Business Environment For Toyota Motor Corporation

Business Environment For Toyota Motor Corporation Business environment is about exploring the nature of the business in which it is being carried out. In this essay, analysis is being made for an automobile company known as Toyota Motor Corporation. Toyota Motor Corporation is commonly known as TOYOTA and is abbreviated as TMC. The company was founded by Kiichiro Toyoda in 1937 as a derivative from his fathers company Toyota industries to create automobiles. First passenger car was Toyota AA. Toyota Motor Corporation group companies are Toyota (including the Scion brand), Lexus, Daihatsu and Hino Motors, along with several non-automotive companies. Toyota Motor Corporation uses two tools for its business environment which is PEST and SWOT. Every business has an internal and an external environment. Before debating on external forces, internal forces/environment should be made clear. Internal environment is the one which is owned and controlled by the organisation itself. It comprises of: Resources: Toyota has a wide variety of resources such as well qualified employees, infrastructure. Knowledge and the actions of decision makers: As they have well qualified employees, Toyotas decision makers are successful decision makers. External Business environment is a set of political, economic, social and technological forces. These forces can have a negative as well as positive impact on the operation of a business. External factors are of two types (i) External Micro factors, and (ii) External Macro factors. External micro factors comprises of suppliers, agents, transporters, distributors, wholesalers etc. External macro factors comprises of Political, Economic, Social and Technological factors. External micro factors or industry factors can be influenced by an organisation whereas; External macro factors cannot be influenced by an organisation. Before beginning the marketing process, it is very important for an organisation to consider its external macro environment. External macro factors comprise of PEST factors as discussed above. PEST factors are explained below: Political: Political factor involve political stability, legal obligations for contract, intellectual property protection, trade regulations and tariffs, pricing regulations, taxation, wage legislation, product labelling requirements, environmental regulations. In 2004, Toyota spent $2.4 million (approx.) on lobbying. In 2005, its lobbying investment increased to $3.4 million and also for the first time TMC considered on creating a political committee. One strong factor behind Toyotas quest of greater political clout may be the possibility that the Big Three, staggered by slumping sales, will ask Congress for subsidies or a bailout, said Joan Claybrook, the president of the Public Citizen watchdog group in Washington. Economic: These factors comprise of Government intervention in the free market, infrastructure quality, inflation rate, interest rate, economic growth rate, availability of labour, wage rate of labour. Toyota got a tax incentive on producing clean fuel and hybrid engine cars. Due to this tax rebate on Toyota, purchasing parity of consumers was increased for expensive hybrid engine and clean fuel cars. Social: Social factors involve education, class structure, demographics, culture etc. Toyota has always remained one step ahead to its competitors. Toyota believes in sustainable development and they have proved it by producing clean fuel and hybrid engine cars. These cars ensure safety, better environment and affordability to their customers. Technological: These factors depend on a countrys technological knowhow, recent technological advancements, rate of technological diffusion, investments made by the company etc. Toyota invests millions of dollars an hour to improve their technology for better driving experience as well as for the safety of passengers. Toyota also managed to bag some awards for their safety systems installed in the car, which is again possible due to advanced technology. Advantages of PEST analysis: PEST analysis is an effective and efficient tool, which provides a framework to an organisation for effective decision making. By making effective use of PEST analysis, one can ensure affirmative orientation of the business organisation. PEST analysis also helps an organisation in avoiding decisions which should not be taken. PEST analysis helps in making lawful decisions for the companies which are willing to enter into a new market. Disadvantages of PEST analysis: PEST analysis considers only the external business factors, but in reality all the factors should be considered in order to make effective decisions for an organisation. Most of the data gathered through this analysis is based on assumptions, which sometimes may not prove to be fruitful for an organisation. The rapid changes in the world economy can also make it difficult in analysing PEST factors for an organisation. The second tool used by TMC, the SWOT analysis is discussed below: SWOT analysis helps an organisation in achieving their goals in the environment in which they are operating. It comprises of environmental factors such as Strengths, weaknesses, opportunities and threats. An explanation of these factors in context to TMC is discussed below: Strengths: Strength can be the expertise of an organisation. This attribute is internal to an organisation and can be controlled by it. Toyota made new investments in USA and China; subsequently their profits were also increased. This increase in the profits was due to the effective market segmentation which Toyota made. Toyota uses marketing techniques to find the needs of their target customers, the profits are also maximised by using effective manufacturing techniques. Weaknesses: Weaknesses of a company could be lack of effective marketing techniques, location of business, poor reputation etc. In Toyotas case, the weakness is the economic and political conditions of the countries in which it manufactures the largest number of cars. The demand for cars in USA and Japan is very fluctuating, this is the reason Toyota is making a shift toward emerging economies like China. Opportunities: An organisation can have many opportunities such as; mergers and acquisitions, availability of internet through which marketing becomes much easier, a new market segment, advance technology etc. Toyota has an opportunity of advanced technology, a new market segment and the availability of internet. By using advanced technology they produced hybrid cars, they got a new market segment in the name of Youth and they advertise their models on the internet. Threats: Threats can be minor manufacturing defects which can hamper the reputation of a company, price wars with competitors, new innovative product with the rival etc. Toyota has a threat in terms of both manufacturing defects as well as price wars. In 2005, Toyota had to recall a large number of vehicles due to faulty front wheel suspension system. And in USA, Toyota is facing tuff competition with General Motors. Advantages of SWOT analysis: One of the major advantages of SWOT analysis is that it provides a clear view of all the opportunities and issues being faced by an organisation. SWOT analysis also helps an organisation in saving time. SWOT analysis is very easy to perform; any employee with basic understanding can perform it efficiently. Disadvantages of SWOT analysis: SWOT analysis requires further thorough research in order to get a more comprehensive picture. For example, a business must consider the degrees of strengths, weaknesses, opportunities and threats. Sometimes, an organisation tends to miss the weaknesses after looking at the strengths. A thorough SWOT analysis should also see the opportunities available to a company in relation to strengths and weaknesses. SWOT analysis is an informal method which provides just an overview of the current market situation of a company.

