HND市场学导论outcome2(仅供参考)(20200628092305)

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hnd商法导论outcome2案例+答案

hnd商法导论outcome2案例+答案

H N D商法导论O u t c o m e2案例+答案(总5页)--本页仅作为文档封面,使用时请直接删除即可----内页可以根据需求调整合适字体及大小--Case study 1Samir sees a set of golf clubs displayed in a shop window for £500. He enters the shop and states he will take the clubs. The shopkeeper however says the clubs are no longer for sale. Samir is demanding that he be sold the clubs and at the price displayed.Identify the essential requirements of a contract and discuss whether a contract exists here.A contract is an agreement between parties having the capacity to make it, in the form demanded by the law, to perform, on one side or both, acts which are not trifling, indeterminate, impossible or illegal, creating an obligation enforceable in a court of law. A valid contract has three essential features: there must be a agreement on all material aspects; at least two contracting parties and legal obligations.A contract consists of an offer and an acceptance. If there is no offer in the first place then there can be no contract. The basic elements of a contract include an offer and an acceptance.In the case Samir sees a set of golf clubs displayed in a shop window for £500. He enters the shop and states he will take the clubs. But shopkeeper says the clubs are no longer for sale. Samir is demanding that he be sold the clubs and at the price displayed.According to this case we can say that these is not exist a contract. In the case that a set of golf clubs are exhibited in a shop window, thus it is not an offer. Because the goods displayed in a shop window as a invitation to treat, we can know that goods displayed in a shop window (even when priced) are classed as a willingness to negotiate on the shops part. Invitations to treat also is considered to inquiry the price of goods, means a party to invite the other person to make offers. Different an offer, a willingness to negotiate only as prepared to make a contract of behavior on the issue who is not legally binding. The customer will make the offer to buy the goods which the shop are perfectly within their rights to refuse. The invitations to treat are not legally classed as offers and therefore cannot be accepted.Before the party who gave off the invitations to treat could not accept the other people’s offers they can revocation, and then the contract is not build. When Samir asked to buy the golf clubs the shopkeeper refused hin, and there was no acceptance. So when the shopkeeper refused Samir which is a set of golf clubs are not the good for sale, it just be used as ornament, and attracted the consumers interested. So an offer in this case is not found, either nor contract consists of an offer and an acceptance, we can know that there is on offer and there is on contract.Case study 2Tom is the top salesman for ABC Motors. He has been offered a job by a rival company but is concerned because there is a clause in his contract which prevents him from working for any other car company for five years.Tom is the top salesman because he regularly tells potential customers what they like to hear rather than the facts. He has done this in relation to ages of vehicles, odometer readings and vehicle service histories.Tom recently completed a deal to buy a vintage sports car for ABC Motors from now discover that Barry (not his real name) had stolen the vehicle.Question 1What is a restrictive covenant Advise Tom as to the legality of the clause in his contract.You can refer to Bluebell Apparel Ltd v Dickinson (1980) on page 146Question 2How would you classify Tom’s statements to the customers and what are the possible consequences for Tom and ABC motors in relation to these statements You can refer to Smith v Sim(1954) on page 161Question 3What is the legal position with regard to the vehicle which Tom has purchased from BarryYou can refer to Morrison v Robertson(1908) on page 1531 Restrictive covenant is a agreement which restrict the party liberty to work and trade. Such contracts are VOID unless the restriction can be shown to be reasonable to both parties involved and to the general public. There are three types of restrictive covenants: contracts between employer and employee, contracts between sellers and purchaser of a business and ‘solus’ agreements. For all three types, the party attempting to enforce the agreement must prove that it is reasonable to both parties concerned and to the general public. If they are unable to do this then the contract will be considered void and unenforceable. (from the text bookP142-142) This contract are legality, and the restriction was fair in this contract. Because the relationship of Tom and ABC motor is employer and employee, when enter employment and employee may agree to some restriction being placed on his future employment or trade. Later the employee may feel the restriction is unfair and therefore he may break it. In such circumstances it would be up to the employer take him to court and seek an ‘interdict’ forbidding the employee to break the agreement. They will consider the factor the nature of the job the employee was doing(from the text book P142). If Tom worked for any other company within the validity period of the contract that he would be in a position to harm his ex employers.2 The 4 main causes of error are: innocent misrepresentation, fraudulent misrepresentation, negligent misrepresentation and concealment of facts. And Tom’s statements to customersclassify fraudulent misrepresentation,A false and material statement which induces a party to enter into a contract this is misrepresentation. Because he regularly tells potential customers what they like to hear rather than the facts and him without caring whether it is true or false. Fraudulent misrepresentation can lead a contract being madevoid if it involved these points,first is fraudulent misrepresentation causes error in the substantials. Second is the other party relied on the misrepresentation and it was a major influence on them entering the contract, third is the other party can offer restitutio in integrum. So the contracts between Tom and customers is void, he relied on the misrepresentation and it was a major influence on them entering the contract, thus customers can acquire compensation. Or cancel the contract or both of them.3 Tom brought a car from Barry,but Tom discovered that Barry had stolen the vehicle. And in this contract has a error which made the contract void, the Barry stolen the car but Tom did not know before him brought, so he can not get the car’s ownership. An error concerning the identity of the parties. Barry stolen the car so he haven’t ownership of this car and sold car, therefore, he can not give ownership to Tom, and Tom does not get the car’ ownership actually. And in this case Tom can only lodge a claim to Barry.Case study 3Martina recently attended an auction for the first time. She was very keen(渴望的) on a particular painting and when the bidding commenced(开始) she got so carried away that she bid much more than she intended. Martina won the auction but with fees(费用) and commissions(佣金) added on to the price, she cannot pay the full amount for the painting.Question 1What do you understand by the term ‘breach of contract’ Give two examples. Question 2List the main remedies available for breach of contract.Question 3What is the most appropriate remedy for the auctioneer(拍卖商) in this case 1、Where one party fails to fulfil his or her legal obligation under a contract.(from the text book P183)example1Tony and Jane have a contract where Tony will pay June $100 for her car and delivery. Tony pays the $100 but Jane fails to delivery.(from the text book P197) In this case study there has been a Breach of Contract by Jane as she has failed to delivery the car.Example2Shirley and Oliva have a contract where Shirley brought a cake from Oliva for her friend and asked Oliva sent the cake to her friend on 12th December 2012 , but on that day her friend did not receive the cake.In this case study there has been a breach od contract by Oliva as she failed to sent the cake.2、If there is a breach of contract then the innocent party will have the right to seek a remedy for the breach.(from the text book P184)Damages as a remedy for breach of contract. The object of awarding damages to someone is to place them in the position they would have been in had the contract been completed.So damages are really awarded as compensation- if the party has actually lost money as a result of the breach then he will be awarded ‘substantial’or ‘compensatory’ damages.In some cases no actually loss may have been incurred as a result of the breach. If is still possible that damages may be awarded for trouble and inconvenience-these are know as ‘nominal’ damages.(from the text book P185)Specific implement as a remedy for breach of contractSpecific implement is to stop someone for acting in breach of contract. So specific implement may be positive---forcing someone who has been in breach to fulfil their obligations or negative ---forcing someone who has been in breach to stop doing something. (from the text book P191-192)Rescission as remedy for breach of contract.Rescission means cancellation . With this remedy, the innocent party has the right to rescind(cancel) the contract if the other party has been guilty of a material breach of contract.The main factor to be considered is what is meant by a material of contract. Ifthe breach is not material but only partial then the right of rescission does not exist.Many contracts contains a number of conditions, some of which are more important than others.If the contract specifically states that some are material then breach of these will mean that rescission can be taken as a remedy.(from the text book P193-194)The Defensive Remedies for breach od contractThere are two defensive remedies that can be taken by the party who is not in breach.①Lien:If a person has possession(占有) of an article(物品) on which he has been employed to do work then he can refuse to return the article to its owner until payment is made for the work done.Example of situations where lien could be used as a remedy for breach of contract include:②Retention:This is the right to refuse to pay a debt which is due(到期的).Retention can only be used under the following two circumstances:ⅰwhere compensation can be pleaded.(债权确定、到期)ⅱwhere both claims arise under the sameWhat is the most appropriate remedy for the auctioneer(拍卖商) in this case 3、in this case the defensive remedies in the most appropriate method for the auctioneer. The defensive remedies include lien and retention, the auctioneer should take lien measure. If a person has possession of an article on which he has been employed to do work then he can refuse to return the article to its owner until payment is made for the work done.As a result of Martina won the auction but with fees and commissions added on to the price, she cannot pay the full amount for the painting, the auctioneer can keep the painting until Martina paid off the rest of money.。

HND人力资源管理导论Outcome2

HND人力资源管理导论Outcome2

“Escape to Wild”是一家成功的公司,专门通过邮购和小型的零售专营店来销售户外休闲服饰。

它作为一家私营公司小规模的经营了超过15年的,一直到六年前,一位经理被聘请来扩展公司业务.首先,公司增加了邮购目录上的商品数,并且用了更大的仓库来存放和配送货物。

四年前,“Escape to Wild”开了第一家自己的零售专营店,到现在,已经有了10家零售专营店,并有计划再多开五间店。

两年前,公司建立了自己的网站,实现了网上购物,这部分的业务发展迅速,还带了了很多海外的订单。

这位新经理上任以来,公司员工已由原来的20人发展到300人,业务也变得更大更复杂,持续需要加强员工来源已经成为这家户外服饰专营公司最强烈的需求,需要更多的员工是这家公司的当务之急。

“Escape to Wild”公司没有明确的人力资源部门。

部门经理们根据自己部门的职责招聘新人,负责确定他们的薪酬水平。

薪酬管理业务已经外包,员工培训一般是临时组织的,财务主管负责处理员工的合同和特殊情况,例如产假和加薪。

在这个快速发展的时期,公司已经开始将更多的精力投入到服务正在增加的客户群中。

到目前为止,公司中员工的关系比较良好,但是,公司的现状表明是时候建立规定和程序从而能用更系统的方法去解决人力资源的问题。

在最近的公司管理层会议上,部门经理们不断的抱怨说他们花了太多的时间在处理一些日常的行政问题上,而这些问题明明都可以由人力资源部门来解决,如果公司能有一个这样的部门。

不断增加的员工数量使得财务部门花大量的时间来处理与人事相关的问题。

同时,部门经理们也会因为工作描述,招聘和甄选的实际操作,以及员工的薪酬待遇等问题产生矛盾。

一个管理层的人员最近参加了一个关于员工法案的研讨会,法律的复杂性带来的实际问题是公司更加需要一个专门的部门来公平的处理员工的问题。

同样,员工们也开始抱怨一些条款和条件中的矛盾,有一些人离职了,因为他们对自己遭受到的人力资源问题觉得不满意。

hnd商法导论outcome2

hnd商法导论outcome2

商法导论outcome21.s看见橱窗展示了一套高尔夫球具,他走进店要求购买该球具,店主不卖,a坚持要以展示的价格来买。

问:合同要素是什么,该案中合同存在吗?A valid contract has three essential features.Firstly,the parties must agree on the terms of the contract. For all aspects of the content of contract,the parties reach a consensus through consultation. Sencondly, the conclusion of the contract shall be attended by at least two parties, only one of the parties does not exist the problem of conclusion of the contract.Thirdly,observation of law. In concluding and performing a contract,the parties shall observe tha law and administrative regulations, respect social ethics and they disrupt public and economic order or impair public interests.In case,the contract is not established.Because the essential of contract is not incomplete. The display window demonstration is an important contract invitation merely,the n the customer could be able to walk in and demand the goods.F or example,Pharmaceutical Society of Great Britain v Boots The Chemists(1952). A sales of a listed poisons must have a registered pharmacist to supervision. If the goods on the shelf is an offer,then the goods in the basket is completed by sales and this behavior is illegal. The judgment of the court is not breaking. The goods on the shelfis an invitation to offer but not an offer.2.t是汽车公司的销售员,竞争公司挖墙角,要他跳槽,但是雇佣合同中有一个条款禁止他为其他任何汽车公司工作在离职后的五年内。

