et al. (2009b). Supporting the instructor and the school Other than the chance to help childrens getting the hang of during exercise time, training colleagues keep on completing a large number of managerial errands so as to help the class educator and the school overall. The National Agreement, (ATL et al. 2003, p.2), executed as a component of the legislatures workforce redesigning activity, expresses that instructors ought not invest their energy completing managerial obligations that don't utilize their aptitudes and skill however that these assignments ought to be done by help staff. The understanding layouts twenty-one assignments that instructing staff ought not be required to do including the arrangement of homeroom assets, copying, the assortment of monies for instructive visit and the planning and setting up of presentations. These errands should likewise, accordingly, be viewed as the obligation of the instructing right hand. All of the managerial undertakings has a

The Crusades Essay Research Paper Crusades were free essay sample

The Crusades Essay, Research Paper Battles were Christian military campaigns sorted out primarily to recover Palestine during the Middle Ages. Palestine, other than called the Holy Land, was of import to Christians since it was where Jesus Christ had lived. Palestine lay along the eastern beach of the Mediterranean Sea, and Muslims had assumed responsibility for it from Christians. The reformers, who originated from Western Europe, sorted out eight significant campaigns between A.D. 1096 and 1270. This was a period when Western Europe was spread excursion its monetary framework and expanding its military powers. The Crusades were a bit of a wide Christian development movement. Rulers, Lords, and 1000s of knights, provincials, and townsfolks took partition in the Crusades. They had two closures, to infer enduring control of the Holy Land and to secure the Byzantine Empire, a Grecian Christian imperium focused in southeasterly Europe, from the Muslims. Be that as it may, numerous reformers other than battled to build their influence, locale, and riches. We will compose a custom paper test on The Crusades Essay Research Paper Crusades were or on the other hand any comparative point explicitly for you Don't WasteYour Time Recruit WRITER Just 13.90/page The reformers won a few clashes and built up a reformer land along the eastern shore of the Mediterranean Sea, however their triumphs had no enduring result. Be that as it may, the Crusades expanded previously bing contacts between the West and the East. These contacts prompted additional exchange and corporate greed. The reformers neglected to bring through their central closures. They recovered the Holy Land for a clasp however could non set up suffering command over the nation. Western and Eastern Christians joined to fight the Muslims. In any case, dealingss between the two gatherings of Christians, especially as a result of the Fourth Crusade, turned out to be sharp to such an extent that they prompted a legacy of scorn. The Byzantine Empire tumbled to the Ottoman Empir nutrient E in 1453. In add-on, the pope’s notoriety declined in light of the fact that some Catholic Popes utilized the Crusades for individual and political option. Be that as it may, the Crusades other than improved European life. For delineation, they more remote animated financial developing by passing on expanded exchange between metropoliss that flanked the Mediterranean Sea. The Italian metropoliss of Venice, Genoa, and Pisa thrived and became incredible by moving reformers and their provisions to the Middle East, where these metropoliss picked up benefits in areas vanquished during the Crusades. Merchandise from Asia went through these areas on the way to the metropoliss in Italy. Western Europeans other than figured out how to develop better ships and accomplish increasingly exact maps during the Crusades. They started to use attractive compasses to state waies. The Crusades were of simply unassuming significance contrasted with the extraordinary business augmentation or the ascent of governments in Western Europe. In the leaders of the individuals of the crusading age, all things considered, the Crusades appeared to be extremely of import. Students of history one time thought the reformers who came back to Europe familiar Westerners with the merchandise and lifestyles in the East. The historiographers believed that this contact extraordinarily impacted life in the West. As a result of the Crusades, history specialists one time contended, Europeans were acquainted with so much focuses as sugar, silk, velvet, and glass mirrors. Present day historiographers, in any case, dismiss these announcements. They state that Europeans had known about sugar, silk, velvet, and glass reflects before the Crusades. These historiographers point to a wide total of exchange between Muslims, Byzantines, and Europeans numerous mature ages before the Crusades. Venice, most importantly, had served for some mature ages as a nexus between the East and West.

5 Books on Athlete Protests in (Recent) History

5 Books on Athlete Protests in (Recent) History This is a guest post from Shaun Manning. Shaun is a writer and publishing pro living in Ann Arbor with his wife, daughter, and cat, all of whom have eclectic tastes in reading. He holds a masters degree in creative writing from the University of Glasgow, where he won a bottle of whiskey for a public reading. Shaun is the author of three graphic novels and assorted short stories in several mediaâ€"perhaps you heard him on Radio 4, but probably not. Follow him on Twitter  @FasterthanShaun. Colin Kaepernick was not the first professional athlete to protest against injustice in America. He wasnt even first on board for the current round of athletes making waves by disrupting the comfortable entertainment of game day with powerful, pointed messages. Yet because of the unique, tangible retaliation he experienced in being declined a spot on any NFL team for the 2017 season despite his skills, he has rather become a figurehead of the #Resistance within the sporting worldâ€"a status that will only be amplified by the president of the United States calling him a son of a bitch in a public forum. While Kaepernick had previously garnered scattered support as other pros took up his particular form of protestâ€"kneeling during the national anthemâ€"the presidents words served as a rallying cry, amplifying, if not quite unifying, support behind the displaced quarterback. Athletes are in a perhaps unique situation to influence the cultural conversation, but they do so at great risk to their own careers. Already in the wake of the presidents statements about Kaepernick and NBA star Steph Curry, LeBron James has spoken outâ€"in a tweet liked more than one million timesâ€"in a way that Michael Jordan never did, and in much stronger terms than some might expect. LeBron is using his platform, one of the biggest in the worldâ€"and more powerful, potentially, than that of the purported Leader of the Free World. So while were praising the current generation of athletes for exercising their First Amendment rights, perhaps now is a good time to read up on other stars who have spoken truth to power. Sting Like a Bee: Muhammad Ali vs. the United States of America, 1966-1971 by Leigh Montville Muhammad Alis refusal to be drafted into the Vietnam war has been the subject of much discussion and more than a few books, with former Boston Globe and Sports Illustrated