Cement Industry Essay

In today’s world of rapidly increasing competition, firms are selling goods and services through a variety of direct and indirect channels. In mass advertising, marketers are exploring new forms of communication, such as experimental, entertainment and viral marketing. Creative Advertising is the means to break clutter in such new forms – it helps Differentiation, Recognition, Recall and Persuasion in an effective manner. Creativity in advertising involves disciplined thinking and requires the creative person to think differently within specific constraints. The advertisement project is a complex exercise that that consumes a lot of effort, cost and time from different experts in the team which requires every part of the project process to be well-studied, documented and well planned. A lot of research needs to get conducted about the audience, product and media of the advertisement. Increasing sales is not the only goal of the advertising decision and could also involve introducing a new product, delivering the product message, etc. The most important aspect of the creative advertising process is the idea and the creative concept. Advertisers use different ways of thinking via several types of creative strategies to promote publicity, public relations, personal selling and sales promotion. One such creative advertisement campaign is the Vodafone’s ZooZoo ads which caught the fancy of the consumers and helped the company develop its own entity in a splendid and innovative manner. The advertising landscape has experienced dramatic change over the past several years and as the advertising medium gradually shifts to the digital platform, agencies are finding new ways to connect with the customers and build their brands. This media confluence is one of the foremost challenges of creative advertising as the advertisers have to reinvent the mass message model, help consumers tell stories, play in an evolving arena and develop talent with creative vision. INTRODUCTION Advertising has long been viewed as a method of mass promotion in that a single message can reach a large number of people. But, this mass promotion approach presents problems since many exposed to an advertising message may not be within the marketer’s target market, and thus, may be an inefficient use of promotional funds. However, this is changing as new advertising technologies and the emergence of new media outlets offer more options for targeted advertising. Advertising also has a history of being considered a one-way form of marketing communication where the message receiver is not in position to immediately respond to the message. In fact, it is expected that over the next 10-20 years advertising will move away from a one-way communication model and become one that is highly interactive. Another characteristic that may change as advertising evolves is the view that advertising does not stimulate immediate demand for the product advertised. That is, customers cannot quickly purchase a product they see advertised. But as more media outlets allow customers to interact with the messages being delivered the ability of advertising to quickly stimulate demand will improve. It is estimated that worldwide spending on advertising exceeds (US) $400 billion. This level of spending supports thousands of companies and millions of jobs. In fact, in many countries most media outlets, such as television, radio and newspapers, would not be in business without revenue generated through the sale of advertising. Most organizations, large and small, that rely on marketing to create customer interest are engaged in consistent use of advertising to help meet marketing objectives. However not every advertisement achieves its objective as the consumer is subjected to innumerable ads daily in newspapers, television, billboards, websites, etc. Therefore those Ads which catch customer’s attention have something unique which makes then interesting and unforgettable. The majority of copywriters agree that creativity is extremely important in ads and it usually works more effectively in catching the interest of people/customer than all other techniques put together. The originality of the idea or ad makes it more recognizable and is able to beat the competition. Creativity is the marriage of imagination and execution, thinking and doing. Creativity in the context of today’s world is underpinned by the fact that almost anything is possible given technology and platform advances. Technology is changing behavior, but ideas and how we tell the stories are everything – this is how we influence behavior. It’s about the idea and the story, not simply the devices or technologies, which create great and enduring ideas and are the hallmark of Creative Advertisements. ABOUT ADVERTISING Definition of Advertising: Advertising is defined differently by different authorities and the institutions dealing with the subject of advertising. The American Marketing Association defines advertising as â€Å"the placement of announcements and persuasive messages in time or space purchased in any of the mass media by business firms, nonprofit organizations, government agencies, and individuals who seek to inform and/ or persuade members of a particular target market or audience about their products, services, organizations, or ideas.