HND 物流报告outcome 2

HND 物流报告outcome 2

1. IntroductionIn this report, it covers three topics: the elements are applicable to ZK’s products, the way ZK would evaluate its customer service and relationship customer service has with organizational performance and a customer service approach to logistics and distribution which is appropriate to ZK.2.0 Findings2.1 The elements are applicable to ZK’s productsAbout this part, there are three main points: pre-transactional, transactional elements and post-transactional.For the pre-transactional, which means before the transaction, there is a written policy statement to introduce the employees’ behavior and explain the mission of the company. This part also provides a clear organizational structure of the company to provide high-quality service to the customers. To achieve the goal of providing good customer services, ZK needs a flexible system which supports the company’s daily services for the customers and clients, and resists the changeable risk from external environment. Besides, the company needs technical services for the customers, which is best for their products. Through providehigh-tech products to fill the requirements of customers and the variable needs for the colorful products.For the transactional elements, the most important point is services efficiency. That means the level of stock out should be low, which needs a high rate of selling goods. And then, the company must make sure of the company needs create a good impression to the customers. The next one is the accuracy of system which will bring the order convenience for the company, which will give a considerable volume for the company. Because the system accuracy results in the order convenience, what’s more, that element directly results consumers satisfaction which will greatly contribute to the volume.For the post-transactional element which also can be called as after service. As a company which gains a good brand reputation may certainly provide excellent after service to holdback order. And that involves in the warranties for their products’ tracking. These all require the high quality of customers and great electronic business, the company makes a good products’ tracking, which makes the company assure the arrival of products. At last, ZK should make full preparation for the complaints of customers. An appropriate dealing with those complaints is a good fortune of the company. That also is a great contribution to customer satisfaction.2.2 Evaluation of customer service and relationship between customer service and organizational performance.To evaluate the quality of customer service, the entity may measure it from these ways: the number of complaints, the volume of stock out, completeness of orders and speed and convenience of systems. The less complaints of the product are, the more splendid of the products are. The volume of stock outs depends on the speed and convenience of the systems, which provides a proper way of measurement for the customer service. The last element used to evaluate the customer service is product tracking which means ZK should track its sold products through it finished to sending to customers, which requires a specific level of technology and energy but efficient enough for improving volume.About the relationship between customer service and organization performance, organization performance contributes to the customer services. If an organization performed well, there must be much contribution to the organization’s products. On the other hand, good customer service will bring the organization with adding value for its products and competitive advantage of the organization.2.3 A customer service approach to logistics and distributionAn appropriate approach for the ZK’s customer service is meeting customers’ needs. In detail, in order to meet the actual needs of customers, ZK may need to finish a survey directly to the customer. To interview them for the specific requirements about the products and services is the first step. Next, after gathering a number of information about the service, ZK’srelevant department starts to those information and rank them according to their importance. And then, it’s the last step. The implement of those appropriate needs for the customer which contributes well to ZK.Through the implement of this approach, ZK can improve its quality of customer service because that meets the needs of customers enough. What’s more, the brand reputation of ZK will also be improved well.ZK would need to research the needs of the customers, rank these in order of importance to the customer, speed and convenience of the systems ,number of complaints, completeness of orders, the volume of stock outs, I think ZK company should be in this order to evaluate customer service. I think that the efficiency of the company should be the most important, the efficiency is money. Secondly, we should be in the enterprise quickly at the same time the attention of its quality, so you can quickly and steadily. The third is to test the specific implementation of first two evaluation, can help enterprise in a strategic goal at the same time, in tiny link do more perfect. The fourth this a evaluation is used to verify our strategic goals and implementation of specific presence of problems, and improve.This would be beneficial to ZK as it would help improve their service and may allow the company to segment their service based on customer needs.3. ConclusionTo sum up, ZK’s products’ elements involves pre-transactional, transactional andpost-transactional. The evaluation of customer service includes the number of complaints, the volume of stock outs, completeness of orders and speed and convenience of systems. At last, as for the customer service approach to logistics and distribution is meeting customers’ needs.4. Reference1. McKenzie, Lionel W. (1954). "Specialization and Efficiency in the World Production". Reviewof Economic Studies 21.2.Jump up^ McKenzie, Lionel W. (1956). "Specialization in Production and the ProductionPossibility Locus".3.Jones, Ronald W. (1961). "Comparative Advantage and the theory of Tariffs; A Multi-Country,Multi-commodity4. Downburst, R.; Fischer, S.; Samuelson, P. A. (1977). "Comparative Advantage, Trade, andPayments in a Riparian Model with a Continuum of Goods".5. Matsuyama, K. (2000). "A Riparian Model with a Continuum of Goods under No homotheticPreferences: Demand Complementarities, Income Distribution, and North-South Trade".6.Steadman, Ian (Ed) 1979 Fundamental Issues in Trade Theory, London: Macmillan and NewYork: St. Martin's Press. Steadman, Ian 1979 Trade Amongst Growing Economies, Cambridge: Cambridge University Press。

HND市场学导论outcome

HND市场学导论outcome

- - - Marketing: An IntroductionContentsIntroduction1Marketing concept2Pay attention to market research2Corporate Profit2Pay attention to the marketing plan2Marketing Orientation and Customer Relationship Management2After Service3The marketing environment3Types of Marketing Environment4Marketing Research&Information:4Find out enterprise’s problems and mistakes4Market Segmentation5Opponents of information5Marketing plan5Market research and information Introduction5Quantitative&Qualitative Research6Qualitative Research6In-depth interviews6Quantitative research7Face-to-Face surveys:7Segmentation & targeting7Research information7Market segmentation8Benefits of Market S&T8Conclusion9Reference9IntroductionThis report is writes for the Trusty-Land Food pany. The report consists of 5 point that includes the marketing environment segmentation and targeting, the market research andinformation and marketing conception. Making a final and review summary in the end.FindingsMarketing conceptPay attention to market researchThe organization researches the local environment that can help pany to make market segmentation. Finally, the organization can meet customer’s demand. Corporate ProfitThe organization uses advanced technology or policy to improve the product in market. The organization enhances the market shares that will increase corporate profit.Pay attention to the marketing planThe organization pays atten tion to the customer’s demand petitions plan and own enterprise conditions. The marketing plan can ensure customer growth and growth enter pany’s profit.Marketing Orientation and Customer Relationship Management The organization is gives priority to the c ustomer’s demand. The organization municate and cooperate with customers that can help organization to take long-term benefits with customers.After ServiceThe organization reasonable to meets customer’s requirements. The organization mast timely and effe ctive to deal with customer’s problem. Eventually the organization make customer satisfaction.The marketing environmentMicroenvironment:The pany met the specific conditions in the business environment and explores the relevance economic reasoning to managerial decision-making. The ‘Trusty-Land Food’ formed a sales to large grocery chains. The large grocery chains includes Seven Eleven. But Seven Eleven wanted supplies under their name on Trusty-Land Food’s products, so the Seven Eleven bee a petition. It affects the reputation of our products, costumer always pay great attention to packing. Trusty-Land–Food’s logo represent a big part and Seven Eleven’s logo represent a small part.In 2009, the “HealthMeat〞is imperative for panies to increase their focus on retaining existing customers and attracting new ones. Bring the benefits to pany from new ones. The panies adhere to innovation. Wide range of goods will attract more customers that can move the pany forward.Macroenvironment: The bird flu and the mad cow scare appeared in 2005 and 2006 that decreased the customer’s demand. The bird flu and the mad cow scare appeared that made the pany lose great profits. Security checks in the supplier have bee stricter to helpthe bird flu and mad cow scare disappeared. The mass media should be propagandas food Trusty-Land Food pany’s products safety that can maintains sales.The new dietary guidelines had been proposed by government is reduce consumption by red meat and processed meat. The new dietary guidelines effe ct the pany’s red meat and processed meat’s sales. Responding to government’s policy, the pany reduce products of the red meat and processed meat and production more products of write meat. Responding the government’s policy can make the product sales to r ise. Types of Marketing EnvironmentAccording to Philip Kotler in his book Principles of Marketing (4th European Edition), the marketing environment consists of all the actors and forces that affect the marketing management’s ability to develop and maintain successful relationships with its target customers. According to Gary Armstrong & Philip Kotler, Marketing: An introduction (10th Edition), a public indicates any group that has an actual or potential interest in or impact on an organization’s ability to achieve its objectives.Marketing Research&Information:Find out enterprise’s problems and mistakesIt can help enterprise to finds out enterprise’s problems and mistakes and then it can help enterprise to deal with problems and mistakes. It benefit the further development of the enterprise.Market SegmentationMarket segmentation can help the enterprise to makes market segmentation. The enterprise uses market segmentation to finds customers that can help enterprise to improve the product sales.Opponents of informationThe enterprise mast grasps the opponents of information to keeping the advantage of the enterprises in the petition. It beneficial to pany development.Marketing planThe marketing research brings the information. The information helps enterprise to makes next marketing plan.Market research and information Introduction“The function linking the consumer, customer and public to the marketer through information that is used to identify and define marketing opportunities and problems, to generate, refine and evaluate marketing actions, to monitor marketing performance, and to improve understanding of the marketing process〞Quantitative&Qualitative ResearchQualitative ResearchIn-depth interviewsThe Trusty-Land Food pany looks for three people to in-depth interviews. The three men is consumer representative and representative of major ad agencies and market development manager. The pany in order to improve the sales of the pany’s products that can attract more customers. Consumer representatives put forward opinions and suggestions on the quality of our meet’s products, to meet the majority of consumer preferences to make changes.Now advertising is very important to strengthen the use of the media to advertise. The representative of major ad agencies proposals bined with the pany's characteristics and corporate culture. Remendations includes the methods of packaging products and mass media. The success of the product packaging and advertising can attract more customers. The market development manager hear consumer representatives and representative of major ad agencies’ remendations that can improvements products. Such as advertising panies to listen to consumers representative of the appearance of the product preferences and consumers gets information through what kinds of the media, Advertising pany to understand the corporate culture and characteristics through the market development manager. Three people to discusses and ultimately achieve the bestpacking effect and publicity of pany’s produ cts.Quantitative researchFace-to-Face surveys:The Investigation team to nearby food market in a number of neighborhoods face to face surveys before the lunch time and dinner time. The investigation team to conduct research on people who buy food, because most people cooks for family should buy food. Investigation team to understand people usually buy food to eat what kind of meat, raw food or cooked food which some more, people buy food for the food safety requirements, etc. Giving small gifts when the customers answered the question after. Small gifts may be the pany's new tasting product. Through investigation, improvement of products that can increase sales.Segmentation & targetingResearch informationThe enterprises to understand the details of their own problem, such as the petitiveness of an enterprise; band effect; fiscal reserves.Knowing the market. Trusty-Land Food pany to understand that consumer’s consumption habit and hobby. The pany respect the religious beliefs and customs, many people know that not eating pork is one of eating habits of the Muslim.Market segmentationThe pany chooses religion from demographic segmentation to make market segmentation. The market is dividing a market into distinct groups of buyers with different needs, characteristics or behaviors, who might require separate products or marketing mixes and pany evaluates each market segments. Philip Kotler also describes market targeting as “evaluating each market segments segment’s attractiveness and selecting one or more o f the market segment’s attractiveness and selecting one or more of the market segments to enter.〞The pany chooses Catholic, Protestant, Jewish, Islamic from religion to do market segmentationMoslem do not eat pork .Using differentiated marketing in Moslem market, such as the pany mast prints Islamic identity on food’s packaging. According to Muslim tastes to make improvements from the pany's products.Benefits of Market S&TThrough making Market S&T and making continuous improvements, customer satisfaction scores and courtesy, along with market share, are on the rise. Our customers get hooked on the good product and setting up the good enterprise image, they will buy and bee more loyal to our brand.ConclusionFinally, I remend that panies adhere to market research and innovation that can make the pany's product sales rise. I hope that the pany develop better and better.ReferenceWang Huihong, WANG Jing, 2013, SQA Unit Student Guide on Marketing: An Introduction, China Modern Economic Publishing House.Kotler Philip, Wong Veronica, Saunders John, Armstrong Gary, 2005, Principles of Marketing 4th European Edition, Prentice Hall.。

HND 经济学导论 outcome2

HND 经济学导论 outcome2

Assessment task 2Assessment task instructions The UK economy is made up of millions of people and billions of economic activities. Within these activities, goods and services are created and exchanged. It can be complicated at times but a simple model explaining in general terms how an economy is organised and how those involved interact is a good start.Question 1 Draw a diagram showing the participants of the Circular Flow of Income and explain how it operates. The simple model is sufficient for a beginning, but an economy is more complex and involves external influences, which can raise or lower economic activity.Question 2 Identify three injections and three withdrawals from the Circular Flow of Income; give examples of each, and how they affect levels of economic activity. In the following table, there are examples of the growth rate of various countries over nine years Country United Kingdom United States Bulgaria Switzerland 1994 4.7 4.0 1.8 0.3 1995 2.9 2.7 2.1 0.6 1996 2.63.6 -9.4 0.3 1997 3.44.4 -5.6 1.7 1998 3.0 4.3 4.0 2.4 1999 2.14.1 2.3 1.6 2000 3.1 3.85.4 3.0 2001 1.9 0.3 4.0 1.3 2002 1.6 2.4 3.5 0.6Question 3 Choose any two of the following questions: (a)Explain at least three difficulties encountered in measuring the National Income of a country. (b) Explain (using at least three reasons) why it is difficult to compare the growth rates of the countries in the table above. (c) Explain how the multiplier effect could substantially raise the level of National Income. (d) Explain the difference between real and nominal growth using the table above.Assessment task 2 Outcome(s) covered 2 Suggested solution and making an assessment decisionQuestion 1 A circular flow diagram clearly identifying the following in their correct places: Firms: Households: Markets for factors of production: Land, labour, capital and wages, rent, profit and income. revenue spending Goods and services sold Goods and services bought Firms Households Production inputs Land, labour, capital Wages, rent, profit income (PPT 书P74)Question 2Injections: Investment Withdrawals: Savings Government spending Taxation Exports Imports Appropriate examples: Investments: New factory being built 【built a new private enterprise (grow)】Government spending: New hospital being built (not PFI or PPP)【built public schools (grow)】Exports: Firm wins order to supply new computers to foreign firm 【In cooperation with foreign sales (grow)】Savings: High interest rates result in more savings【a country saves too much of its income (decline)】Taxation: Imports: Government raise level of income tax 【government raise income tax (decline)】Record numbers of holidaymakers go on overseas holidays 【spending on foreign goods by more national】(PPT书P73)Question 3(a) Any three from the following: Errors/omissions from the data gathered,Black economy,Non-recorded items,eg DIY, housework, barter,Transfer income,Double counting.(b) Methods may change over time. Accuracy of figures,Inflation adjustments,Social conditions,Work conditions,Unequal distribution of income. Spending patterns eg defence.(c) Explanation of multiplier either in words or through use of algebra(书P199.200). Explanation should show that an initial injection to National Income results in a larger level of NI than the original injection. Propensity to save and consume.(d) An explanation of the difference between real and nominal growth, identifying that in real terms inflation is taken into account. In 1998 the growth rate is shown as 3%. If this figure is the nominal rate and inflation is measured at 3.1%, then there is no real growth in the economy. Any similar example will suffice.【GDP=Consumption +Capital investment spending +GeneralGovernment spending +Exports +Imports of Goods(Services) GNP=GDP+NPIA(Net property income from abroad) National Income=GNP-Capital Consumption Real Growth Rate=Nominal Growth Rate-Inflation Rate (Real Growth is the grow adjusted for inflation, Nominal Growth is the grow in the current value of money, Inflation Rate is measure of rate of change in price index)2000: 3.1-3.2=-0.1 no real growth 】。