columnist Leigh Montvilles Sting Like a Bee the latest compelling entry. Memorials for the celebrated boxer, who passed away in 2016, focused on his prowess in the ring and his charismatic personality, largely glossing over the controversial role he played as a civil rights icon. Sting Like a Bee delves into Alis battles with a legal system and dominant American culture that were set against him. Black 14: The Rise, Fall and Rebirth of Wyoming Football  by Ryan Thorburn Many of the most prominent moments of activism in sports have focused on broad patterns of social injustice, but the University of Wyoming football teams protest centered on one very particular bit of discrimination: the Mormon churchs refusal to admit African Americans into its priesthood. In response, 14 of Wyomings black players asked coach Lloyd Eaton for permission to wear black armbands during their game against Brigham Young Universityâ€"a request their coach denied. When they came to his office wearing the armbands over their everyday clothes, Eaton expelled them from the team. Despite efforts to negotiate with Eaton on reinstatement, the school ultimately sided with the coach, and the playersâ€"now known as the Black 14â€"found themselves not only out of a college football career, but also in danger of losing their college education. Writings on the Wall: Searching for a New Equality Beyond Black and White by Kareem Abdul-Jabbar Rather than an examination of an athletes political action, Writings on the Wall is a book of essays by former NBA superstar Kareem Abdul-Jabbar. Outspoken and controversial during his basketball career, since retiring Abdul-Jabbar has shown himself to be one of the smartest, most insightful guys in the wide world of sports. Writings on the Wall bears more resemblance to the works of Ta-Nehisi Coates than it does to a basketball memoir, and establishes Abdul-Jabbar as an important voice in the world of cultural criticismâ€"bolstered, of course, by his celebrity status. Because lets face it, TNC will never have the name recognition that Kareem enjoys unless he manages to become the NBAs all time leading scorer. Silent Gesture: The Autobiography of Tommie Smith  by Tommie Smith In 1968, Tommie Smith, American gold medalist in the 200 meter dash, stood upon the winners podium with bronze medalist John Carlos, both raising their fists in a silent protest. If I win I am an American, not a black American. But if I did something bad then they would say, a Negro. We are black and we are proud of being black, Smith said. Both athletes were expelled from the Mexico City Olympic games, and back home the media narrative predictably turned against themâ€"they were extremists, Smith was a member of the Black Panther party (which he denies), and so forth. Silent Gesture tells Smiths story of his decision to protest and what came after. The Revolt of the Black Athlete  by Harry Edwards Harry Edwards, a professor and sociologist whom Tommie Smith credited with helping to inspire his protest at the 1968 games, has written the definitive book on Black activism in sportsâ€"fifty years ago. The new edition, published in May by the University of Illinois Press, includes a new introduction and afterword that situates protests by Smith, Carlos, Kareem Abdul-Jabbar and Muhammad Ali in the context of contemporary movements like Black Lives Matter. Edwards book is perhaps the most comprehensive look at activism and reception, outside of the particular instances of any one athlete or event, and thus the most likely to prescribe a meaningful way forward. Save Sign up for True Story to receive nonfiction news, new releases, and must-read forthcoming titles. Thank you for signing up! Keep an eye on your inbox.

Women in Singapore Should Be Allowed to Fight in the Front...

Women in Singapore should be allowed to fight in the front line Being part of the front line combat refers to being part of the most advanced tactical combat units forming a military line. Women in Singapore should be allowed to fight in the front line. It is undeniable that it would require high physical strength that most women lack, but women can be trained to be just as capable as men, if not better, or assume front line positions requiring less physical strength. The generalised statement of women being weaker should not restrict them from taking up front line combat positions. Women in Singapore should be given an opportunity to fight in the front line. Women in Singapore should be allowed to fight in the front line because women are†¦show more content†¦It would only be fair to give equal opportunities to women who are able to meet the same requirements as men and it would also promote equality with them being as capable as the men. Restricting women because they are weaker is a generalised statement and not a fact that associates with specific women. Major Gregory Trahan was witness to a female supply sergeant replacing a trained infantryman after running through a gauntlet of seven mortar rounds that exploded continuously as the three-vehicle convoy he was commanding came under fire during his 2003-2004 tour in and around Ramadi, Iraq. When the squad automatic weapon (SAW) gunner in her truck was shot, but not severely injured and was too terrified to get back on the gun, she radioed back to Major Gregory Trahan and received instructions to get someone back up there, so she put the gunner in her seat, got up, and started pulling security with the vehicle. The irony was, the gunner who had been pulling security on that truck was the armorer, who was an infantryman and the backbone of the army, while she was just a supply sergeant, and women were barred from the job of that armorer. Army Major Christopher L’Heureux was witness to a female lab technician, Van Wirt, just about five-foot-one, rescuing a male counterpart and getting out safely. An explosively formed penetrator had blown up one of his Strykers in the Baghdad’s Rusafa neighborhood, just across the Tigris River from the U.S. Embassy, and Van Wirt was pulling aShow MoreRelatedTheory and Pratice of Gay Marriage2384 Words   |  10 Pagestriangles, and no, there are no secrets: rather, their marriage might not be recognize if they live in the United States. When asked if we should treat everyone fairly, regardless of sexual orientation, gender, religious status, age, race, etc. the replied with enthusiastic is yes. However when we asked the same people who replied yes, if same-sex marriages should be allow, you received mixed answers. There are valid reasons brought up by those who oppose same sex marriages such as moral and religiousRead MoreModern History.Hsc.2012 Essay25799 Words   |  104 Pagesoriginally pursued a policy of non-intervention, avoiding conflict while trying to broker a peace. - When a German U-boat sank the British liner Lusitania in 1915, with 128 Americans aboard, U.S. President Woodrow Wilson vowed, America is too proud to fight and demanded an end to attacks on passenger ships. Germany complied. - Wilson unsuccessfully tried to mediate a settlement. He repeatedly warned the U.S. would not tolerate unrestricted submarine warfare, in violation of international law and URead MoreThe Results of World War 13349 Words   |  14 Pageslaunched movements for the recognition of their rights. Almost all countries were so heavily burdened that for years together their path of progress remained impeded. This war also had important social consequences. There was progress in the sphere of women. 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Should they have a more striking appearance by wearing the national colours black, red and gold? What would be ideal from the point of view of successful nation branding? Things like this playRead MoreSnack industry in Hong Kong Essay6276 Words   |  26 Pagesrecommend future strategies for improvement. For strategic analysis part, we used PESTLE and Porter’s 5 forces for external analysis; and SWOT and Value Chain for internal analysis. For Porter’s Five Forces analysis, the degree of each focus should be: 1. Rivalry among existing firms – low 2. Threat of new entrants - low 3. Bargaining power of suppliers - low 4. Bargaining power of buyers - low 5. Threat of substitutes products and service - medium During PESTLE analysis, we discovered