† Purpose of Advertising: Through advertising, one can disseminate the message very effectively. Within few seconds the message can be disseminated to masses. The basic purpose of advertising for commercial advertisers is to identify and differentiate one product from another in order to persuade the consumer to buy that product in preference to another. Non-commercial advertisers (political parties, interest groups, religious organizations and governmental agencies) use advertising to educate people for their cause. Major Decisions before committing for any advertising campaign: Like other area of marketing management, decision-making is necessary in advertising. This relates to 5Ms – mission, money, message, media and measurement. Mission: What are the advertisement objectives? Decision in regard to mission is a basic one as other decisions are to be adjusted as per the mission or objective or purpose of advertising decided. It can be: Introduction of new product or service, or information about new features, repositioning of the brand or just reminder campaigns etc. Money: How much money to be spent. Advertising is costly and companies have to spend billions of dollars for this purpose. Advertising objectives determine the required budget. Message: What is the message to be sent? Positive results depend on message. It should be attractive and meaningful. It’s the job of the creative copywriters and artists. Message can be communicated by written words, pictures, slogans and so on. Media: What kind of media to be used. Selection of media depends upon cost, coverage, effectiveness and budget in hand. Wrong decision on media may make advertising ineffective and money spent will be wasted. The steps here are deciding on desired Reach, Frequency and Impact. Measure: How are the results to be determined? Evaluation of advertisement in order to judge its effectiveness. The post advertising sale is one major consideration. The other consideration is visibility of the advertisement. Steps involved in influencing customer decision: There is a very famous principle in ad world called as AIDA principle, which describes the steps that a prospective customer goes through before deciding to buy. AIDA stands for A- Awareness, I- Interest, D- desire and A- Action. Awareness – Ad should surprise the customer. Interest – This is usually where benefit phrases come heavily into play. Desire – Third step, customer realizes that product is good and beneficial. Action- The fourth stage occurs when the prospect decides to take Action and become a customer. HISTORY OF ADVERTISING History of ads can be traced back to 3000-4000 BC. There are signs that Romans used to announce gladiator fights by painting on the walls. Egyptians used papyrus to make sales messages and wall posters. Commercial messages and political campaign displays have been found in the ruins of Pompeii and ancient Arabia. Lost and found advertising on papyrus was common in Ancient Greece and Ancient Rome. Active advertising in print media started in late 19th century. 20th century has witnessed evolution of advertising through various media. The concept of creativity in advertising was not discussed much until the 1960s, when a sea change in the way of producing advertising transformed the field forever. The central feature of this Creative Revolution was that creativity came to be valued over the formulas and research that previously drove the production of ads. Creative teams, a mainstay of nearly all agencies since the 1960s, did not exist prior to that time. The reigning paradigm was reason the why advertising that spoke to consumers in terms of unique selling propositions (USPs). The Creative Revolution changed not only the ground rules for making advertising, but also the kinds of people who were recruited into the business. The preeminence of creativity over formulaic advertising was strongly articulated and the effect was to place creativity before the other services of an advertising agency – market research, media analysis, and other support functions. CREATIVE ADVERTISING To really stand out in the crowd, an ad concept has to be really out of the box, something that intrigues an audience or at least make them look twice. There is no second chance at making a good first impression. With both online and offline advertising you only have seconds to catch the attention of your consumers. If that doesn’t happen, your ad campaign is considered a failure. Today’s advertising message must be better planned, more imaginative, more entertaining and more rewarding to customers. Inclusion of creative ideas (original, novel, out of box and useful ideas) in the ad campaign is called creative advertising. Creative advertisements are made not only to sell the product but to entertain the target audience. Creativity in advertising does not arise in a vacuum; it requires a certain degree of both general knowledge and field-specific knowledge. This is clearly true if we think of creativity as a form of innovation – we cannot know what is novel without a sense of what is already known in any area. The ad’s impact depends not only on what it says, but often more important, how it says it – execution is decisive and this is the crux of Creative Advertising. TYPES OF CREATIVE STRATEGIES Creative Strategies are used in order to obtain consumer attention and provoke shoppers to purchase or use a specific product. Creative Strategies promote publicity, public relations, personal and sales promotion. Creative strategies are divided into three basic forms: Weak Strategies: Generic and Pre-emptive strategies describe the two weakest forms of advertising that were most popular through the 1940s. A generic strategy gives a product attribution. Consumers aren’t learning anything new about the product. It enhances the product in no other way. A pre-emptive strategy is a form of advertising that makes a generic claim stronger. Middle Strength Strategies: Unique positioning and Brand Image are the two types. This proves that something about your product is truly unique. This is commonly found when producers take an average product and add a new, unique element to it. In brand image, an advertiser is not trying to create rational thinking. This type of advertising strives to create emotion and give a brand a personality. A common way of doing this is by using a celebrity as a spokesperson. Strong Strategies: Affective and resonance