HND商法导论outcome2每题用的Case(自己总结的。)

HND商法导论outcome2每题用的Case(自己总结的。)

HND商法导论outcome2每题用的Case(自己总结的。

)第一篇:HND 商法导论outcome 2每题用的Case(自己总结的。

) Cases will be used for each question, including the fact and judgment of each case as well as the content from the textbook.This is just the case law party of the answers.Not the comprehensive or complete answers.DO NOT SIMPLY COPY IT,USE YOUR OWN WORDS.Some of the words follows are just a copy from our textbook.以下部分是本次考试所要使用的案例,包含了案例的概括,法院的判决,以及课本提及的相关知识点(如果你使用别的案例,请自行总结)。

这些只是题目中所需要使用的案例,并不是完整的答案。

不要只是把这些内容抄上去,请用自己的话说。

因为有些内容只是直接从书上抄下来的。

Case 1Question 1: Carlill v Carbolic Smoke Ball Co 1893 Facts: the Carbolic Smoke Ball Co made an advertisement that anyone who used “smoke ball” under a right manner for a specified ti me and then caught the flu would get a £100 paid.Carlill did the above things and Carbolic Smoke Ball Co refused to pay the £100.Judgment: the performance of the conditions(catching flu after using the smoke ball)was acceptance enough.Area of law from textbook: offers made to general public whereby the public only have to do something to accept.Question 2: Spellman v Spellman 1961 Facts: Spellmans are husband and wife.The husband purchased a car for his wife to save their marriage.However, after the car delivered to their home, the husband refused to transfer to his wife.Judgment: it was held that this was a purely domestic arrangement not intended to create any legal relations and accordingly the wife acquired no legal rights in the car.Area of law from textbook: a persona or socialobligation will not usually be classed as a Legal Obligation.Question 3: Brinkibon Ltd v Stahag Stahl 1983 Facts: Brinkibon Ltd, a London company, sent an acceptance to Stahag Stahl, an Australian based company in Vienna, via telex.The question at issue in this case is about where the contract was made.Judgment: instantaneous communication, the formation generally occurs in the place where the acceptance is made.Area of law from textbook: contract could be formed among parties in the place where the acceptance is made.(the Form of Acceptances)Question 4: Wolf & Wolf v Forfar Potato Co Ltd(1984)Facts: a Scottish Co offered to sell a quantity of potatoes to Dutch Co.Dutch Co called an acceptance with new conditions.The Scottish Co ignored this and were taken to court for breach of contract.Judgment: the court held that no contract was formed.The second telex sent by Dutch Co was a counter offer which makes the original offer invalid.Area of law from textbook: if the party made a count offer, the original offer had been cancelled.Case 2 Question 5: Smith v Sim 1954 Facts: Sim advertised his pub for sale.Smith relying on the statements concerning turnover supplied by Sim via his solicitors, bought the business for £21,600.Shortly after, Smith sued that Sim was guilty of fraud in falsely representing the turnover.This proves to be true.Judgment: the court held that it’s fraudulent misrepresentation.Smith can choose among rescind the contract, claim damages, or both rescind the contract and claim damages.Area of law from textbook: party who has relied on a fraudulent statement can claim damages as well as having the contract rescinded.Question 6 No cases applied.Question 7: Smith v Sim 1954(see Question 5)Question 8: No cases applied.Question 9: Anderson v Pringle of Scotland 1998Facts: Mr Anderson was a current employee of Pringle of Scotland, and the company is considering that employees would be selected for redundancy on the basis of "last in first out”.However, Mr Anderson thought thi s method was not fair.Judgment: having regard to the terms of the interdict sought, Mr Anderson had a prima facie case for intervention.That being so, there remained the question of the balance of convenience.The Court was satisfied that this favored maintaining the status quo, by granting the interim interdict.If it was not granted, Mr Anderson would have lost his job, whereas the company was not at any immediate risk of disaster.Area of law from textbook: the legal remedies applied to an innocent party who has suffered a breach of contract is considering by what the terms are in the contract and what damage this breach of contract bring to the innocent party.Question 10: James B Fraser & Co Ltd v Denny Mott & Dickson Ltd 1944 Facts: James B Fraser & Co Ltd, a timber merchant, would buy wood from Denny and lease a timber yard with the option to buy it or take a long lease on certain terms with Denny Mott & Dikson Ltd, in 1929.In 1939, there was a Control of Timber Order released and caused further transactions between the parties became impossible from the end of September, 1939.Judgement: the court considered this as a frustration.Area of law from textbook: there is no breach of contract if that failure is due to intervening circumstances which neither party has control over.This is known as a frustration.第二篇:HND 商法outcome2_我的总结Case 11.Can Samir spend only 150 pounds to buy the golf set? 首先 Samir本没有与Fairways公司就购买Matsumoto golf成立合同,假使他想要购买那套高尔夫球具,那么他必须支付1500英镑,这是因为橱窗展示的仅仅是一个要约要请,而不是要约。

HND 商法outcome 2----business law outcome 2 答案

HND 商法outcome 2----business law outcome 2 答案
Question 2
As Christine is a staff through the Marvellous Motors of Robert staff fraudulent statements before the establishment of this contract. Therefore, Christine as a false statement is not at fault and has been the innocent party could be argued that the contract is not valid. In this case, Smith v Chadwick [1884] can be cited to my opinion.
Question 3
Christine As a result of the fraudulent misrepresentation, so he may require the following legal remedies:
1 Rescission or cancellation of the contract.
2 Rescission or cancellation of the contract and an award of damages.
3 Retention of the contract and an award of damages.
If the parties made only a good faith innocent misrepresentation, then the other party can ask the rescission or cancellation of the contract, but it can not claim damages. In this case, Erlanger v New Sombrero Phosphate Co [1878] can be cited to my opinion.

HND 市场学 outcome2

HND 市场学 outcome2

1Marketing is defined as a process of planning and implementing ideas, products, price and services, promoting and distributing products, in order to meet customers’demand and make profits.The marketing concept consists of five import parts: production, product, selling, marking and societal marketing. It’s an outside-in approach, while the product philosophy is an inside-out approach. Although they have something in common—both of them aim at making benefits for the business, their focuses are different.To the marketing concept, organizations must try their best to know well the needs, desires and wants of their customers, for their principle is “customer is god”. What’more, they should more effectively integrate the marketing mix ,including product, place, promotion and price, than their competitors, so as to make their products and services better and better to satisfy these interests, then by promoting and advertising introduce goods to them, in returns consumers will be attracted to buy their goods to meet the interests of organizations.But product philosophy is most concerned about internal capacity, not customers. The definition of internal capacity is the ability to handle raw materials and the number of products that all permanent assets of the organization produce, which involves in the production in the planned period and in a given technical condition. To improve the internal capacity, produce goods of the highest quality at the lowest cost and make the largest profit is its purpose.2.The marketing mix includes four elements: product, price, promotion and place.The explanation of the product element of the marketing mix: in 1986 the range of products of Landed—a company of wooden toys aimed at the pre-school market, was greatly limited to wooden building bricks and jigsaws. Its products could only be sold to small toys shops. However, as the company developed, its range of products has quickly enlarged. But for its former products, it not on-ly added with dolls’houses and wooded train sets, but also brought in “Country Cousins” books and a new range of pre-school books. The enrichment and diversity of its range of products made this company bigger and bigger.The explanation of the price element of the marketing mix: a correct pricing policy, a reasonable price is very import in the market competition. For example, on the early 1990s, Landed was rapidly flourished, and the “Country Cousins”books were sold at a premium. But then in order to occupy the favorable position in the competition, the company had to reduce its high price to a competitive level. Now more and more competitors have attended to this market, so in order that it can ensure continued distribution, the company is setting about reducing the price lower.The explanation of the promotion element of the marketing mix: the promotion has many aspects, such as advertising, sales promotions, personal selling and direct marketing. The promotional team must come up with the best promotion policy. The “Country Cousins”books were not well sold by bookshops, so the company sold them to toy retailers.The explanation of the place element of the marketing mix: Landed met with a big opportunity and challenge—the Welsh language TV channel SC4 introduced an animated program describing an assortment of animal characters collectively known as the ‘Country Cousins’.Fortunately, the company won the contract to make a limited range of merchandise featuring the characters, and the popularity of the series, and it gave it a considerable sale. Then the TV proposed a national airing and national launch. In order to continue the patronage, Landed’s sales team decided to keep the friendly relationship with existing outlets. They concentrated at retailers and middlemen, connected with established clients for personal selling. Now they very value the advertisement among children.3..For a privately owned Sports Club, its elements of the marketing mix refer to the followings: product, price, promotion, place, people, process and physical evidence.First, the product of privately owned Sports Club is its service, which opposes to a common product. Services, unlike physical products, happen "on the spot" and customers like to know what to expect. The privately owned Sports Club offers service to customers, which is essentially intangible and does not result in ownership of anything. The Landed Toy Company products are goods.Second, price, as we know, price is one of the most flexible elements of the marketing mix. It will be affected by consumers, the trade and the competition. For example, if customers feel the price of the Sports Club is lower than others, most of them may choose this club, while the price of Landed Toys Company products changes with the situation they have in the market: set premium price (previous) ------cut the price (now) -----reducing price (future).Third, promotion is what a company say and do concerning products and services in order to persuade customers and markets to try them. The privately owned Sports Club not only uses advertising but communicates with customers to help them have a better understanding of the company. Landed Toys Company Landed did very little advertise at first, but now they use newspaper to promote its products originally.The next is place, which not only includes retail store, online shop but also the movement of goods. If you want to book the ticket of the club, you can buy in the club or online. Landed Toy Company sells its products through a number of intermediates, nowadays it carries out with the idea of mail order selling.Fifth, people are part of the offering service. If the customers are satisfied with your service, it may have a positive effect on the development of your company. Sixth, processes mean caring about the quality, reducing the queuing systems and service delivery to ensure consistency of service. At last, p hysical evidence is the “tangible” part of the service, like the facilities in the club.Different from a Landed company, which distributes its products to its customers,Sports Club always has to get its customers to come to it. Those who come to the sports club are pursuing high quality services, although its price is higher. Therefore, Sports Club usually has relatively affluent target market and local promotions meeting the local demands. In this way, it is principal for a sports club to choose a right location.4.The environment in which an organization exits can affect industry or the individual organizations. An internal environment is the systems of the company, the effectiveness of which to a great degree rests with its culture, including micro and macro environment, competition intermediaries, and suppliers stakeholders. A micro environment is all those factors which lie beyond the organization, and a successful organization is contributed by those in the microenvironment, for example, the company, the distributors, customers, competitors and public, however, the macro environment indicates the lager forces which affect the way in which an organization operates and over which the organization has little or no control. These can be known acronym PEST.With the changing environment, PEST is also changing: first, in the political aspect: as the international communication developing, it is not simply domestic politics which will have influence on marketing strategy. Second, economically, suppliers have become more and more, as a result, competition has become more and more fierce, this will influence costs, prices and demand. Third, changes and trends in the sociocultural environment bring forth significant challenges. People's basic beliefs, attitudes and values are shaped by the society in which they grow up. Forth, developments and breakthroughs in technology give birth to new products and sometimes new industries.Following factors may affect Landed: the declining birth rate, growing demand for more technological toys, increased affluence, growth in competition from larger competitors, growing dominance of larger retailers.For the sake of getting over these risks, altering marketing mix, the company introduced some new products to satisfy different market meets, drew into added value products at higher prices, developed higher profile promotions to compete with rivals, and used sales team to develop good relationship with retailers.。