Pregnancy Rate Of Pregnancy During Adolescence - 986 Words

Every day we see young pregnant women in households and on the streets, sometimes in schools, in shops and elsewhere. There are many factors that lead to increasingly early exercise of sexuality in adolescents and thus to early pregnancies. Pregnancy during adolescence is a topic of great interest in all sectors of society, and across the world. Adolescence is a period of life in which the individual acquires the reproductive capacity, psychologically passes from childhood to adulthood. Journal of Adolescent Health conducted research on pregnancy rates, outcomes of birth and abortion among 15-to 19 years old and 10- to 14-year olds in all countries (Gilda, 2015). The hypotheses of this research is that pregnancy accords in teenage girls between the ages of 10 to 19 years old, 95% of these births occur in low- and middle-income. The research conducted by Journal of Adolescent Health, shows statistics of over 21 counties of pregnancies, abortions, births, and the Pregnancies that end in abortion (%). This Tables show a contrast with females 15-19 years old, and females 10-24 years old, Rate per 1,000 females. The average birth rate among teens in middle-income countries exceeds more than double that of high-income countries, and the share of low-income countries is five times higher. The proportion of births that take place during adolescence stands at around 2% in China, 18% in Latin America and the Caribbean and over 50% in sub-Saharan Africa. Half of all births inShow MoreRelatedThe Problem Of Teenage Pregnancy1720 Words   |  7 Pages Like Amy and Loeber (2009), when it comes to the ecological paradigm of teenage pregnancy, Corcoran, Franklin, and Bennett (2000) also believe one’s socioeconomic status is a huge factor that contributes to this problem. 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Pregnancy in adolescence have been associated with a variety of poor maternal and infant outcomesRead MoreThe Problem with Teenage Childbearing in the United States1039 Words   |  4 Pagesserious social problem in the United States. The rates of teen parenting are at is lowest, but the numbers still remain an issue. Teen parenting has been associated with negative outcomes for the parents and their children. Many teenage parents and their families are unaware of the disparities when becoming a teen parent. With outcomes of teen childbearing being identified, teen pregnancy prevention needs to be further addressed. Addressing teen pregnancy and methods of prevention will help strengthenRead MoreAdolescence : The Transitional Period Between Childhood And Adulthood1549 Words   |  7 PagesThroughout th ese stages come happiness, sadness, and excitement. Adolescence is the time where we may have had the best times and the worst times while going through the stage of life. 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When adolescents who, are often physically and mentally unprepared to bear a child are become mothers it has astoundingly negative outcom es for the mother. Including bad personal outcomes adolescent mothers often give birth to children with increased health issues when compared to a healthy adult mothers. Because of the negative outcomes associated with adolescent pregnancy, the issue should be addressed worldwide. Adolescent mothers

Market Positioning of New Product Free Essays

string(155) " a direct result the company developed a new product, branded Coke Zero, which is targeted at the health-conscious male segment of the soft drinks market\." What is Marketing : The word Marketing in narrow sense is used as the sum up of selling process. Now a days marketing is considered as managing profitable customer relationships. Hence, we define marketing as the process by which companies create value for customers and build strong customer relationships in order to capture value from customers in return. We will write a custom essay sample on Market Positioning of New Product or any similar topic only for you Order Now Here the figure 1. 1 presents a simple five step model of the marketing process. In the first four steps companies work to understand consumers, create customer value and build strong customer relationships. In the final step companies reach the reward of creating superior customer value. By creating value for customers , they in turn capture value from customers in the form of sales, profits, and long term customer equity. In the face of today’s changing business , to success , this expand model of marketing is very much helpful. All steps of this marketing process is important. As a first step, marketers need to understand customers needs and wants and the market place within which they operate. Once its fully understood , consumers and marketplace, Marketing management design a customer driven marketing strategy. In the next steps, marketers construct a marketing program that actually deliver superior value through building profitable customer relationships by capturing value from customers. Here we will focus on customer driven marketing strategy of launching a product or service. Customer – driven marketing strategy and marketing management orientations that guide marketing strategy: To design a winning marketing strategy , the company must first decide who it will serve. It does this by dividing the market into segments of customers(market segmentation) and selecting which segments it will cultivate(target marketing). Next , the company must decide how it will serve targeted customers(how it will differentiate and position itself in the marketplace). Marketing management wants to design strategies that will build profitable relationships with target consumers. There are five alternative concepts under which organizations design and carry out their marketing strategies. These are :- *Production concept: *Product concept *Selling concept *Marketing concept *Social marketing concept roduction concept The philosophy that consumers will favor products that are available and highly affordable, and that management should therefore focus on improving production and distribution efficiency product concept: The idea that C’l will favor products that offer the most quality, performance and features, and that the organisation should therefore, devote its energy to making continuous produce improve merits selling concept: The idea that consumers†¢ will not buy enough of the organisation’s products unless the organisation undertakes large-scale selling and promotion effort arketing concept The marketing management philosophy†¢ which holds that achieving organizational goals depends on determining the needs and wants qf target markets and delivering the desired satisfactions