advertising are the two types. Making people feel really good about a product is called affective advertising. This is difficult to do, but often humor and an honest character can make affective advertising possible. Resonance advertising is a way of identifying with consumers. If an advertiser can create a campaign that certain target markets identify with, then resonance advertising has been achieved. FUNDAMENTALS OF CREATIVE ADVERTISING The Fundamentals of Creative Advertising provides an understanding of how to create and produce ad campaigns. The focus is on the various media available, the thinking and planning behind the campaign, the creative brief, and the creative solution and execution of the ad campaign. Market research underpins virtually all of the decisions made at the campaign planning stage. Through market research both the client and the agency are better able to understand the marketplace, identify and profile the target audience, test their creative ideas, choose the most appropriate media form and, finally, evaluate the success of the campaign. The client will normally provide basic and initial research about the target market and audience in the client brief, which is then supplemented by research undertaken by the agency. Having received the brief from the client, the creative ad team must now take all the knowledge that they have and use it to develop a campaign that will meet the requirements of the brief. They need to look closely at all the information they have been given and understand what it really means. The creative ad team must also identify any gaps in their knowledge that can be filled through market research. The Creative Brief: Role of the brief: A creative ad team will transform a client brief into a creative brief. Together they will develop an advertising strategy based on the information supplied in the client brief and the supplementary research undertaken. The campaign strategy is then articulated in the creative brief, which is approved by the client. Developing the brief: Before the creative brief can be formulated, the objectives of the advertising campaign have to be identified, together with a strategy for achieving those objectives. It is important to remember that the advertising medium itself is only one part of the communication strategy, which in turn is part of the overall marketing strategy. As such, the broader marketing strategy has to be considered before the creative brief can be formulated. The Creative Concept: The creative team: At the heart of every successful advertising campaign is the creative concept. The task of having an original concept, and a range of ideas allied to this concept, is in the hands of the creative team. The best creative teams have the capacity to be both original and fluent when it comes to generating such ideas. In other words, it is not just about having a novel idea†¦it’s about having lots of them! Research and Familiarization: The way the creative brief is written and its content can be an important trigger for your ideas and will also provide an important point of focus in terms of advertising objectives; who you are talking to, what you want to say to them, and how you want them to respond. For this reason it is best to keep referring back to the brief every so often during the creative process to make sure that you are staying on track. Idea Generation (Ideation): The secret to having good ideas is to have lots of ideas to choose from. The more ideas, the greater the chance, that there will be few ‘winners’ among them. Quantity equals quality, so don’t hold back and pre-judge your ideas, just have lots of them – the wilder the better! Wild ideas may be unusable in their raw state, but they can provide a springboard to a better idea as they can help you to see things from a different perspective. Once the basic campaign concept for the advertisement has been formulated and agreed by the client, it’s down to the creative team to coordinate its execution. In traditional creative partnerships, the copywriter will write any body copy so that the message is conveyed in a punchy and memorable way, using the correct tone of voice to evoke the right mood or provoke the desired reaction. The art director will be responsible for ‘crafting’ the advertisements – making sure that they look visually strong and have a consistency of layout and composition across the campaign. Crucially, they must also exude and reflect the brand values. EXAMPLE OF A CREATIVE ADVERTISING CAMPAIGN Creative ad campaigns instill a sense of awe and marvel in the people they target. They cause us to stand back and wonder, â€Å"How did the brand even come up with that?† When a brand gets an ad campaign right, they stand out amongst the myriad of typical, hackneyed, and lackluster ads that bombard us daily. Just like the Vodafone ZooZoo ads. Vodafone is known for its unique advertisement campaign such as pug, happy to help service and the â€Å"ZooZoo† advertisement campaign. As Vodafone was a new brand in India, it had a challenging task to develop its own entity. The previous name of this Indian company was associated with a pug. Vodafone decided to come with a new persona for itself, so the people of the country can associate it with the company. The company came with a brilliant persona for itself, which was very apt for it, The â€Å"ZooZoo†. With 25 such commercials planned, releasing one a day, to sustain interest till the end of the IPL SEASON 2.HaritNagpal, chief marketing officer, Vodafone India explains, â€Å"†¦the brand was in need of an idea that would work doubly hard, as it was planning to spend some four months’ worth of marketing monies in one month†¦Ã¢â‚¬  ZooZoo are advertisement characters promoted by Vodafone during the Indian Premier League Season 2. O&M experimented with several characters and finally â€Å"ZooZoo† was born as a completely