hnd经济学导论outcome2【最新】

hnd经济学导论outcome2【最新】

Assessment task 2Assessment task instructions The UK economy is made up of millions of people and billions of economic activities. Within these activities, goods and services are created and exchanged. It can be complicated at times but a simple model explaining in general terms how an economy is organised and how those involved interact is a good start.Question 1 Draw a diagram showing the participants of the Circular Flow of Income and explain how it operates. The simple model is sufficient for a beginning, but an economy is more complex and involves external influences, which can raise or lower economic activity.Question 2 Identify three injections and three withdrawals from the Circular Flow of Income; give examples of each, and how they affect levels of economic activity. In the following table, there are examples of the growth rate of various countries over nine years Country United Kingdom United States Bulgaria Switzerland 1994 4.7 4.0 1.8 0.3 1995 2.9 2.7 2.1 0.6 1996 2.63.6 -9.4 0.3 1997 3.44.4 -5.6 1.7 1998 3.0 4.3 4.0 2.4 1999 2.14.1 2.3 1.6 2000 3.1 3.85.4 3.0 2001 1.9 0.3 4.0 1.3 2002 1.6 2.4 3.5 0.6Question 3 Choose any two of the following questions: (a)Explain at least three difficulties encountered in measuring the National Income of a country. (b) Explain (using at least three reasons) why it is difficult to compare the growth rates of the countries in the table above. (c) Explain how the multiplier effect could substantially raise the level of National Income. (d) Explain the difference between real and nominal growth using the table above.Assessment task 2 Outcome(s) covered 2 Suggested solution and making an assessment decisionQuestion 1 A circular flow diagram clearly identifying the following in their correct places: Firms: Households: Markets for factors of production: Land, labour, capital and wages, rent, profit and income. revenue spending Goods and services sold Goods and services bought Firms Households Production inputs Land, labour, capital Wages, rent, profit income (PPT 书P74)Question 2Injections: Investment Withdrawals: Savings Government spending Taxation Exports Imports Appropriate examples: Investments: New factory being built 【built a new private enterprise (grow)】Government spending: New hospital being built (not PFI or PPP)【built public schools (grow)】Exports: Firm wins order to supply new computers to foreign firm 【In cooperation with foreign sales (grow)】Savings: High interest rates result in more savings【a country saves too much of its income (decline)】Taxation: Imports: Government raise level of income tax 【government raise income tax (decline)】Record numbers of holidaymakers go on overseas holidays 【spending on foreign goods by more national】(PPT书P73)Question 3(a) Any three from the following: Errors/omissions from the data gathered,Black economy,Non-recorded items,eg DIY, housework, barter,Transfer income,Double counting.(b) Methods may change over time. Accuracy of figures,Inflation adjustments,Social conditions,Work conditions,Unequal distribution of income. Spending patterns eg defence.(c) Explanation of multiplier either in words or through use of algebra(书P199.200). Explanation should show that an initial injection to National Income results in a larger level of NI than the original injection. Propensity to save and consume.(d) An explanation of the difference between real and nominal growth, identifying that in real terms inflation is taken into account. In 1998 the growth rate is shown as 3%. If this figure is the nominal rate and inflation is measured at 3.1%, then there is no real growth in the economy. Any similar example will suffice.【GDP=Consumption +Capital investment spending +GeneralGovernment spending +Exports +Imports of Goods(Services) GNP=GDP+NPIA(Net property income from abroad) National Income=GNP-Capital Consumption Real Growth Rate=Nominal Growth Rate-Inflation Rate (Real Growth is the grow adjusted for inflation, Nominal Growth is the grow in the current value of money, Inflation Rate is measure of rate of change in price index)2000: 3.1-3.2=-0.1 no real growth 】附加工作总结一篇,不需要的朋友下载后可以编辑删除,谢谢安全生产监管执法工作方案5篇第一篇一、指导思想2014年,全区安全生产监管执法工作要以科学发展观为指导,全面贯彻落实《国务院关于进一步加强企业安全生产工作的通知》和《省政府关于进一步加强企业安全生产工作的意见》文件精神,进一步规范安全生产监管执法行为,落实行政执法责任制,提高依法行政水平,严厉打击安全生产领域的非法违法行为,及时消除事故隐患,促进全区安全生产形势进一步稳定好转。

HND市场营销报告outcome(可打印修改)

HND市场营销报告outcome(可打印修改)

Outcome10 If you need more report of HND, please come to Wonder(App.) to find me.1 Identify three key characteristics of the marketing concept.The first is to fully understand customer's needs and market, and formulate customer-oriented marketing strategy. Firstly, companies should investigate customers and markets, and then process market and customer information. These will determine the customers they want to serve, which means the target market and how they can better serve, which means their value orientation. When a company decides who they serve, it will find the target market by segmenting the market and targeting the level, time and nature of customer demand. Then they differentiated and found their place in the market.The second is to establish a complete market plan to provide customers with better value. We should pay attention to the following four aspects about how to provide better value for customers. First, the company designs products and services, such as product diversity, quality, brand name, packaging, etc., to bring strong brands to customers. In terms of price, companies need to create real value. In terms of promotion, the company can carry out advertising, personnel sales, price promotion and so on. There are many distribution channels and supply chains in the local area.The third is to establish profitable relationships with customers and maintain customer satisfaction. The toy company should establish a good and solid relationship with the selected customers in order to achieve continuous benefits. In managing partnerships, companies should also build strong relationships with their partners.2 Explain and give examples of key factors influencing the micro and macro environment of Day Dream Toys.In the micro environment, the factors that affect the company's customer service usually include the company, competitors, suppliers, customer markets, the public and marketing intermediaries. There are more than 1000 senior managers, financial personnel, purchasing personnel, R&D personnel, accountants, operators and so on. These organic and related combinations together form the internal environment. The whole company should cooperate with the marketing department and take the market as the leading factor. Just as the company has formulated a series of limited wooden toys for preschool education, this is the demand of their target customers. The whole company should understand and create value. For companies, their competitors are the other toymakers. Over the years, they have been always looking for their place. And they finally find their customer market is mainly dominated by kids. And they slowly expands their product portfolio and have the five-to-eight-year-old market.Suppliers play an important role in providing value to value customers. They will provide resources for the company's products and services.Distributors help companies sell their products to customers. This is a very important link. In this case, "daydream" can only be sold through small toy stores, so it has been trying to get large chains to store their goods. After buying their goods in a large department store, it turned out to be profitable and helped them go public.In the macro environment, it may be influenced by the larger factors which include demographic, economic, natural, technological, political, and cultural forces.Technological environment will bring companies both opportunities and challenges. If they fail to follow technological changes, they will let the chances of new products and marketing slip. Under the conditions of the continuous development of new digital technology, Daydream Company should also make corresponding adjustments. It can launch products that are more in line with the technical background to gain the attention of the public and obtain marketing opportunities. At the same time, Daydream can use more advanced digital media technology to promote their products and open the market.Environmental sustainability issues in the past thirty years of steady growth. The natural environment presents three major trends: some shortage of raw materials, pollution levels rise and the government intervention to increase the intensity of natural resource management. For Daydream, it should select green and recyclable materials for the selection of products. It can also cooperate with environmental protection agencies to launch a series of toys which has the images of protecting the earth’s resources, and add the promotional content of environmental protection knowledge to the product promotion. And the price can be priced based on the degree of deficiencies in the resources that the product represents.3 Explain why market research and the information gathered are important to an organisation like Day Dream Toys.Marketing research can be defined as the systematic design, collection, analysis, and reporting of data relevant to a special marketing situation facing an organization. Secondary research is divided into internal method and external method. The internal sources includes average order cost, sale history, distribution outlet, etc. The external sources includes the journals, government websites, libraries, newspapers, etc.Primary research, also known as research using primary sources, is the method which uses the direct data and resources. Primary research can also be further divided into qualitative and quantitative research.Through the market research, the research information can help Day Dream Toys stay in touch with customers’ changing attitudes and purchase patterns and in a timely to adjust to satisfy customers demand. It can assists Day Dream Toys in better understanding market opportunities and determines the feasibility of a particular marketing strategy. It can also help the Day Dream Toys in the development of marketing mixes and match the needs of customers. And it improves Day Dream Toys marketer’s ability to make decision. Market information is the effective way to improve Day Dream Toys benefit, and can also lower the risks.4 Explain how Day Dream Toys might collect and use market research information. Include one quantitative and one qualitative research technique in your response.The Day Dream Toys through the primary research and secondary research to obtain information, the method of primary research have qualitative and quantitative.Qualitative research concerns the gathering of information which can be interpreted in a number of ways. This type of research does not need a strict design plan before it begins. However, Qualitative research of a study using qualitative research is heavily involved in the process, which gives the researcher a subjective view of the study and its participants. When the Day Dream Toys has just founded, it can using the method of group discussions to collect information about new product development, because this method can produce more information, and usually not statistical-more opinions and individuals’ thought.Quantitative research allows the researcher to measure and analyze data. The relationship between an independent variable is studied in detail. Researcher is more objective about the findings of the research. But, the main disadvantage of quantitative research is the context of study or experiment is ignored. The main research techniques include experimental research and surveys. It can use the method of survey to collect information, preference on different kind of drinks.Day Dream Toys can through the telephone survey to obtain information, because this method is fast, low cost, high response rates, and wide range. Because the information is high value, Day Dream Toys can quickly know customer’s demand for toys, and formulate the corresponding strategy. Besides, Day Dream Toys can also know details by conducting questionnaire online.5 Explain the process of market segmentation and targeting, and the benefits of segmentation and targeting to Day Dream Toys.There are many types of customers and products in the market and the composition of demand, so customers in the market should be grouped according to various standards and methods, such as geography and population preference psychology, in order to provide services. This process is called market segmentation.The marketing department divides these into different groups, chooses the group that can bring them the greatest value, and then designs products and services for this group to meet their wishes and needs. This is the choice of the target market.Firstly, organizations should understand the basis of market segmentation, the similarities and differences of customer needs, and how to make better use of the limited resources of enterprises. Understand that people living in similar geographical location, cultural value and social background inevitably have the same or similar tendencies in some products, but different ages and individuals will bring different needs to everyone. Therefore, if an enterprise wants to stand out, it must make full use of all resources, find the most valuable target market and increase its competitive advantage.Market segmentation can be divided into the following steps. The first step of market segmentation is to select the market scope of products. On this basis, the corresponding market development strategy is formulated. The second step is to list the needs of potential customers. We can list the factors that affect customers' buying behavior and product market from the aspects of population, geography, psychology and so on. Thirdly, organizations should analyze the different needs of potential customers. The company can analyze and evaluate the demand variables of different potential customers by sampling survey method to understand the common needs of customers. The fourth step is to investigate the market and customers according to their own business conditions, and ultimately select valuable markets and formulate relevant effective marketing strategies.For example, by market segmentation, Day Dream Toys found its own market and established it as a pre-school education toy market. Initially, the product range is simple wooden toys, extending to spicy baby and wooden train suits, and then continue to expand to determine their own 5-8 year-old children's market. Because its clear market positioning provides a clear direction for the company's development, and is committed to safe, high-quality toys, in order to maintain a certain turnover, establish a safe, green, high-quality product image, customer satisfaction has been improved, market opportunities have been opened up. It is precisely because of thisclear market positioning that the company concentrates human and material resources to develop the "rural cousin series" and has achieved great success. There are three ways to determine the market target, namely, subdividing attraction, business strength and selecting subdividing market. Whether there are differentiated marketing, differentiated marketing and centralized marketing. Through differentiated marketing and centralized marketing to provide customers with daydream toys. They focus on making bears and other animals for children, making more than 40 different styles and types.Outcome 21 Explain marketing theory in relation to each of the 4Ps. Explain the factorsthat would influence each element of the Marketing Mix(4Ps) for Day Dream Toy Company.Marketing mix means the set of tactical marketing tools-product, price, place, and promotion-that the firm blends to produce the response to wants in the target market. The marketing mix consists of everything the firm can do to influence the demand for its product. The main purpose of marketing is to meet the needs of consumers.Products are anything that can be offered to the market to attract attention, acquire, use or consume, possibly meeting needs or needs. It includes objects, services, people, places, organizations and ideas. Product portfolio refers to all products that an organization provides to its customers. In this case the company originally produced a limited range of wooden toys for the market of preschool students. After the series of "Country Relatives" animated dramas aired, daydream toys company launched the series. Daydream toys, the only series of products, have good compatibility, consistency and continuity. Then, this series of products continued to expand to include wooden characters, lovely characters, wooden game houses and landscapes, a series of 30 "country relatives" storybooks and so on. In addition to the Country Cousins series, daydream toys also produce traditional wooden puzzles, wood brakes, wooden blocks and various other wooden toys for the pre-school market. However, the production of "own brand" products may lead to a reduction in demand for daytime dream brand products, so other alternatives to the company's product mix include the introduction of larger toys such as payment rooms, climbing frames and slides. To meet the changing needs of the market, the company launched a series of new pre-school books, such as Dolphin Dolly series, and developed a series of new self-study books.Pricing strategy mainly refers to the combination and application of controllable factors such as basic price, discount price, allowance, payment term, commercial credit, pricing methods and pricing techniques related to pricing. Reasonable pricing helps customers distinguish between products and competitive brands, and guides marketers to evaluate the importance of price to consumers. It is also a combination of product price and quality attributes. Common pricing methods include penetration pricing, competitive pricing, restrictive pricing, cost plus pricing, skimming pricing, etc. For example, the company used price skimming. They gained exclusive rights to produce "country cousins" dolls, so they set higher prices when the products just entered the market. But since then, there has been competition for similar products. In order to maintain sales, the company had to lower its price.Place mainly refers to the combination and application of controllable factors such as channel coverage, commodity circulation links, middlemen, network settings, storage and transportation. At first, the company no longer fantasized that it would not be accepted by any large chain store, but began to play with the idea of mail-order sales. But it didn't succeed. As business continues to expand, daydream acquired a plush doll manufacturer. Distribution channel is one of the four elements of marketing mix. Distribution is a process in which consumers or business users use or consume products or services, using direct or indirect means through intermediaries. There are three types of distribution agencies - wholesalers, retailers and sales agents. Daydream Toys Co., Ltd. works with retailers and toy companies to show products to potential buyers, negotiate prices, and complete sales and after-sales services.Promotion refers to the activity of conveying the advantages of the product and persuading the target customers to buy the product. The main marketing methodsinclude advertising, promotion, public relations, personal sales, direct and digital marketing. For example, daydream company put forward the idea of mail-order sales, through newspaper mail-order sales to a certain extent to promote its safe, green, high-quality brand, which belongs to direct and digital marketing. But it has not achieved good results. So they began to adopt the method of advertising and publicity. The cooperation with rural cousins was based on the popularity of rural cousins animation. They began to cooperate with rural cousins. Animation plays are equivalent to advertising their toys. Salesmen also maintain good relations with their retailers. They will be promoted in time to ensure continued sponsorship.2 Explain the importance of the following in the marketing of services:(a) Process(b) People(c) Physical evidenceProcess means focusing on quality and quality control needed to ensure service consistency. This is a key factor in the marketing mix. Service is different from physical products, and takes place "on the spot". Customers like to know what will happen. Examples include the process of reducing waiting for system and service delivery. So there must be a leader in health and Beauty Spa. Therefore, process is very important in marketing strategy.People play an important role in providing services. Customer satisfaction is intrinsically linked to service providers. Everyone is directly or indirectly involved in the consumption process. For example, health and beauty SPA has stimulated the enthusiasm of employees to meet the needs of customers. If the customer is satisfiedwith your service, it may have a positive impact on the development of your company. For health and beauty SPA, the assistant's attitude may affect the customer. Therefore, people are very important in marketing strategy.Physical evidence is a tangible part of marketing service and can be seen and touched objectively. It resembles the luxurious and comfortable interior decoration of a health salon, including tables, chairs, beds, lamps, containers, tableware, wall materials, uniforms worn by the staff and so on. These gorgeous decorations will bring excellent experience and enjoyment to customers, making them feel that the store has brought them more brand and product value, and they are more willing to establish a good and solid relationship with it.3 Explain how Day Dream Toys might adapt their marketing max in response to three changing market conditions.When conducting market research, it is more convenient to obtain all kinds of information from all over the world and establish customer database. They can use more accurate and effective analysis tools to analyze the data they get. Then, managers will make more accurate decisions, so as to make their own precise target market. At the same time, the company uses the Internet media, which spreads very fast, to promote its products and to put its advertisements on the website through a lot of clicks. We should also use the convenient network for online sales, so as to realize the direct transfer from manufacturers to consumers. Cultural changes also have an impact on the company. So, Day Dream Toys can launch products with local cultural characteristics according to different regional cultures. In terms of promotion, it can add the introduction of the inspirational cultural source and local cultural characteristics of the product, which will be attractive.A country's economic decline means that every citizen will have less disposable capital. At the times of economic recession, daydream toys must reduce their production and change their pricing strategy to lower prices. When the economy is booming, daydream toys should increase production and change their pricing strategy to higher prices.。