more effectively and efficiently than competitors do. societal marketing concept: The idea that the organization should determine the need, want and interests of target markets and deliver the desired satisfactions more effectively and efficiently than competitors in a ay that maintains or improves the consumer’s and society’s well-being. There is no hard and fast rule to strictly follow any particular concept. These concept are followed by different companies as their convenience as their business mission. This may vary for different companies beside some companies may follow the combination of these orientation. Marketing mix The set of controllabletactic-id marketing tools- product, price, place and promotion – that tlivfirm blends to producethe response it wants in che target market ‘functional chewing and bubble gums’ [pic] Product Anything that can be offered to a market for attention, acquisition, use or consumption that might satisfy a want. It includes physical objects, persons organizations and ideas, price. The amount of money charged for a product or service, or the sum of the values that consumers exchange for the benefits of having or using the product or service. place. All the company activities make the product or service available to target customers. promotion Activities that communicate the product or service and its ‘merits to target customers a persuade them to buy. SWOT Analysis The SWOT analysis section draws from the market audit. It is a brief list of the critical success factors in the market, and rates strengths and weaknesses against the competition. The SWOT analysis should include costs and other non marketing variables. The outstanding opportunities and threats should he given. If plans depend upon assumptions about the market, the economy or the competition. SWOT analysis draws the critical strengths, weaknesses, opportunities and threats (SWOT) from the strategic audit. The audit contains a wealth of data of differing importance and reliability. SWOT analysis distils these data to show the critical items from the internal and external audit. The number of items is small for forceful communications, and they show where a business should focus its attention. The STP Process The growing use of the STP process has occurred as a direct result of the prevalence of mature markets, the greater diversity in customer needs, and the ability to reach specialized or niche segments. As such marketers are increasingly segmenting markets and identifying attractive segments (i. e. who to focus on and why? ), in order to identify new product opportunities, develop suitable positioning and communications strategies (i. e. what message to communicate), and effectively allocate resources to key marketing activities (i. e. how much should we spend and where? ). Organizations will often commission segmentation research when they want to re-scope their marketing strategy, investigate a declining brand, launch a new product, or restructure their pricing policy. Organizations operating in highly dynamic environments seek to conduct segmentation research at regular intervals, to keep in touch with changes in the marketplace. STP refers to the three activities segmentation, targeting, and positioning Key benefits of the STP process include: †¢ Enhancing a company’s competitive position by providing direction and focus for marketing strategies such as targeted advertising, new product development, and brand differentiation. For example, Coca-Cola identified through market research that its Diet Coke brand (also marketed as Coca-Cola Lite) was egarded as ‘girly’ and ‘feminine’ by male consumers. As a direct result the company developed a new product, branded Coke Zero, which is targeted at the health-conscious male segment of the soft drinks market. You read "Market Positioning of New Product" in category "Papers" †¢ Examining and identifying growth opportunities in the market through the identification of new customers, growth segments, or new product uses. For example Arm Hammer was able to attract new customers when existing consumers identified new uses for their baking soda (Christensen, Cook, and Hall, 2005). Lucozade also changed the positioning and targeting from its original marketing strategy positioned for sick children and rebranded to target athletes as an energy drink. †¢ More effective and efficient matching of company resources to targeted market segments promises the greatest return on marketing investment (ROMI). For example, financial institutions like HSBC and Barclays and large retailing multinationals such as Tesco and ASDA Wal-Mart are utilizing data-informed segmentation strategies to effectively target direct marketing messages and rewards to customers they have classified as offering long-term value to the company, i. . they are profitable customers. Market Create values for customers and build customer relationship An expanded model of the marketing process Marketing Strategy Target consumers are at the centre of the marketing strategy. The company identifies the total market, divides it into smaller segments, selects the most promising segments and focuses on se rving them. It designs a marketing mix using mechanisms under its control: product, price, place and promotion. The company engages in marketing analysis, planning, implementation and control to find the best marketing mix and to take action. The company uses these activities to enable it to watch and adapt to the marketing environment. We will now look briefly at e;ieh factor in the marketing process and say where it is developed elsewhere in this book. The Concept of Market Segmentation Market segmentation is the division of a market into different groups of customers with distinctly similar needs and product/service requirements. Or to put it another way, market segmentation is the division of a mass market into identifiable and distinct groups or segments, each of which have common characteristics and needs and display similar responses to marketing actions. Market segmentation was first defined as ‘a condition of growth when core markets have already been developed on a generalised basis to the point where additional promotional expenditures are yielding diminishing returns’ (Smith, 1956). There is now widespread agreement that they form an important foundation for successful marketing strategies and activities (Wind, 1978; Hooley and Saunders, 1993). The purpose of market segmentation is to leverage scarce resources; in other words, to ensure that the elements of the marketing mix, price, distribution, products and promotion, are designed to meet particular needs of different customer groups. Since companies have finite resources it is not possible to produce all possible products for all the people, all of the time. The best that can be aimed for is to provide selected offerings for selected groups of people, most of the time. This process allows organizations to focus on specific customers’ needs, in the most efficient and effective way. As Beane and Ennis (1987) eloquently commented, ‘a company with limited resources needs to pick only the best opportunities to pursue’. The market segmentation concept is related to product differentiation. If you aim at different market segments, you might adapt different variations of your offering to satisfy those segments, and equally if you adapt different versions of your offering, this may appeal to different market segments. Since there is less competition, your approach is less likely to be copied and so either approach will do. Market consists of buyers and buyers differ in one or more ways. They may differ in their wants ,resources, locations, buying attitudes and buying practices. Through market segmentation , companies divide large, heterogeneous markets into smaller segments that can be reached more efficiently and effectively with products services that match their unique needs. In this section we discuss four important segmentation topics: segmenting consumer markets, segmenting business markets, segmenting international markets, and requirements for effective segmentation. Segmenting Consumer Markets There is no single way to segment a market. A marketer has to try different segmentation variables, alone and in combination, to find the best way to view the market structures. Table 7. 