Indian concept. The name had to be catchy, funny and memorable, though the name actually never pops up in any of the communication. Zoozoos are white creatures with ballooned bodies and egg heads who were used to promote various value added services of Vodafone. Each ad used a story which was enacted by the Zoozoos. These ads though look animated are actually real humans in the ZooZoo costumes. The ZooZoo advertisements were created in South Africa by Ogilvy & Mather, an international advertising, marketing, and public relations agency and Nirvana Films. Ogilvy &Mather were asked by Vodafone to create a series of 3D advertisements which could be aired each day during the IPL Season 2. They spent near Rs. 30 million to make these advertisements. The campaign created the buzz both in the traditional media as well as in social networking sites like Face book and Twitter and video sharing website, YouTube. Zoozoos are part of a unique and innovative advertisement strategy aimed at outdoing the strategies of Vodafone’s competitors. By the means of ZooZoo, Vodafone has tried to represent an image of the urban common man who is the main drive force behind the increased usage of telecom & VAS services in the tele-communication industry. Through ZooZoo characters they have tried to showcase how the various offers by Vodafone can be useful for an urban common man. What Vodafone did was they projected the usage of their VAS services through various advertisements based on different themes as per the product (VAS) that they were offering. The various services offered by Vodafone such as chota recharge, group SMS service, busy alert service, fashion tips, recharge anywhere, bhakti songs, stock alert, voice SMS etc were shown to the viewers not by normal advertisement ways but through some funny & catchy ZooZoo ads which were successful in immediately drawing the attention of urban population including all age groups. Each of the advertisement was specific to one particular VAS service & revolved around the same to make the customer understand the service. Because of the uniqueness & attractiveness of these Zoozoos, Vodafone was able to draw the attention of the audiences quickly towards these ads which became soon very popular & thus the VAS offered by Vodafone. The success of ZooZoo is the success of minimalism and simplicity. As a part of a unique and innovative advertisement strategy which was being tried for the first time in India, the ZooZoo also generated tremendous mass appeal through the internet. The ZooZoo campaign has been able to generate a lot of curiosity among the viewers. The fan club of ZooZoo touched to several million and various interactive quizzes came up in these days as evident in the wallpapers and screensavers in the cell phones. All these transformed into a great viral marketing event. Another important advantage is that it involves very low cost in the implementation of the ZooZoo campaign and this amount as compared with the benefits it generated was infinitesimal. There is no celebrity required as a brand ambassador, unlike the campaigns being run by its competitors like Airtel and Idea, which resulted in a dual advantage. ZooZoo advertisements helped Vodafone increase its customer base by 3.8 % in the 1st quarter of 2010. The reason behind the Zoozoos becoming so famous is its familiarity with the cartoons which people used to watch as kids and invokes pleasant memories and fantastical world people used to live as children. It also does not produce bias of any kind (class, creed, religion etc) and hence this advertising strategy of Vodafone has been able to capture the imagination of millions across the country. The ad campaigns have given Vodafone a new look that will go a long way in further improving its brand image. The commercials have hit the Indian market like storm and will now probably go into history as one of the most brilliant advertising idea for the industry and the results it achieved are instructive for marketers and advertising agencies. Vodafone has benefited immensely from this campaign as the Zoozoos have become a brand in themselves. The creativity in the advertisement campaign caught the attention and fancy of the consumers, aroused curiosity, told stories and made people retell the story. In their remarks about the brand, the campaign achieved a remarkable success. We are all familiar with the standard measures of advertising effectiveness — memorability, message comprehension, persuasion and likeability. However, getting people to talk and discuss the advertising gives it a multiplier effect that helps to reach and impact more people than before. As the media gets more cluttered and expensive and viewers get cynical about the message, there is a need for advertising to be spoken about to make the brand and it’s messaging more impactful. It is not just traditional 360 degrees integrated communication by using multiple media to bombard the consumers with the message. Rather effective advertisement is all about developing creative content that naturally lends itself into being talked about and thus gets present in multiple media. CREATIVE ADVERTISING IN DIGITAL WORLD As consumers spend more time online, they have more control over traditional advertising vehicles, and chose to create and share their own content. As a result, some advertisers are evolving to a confluence culture where traditional methods of work must adapt to embrace the new reality of interactive content, emerging media, and production/consumption methods. Confluence culture thus suggests that agencies as units and the advertising profession as a whole face numerous challenges to their traditional ways of operation as they grow and morph and react to cultural shifts, particularly when it comes to creativity and ideas. Interactive creativity is built around engagement, and it recognizes that people