HND 市场学导论 Outcome2

HND 市场学导论 Outcome2

HNDDefine the term marketing, and explain the marketing concept. Compare and contrast the marketing concept with the ‘product philosophy’.The definition of Marketing is 'Selling goods that don't come back to customers who do - at a profit which satisfies shareholders - using means which satisfy other stakeholdersThere are five recognized orientation to business which are called marketing concepts, they are1.Production,2.Product,3.Selling4.Marketing5.Societal Marketing.The marketing concept can be described as outside-in approach and others can be described as inside-out approach. Firstly, we should go out to do market research and finds out what the customers’ needs and wants are, and then we research and develop new products in order to satisfy the customers, whilst we offer the right marketing mix of product, place, price and promotion, the customers get satisfied eventually. The organization should offer a set of satisfying product in acceptable price to customers accompanying popularization activities. Then, through marketing concept to motivate customers buy goods.Organization with this view of business recognize that key to success lies in finding out who its customers are and what they want, then finding a profitable way of satisfying those wants more successfully than their competitors.页脚内容1The marketing concept encourages organization to focus on the market, be orientated to the customer, co-ordinate all the business functions to serve the identified needs of the customer and therefore produce profits.Compare and contrast to the marketing concept with the ‘product philosophy’.The marketing concept aimed at what marketers should do in marketing and customer needs, wants and demands. About the marketing concept, it is a method that focusing on promotion. We will advertise through media and choose locations to do promotion in order to excite customers’ purchase desire, besides that, the skilful salespersons should be employed, and then sale the products to consumers through using aggressive selling techniques.The product philosophy is talking about the customers’ favor product which should be designed and produced by focusing on the highest quality and technologically advanced features instead of the needs. We must reduce the costs of products and let them be available ubiquitously, anytime and in large volumes.2. Identify the elements of the marketing mix and explain each element in terms of the organization in the case study. Your answer must include an explanation of the product life cycle and yo u should match the organization’s main ranges of products to their positions on the product life cycle.Marketing mix1.Product2.Price3.Place页脚内容24.PromotionCase studyProductndel in 1986 — produced a limited range of wooden toys aimed at the pre-school market.2.Its range of products was originally limited to wooden building bricks, simple wooden jigsaws and alimited selection of wooden animals.3.As the company became more established, the product range was expanded to include dolls’ houses andwooden train sets.4.In the early days the company sold through small, independent toys shops, and it slowly expanded itsproduct portfolio to include a range for the 5–8 year old market.5.At the same time, the company also introduced ‘Country Cousins’ books and to this end, i t acquired an ailingpublishing company in Exeter.6.The range currently includes wooden figures, cuddly figures, wooden play houses and scenery, a series ofthirty ‘Country Cousins’ story books, a ‘Country Cousins’ Annual which has been produced each year s ince 1986, ‘Country Cousins’ stationery, pencil cases, note pads, cards etc, and ‘Country Cousins’ toiletries, including soap, shampoos, sponges, bath salts etc.7.In addition to the ‘Country Cousins’ range, Landel still produces its traditional wooden jigsa ws, woodenanimals, wooden building blocks and various other wooden toys aimed at the pre-school market.8.Has now been adapted to produce a range of more than forty different styles and types of bears and othercreatures. Many of these are ‘own label’ produ cts for Toys stores.页脚内容39.Other alterations to the product mix include the introduction of larger toys such as play houses, climbingframes and slides.10. A new series of pre-school books has been produced, including a range called ‘Dolly the Dolphin’ for whichthe company has high expectations.11. A new range of self-reading books has also been developed.Price1.Along with the decline in demand, the company has had to change its pricing policies. During the boomperiod of the early 1990s, the price of the ‘Country Cousins’ range was set at a premium, but in order to maintain sales, the company was forced to reduce price to a much more competitive level.2.On occasions this patronage has been hard won, and in recent years has involved more and moreprice-cutting to ensure that the existing stores continue to stock Landel’s range.ndel is selling to the middlemen at a considerably reduced pricePlace1.Disenchanted by its inability to become accepted by any of the larger chains, the company toyed with theidea of mail order selling.2.The books were sold principally through toy shops and department stores as part of the overall ‘CountryCousins’ package, and by concentrating on its established toy retailers rather than bookshopsPromotion1. A catalogue was produced and distributed through some of the leading Sunday newspapers,页脚内容42.The company’s big break, however, came when the Welsh language TV channel SC4 introduced an animated series featuring an assortment of animal characters collectively known as the ‘Country Cousins’. Against fierce competition, Landel won the contract to make a limited range of merchandise featuring the characters, and the popularity of the series resulted in sales which were way beyond Landel’s most optimistic expectations.3.Following the success of ‘Country Cousins’, ITV decided to give the series national airing, and in the lead up to the national launch,4.The company’s 30-strong sales team has been charged with the responsibility of maintaining good relations with existing outlets to ensure their continued patronage.5.In addition to this publicity, the company’s promotional effort had been principally aimed at retailers and other middlemen, and this had primarily involved personal selling through the sales team making regular visits to established clients. And in recent years this has been supplemented by advertising in children’s comics and magazines, and by a limited amount of advertising on Children’s TV, particularly in the run up to Christmas each year.Development: with the help of market research new products are designed. This is the most risky and页脚内容5expensive stage where the costs of research and technical development are incurred but not sales revenue is being earned.The ‘Country Cousins’ series toys were product at beginning. The price has a peak in late 1980s. It bring foothold for the company in the market.Introduction: once it has been developed, the product is advertised and brought to market for sale. Profits may be low since development costs have to be recovered.The sale of ‘Country Cousins’ were decreased. So the company put out series other products about it. ‘Country Cousins’ stationery, pencil cases, note pads, cards etc, and ‘Country Cousins’ toiletries, including soap, shampoos, sponges, bath salts etc.Growth: if the product is successful sales and the profit contribution will increase rapidly but competitors may well be attracted into the marketplace.Maturity: once established in a market the sales of a product do not grow rapidly. Competition is now fierce and profit level off as a result.Saturation: in times sales stop increasing, leading to……Decline: eventually competition and other new products are likely to result in falling sakes and profits. If this continues, the product may be withdrawn form the market.The ‘Country Cousins’ was dropped by ITV; the Landel Toys Company has had to change it pricing policies to save these programmers.3 Explain each element of the marketing mix for a privately owned Sports Club, or Health and Beauty Spa, and describe how each element will differ from that of the organization in the case study.页脚内容6ProductPrice1PromotionPlacePeopleProcessPhysical EvidenceThe elements of marketing mix for a privately owned service firm can include the followings: price, place, promotion, product, people, process, physical evidence. The elements of marketing mix for the organization in the case study should include only 4P.For example, Hainan airline.For the South airline of China,The product is service of transportation. Service is the activity or benefit that one party can offer to another which is essentially intangible and does not result in ownership of anything. The South airline of China offers the transportation and service in traveling.The Landel Toy Company products are goods.Price is one of the most flexible elements of the marketing mix. Pricing is a very comparative business; it will be页脚内容7affected by consumers, the trade and the competition. For example, if customers feel the ticket price of South airline of China is lower than others; most of them may choose this airline.Landel Toys Company products price change belongs to the situation they have in the market. At the products stay in development, the price will highest. When the products price near by decline, the company needs to cut down their product price to maintain their situation in market.Promotion is concerned with communication information concerning products and services and trying to persuade customers and markets to try them. South airline of China not only uses advertising but communicates with passengers to help them have a better understanding of the company.Landel Toys Company uses newspaper to promote its products originally. When it product the ‘Country Cousins’ they use the TV program to introduce its products to the public.The next is place, which not only includes retail store, online shop but also the movement of goods. If you want to book the ticket of South airline of China, you can buy online or flight ticket selling.Landel Toy Company toyed with the idea of mail order selling.People play an important role in offering service; the customers’ satisfaction is intrinsically linked to the service provider. For the airline, the flight assistant’s attitude may have an effect on the customers.Processes involve looking at the quality controls that need to be in place to ensure consistency of service. Services, unlike physical products, happen "on the spot" and customers like to know what to expect. Examples include页脚内容8processes to reduce the queuing systems and service delivery. So there must be a leader during the flight. Physical evidence is the “tangible” part of the service, like the décor inside the plane.For the South airline of China, the product is service of transportation. Service is the activity or benefit that one party can offer to another which is essentially intangible and does not result in ownership of anything. The South airline of China offers the transportation and service in traveling. Price is one of the most flexible elements of the marketing mix. Pricing is a very comparative business; it will be affected by consumers, the trade and the competition. For example, if customers feel the ticket price of South airline of China is lower than others; most of them may choose this airline. Promotion is concerned with communication information concerning products and services and trying to persuade customers and markets to try them. South airline of China not only uses advertising but communicates with passengers to help them have a better understanding of the company. the next is price, which not only includes retail store, online shop but also the movement of goods. If you want to book the ticket of South airline of China, you can buy online or flight ticket selling.The differences between 4Ps and 7Ps are as follows. People play an important role in offering service; the customers’ satisfaction is intrinsically linked to the service provider. For the airline, the flight assistant’s attitude may have an effect on the customers. Processes involve looking at the quality controls that need to be in place to ensure consistency of service. So there must be a leader during the flight. Physical evidence is the “tangible” part of the service, like the décor inside the plane.4. Describe at least three possible changes which could occur in the business environment, and explain how the organization in the case study might alter its marketing mix in anticipation of, or in response to these changes. Organizations exist with an environment which can influence the industry or the individual organizations. An页脚内容9internal environment is in the company which is generally called systems, the effectiveness of which largely depends on the corporate culture of the organization. And there is a micro environment that comprises all those factors which lie outside the organization boundaries. The success of an organization is affected directly by those in the microenvironment, namely the company, the distributors, customers, competitors and public. And the macro environment consists of the lager forces which affect the way in which an organization operates and over which the organization has little or no control. These can be known as the acronym PEST. PEST standing for: Political/Legal: it is not simply domestic politics which will impact on marketing strategy. Economic: some of the factors of potentially major concern to marketing management because they, in turn, influence costs, prices and demand. Sociocultural (including demographics): Changes and trends in the sociocultural environment present significant challenges. People's basic beliefs, attitudes and values are shaped by the society in which they grow up. Technological: Developments and breakthroughs in technology are the basis for new products and sometimes new industries. It is also affects how a business will run.Factors which may affect Landle: the declining birth rate, growing demand for more technological toys, increased affluence, growth in competition from larger competitors, growing dominance of larger retailers.The company introduced new range of products for aimed at alternative market segments, produce high-Tec versions of existing products, introduce added value products at higher prices, develops higher profile promotions to compete with rivals, use sales team to develop relations with retailers.组织存在的环境,能够影响的行业或个别组织。