1 outlines the major variables that might be used in segmenting consumer markets. Here we look at the major geographic , demographic, psychographic, and behavioral variables. Geographic | | | |World region or country North America, West Europe, Middle east, Pacific rim, China, India, Canada | |Country region Pacific, Mountain, West north central, West south central, East north central, | |East south central, South atlantic, Middle atlantic, New England. | | |City or metro size Under 5000;5000-20000;20000-50000;50000-100000;100000-250000; | |250000-5000000;500000-1000000 | |Destiny Urban, suburban, rural | |Climate Northern, southern | |Demographic | |Age Under 6;6-11;12-19;20-34;35-49;50-64;65+ |Gender male, female | |Family size 1-2;3-4;5+ | |Family life cycle Young, single, Young married, no children, Young married with children, | |Older, married with children, older married no children | | | |Income Under10000;10000-20000;20000-30000;30000-50000;50000-100000 | |Occupation Professional and technical;managers;officials;proprietors;clerical;sales; | |Crafts people; supervisors;operatives | |Education Grade school or less;some high school;high school graduate;some college | |Race Asian;Hispanic;black;white | |Generation Baby boomer. Generation x, generation y | |Religion catholic, protestant, jewish, muslim, hindu, other | |Nationality North American, South American, British, French, German, Italian, Japanese | |Psychographic | |Social class Lower lowers, upper lowers, working class, middle class, upper middles | |, upper uppers | | | |Life style Achievers, strivers, survivors | |Personality Compulsive, gregarious, authoritarian, ambitious | |Behavioral |Occasions Regular occasion, Special occasion | |Benefits Quality, service, economy, convenience, speed | |User status Nonuser, ex-user, potential user, first time user, regular user | |User rates Light user, medium, user, heavy user | |Loyalty status None, medium, strong, absolute | |Readiness stage Unaware, aware, informed, interested, desirous | |Attitude toward product Enthusiastic, positive, indifferent, negative, hostile | Segmenting Business Markets Consumer and business marketers use many of the same variables to segment their markets. Business bu yers can be segmented geographically, demographically, or by benefit sought, user status, user rate and loyalty status. Yet business marketers also use some additional variables, such as customer operating characteristics, purchasing approaches , situational factors and personal characteristic. By going after segments instead of the whole market, companies can deliver the just the right value proposition to each segment served and capture more value in return. Requirements for Effective Segmentation: Clearly, there are many ways to segment a market, but not all segmentations are effective. For example, buyers of table salt could be divided into blond and brunette customers. Target Markets The second important part of the STP process is to determine which, if any, of the segments uncovered should be targeted and made the focus of a comprehensive marketing programme. Ultimately, managerial discretion and judgement determines which markets are selected and exploited and which others are ignored. Kotler (1984) suggested that in order for market segmentation to be effective, all segments must be: †¢ Distinct—is each segment clearly different from other segments? If so, different marketing mixes, to use the traditional approach to marketing, will be necessary. †¢ Accessible—can buyers be reached through appropriate promotional programmes and distribution channels? †¢ Measurable—is the segment easy to identify and measure? †¢ Profitable—is the segment sufficiently large to provide a stream of constant future revenues and profits? This approach to the evaluation of market segments is often referred to by the DAMP acronym, making it easier to remember. Another approach to evaluating market segments uses a rating approach for different segment attractiveness factors, such as market growth, segment profitability, segment size, competitive intensity within the segment, and the cyclical nature of the industry (e. g. whether or not the business is seasonal, e. g. retailing, or dependent on government political cycles as some large-scale defence contracts are). Each of these segment attractiveness factors is rated on a scale of 0–10 and loosely categorized in the high, medium, or low columns, based on either set criteria, or subjective criteria, dependent on the availability of market and customer data and the approach adopted by the managers undertaking the segmentation programme. [pic] ? Six steps in market segmentation, targeting and positioning Differentiation Positioning Strategies Marketers can follow several positioning . strategies. These strategies use associations to change consumers’ perception of products. Product attrilmtes position many technical products. The positioning of Ericssons EH237 mobile phone is its Low weight and number $ features, while much of BMW’s advertising promotes individual technical items- like fresh air filters. In the exclusive watch market Breitling. Baume Mercier and Audemars Piguet’s positioning are on their mechanical movements. Some of their designs leave the mechanisms exposed and one ad argues ‘Since 1735 there has never been a quartz Rlanepain. And there never will be. ‘ The benefits they offer or the needs they fill position many products – Crest toothpaste reduces cavities. Aim tastes good and Macleans Sensitive relieves the pain of sensitive teeth. In the confectionery industry, Italian Gaci and Ferrero Rocher are gifts, while Mars and Snickers bars satisfy hunger. Huhtamaki is Finland’s largest industrial company but LEAF, its confectionery division, is only ten in size worldwide. It developed competitive advantage Marketing Services to remain flexible has also led to firms hiring services that provide use without ownership. Finally, an increasing number of firms are keen to focus on their core competences. They are beginning to contract out non-core activities, such as warehousing and transportation, thus stimulating the growth of specialist business service organizations. All these developments have, in turn, led to a growing interest in the special problems of marketing services. Brand Positioning: Marketers need to position their brands clearly in target customers minds. They can position brands at any of three levels. Branding poses challenging decision. *Sample of marketing strategy of stock market consulting firm Finance Hauler Lead life less tension Our company is an service providing company. The goal of our company is to provide service , provide information