are inherently social and look to create and maintain relations not only with other people but also with brands. Brand stories, both in traditional media and online, provide ways for advertisers to engage consumers more deeply with their brands. An engagement perspective changes the view of a brand from a transactional perspective, in which a brand addresses a transient need, to an interactional perspective, by which the brand story becomes part of a person’s own story about him or herself. The act of consuming media online has become synonymous with the act of producing media. Many online users are not content with accessing and viewing or listening to content from established sources; rather, they want to interact with message content by adding to it or repurposing it for new and different uses. Some traditionally closed models of information distribution (e.g., Web pages) therefore have given way to new, open models. These new systems, including the social media sites Facebook, MySpace, and YouTube, enable consumers to distribute content that they create. Interactive creativity therefore involves providing consumers with the tools they need to be creative themselves. To promote its new line of coffees, McDonald’s developed a site where visitors could create their own coffee ring snowflakes. On the CNN site, consumers can select news headlines to make into t-shirts, branded with the CNN logo. In each of these settings, the brand becomes the base for the creative product, and the time spent on the sites during the creation process allows brand registration to occur. Participation suggests that brand stories actually are created and disseminated in a partnership between advertiser and consumer. Leaders in the confluence culture will be those creative strategists who have an understanding of all aspects of the advertising process and use creative skills to solve brand problems. These individuals-nimble, digital, and prepared for new challenges will be able to consider the stories people tell, craft resonant brand narratives, and help clients use these stories to connect people to brands in new and exciting ways. Agencies embracing the creative strategist approach will be poised to provide outstanding messages for clients, protect against economic downturns as clients embrace the value of such messages, and find even more innovative ways to communicate. CONCLUSION Creative Advertising comes with its own set of challenges, particularly when it comes to harnessing the power of creativity so that the message gets conveyed in an appropriate manner keeping the holistic vision of the brand into context. The real success of an ad campaign for its creativity can be measured by evaluating the sophistication level of below parameters: * Time and Space consumed * Superiority over competition * Distinguish Products * Influence customers * Was it Eye Catchy * Relate with the Values of Target Audiences Advertising is an exciting field and the industry is constantly changing to provide new challenges and creative problems to solve. The true test of creativity is the ability to adapt to change, and consistently find new and original solutions. Advertising is likely to play a crucial role in marketing products and services for the foreseeable future, but the opportunities offered by new technology and media provide a much broader canvas for advertisers and creative teams. REFERENCES 1. Marketing Management – Kotler, Keller, Koshy, Jha 2. Advertising in Rural India: Language, Marketing Communication, and Consumerism – Bhatia 3. What is Advertising? Advertising & Society Review 6, no. 3 (2005) 4. The fundamentals of Creative Advertising by Ken Burtenshaw, Nick Mahon & Caronine Banfot 5. Inclusive Branding by Klaus Schmidt & Chris Ludlon. 6. Zenith International Journal of Business Economics & Research 7. Rediff.com Business – The Magic of the Zoozoos 8. Wikipedia – Creative Strategies

English Law Report

Introduction In UK there are three main sources of English law, Legislation (Statue Law), Common Law (Judge-made Law) and the European Communities law. Pg 41, Longshaw, (2002) The purpose of this report is to explain the basis of Common made Law and also to explain duty of care, negligence, trespass, and consent. I will also look at how specific legislations instruct health care practitioners as to their legal responsibilities. Statute Law Legislation however, is probably the most important source of law in the UK. Legislation developed later than common law as a major source of law.It is made by Parliament, i. e. the House of Commons, the House of Lords and the Monarch and they can make or unmake any law. Proposals for legislation (‘Bills') are presented to debate by and voted upon by the House of Common and the House of Lords, finally receiving the assent of the Monarch and thus becoming Acts (Statutes) of Parliament. Common Law Common law forms a major part of England's law. It covers common crimes that happen on a day to day basis and have always existed such as rape, assault, murder and theft.It is created and refined by judges: a decision in a currently pending legal case depends on decisions in previous cases and affects how the law is applied in future cases. Common law evolves with time and the sentencing for various crimes can be made harsher or softer. It uses the idea of precedence so that punishments that have been passed before in similar crimes can be used to determine the punishment for a similar crime. When there is no authoritative statement of the law, judges have the authority and duty to make law by creating precedent. Jokinen, 2009) A precedence of common law is set down by Lord Atkins through the Donaghue vs. Stevenson case. There are two types of precedents: binding precedents (a past decision which is binding – the legal point of the earlier case is identical or sufficiently similar to the present