HND商法导论Outcome2_案例+答案

HND商法导论Outcome2_案例+答案

Case study 1Samir sees a set of golf clubs displayed in a shop window for £500. He enters the shop and states he will take the clubs. The shopkeeper however says the clubs are no longer for sale. Samir is demanding that he be sold the clubs and at the price displayed.Identify the essential requirements of a contract and discuss whether a contract exists here.A contract is an agreement between parties having the capacity to make it, in the form demanded by the law, to perform, on one side or both, acts which are not trifling, indeterminate, impossible or illegal, creating an obligation enforceable in a court of law. A valid contract has three essential features: there must be a agreement on all material aspects; at least two contracting parties and legal obligations.A contract consists of an offer and an acceptance. If there is no offer in the first place then there can be no contract. The basic elements of a contract include an offer and an acceptance.In the case Samir sees a set of golf clubs displayed in a shop window for £500. He enters the shop and states he will take the clubs. But shopkeeper says the clubs are no longer for sale. Samir is demanding that he be sold the clubs and at the price displayed.According to this case we can say that these is not exist a contract. In the case that a set of golf clubs are exhibited in a shop window, thus it is not an offer. Because the goods displayed in a shop window as a invitation to treat, we can know that goods displayed in a shop window (even when priced) are classed as a willingness to negotiate on the shops part. Invitations to treat also is considered to inquiry the price of goods, means a party to invite the other person to make offers. Different an offer, a willingness to negotiate only as prepared to make a contract of behavior on the issue who is not legally binding. The customer will make the offer to buy the goods which the shop are perfectly within their rights to refuse. The invitations to treat are not legally classed as offers and therefore cannot be accepted.Before the party who gave off the invitations to treat could not accept the other people’s offers they can revocation, and then the contract is not build. When Samir asked to buy the golf clubs the shopkeeper refused hin, and there was no acceptance. So when the shopkeeper refused Samir which is a set of golf clubs are not the good for sale, it just be used as ornament, and attracted the consumers interested. So an offer in this case is not found, either nor acceptance.A contract consists of an offer and an acceptance, we can know that there is on offer and there is on contract.Case study 2Tom is the top salesman for ABC Motors. He has been offered a job by a rivalcompany but is concerned because there is a clause in his contract which prevents him from working for any other car company for five years.Tom is the top salesman because he regularly tells potential customers what they like to hear rather than the facts. He has done this in relation to ages of vehicles, odometer readings and vehicle service histories.Tom recently completed a deal to buy a vintage sports car for ABC Motors from Barry.ABC now discover that Barry (not his real name) had stolen the vehicle. Question 1What is a restrictive covenant? Advise Tom as to the legality of the clause in his contract.You can refer to Bluebell Apparel Ltd v Dickinson (1980) on page 146Question 2How would you classify Tom’s statements to the customers and what are the possible consequences for Tom and ABC motors in relation to these statements?You can refer to Smith v Sim(1954) on page 161Question 3What is the legal position with regard to the vehicle which Tom has purchased from Barry?You can refer to Morrison v Robertson(1908) on page 1531 Restrictive covenant is a agreement which restrict the party liberty to work and trade. Such contracts are VOID unless the restriction can be shown to be reasonable to both parties involved and to the general public. There are three types of restrictive covenants: contracts between employer and employee, contracts between sellers and purchaser of a business and ‘solus’agreements. For all three types, the party attempting to enforce the agreement must prove that it is reasonable to both parties concerned and to the general public. If they are unable to do this then the contract will be considered void and unenforceable. (from the text bookP142-142) This contract are legality, and the restriction was fair in this contract. Because the relationship of Tom and ABC motor is employer and employee, when enter employment and employee may agree to some restriction being placed on his future employment or trade. Later the employee may feel the restriction is unfair and therefore he may break it. In such circumstances it would be up to the employer take him to court and seek an ‘interdict’ forbidding the employee to break the agreement. They will consider the factor the nature of the job the employee was doing(from the text book P142). If Tom worked for any other company within the validity period of the contract that he would be in a position to harm his ex employers.2 The 4 main causes of error are: innocent misrepresentation, fraudulent misrepresentation, negligent misrepresentation and concealment of facts. And Tom’s statements to customers classify fraudulent misrepresentation,A false and material statement which induces a party to enter into a contract this is misrepresentation. Because he regularly tells potential customers what they like to hear rather than the facts and him without caring whether it is true or false. Fraudulent misrepresentation can lead a contract being made void if it involved these points,first is fraudulent misrepresentation causes error in the substantials. Second is the other party relied on the misrepresentation and it was a major influence on them entering the contract, third is the other party can offer restitutio in integrum. So the contracts between Tom and customers is void, he relied on the misrepresentation and it was a major influence on them entering the contract, thus customers can acquire compensation. Or cancel the contract or both of them.3 Tom brought a car from Barry,but Tom discovered that Barry had stolen the vehicle. And in this contract has a error which made the contract void, the Barry stolen the car but Tom did not know before him brought, so he can not get the car’s ownership. An error concerning the identity of the parties. Barry stolen the car so he haven’t ownership of this car and sold car, therefore, he can not give ownership to Tom, and Tom does not get the car’ ownership actually. And in this case Tom can only lodge a claim to Barry.Case study 3Martina recently attended an auction for the first time. She was very keen(渴望的) on a particular painting and when the bidding commenced(开始)she got so carried away that she bid much more than she intended. Martina won the auction but with fees(费用)and commissions(佣金)added on to the price, she cannot pay the full amount for the painting.Question 1What do you understand by the term ‘breach of contract’? Give two examples. Question 2List the main remedies available for breach of contract.Question 3What is the most appropriate remedy for the auctioneer(拍卖商)in this case?1、Where one party fails to fulfil his or her legal obligation under a contract.(from the text book P183)example1Tony and Jane have a contract where Tony will pay June $100 for her car and delivery. Tony pays the $100 but Jane fails to delivery.(from the text book P197)In this case study there has been a Breach of Contract by Jane as she has failed to delivery the car.Example2Shirley and Oliva have a contract where Shirley brought a cake from Oliva for her friend and asked Oliva sent the cake to her friend on 12th December 2012 , but on that day her friend did not receive the cake.In this case study there has been a breach od contract by Oliva as she failed to sent the cake.2、If there is a breach of contract then the innocent party will have the right to seek a remedy for the breach.(from the text book P184)Damages as a remedy for breach of contract. The object of awarding damages to someone is to place them in the position they would have been in had the contract been completed.So damages are really awarded as compensation- if the party has actually lost money as a result of the breach then he will be awarded ‘substantial’ or ‘compensatory’ damages.In some cases no actually loss may have been incurred as a result of the breach. If is still possible that damages may be awarded for trouble and inconvenience-these are know as ‘nominal’damages.(from the text book P185)Specific implement as a remedy for breach of contractSpecific implement is to stop someone for acting in breach of contract. So specific implement may be positive---forcing someone who has been in breach to fulfil their obligations or negative ---forcing someone who has been in breach to stop doing something. (from the text book P191-192)Rescission as remedy for breach of contract.Rescission means cancellation . With this remedy, the innocent party has the right to rescind(cancel) the contract if the other party has been guilty of a material breach of contract.The main factor to be considered is what is meant by a material of contract. If the breach is not material but only partial then the right of rescission does not exist.Many contracts contains a number of conditions, some of which are more important than others. If the contract specifically states that some are material then breach of these will mean that rescission can be taken as a remedy.(from the text book P193-194)The Defensive Remedies for breach od contractThere are two defensive remedies that can be taken by the party who is not in breach.①Lien:If a person has possession(占有) of an article(物品) on which he has been employed to do work then he can refuse to return the article to its owner until payment is made for the work done. Example of situations where lien could be used as a remedy for breach of contract include:②Retention:This is the right to refuse to pay a debt which is due(到期的).Retention can only be used under the following two circumstances:ⅰwhere compensation can be pleaded.(债权确定、到期)ⅱwhere both claims arise under the same contract.P195-197What is the most appropriate remedy for the auctioneer(拍卖商)in this case?3、in this case the defensive remedies in the most appropriate method for the auctioneer. The defensive remedies include lien and retention, the auctioneer should take lien measure. If a person has possession of an article on which he has been employed to do work then he can refuse to return the article to its owner until payment is made for the work done.As a result of Martina won the auction but with fees and commissions added on to the price, she cannot pay the full amount for the painting, the auctioneer can keep the painting until Martina paid off the rest of money.。