about stock market in exchange of a particular fee. Ours is an unique company, so far. We are targeting specific segments in the consumers and business markets, taking the opportunity of current situation of stock market. The primary objective is to serve in Rajshahi, shaheb bazaar, then it will be scattered in the whole country, where broker houses stands. In business there is a chance of loss and also profit, we will try to make profit from the first year. Question may arise why this type of consultancy firm? The answer is the present condition of stock market. The main reason behind this is lack of proper knowledge about stock market. Investors doesnt know where to invest and when to invest. Our duty is to make him clear. As Bangladesh is a capital deficiency country, so the capital we have need to invest properly. As we are the student of Finance Banking , our duty is to analyze the stock market, that’s why we have planned to open such type of firm. At present some brokerage house ICB some provide information to their investors un officially. These informations are not so profitable. But there is no specialized firm who provide proper information about stock market, that’s why we intended to open such a consulting firm. By describing the targeted segments in detail, it can be said that our firm will satisfy the customers need, want, and their demand , as we have planned to scatter it in the every city of Bangladesh. Bangladesh is a capital defficiency country. As peoples save less consumption more , so we need to invest the savings into right sector, We will provide information to invest in the profitable sector. So at a time the economy of Bangladesh will be increased. The standard of living of common people will be raised. The growth and development of our country will be accelerated. As we will open a firm we need specialised employees by recruiting whom we will help them to lead a better life. Features of our service : A product or service need three characteristics 1. Unique 2. Price 3. Availability According to these characteristics our service or product is perfect. Its unique. By our effort and efficiency it will be available in the whole country after a year or two year, As it is a era of globalization , anyone can get our service by using internet or telephone service from anywhere. We will take a minimum fee for registration and membership which will be easy to pay by the clients. Marketing planning aims and objectives Behind the corporate objectives, which in themselves offer the main context for the marketing plan, will lie the â€Å"corporate mission,† which in turn provides the context for these corporate objectives. In a sales-oriented organization, the marketing planning function designs incentive pay plans to not only motivate and reward frontline staff fairly but also to align marketing activities with corporate mission. This â€Å"corporate mission† can be thought of as a definition of what the organization is, of what it does: â€Å"Our business is †¦Ã¢â‚¬ . This definition should not be too narrow, or it will constrict the development of the organization; a too rigorous concentration on the view that â€Å"We are in the business of making meat-scales,† as IBM was during the early 1900s, might have limited its subsequent development into other areas. On the other hand, it should not be too wide or it will become meaningless; â€Å"We want to make a profit† is not too helpful in developing specific plans. Abell suggested that the definition should cover three dimensions: â€Å"customer groups† to be served, â€Å"customer needs† to be served, and â€Å"technologies† to be used. Thus, the definition of IBM’s â€Å"corporate mission† in the 1940s might well have been: â€Å"We are in the business of handling accounting information [customer need] for the larger US organizations [customer group] by means of punched cards [technology]. † Perhaps the most important factor in successful marketing is the â€Å"corporate vision. † Surprisingly, it is largely neglected by marketing textbooks, although not by the popular exponents of corporate strategy – indeed, it was perhaps the main theme of the book by Peters and Waterman, in the form of their â€Å"Superordinate Goals. † â€Å"In Search of Excellence† said: â€Å"Nothing drives progress like the imagination. The idea precedes the deed. If the organization in general, and its chief executive in particular, has a strong vision of where its future lies, then there is a good chance that the organization will achieve a strong position in its markets (and attain that f uture). This will be not least because its strategies will be consistent and will be supported by its staff at all levels. In this context, all of IBM’s marketing activities were underpinned by its philosophy of â€Å"customer service,† a vision originally promoted by the charismatic Watson dynasty. The emphasis at this stage is on obtaining a complete and accurate picture. Needs and corresponding features/benefits of Finance Hauler : Targeted segment |Customer need |Corresponding feature | |Professionals |. Time saving and Holiday scheme|. Usually professionals are busy so they need time less consuming scheme and information, | |(consumer market) | |and in holiday they will get informations. | | | | | | | | | | | | | | | | | | | | | | |. Students have less money so they need fast moving but less price share information, as | |Students |. Seminar and money saving |they know less they will get free seminar discussion. |(consumer market) |scheme | | | | | | | | | | | | | | | | | | | |. Lazy money investment scheme |. They need to secure their retirement pension money, from which they will get fast profit| |Retired person | |and stable market. |(consumer market) | | | | | | | | | | | | | | | | |. Special scheme | | | | |. Women are totally unaware about stock market but they can make a great contribution in | |Women | |country economy by investing their small savings into stock market. We have a special | |(consumer market) | |scheme and care for women. | Competitive review: As our firm is new and unique, so far no competitor in our sector. This type of business is unavailable in our country. At future there may be competitor but now no one. Distribution review : Distribution review needs distribution channels for a product. As our service is unique so there is no better distribution channel. We have to advertise through television , radio , news paper etc. And most importantly through brokerage house. We will distribute handbills and posters. SWOT analysis: Strengths : Our strengths depends on the followings * Innovative service *Security *Pricing Weakness : Weakness are internal elements that may interfere with the company’s ability to achieve its objectives. The weakness of our firm is only the brand awareness. Opportunities : *Increased public demand *Lower technology cost. Threats : *At present no competitor so far but near future there may be competitor then there will rise our threat. Short run objectives : * First we will open our firm in Rajshahi to provide service. *Try to increase member *Profit maximization Long run objectives : *Scatter our services all over the country *Wealth maximization Issues : In relation to the service launch; issue is the ability to establish a well regarded brand name linked to a meaningful positioning. We must invest heavily in marketing to create a memorable and distinctive brand image projecting innovation, quality and value. Marketing Research Development: In this segment how