one and the decision was r endered by a higher court) or persuasive precedents (which the court may consider but is not bound to follow) Sources of persuasive precedent may also be the Judicial Committee of the Privy Council, the European Court of Human Rights or courts of countries which also apply the common law.Duty of Care In English law an individual is owed a duty of care by another, to ensure that they do not suffer unreasonable harm or loss. This definition of duty of care known today came from Lord Atkin and the ‘Neighbour Principle' that came from the judgment on the Donaghue vs. Stevenson case in 1932. The Donaghue verses Stevenson is the case of Mrs Donaghue claiming damages from gastroenteritis after drinking a bottle of ginger beer and finding a decomposing snail in it. She was claiming damages against Mr. Stevenson the manufactures of the ginger beer.When this case first came to court neither Scottish law nor British common law saw duty of care in regards to someone remotely connected. Lo rd Atkins changed things by saying everyone has a duty of care to their neighbour here is a quote of what the legal definition of a neighbour should be. â€Å"The rule that you are to love your neighbour becomes in law you must not injure your neighbour; and the lawyer's question â€Å"Who is my neighbour? † receives a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee and would be likely to injure your neighbour.Who then in law is my neighbour? The answer seems to be persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question. † (Lord Atkins, 1932) When this duty of care is not acted upon this s called negligence. Negligence Negligence is a tort law, which establishes legal liability for careless actions or inaction which causes injury.Therefore negligence is not concerned with the action or inaction, but with the manner in which the action or inaction is carried out. Negligent conduct is that which falls below an acceptable standard, this standard has been established in order to protect others from an unreasonable risk of harm. Not every type of carelessness is defined as legal negligence. There are four elements that need to be proved for an action or inaction to be defined as legal negligence this are; duty, breach, causation and damage.The â€Å"ABC† rule has to be met before negligence can be. A is that there has to be a duty of care between the health care practitioner and the patient. B is that the actions of the health care practitioner fell short of the duty of care identified in A. And C is that this action leads to damages occurring. Negligence is a part of Tort law. Trespass Trespass to the person in a medical setting could be a doctor or nurse carrying out a procedure without the consent of the patient; however this is not always the case.In some cases doctors can perform emergency procedures to save a patient's life without their consent this is sometimes because the patient is too ill to consent or there is a complication while another procedure is taking place. An example of trespass to the body in a medical setting is the case of Bartley v Studd. This case is about John Studd removing Mrs Bartley's ovaries while doing a hysterectomy without her consent. (Garner, 1997). In the case of trespass, it does not have to be proved that any harm has occurred to the patient, which could have been the case in the above situation.However, if the patient could prove that they would not have agreed to the procedure having known the risks beforehand and they can prove that they have suffered harm as a result, then they could succeed in a case of negligence against the nurse (Dimond 2003). Role and codes of practice Legislation, also known as Acts of Parliament or Statutes, is the commonest source of new law in the United Kingdom and is of great relevance to health, care ; social workers. There is another form of law known as Case Law -essentially ‘judge-made law'.This is often referred to as Common law, developed by individual judicial decisions. Where a legal issue has been decided by a judge or judges in a superior court, lower courts are bound to follow this decision in subsequent cases. In other words when a senior judge has made a decision about case, other judges abide by this decision (called a precedent). Most law was made this way up until the 17th century but more recent legislation is nearly all created by Acts of Parliament, referred to as Primary Legislation.The role of the judges is still important though, as they play a part in law-making by interpreting Acts of Parliament and their rulings may become law, as in the case of Regulations. Both the Acts and their relevant Regulations are law. Regulations and guidelines Regulations, guidance and procedures along wi th various codes of practice produced by the relevant professional bodies: the Nursing ; Midwifery Council (NMC) for Nurses and Midwifes, recommend what is considered to be good practice on a day-to-day basis for professionals.This means in effect that the professional has a defence against claims of malpractice or negligence if s/he has followed the authorised guidance and regulations. However the converse also applies. If a professional has not followed accepted guidance or procedure and a client or patient has suffered harm as a result of the professional's actions, the professional may be personally found guilty of negligence. Trespass and Consent Common law has protected the personal and bodily interests of the individual through the law of trespass.When a patient undergoes treatment, it is the provision of consent that prevents the doctor from being held liable for a battery or for negligence. The essential elements to a valid consent can be summed up as follows: a) the patien t must have sufficient understanding, otherwise known as the mental capacity to make the decision, b) the patient must consent (or refuse) the treatment of his own free will, with no duress or undue influence, and c) the patient must have been given sufficient information about the proposed treatment. 