精选-HND商法导论Outcome2 案例+答案

精选-HND商法导论Outcome2 案例+答案

Case study 1Samir sees a set of golf clubs displayed in a shop window for £500. He enters the shop and states he will take the clubs. The shopkeeper however says the clubs are no longer for sale. Samir is demanding that he be sold the clubs and at the price displayed.Identify the essential requirements of a contract and discuss whether a contract exists here.A contract is an agreement between parties having the capacity to make it, in the form demanded by the law, to perform, on one side or both, acts which are not trifling, indeterminate, impossible or illegal, creating an obligation enforceable in a court of law. A valid contract has three essential features: there must be a agreement on all material aspects; at least two contracting parties and legal obligations.A contract consists of an offer and an acceptance. If there is no offer in the first place then there can be no contract. The basic elements of a contract include an offer and an acceptance.In the case Samir sees a set of golf clubs displayed in a shop window for £500. He enters the shop and states he will take the clubs. But shopkeeper says the clubs are no longer for sale. Samir is demanding that he be sold the clubs and at the price displayed.According to this case we can say that these is not exist a contract. In the case that a set of golf clubs are exhibited in a shop window, thus it is not an offer. Because the goods displayed in a shop window as a invitation to treat, we can know that goods displayed in a shop window (even when priced) are classed as a willingness to negotiate on the shops part. Invitations to treat also is considered to inquiry the price of goods, means a party to invite the other person to make offers. Different an offer, a willingness to negotiate only as prepared to make a contract of behavior on the issue who is not legally binding. The customer will make the offer to buy the goods which the shop are perfectly within their rights to refuse. The invitations to treat are not legally classed as offers and therefore cannot be accepted.Before the party who gave off the invitations to treat could not accept the other people’s offers they can revocation, and then the contract is not build. When Samir asked to buy the golf clubs the shopkeeper refused hin, and there was no acceptance. So when the shopkeeper refused Samir which is a set of golf clubs are not the good for sale, it just be used as ornament, and attracted the consumers interested. So an offer in this case is not found, either nor acceptance.A contract consists of an offer and an acceptance, we can know that there is on offer and there is on contract.Case study 2Tom is the top salesman for ABC Motors. He has been offered a job by a rival company but is concerned because there is a clause in his contract which prevents him from working for any other car company for five years. Tom is the top salesman because he regularly tells potential customers what they like to hear rather than the facts. He has done this in relation to ages of vehicles, odometer readings and vehicle service histories. Tom recently completed a deal to buy a vintage sports car for ABC Motors from Barry.ABC now discover that Barry (not his real name) had stolen the vehicle.Question 1What is a restrictive covenant? Advise Tom as to the legality of the clause in his contract.You can refer to Bluebell Apparel Ltd v Dickinson (1980) on page 146Question 2How would you classify Tom’s statements to the customers and what are the possible consequences for Tom and ABC motors in relation to these statements?You can refer to Smith v Sim(1954) on page 161Question 3What is the legal position with regard to the vehicle which Tom has purchased from Barry?You can refer to Morrison v Robertson(1908) on page 1531 Restrictive covenant is a agreement which restrict the party liberty to work and trade. Such contracts are VOID unless the restriction can be shown to be reasonable to both parties involved and to the general public. There are three types of restrictive covenants: contracts between employer and employee, contracts between sellers and purchaser of a business and ‘solus’ agreements. For all three types, the party attempting to enforce the agreement must prove that it is reasonable to both parties concerned and to the general public. If they are unable to do this then the contract will be considered void and unenforceable. (from the text bookP142-142) This contract are legality, and the restriction was fair inthis contract. Because the relationship of Tom and ABC motor is employer and employee, when enter employment and employee may agree to some restriction being placed on his future employment or trade. Later the employee may feel the restriction is unfair and therefore he may break it. In such circumstances it would be up to the employer take him to court and seek an‘interdict’ forbidding the employee to break the agreement. They will consider the factor the nature of the job the employee was doing(from the text book P142). If Tom worked for any other company within the validity period of the contract that he would be in a position to harm his ex employers.2 The 4 main causes of error are: innocent misrepresentation, fraudulent misrepresentation, negligent misrepresentation and concealment of facts. And Tom’s statements to customers classify fraudulent misrepresentation,A false and material statement which induces a party to enter into a contract this is misrepresentation. Because he regularly tells potential customers what they like to hear rather than the facts and him without caring whether it is true or false. Fraudulent misrepresentation can lead a contract being made void if it involved these points,first is fraudulent misrepresentation causes error in the substantials. Second is the other party relied on the misrepresentation and it was a major influence on them entering the contract, third is the other party can offer restitutio in integrum. So the contracts between Tom and customers is void, he relied on the misrepresentation and it was a major influence on them entering the contract, thus customers can acquire compensation. Or cancel the contract or both of them.3 Tom brought a car from Barry,but Tom discovered that Barry had stolen the vehicle. And in this contract has a error which made the contract void, the Barry stolen the car but Tom did not know before him brought, so he can not get the car’s ownership. An error concerning the identity of the parties. Barry stolen the car so he haven’t ownership of this car and sold car, therefore, he can not give ownership to Tom, and Tom does not get the car’ ownership actually. And in this case Tom can only lodge a claim to Barry.Case study 3Martina recently attended an auction for the first time. She was very keen(渴望的) on a particular painting and when the bidding commenced (开始) she got so carried away that she bid much more than she intended. Martina won the auction but with fees(费用) and commissions(佣金)added on to the price, she cannot pay the full amount for the painting. Question 1What do you understand by the term ‘breach of contract’? Give two examples.Question 2List the main remedies available for breach of contract.Question 3What is the most appropriate remedy for the auctioneer(拍卖商) in this case?1、Where one party fails to fulfil his or her legal obligation under a contract.(from the text book P183)example1Tony and Jane have a contract where Tony will pay June $100 for her car and delivery. Tony pays the $100 but Jane fails to delivery.(from the text book P197)In this case study there has been a Breach of Contract by Jane as she has failed to delivery the car.Example2Shirley and Oliva have a contract where Shirley brought a cake from Oliva for her friend and asked Oliva sent the cake to her friend on 12th December 2012 , but on that day her friend did not receive the cake.In this case study there has been a breach od contract by Oliva as she failed to sent the cake.2、If there is a breach of contract then the innocent party will have the right to seek a remedy for the breach.(from the text book P184)Damages as a remedy for breach of contract. The object of awarding damages to someone is to place them in the position they would have been in had the contract been completed.So damages are really awarded as compensation- if the party has actually lost money as a result of the breach then he will be awarded ‘substantial’or ‘compensatory’damages.In some cases no actually loss may have been incurred as a result of the breach. If is still possible that damages may be awarded for trouble and inconvenience-these are know as ‘nominal’ damages.(from the text book P185)Specific implement as a remedy for breach of contractSpecific implement is to stop someone for acting in breach of contract. So specific implement may be positive---forcing someone who has been in breach to fulfil their obligations or negative ---forcing someone who has been in breach to stop doing something. (from the text book P191-192)Rescission as remedy for breach of contract.Rescission means cancellation . With this remedy, the innocent party has the rightto rescind(cancel) the contract if the other party has been guilty of a material breach of contract.The main factor to be considered is what is meant by a material of contract. If the breach is not material but only partial then the right of rescission does not exist.Many contracts contains a number of conditions, some of which are more important than others.If the contract specifically states that some are material then breach of these will mean that rescission can be taken as a remedy.(from the text book P193-194)The Defensive Remedies for breach od contractThere are two defensive remedies that can be taken by the party who is not in breach.①Lien:If a person has possession(占有) of an article(物品) on which he has been employed to do work then he can refuse to return the article to its owner until payment is made for the work done.Example of situations where lien could be used as a remedy for breach of contract include:②Retention:This is the right to refuse to pay a debt which is due(到期的).Retention can only be used under the following two circumstances:ⅰwhere compensation can be pleaded.(债权确定、到期)ⅱwhere both claims arise under the same contract.P195-197What is the most appropriate remedy for the auctioneer(拍卖商) in this case? 3、in this case the defensive remedies in the most appropriate method for the auctioneer. The defensive remedies include lien and retention, the auctioneer should take lien measure. If a person has possession of an article on which he has been employed to do work then he can refuse to return the article to its owner until payment is made for the work done.As a result of Martina won the auction but with fees and commissions added on to the price, she cannot pay the full amount for the painting, the auctioneer can keep the painting until Martina paid off the rest of money.(注:专业文档是经验性极强的领域,无法思考和涵盖全面,素材和资料部分来自网络,供参考。

HND市场学导论outcome

HND市场学导论outcome

- - - Marketing: An IntroductionContentsIntroduction1Marketing concept1Pay attention to market research1Corporate Profit1Pay attention to the marketing plan2Marketing Orientation and Customer Relationship Management2After Service2The marketing environment2Types of Marketing Environment3Marketing Research&Information:4 Find out enterprise’s problems and mistakes4Market Segmentation4Opponents of information4Marketing plan4Market research and information Introduction4Quantitative&Qualitative Research5 Qualitative Research5In-depth interviews5Quantitative research6Face-to-Face surveys:6Segmentation & targeting6Research information6Market segmentation6Benefits of Market S&T7Conclusion7Reference7IntroductionThis report is writes for the Trusty-Land Food pany. The report consists of 5 point that includes the marketing environment segmentation and targeting, the market research and information and marketing conception. Making a final and review summary in the end.FindingsMarketing conceptPay attention to market researchThe organization researches the local environment that can help pany to make market segmentation. Finally, the organization can meet customer’s demand.Corporate ProfitThe organization uses advanced technology or policy to improve the product in market. The organization enhances the market shares that will increasecorporate profit.Pay attention to the marketing planThe organization pays attention to the customer’s demand petitions plan and own enterprise conditions. The marketing plan can ensure customer growth and growth enter pany’s profit.Marketing Orientation and Customer Relationship ManagementThe organization is gives priority to the customer’s demand. The organization municate and cooperate with customers that can help organization to take long-term benefits with customers.After ServiceThe organization reasonable to meets customer’s requirements. The organization mast timely and effective to deal with customer’s problem. Eventually the organization make customer satisfaction.The marketing environmentMicroenvironment: The pany met the specific conditions in the business environment and e*plores the relevance economic reasoning to managerial decision-making. The ‘Trusty-Land Food’formed a sales to large grocery chains. The large grocery chains includes Seven Eleven. But Seven Eleven wanted supplies under their name on Trusty-Land Food’s products, so the Seven Eleven bee a petition. It affects the reputation of our products,costumer always pay great attention to packing. Trusty-Land–Food’s logo represent a big part and Seven Eleven’s logo represent a small part. In 2009, the "HealthMeat〞 is imperative for panies to increase their focus on retaining e*isting customers and attracting new ones. Bring the benefits to pany from new ones. The panies adhere to innovation. Wide range of goods will attract more customers that can move the pany forward. Macroenvironment:The bird flu and the mad cow scare appeared in 2005 and 2006 that decreased the customer’s demand. The bird flu and the mad cow scare appeared that made the pany lose great profits. Security checks in the supplier have bee stricter to help the bird flu and mad cow scare disappeared. The mass media should be propagandas food Trusty-Land Food pany’s products safety that can maintains sales.The new dietary guidelines had been proposed by government is reduce consumption by red meat and processed meat. The new dietary guidelines effect the pany’s red meat and processed meat’s sales. Responding to government’s policy, the pany reduce products of the red meat and processed meat and production more products of write meat. Responding the government’s policy can make the product sales to rise.Types of Marketing EnvironmentAccording to Philip Kotler in his book Principles of Marketing (4th European Edition), the marketing environment consists of all the actors and forces that affect the marketing management’s ability to develop and maintain successful relationships with its target customers. According to Gary Armstrong & Philip Kotler, Marketing: An introduction (10th Edition), a public indicates any group that has an actual or potential interest inor impact on an organization’s ability to achieve its objectives. Marketing Research&Information:Find out enterprise’s problems and mistakesIt can help enterprise to finds out enterprise’s problems and mistakes and then it can help enterprise to deal with problems and mistakes. It benefit the further development of the enterprise.Market SegmentationMarket segmentation can help the enterprise to makes market segmentation. The enterprise uses market segmentation to finds customers that can help enterprise to improve the product sales.Opponents of informationThe enterprise mast grasps the opponents of information to keeping the advantage of the enterprises in the petition. It beneficial to pany development.Marketing planThe marketing research brings the information. The information helps enterprise to makes ne*t marketing plan.Market research and information Introduction"The function linking the consumer, customer and public to the marketer through information that is used to identify and define marketingopportunities and problems, to generate, refine and evaluate marketing actions, to monitor marketing performance, and to improve understanding of the marketing process〞Quantitative&Qualitative Research Qualitative ResearchIn-depth interviewsThe Trusty-Land Food pany looks for three people to in-depth interviews. The three men is consumer representative and representative of major ad agencies and market development manager. The pany in order to improve the sales of the pany’s products that can attract more customers. Consumer representatives put forward opinions and suggestions on the quality of our meet’s products, to meet the majority of consumer preferences to make changes.Now advertising is very important to strengthen the use of the media to advertise. The representative of major ad agencies proposals bined with the pany's characteristics and corporate culture. Remendations includes the methods of packaging products and mass media. The success of the product packaging and advertising can attract more customers. The market development manager hear consumer representatives and representative of major ad agencies’remendations that can improvements products. Such as advertising panies to listen to consumers representative of the appearance of the product preferences and consumers gets information through what kinds of the media, Advertising pany to understand the corporate culture and characteristics through the market development manager. Three people to discusses and ultimately achieve the best packingeffect and publicity of pany’s products.Quantitative researchFace-to-Face surveys:The Investigation team to nearby food market in a number of neighborhoods face to face surveys before the lunch time and dinner time. The investigation team to conduct research on people who buy food, because most people cooks for family should buy food. Investigation team to understand people usually buy food to eat what kind of meat, raw food or cooked food which some more, people buy food for the food safety requirements, etc. Giving small gifts when the customers answered the question after. Small gifts may be the pany's new tasting product. Through investigation, improvement of products that can increase sales.Segmentation & targetingResearch informationThe enterprises to understand the details of their own problem, such as the petitiveness of an enterprise; band effect; fiscal reserves. Knowing the market. Trusty-Land Food pany to understand that consumer’s consumption habit and hobby. The pany respect the religious beliefs and customs, many people know that not eating pork is one of eating habits of the Muslim.Market segmentationThe pany chooses religion from demographic segmentation to make marketsegmentation. The market is dividing a market into distinct groups of buyers with different needs, characteristics or behaviors, who might require separate products or marketing mi*es and pany evaluates each market segments. Philip Kotler also describes market targeting as "evaluating each market segments segment’s attractiveness and selecting one or more of the market segment’s attractiveness and selecting one or more of the market segments to enter.〞The pany chooses Catholic, Protestant, Jewish, Islamic from religion to do market segmentationMoslem do not eat pork .Using differentiated marketing in Moslem market, such as the pany mast prints Islamic identity on food’s packaging. According to Muslim tastes to make improvements from the pany's products.Benefits of Market S&TThrough making Market S&T and making continuous improvements, customer satisfaction scores and courtesy, along with market share, are on the rise. Our customers get hooked on the good product and setting up the good enterprise image, they will buy and bee more loyal to our brand.ConclusionFinally, I remend that panies adhere to market research and innovation that can make the pany's product sales rise. I hope that the pany develop better and better.ReferenceWang Huihong, WANG Jing, 2013, SQA Unit Student Guide on Marketing: An Introduction, China Modern Economic Publishing House.Kotler Philip, Wong Veronica, Saunders John, Armstrong Gary, 2005, Principles ofMarketing 4th European Edition, Prentice Hall.。