marketing research will be used to support development, implementation and evaluation of strategies and action programs. As our service on stock market, we mainly focus on capital market, economic conditions, performance of companies’ research development. Action programs: Action programs should be coordinated with the resources and activities of other services. The first action is to know about the capital market to the people. Then make a positive concept about stock market and how to gain in the market in short run and long run. Budgets: Budgets serve two main purposes: one is to project profitability and another to help managers plan for expenditures ,scheduling and operations related to each action program. In our services We need a flat for our office purchasing furniture, equipments and other elements. Controls: Controls help management assess results after the plan is implemented identify any problems or performance variations and initiate corrective action. We are developing contingency plans to address fast-moving, new technology and new competition. ———————– Build profitable relationships and create customer delight Construct an integrated marketing program that delivers superior value Design a customer-driven marketing strategy Understand the market place and customer needs and wants Customer relationship management: build strong relationships with chosen customers Product and service design: build strong brands Select customers to serve market segmentation and targeting Research customers and the marketplace Pricing: create real value Manage marketing information and customer data Decide on a value proposition: differentiation and positioning Customer relationship management build strong relationships with chosen customers Distribution: manage demand and supply chains Partner relationship management: build strong relationships with marketing partners Promotion: communicate the value proposition ———————– 2 How to cite Market Positioning of New Product, Papers

Business Law Clarification on Apparent Authority Partnership

Question: Describe about the Business Law for Apparent Authority Partnership. Answer: 1. Issues Given that Andria is a partner in the accounting firm and has acted outside the agreement but fulfilled her duties as an agent. Should Tom and Edgar sue the accounting firm as a business since they were not aware of the partners agreement or sue Andria? Given that the firm was not dealing with issues of survey, should Edgar be paid by the firm given that Adrian acted based on personal interest? Has Adrian acted on the basis of apparent authority or has she breached the partnership agreement? Did Adrian violate the partnership fiduciary duties by purchasing the items for the business without disclosure to other partners making them not responsible for the payment? Law In the case that a partnership business is not bond to restrictions as well as limitations within partnership business, each partner is mandated in the partnership to act as each other representative (Latimer, 2014).). The agreement among Adrian, Aiden and peter indicates clearly the kind of authority they should express. They have agreement that no member is allowed to carry out an investment going beyond $10000 and that amount exciding that should needs prior agreement. According to part 5(1) on the relation between partners and the third party act, there is partners power that binds their business (Comair-Obeid, 1996). The act performed by a partner within the authority binds all partners to the third party like in edgers case (Emerson, 2009). This section states that any act performed by a member of within the purpose of the business binds all partners to the third party whether the outsider is aware of the agreement or not. The provision of s 5(1) has relevant implications on the partnership business. It states that in the absence of other partners the available partner has the authority to act on behalf of other partners. The ostensible authority granted to partners is however restricted by the kind of business in practice. Purchase of a personal asset is not within the business concern and the buyer is responsible for the payments alone. Section 7 states that an act performed without the business is the partner concern. For instance if Adrian could have purchased the item as her property the peter and Aiden should not pay for the assets but Adrian herself. The second advantage is to the third party who can sue the business and the court would act in his or her favor based on unawareness (Paquin, 2012). This section protects the third party even if the partner acts past his express authority limits. The third party has a right if he can prove that he was not aware of the terms of agreement among the pa rtners. If the other partners cannot prove the third party was aware then they has to pay for the purchases. The s 5 (1) allow the third party to make a case and win. In case of no clear statement on the agreement all the partners are responsible for the payment. A clear example of third party unawareness is the judgment by the Mercantile Credit Ltd v Garrod [1962] 3 All ER 1103, a case in which two mechanic partners had condition of not dealing with selling of cars and one of them did sell a car. The other partner was held accountable since the court favored the third party based on the agency law and section 5(1) of the third party relation to the partnership. A third party has got also a write to sue individual partner since if other partners provide evidence showing that the outsider was aware of the terms of agreement (Emerson, 2009). The act of Adrian can also be viewed in the perspective of a breach of fiduciary duty and compensate Tom and Edgar alone. Application Tom and Edgar can either hold the partnership liable based on the aspect of section 5(1). They can sue Aiden, Peter and Adrian basing their argument on unawareness of the partnership agreement. Even though Adrian acted beyond the terms of their agreement which states that any investment above $ 10000 needs prior agreement. it is possible that the court will rule on the side of offender which in this case is Tom and Edgar. They can win the case and receive their payment if they can prove that they had no knowledge on the partnership agreement. But in case Aiden and Peter can approve that they were aware then it will force them to take another course and sue Adrian as an individual. Tom and Edgar can also take the Adrian to court as an individual. The same section of the act gives Peter and Aiden an opportunity which unbound them from the transaction. The act states that an act conducted by a partner outside the agreed express authority is out of their concern and the court would on th eir favor. Considering Edgars , he has the right of compensation since the amount agreed for his items fall below the agreement and can claim that Adrian acted according to the law of agency. It is likely that he can win the case based on the law of agency (Latimer, 2014).). Since the price agreed was within the terms of the partnership. The business should pay him $8000 which is amount less than $ 10000 which is stipulated in the partnership agreement. In case the other partners defend themselves claiming that Adrian breached the partnership fiduciary duties. Then it is advisable the two to sue Adrian as an individual to get their payment. Conclusion It is advisable for Tom and Edgar to sue the partnership as per the section 5(1) of partnership relation to the third party. For