1 patient is capable of making such decisions, his consent or refusal will be valid.In practice it can be seen that a patient who is very unsteady on their feet is at high risk of falling and it can be reasonably foreseeable that the patient could fall. In this situation, the nurse should take appropriate action to try and prevent the patient falling, and this falls within the duty of care that the nurse owes the patient. The nurse could communicate with other staff about the patient's mobility and also put interventions in place to help prevent the patient falling. However, if the nurse was to ignore this reasonably foreseeable event and the patient did fall, the nurse would be in bre ach of her duty and could be negligent.For an act of negligence to be established, it must first be determined that there is a duty of care owed. The Bolam test may be one way of establishing negligence in this case as other nurses in the same field may be asked what actions they would have taken in this situation. Conclusion. In this report we see that everyday practice professionals need to always refer to legislation directly – agencies that employ health and care workers, such as the NHS and Social Services Departments, will usually have produced documents that detail policy and procedure, designed to help them act in accordance with the law.In conclusion this report also gives us a slight insight into the English Law within the legal system today. Bibliography Bradney, F. C. (200). English Legal System in Context (2nd ed. ). London: Reed Elsevier Ltd. Curzon, L. (2002). Dictionary of Law (6th ed. ). Essex: Pearson Education Ltd. Fleming, J. G. (1998). The Law of Torts (9 th ed. ). Sydney: LBC Information Services. Garner, C. (1997, September 27). Doctor who removed patient's ovaries without her consent found guilty of misconduct. Retrieved Feb 13, 2013, from The Independent: http://www. ndependent. co. uk/news/doctor-who-removed-patients-ovaries-without-her-consent-found-guilty-of-misconduct-1241322. html Gibbins, J. M. (2003). Complete A-Z Law Handbook (3rd ed. ). London: Hodder and Stoughton Educational. Holdsworth, M. (2006). Introduction to the English Legal System. citizED Citizenship and Teacher Education. Jokinen, A. (2009, April 13). Common Law. Retrieved November 7, 2010, from Luminarium: http://www. luminarium. org/encyclopedia/commonlaw. htm Lewis, J. P. (2008, November 11). Teenager who won right to die: ‘I have had oo much trauma'. Retrieved February 20, 2013, from Guardian: http://www. guardian. co. uk/society/2008/nov/11/child-protection-health-hannah-jones Lord Atkins, L. B. -P. (1932). Donoghue verses Stevenson. Retrieved from Scottish Council of Law Reporting: Retrieved February 20, 2013, from http://www. scottishlawreports. org. uk/resources/dvs/page-images/pages/Lord-Atkin-Page-2. html Mary Charman, J. M. (2004). Law AS & A2. Essex: Pearson Education Limited. Quinn, C. E. (2006). AS Law (3rd ed. ). Essex: Pearsin Education Ltd. Pg 41, Longshaw, A & Hughes, M W200: Understanding Law – Manual 1 (6th Edition), (2002), Oxford University Press, Oxford). BIBLIOGRAPHY 1. Slapper G. and Kelly D. The English Legal System (5th Edition), (2001) Cavendish Publishing Ltd, London. 2. Longshaw, A & Hughes, M W200: Understanding Law – Manual 1 (6th Edition), (2002), Oxford University Press, Oxford). 3. Penner J. E. Law Dictionary (12th Eidtion), (2001) Butterworths, London). 4. http://www. lawcampus. butterworths. com/log_in. htm 5. http://athens. butterworths. co. uk/athenslogin/FormsLogin. asp? /athenslogin/buttlogin. htm

Styles of Historiography Herodotus vs Einhard - 940 Words

The Styles of Historiography: Herodotus vs. Einhard Herodotus and Einhard write history in two completely different styles. Einhard’s style is about giving specific details, while Herodotus’s style is about giving his own personal opinions and information that he has from secondary sources. The biggest effect of the difference amongst the two historian’s style of writing is the fact that Einhard’s history of Charlemagne’s life gives information that makes it seem as if the events were realistic, while some of the events that Herodotus talks about seem conjured. The Two Lives of Charlemagne gives details about the life of Charlemagne. The entire story praises Charlemagne as a great hero and leader. All the qualities of the†¦show more content†¦He states, â€Å"the opinion that I have expressed about the extent of Egypt is supported by an oracle delivered from the shrine of Ammon which came to my notice after I had formed my own conclusions.†[10] This shows how the style of w riting by Herodotus is written through the belief of telling of the future and predictions which makes it not an accurate source of history. The styles of writing differ through the fact that Einhard gives what seems to be accurate details, while Herodotus gives information through other people and personal beliefs. The reason for this may be the difference in when the two historiographies were written. The Histories, was written much earlier and beliefs in oracles and having babies talk on there own might have seemed likely to people of that time. Two Lives of Charlemagne was written by someone who encountered the events he wrote about and lived in a time period where mystical beliefs were not as common. The biggest effect between the two writers is that we can believe that most of what Einhard says was true, while we cannot take all of Herodotus’s beliefs as seriously. Works Cited 1. Einhard, â€Å"The Life of Charlemagne,† in Lewis Thorpe, trans., Two Lives of Charlemagne (London: Penguin, 1969). 2. Herodotus, â€Å"The Histories Book 2,† in Aubrey de Selincourt, trans., Herodotus The Histories (London: Penguin, 1954).