HND市场学导论outcome

HND市场学导论outcome

HND市场学导论outcomeH N D市场学导论o u t c o m eDocument serial number【NL89WT-NY98YT-NC8CB-NNUUT-NUT108】The report of marketing about Trusty-Land Food Candidate Name:Candidate Class:Candidate SCN:World count:Table of contentsIntroduction:This report uses Service Marketing Mix to analysis of the Trusty-Land Food Company. Service Marketing Mix is composes of 7 Ps. I uses product, price, promotion, place to analyze the Trusty-Land Food Company. I uses people, process, and physical evidence to analyze the barber shop. Assuming Trusty-Land Food Company’s marketing environment be change.Findings:Product:Product can be offered to a market for attention, acquisition and use or consumption that might satisfy a want or need. The product includes physical objects, services, persons, places, organizations and ideas.The Trusty-Land Food Company’s products is tangible product. The channels oftangible product.Three different levels of product, the three levels includes core product tangible product. Meet is the core product of Trusty-Land Food Company. Meet provides protein to person and meet also improve quality of life.Product lineProducts are closely related and they function in a similar manager so the product needs a product line. Product line is benefit for sold to the same types of outlet or fall within given price ranges. Trusty-Land Food Company can take the red meet and white meet divided into two kinds of production line. The two kinds of productionline can improve the production efficiency.Trusty-Land Company’s product line from less to more. The product become more the reasons includes the enterprise competiveness and to attract more customer and increase sales.Product MixProduct mix is the total sum of all the products and variants offered by an organization. The production line’s width is two, because the product lines products two kinds of meets. The meets include white meet and red meet.Product life cycle“Kitty Doggy” product life cycle“Kitty Doggy” in the growth period. During this period, this brand of pet food is increase sales, launch new products and opponents appear. I suggests that “Kitty Doggy” k eep pet f ood quality and “K itty Doggy” mast focuses on the opponent tofind ways to increases market share.PriceThe smart pricing is amount of many charged a product orservice or sum of the values that consumers exchange for the benefits of having or using the product or service.The advantage of smart pricing is ensure sales but inaccurate pricing to harm the company such as underpriced close not back to the cost so the Trusty-Land Food Company mast take the smart pricing in product.Government policy, Organization objective, Channels of Distribution, Cost, and Weather is factors that affect pricing.Government policy: Government policy affects the pricing. Government’s new dietary guidelines is recommend people to eat white meat so red meat sales will be decline and white meat sales rise. Trusty-Land Food Company in order to maintain sales of red meat so red meat be suitable reduced price. Red meat sales rise so red meat be take a appropriate price.Cost: Trusty-Land Food Company has a lot of distributors throughout the country. Meat products need fresh so meat in the process of transportation need keep fresh that increase the cost. The company in order to profit so meet rise in price.General Pricing ApproachPenetration Pricing: Trusty-Land Food compa ny’s “Kitty Doggy’’ in the growth period so penetration pricing for pet food can attracts more customer that can increase sales. Penetration pricing can help “Kitty Doggy’’ gain more market share and to promote “Kitty Doggy’’Competitive pricing: Trusty-Land Food Company focuses of the opponents that can help Trusty-land upon them opponents. Trusty-Land Company focuses on opponents that can help company win the price war and keep Trusty-Land Food Company’s d ominance PromotionPromotion is kinds of a activities. Promotes product orservice and its merits to target customers and persuade them to buy.The main promotional tools available to market have five types that is advertising sales promotion, public relations, personal selling and direct marketing.AdvertisingAdvertising can highlight the product features and improve visibility. Trusty-land Food company through newspaper and street poster to attention customer to know company’s name. Trusty-Land Food Company through TV commercials to position thecompany. This tuned is success, TV commercial bring sales revue increased by 34% that can expand market share.Direct Marketing: Trusty-Land Food Company has its own retail groups so Trusty-Land Food Company can reduce the middleman. The middleman is getting less the company make a good price and good supplier for company’s customers that can help company improve market share.Personal Selling:Trusty-Land Food Company has a sales team the sales team to persuade customer to purchases and stock company’s prod uct. Personal selling can improve product and increase customer purchases and contacts. Sales team can help company improve the product sales.Identification of target audience, Legal political factor. Technology factor and budget setting this four types influence the setting of the promotional mix. Identification of target audience:Customers has different demand and tastes differ with people so Trusty-Land Food Company mast identification of target audience to promotes differed products. The “Health Meat” is a good example “Health Meat”lies in their convenience and fast time. “Health Meat” suitable for fast rhythm of life that can increase sales Budget Setting: The amount of the budget effect promotion. If the Trough-Land Food have more bridge the advertising coverage is broad. The appropriate budget setting to improves the company reputation.PlacePlaces means all the company activities that make the product or services available to target customers.Tangible product’s place is distribution partner. Intan gible product’s place is enterprise located or provides the service place.Wholesalers: Trusty-Land Food Company’s Pro ducts were sold to regional grocery chains and national and regional gory, wholesalers that is Wholesalers.Retailers: Seven Eleven is a retailer, Seven Eleven sales food-branded of Trusty-Land food Company. Large grocery stores and supermarkets purchase from Trusty-Land Food Company and that grocery market meat products under Trusty-Land Food Company’s Logo.The benefits of distributors to Trusty-Land Food Company Distributors for the company to reduce inventory and accelerate product circulation speed. Distribution business enterprise to increase visibility and to increase market share. Distributors to help business increase sales reduce the pressure distribution, increase profits bring convenience to clientsBuying behavior, Budget Product itself and Organizational Objective are affect choose marketers.Organizational Objective: Trusty-Land Food take “Kitty Doggy” become the leader brand. Intensive distributionconsider revising the market share so organizational objective good for distributors.Buying behavior: Marketers to adopt to the consumer habits. Marketers cooperate with supermarkets or markets and impossible and book stores and flower of cooperation Services MarketingA service is any act or performance that one party can offer to anther that is essentially intangible and does not result in the ownership of anything. Its production may or may not be tied to a physical product. Characteristics of services is variability, perishability, inseparability and intangibility.Barbershop is three more than Trusty-Land Food Company. The three types is people, processes and physical evidence.PeoplePeople: People at services marketing is service provider. For example, people in the barber shop’s hairdresser and cashier. H airdresser giving a haircut to customer and wash hair, cashier responsible for the money. The hairdressers and cashier given the customer’s service is in tangibility and insep arability. H airdresser and cashier should have better attitude and high service qualityProcessesProcesses: Process involves looking at the quality controls that need to be in place to ensure consistency of service. Customers into the barber shop. Barber to customers shampoo, haircut, and the barber to meet customer requirements, shampoo, cashier money, and finally the customer away. Process services emphasize consistency andeffectiveness of the service. Different customers in the same service get the same level of service is uniform. Within a periodof time to complete the service.Physical EvidencePhysical Evidence: Physical evidence is the “tangible” part of the service. Barbershop’s wardrobe and shampoo are all belong to the physical evidence. Physical evidence to help hairdressers to complete the service. Physical evidence also help customers evaluate service. If the customer is not satisfied with the physical evidence. Good physical evidence to make customer satisfaction increases.Change of marketing environmentSuppose company supplies meat to a city, but the city's Muslim believer’s population increases. The company can uses 4P’s product so company p rinted on product packaging halal logo and Muslim followers of the urban population accounted for the ratio becomes large. So the company provides a small amount of pork to the city and the company offers other types of meat to the city, to meet the needs of Muslim believers. Suppose an increase in the elderly population in the community. The company can use4P’s price from company to resolve. Because elderly people are concerned about the price. The company and retailers cooperate elderly to buy meat the retailers gave elderly seven fold. Improve the company reputation and boost sales.Suppose the emergence of bird flu in society. The company uses 4P’s product. The company mast pay attention to product quality and the company to do a good job of inspection and quarantine. Using the media to promote our products are safe and maintain our company's sales.Conclusion:The Trusty-Land Food Company encountered differentchanges in environment in the development process. I hope my countermeasures can help Trusty-Land Food Company. Finally wish Trusty-Land Food Company gets long-term development.Reference:Wang Huihong, WANG Jing, 2013, SQA Unit Student Guide on Marketing: An Introduction, China Modern Economic Publishing House.Kotler Philip, Wong Veronica, Saunders John, Armstrong Gary, 2005, Principles of Marketing 4th European Edition, Prentice Hall.。

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Q1A) Market marketing is the plan and the execution of the commodity, the service and the creativity idea, the fixed price, the promotion and retailing, create conforms to the individual and the organizational goal exchange one kind of process. that is Human activity is wants through for exchangesto directed at satisfying needs, and business activity is concerned with providing goods and services to satisfy human wants and needs at a profit.B) Market marketing concept requirements planning and strategies should be all the businesses to consumers at the center, correctly determine the needs of the target market and lust, more effectively than competitors of provision required to meet the target market.The product concept is to show the enterprise is not through the development of the corresponding product market analysis and variety, but to improve quality, reduce cost as all activity centers, and thus expand sales, profits made such a management guiding ideology. Product not only pay attention to production quantity concept, but also pay attention to product quality, but it production center, don't pay attention to the market demand, don't pay attention to product sales, is the production of the concept of the later performance. The customary channel sales, when customer think of their good quality of product will seek to come.Q2A) The Marketing Mix is an important part of corporate marketing strategy, Controlled enterprise marketing measures to form a holistic activity. The main purpose of marketing is to meet the needs of consumers. Usually divided into 4P (product, price, promotion, place)B) the explanation of the Marketing mix of product: in 1986, Landed a company of wooden toys products target customer is pre-school market, wooden building bricks and jigsaws. Its products could only be sold to small toys shops that have very big limitation. However, with booming business and brighter prospect, its range of products has quickly enlarged. But for its formerproducts, it not on- ly added with dollshouses and wooded train sets,baronudght in “ CountryCousins ”books and a new range of pre -school books. its products are characterized by various types, complete specifications and best quality. All its products enjoys high celebrity made thiscompany bigger and bigger.The explanation of the Marketing mix of price: success stems from the reasonable pricing and good price control strategy, a reasonable price is very import in the market competition. In the case, on the early 1990s, Landed company rapidly flourished, and the Cousins ”b“ooCkosuntrywere sold at a premium. But and the “ Country Cousins ” books were sold at a premium. Besides,badly demand and high profit attract more and more cooperation entering this market, competition becomes much drastic. To gain a competitive edge, the company had to reduce its high price to a competitive level.The explanation of the marketing mix of promotion: the promotion has many methods, such as advertising, sales promotion, public relations, personal selling and direct marketing. In the case, Landed Company' s advertising department must be use the best promotion policy. The Landed Company and TV channel SC4 to keep the friendly relationship. The TV proposed a national airing and national launch Introduce company products and the popularity of the series. That make rise for the company's brand image and customers' awareness, Sales Have Rapid Growth.Place - refers to provide the product at a place which is convenient for consumers to access. Place is synonymous with distribution. Can be various strategies such as intensive distribution, selective distribution, exclusive distribution. In the case, the company uses selective distribution. This involves one intermediary the retailer. This is probably most favoured by larger retailers such as supermarkets that have the power and resources to buy in larger quantities and enjoy the benefits that come with that, such as being able to offer lower prices. But now this company has a big problem, intermediary the retailer compels price drop. I think only through production-marketing integration can solve the problem.Q3For a privately owned beauty salon, its elements of the marketing mix refer to the followings: product, price, promotion, place, people, process and physical evidence.First, the product of privately owned beauty salon is its service, which opposes to a common product. Services, unlike physical products, happen "on the spot" and customers like to know what to expect. The privately owned beauty salon offers service to customers, which is essentially intangible and does not result in ownership of anything. The Landed Toy Company products are goods.Second, price, as we know, price is one of the most flexible elements of the marketing mix. It will be affected by consumers, the trade and the competition. For example, if customers feel the price of the beauty salon is lower than others, most of them may choose this beauty salon, while the price of Landed Toys Company products changes with the situation they have in the market: set premium price (previous) cut the price (now) reducing price (future).Third, promotion is what a company say and do concerning products and services in order to persuade customersand markets to try them. The privately owned beauty salon not only uses advertising but communicates with customers to help them have a better understanding of the company. Landed Toys Company Landed did very little advertise at first, but now they use newspaper to promote its products originally.The next is place, which not only includes retail store, online shop but also the movement of goods. If you want to book the ticket of the beauty salon, you can buy in the salon or online. Landed Toy Company sells its products through a number of intermediates, nowadays it carries out with the idea of mail order selling.Fifth, people are part of the offering service. If the customers are satisfied with your service, it may have a positive effect on the development of your company. Sixth, processes mean caring about the quality, reducing the queuing systems and service delivery to ensure consistency of service. At last, physical evidence is the “ tangible pa”rt of the service, like the facilities in the beauty salon.Different from a Landed company, which distributes its products to its customers, beauty salon always has to get its customers to come to it. Those who come to the beauty salon are pursuing high quality services, although its price is higher. Therefore, beauty salon usually has relatively affluent target market and local promotions meeting the local demands. In this way, it is principal for a beauty salon to choose a right location.Q4 because for the environment in which an organization exits can affect industry or the individual organizations. An internal environment is the systems of the company, the effectiveness of which to a great degree rests with its culture, including micro and macro environment, competition intermediaries, and suppliers stakeholders. A micro environment is all those factors which lie beyond the organization, and a successful organization is contributed by those in the microenvironment, for example, the company, the distributors, customers, competitors and public, however, the macro environment indicates the larger forces which affect the way in which an organization operates and over which the organization has little or no control. These can be known acronym PEST.With the changing environment, PEST is also changing: the political aspect: as the global communication developing, it is not simply domestic politics which will have influence on marketing strategy. Second, economically, suppliers have become more and more, as a result, competition has become more and more fierce, this will impact costs, prices and demand. Third, changes and trends in the sociocultural environment bring forth significant challenges. People's basic beliefs, attitudes and values are shaped by the society in which they grow up.Following factors may affect landed: the declining birth rate, growing demand for more technological toys, increased affluence, growth in competition from larger competitors, growing dominance of larger retailers.For the sake of getting over these risks, altering the marketing mix, the company introduced some new products to satisfy different market meets, drew into added value products at higher prices, developed higher profile promotions to compete with rivals, and used sales team to develop a good relationship with retailers.。

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