them to win the case they have to prove that they were not aware of conditions of the partnership agreement. They can also sue Adrian as an individual and claim their payment according to section 5(1) under the commonwealth law. 2. Issue Being that Richard has started a business and operates in the areas which were not allowed by their contract with the Nu-slim ltd. should he compensate company or not. Is it right that the wants to sue him for contract breach. Is it a breach of contract or not? Is the breach a warranty or conditional breach of contract? Should Richard quit his business? Is Richard the owner of the business or the sister,if yes how can he defend himself against Nu-slim ltd? Law It is evident that Richard has breached the contract and can apply the holding act not to be held responsible for his actions as per the agreement terms. It is also clear that the terms of Richard and his employer are of unfair terms (Helewitz, 2010). Section 23(1) of the ACL prevents the term of agreement between the two parties since the terms are unfair. There is proper procedure put in place in case the terms of agreement violates other partys rights. Richard is allowed by the law to defend himself against the penalty of breach. Court allows a contract breach defendant affirmative mechanism to defend themselves against the penalty or damage. The rule does not work based on original claims like Richard getting involve in a business which he is more like the owner ending up breaching a contract (Steele, 2007). This is evident in the case of a young musician Dodd who enters into an agreement and fails to show up for the event. The court later ruled on his favor. He asserts the affir mative law and claims that he had no authority to make an agreement because he is a junior. Since Richard has received the notice letter he should therefore see the attorney. Act 1977UCTA has two clauses with two methods of managing the problems under ss 2- 7. The clauses demands that the cause of the breach must be during the time of once duty and only applies to business liability (Latimer, CCH Australia Limited, 2011). According to Australian law stipulated in the act of Pierre v Apand (1999) 198 CLR 180 Richard can be considered in by the court if he can seek the advice of attorney in prior. The law states that the court will give considerations to a number where in most cases the decision is must. The court will check the proximity and foresee ability of the harm. They will review the other Ares in the company where cases have happened (Nass O'Brien, 2013). The contract between Nu slim and Richard is not clear whether it is a warranty or a condition. Since the company never stated how important the contract was to them it therefore the courts liability. If in case the contract is warranty the breach is less serious and can (Australian Capital Territory, 2001)). The court is therefore obligated to determine most of relevant authorities. In viewing whether the breach is anticipatory or actual. Richard is permitted to take several alternative defenses by the law. The alternative includes illegality of the contract, estoppels,lack of capacity, unconscionable or indefinite. In considering of the contract between the bank and fat away ltd the Richard is not obligated to pay the bank the refunds since he did not sign the contract and the contract he assigned with the Nu slim company in consideration to partnership act (Higgins,1970).. Since Richard has left everything for France who performs all legal duties of the business, the business is more like his sisters business and cannot be sued. It is therefore advisable that he remains dormant in the avoid court penalty. In the case of the bank, Richard is not bound to the contract since he never signed the contract (Pollock Mulla, 1934). Richard can also defend himself in the court basing his argument on the validity of the contract between him and the Nu-slim company. Application It is advisable for Richard to take a stand based on the affirmative clause and defend himself. He has a number of alternatives to choose from and win the case. He can take defense based on unfairness of the terms and its possible the court would rule on his favor depending on how he can apply it. The defense based on conscionable states that no contract is valid if the terms of contract are seriously unfair to Richard (Bhat, 2009). The company takes advantage of him by forcing unfavorable clauses on him because it posses more power. Richard can also claim that he acted without knowledge on what he was doing. The breach defense mechanism allows him to claim that he had no capacity to sign the contract. The court is likely to pass judgment on his side as in the musicians case. . It is possible for the court to rule on his favor based on the partnership act. Richard has obligated all duties to his sister making France to the owner of the business by the partnership act. In consideration to the contract between Fat away and the bank Richard can defend himself since he did not sign the agreement (Bailey, 2009)). The contract was assigned by the sister who is the CEO of the company. Conclusion It is evident that Richard has breached the contracts by the law. Even though there is a breach by Richard the case cannot be won by the company based on the affirmative law of defense as per the law. The bank on the other hand can sue him since the sister has also legal rights on the business and perform all the signings on behalf of the company ( Pollock IMulla ,1934). References In Pollock, F., In Mulla, D. F. (1934). Indian Partnership Act: With a commentary, critical and explanatory. Calcutta: Eastern Law House. Bailey, P. H. (2009). The human rights enterprise in Australia and internationally. Chatswood, N.S.W: LexisNexis Buttersworths. Higgins, P. F. P. (1970). The law of partnership in Australia and New Zealand. Sydney: Law Book Co. Australian Capital Territory. (2001). Compact: Community partnership ACT Government : the first step. Canberra: Community Policy Unit, Chief Minister's Dept. Rozenberg, P. (1998). Australian guide to uniform legal citation. North Ryde, N.S.W: LBC Information Services. Latimer, P. (2014). Essential Australian business law. Vickery, R., Flood, M. A. (2012). Australian business law: Compliance and practice. Frenchs Forest, N.S.W: Pearson Australia. Latimer, P. S., CCH Australia Limited. (2011). Australian business law 2012. North Ryde, N.S.W: CCH Australia. Emerson, R. W. (2009). Business law. Hauppauge, N.Y: Barron's Educational Series. Biederman, D. E. (2007). Law and business of the entertainment industries. Westport, Conn: Praeger Publishers. Nash, R. C., Schooner, S. L., O'Brien-DeBakey, K. R. (2013). The government contracts reference book: A comprehensive guide to the language of procurement. Comair-Obeid, N. (1996). The law of business contracts in the Arab Middle East: A theoretical and practical comparative analysis (with particular reference to modern legislation). London: Kluwer Law International. Bhat, S. (2009). Law of business contracts in India. Los Angeles: SAGE. Paquin, J. (2012). Legal reform and business contracts in developing economies: Trust, culture, and law in Dakar. Farnham, Surrey, England: Ashgate. Alghamdi, A. M. (2011). Law of e-commerce: E-contracts, e-business. Bloomington, IN: Authorhouse. Helewitz, J. A. (2010). Basic contract law for paralegals. Austin [Tex.: Wolters Kluwer Law Business. Steele, J. (2007). Tort law: Text, cases, and materials. Oxford: Oxford University Press.