Tuesday, January 28, 2020

Challenges Faced by Honda

Challenges Faced by Honda 1 Introduction Honda is the most successful company existing in the market now days with the latest technology in the automobile industry with luxury cars to sports to family car they have a vast range of cars and motorbikes. Honda, (2010) In October 1946, Soichiro Honda established the Honda Technical Research Institute in Hamamatsu, Japan, to develop and produce small 2-cycle motorbike engines. Two years later, Honda Motor Company, Ltd. was born, and in 1959 Honda opened its first storefront in Los Angeles with six industrious employees. Honda opened there first U.S. plant in 1979 and have evolved into a company that directly employing more than 25,000 Americans. More than 100,000 workers are employed at authorized Honda automobile, motorcycle and power-equipment dealerships in the United States. Tens of thousands of additional Americans are employed by more than nearly 600 U.S. suppliers from which Honda purchases parts and materials. Honda, (2010) In the recent years the automobile crisis of 2008-2010 was the part of financial downturn, which affected automobile makers and suppliers around the world. The industry was weakened by the substantial increase in the prices of fuel linked to energy crisis of 2003-08 which discouraged purchases of automobiles with low fuel economy. In the year 2008 there were fewer fuel efficient models to offer to the consumers, the bigger automobiles including General Motors, Toyota, Ford, Chrysler, Nissan and Honda Motors experienced sliding sales. Honda, (2010) Honda Motors in 2008 announced it would be down sizing due to 2008 economic crisis and predicted that there may be reductions in staff at all levels of the management effective January 2009 2 Strategic Analyses, (2010). The process of strategic analysis the process of conducting research on the business environment within which an organization operates and on the organization itself, in order to formulate strategy. A number of tools are used in the process of strategic analysis, including PEST, SWOT analysis, and Michael Porters five forces model. Pest Analysis, (2010) Pest analysis is for Political, Economic, Social, and Technological analysis and helps to set a framework of macro-environmental factors used in the environmental scanning component of strategic management. Williams and Curtis (2007) that political factors include government regulations and legal issues and define both formal and informal rules under which the firm must operate. Specifically, political factors areas such as tax policy, labor law, advertising law, environmental law, trade restrictions, tariffs, and political stability Government plays an important role in the economy as well as in taxes to be charged to the company. These factors also play an important role in the employment law, competition regulations as the company can not make specific prices as they have to follow the competition regulations. Economic factors have economic growth, interest rates, exchange rates and the inflation rate. Pest Analysis, (2010) the factors have major impacts on how business works and decision making, example, interest rates affect a firms cost of capital and therefore it affects the business and how will grow and expand. Exchange rates affect the costs of exporting goods and the supply and price of imported goods. Economic factors affect the purchasing power of potential customers as the power to buy the product. Social factors include the demographic and cultural aspects of the external microenvironment. Pest Analysis, (2010) social factors affect customer needs and the size of market as well on the demand for a companys products and how that company will perform. Companies change various management strategies to adapt to these social trends (such as recruiting older workers). Social factors affect the needs and wants of the customer and the way they buy a particular product, as the demand may decline with the new product which offered to the wrong age sector. Pest Analysis, (2010) Technological factors can reduce the barriers to enter and reduce minimum efficient production levels, and play a big role outsourcing decisions. They can help to determine barriers to entry, minimum efficient production level and influence outsourcing decisions. Technological factors help to technological shifts that can affect costs, quality, and lead to innovation. SWOT analysis, (2010) SWOT analysis is a strategic planning method used to evaluate the Strengths, Weaknesses, Opportunities, and Threats involved in a project or in a business. SWOT analysis is a business tool by which, a firm will be able to implement a strategic analysis, analyzes and recognizes its corporate Strengths and Weaknesses as well as the existed or forthcoming Opportunities and Threats from its external environment. Completing a SWOT analysis will help in identifying and the ways to minimize the affect of weaknesses in your business while maximizing your strengths only when these four critical information elements are well elaborated and known. SWOT analysis compiles of, SWOT analysis, (2010) Strengths: attributes of the person or company that is helpful to achieving the objective Weaknesses: attributes of the person or company that is harmful to achieving the objective Opportunities: external conditions that is helpful to achieving the objective Threats: external conditions which could do damage to the objective Honda Motors is one of the most successful automobiles company in the world and with the help of PEST analysis and SWOT analysis they have come so far as they are able to understand what are the political factors, economic, social and technological factors they have to understand when they are producing the automobiles as well have to understand the needs and wants of the customer as well as the economy of the place as the government plays an important role. They have to understand the technology they have to provide in there automobiles because the latest technology will be able to attract the people better and they would be able to reach the market better and the relevance of SWOT analysis in running the business is very important as Honda has to understand what are there strengths, weakness, opportunity, threats in order to be successful in the market as they need PEST and SWOT analysis together to be able to survive in the market for long run these two analysis helps Honda to be a better company and be able to understand its customers and their needs. 2.1 Honda: Reconciling dichotomies (Product related core competencies versus process related core capabilities. Constructing dichotomies is the best avenue for new ideas in the field of automobiles industry. Productivity, (2010) Product related core competencies are measurement of the effective use of the resources, expressed as the ratio of output and input. Productivity as the ratio  of output and input. Productivity us very important to business because they can gain market share and make great profits. For example, when productivity increases, product costs decline and product price can be reduced. Productivity relates to competitiveness in the way that if two firms have the same level of output but one requires less input because of higher productivity, that one will be able to charge a lower price and consequently increase its shares of the market. Process related core capabilities typically describing the act of taking something through an establishment and usually set of procedures to convert it from one form to another, as a manufacturing or administrative procedure. The process core capabilities at Honda is playing an important role as it is helping in having new and developing innovative ideas for the company and playing an important role in product related core competencies. Process Capabilities, (2010) The concept of process capability has been used by the manufacturing industry to quantify the relation between product specifications and the measured process performance. Various ratios and indices have been developed to describe this relation. 2.2 International trade is exchange of capital, goods, and services across international borders or territories. International Trade, (2010) international trade area has flourished over the years due to the many benefits, as it has offered services to many countries across the world. International trade is the exchange of goods and services for an amount of capital. It is also one of important sources of money making for developing country, with the help of modern manufacturing techniques, advanced transportation, transnational corporations, outsourcing of manufacturing and services, and rapid industrialization, the international trade system is spreading and growing fast. International trade, (2010) Great variety of goods available for consumption and international trade brings in different kinds of goods from different destinations. This gives consumers a variety of choice to choose from and which will not only improve their quality but also the whole country. Better allocation and better utilization of resources, since countries tend to produce goods and items which they are good at and have a comparative advantage towards its competitors. Efficient production will help countries and they will be able to adopt better methods of producing goods and this will keep the cost down in order to remain competitive. Countries that can produce a product at the lower price will be able to capture a larger market share in the market. Therefore an incentive to produce efficiently arises. This will help standards of the product to increase and consumers will have a good quality product to consume. Automobile industry, (2010) Restricting trade in the context of global automobile industry, the global automotive industry, rapidly changing with global mergers and relocating its production centers towards emerging and developing economies. The industry is subject to imperfect competition which has resulted in too much of capacity, too many competitors and too much redundancy and overlap. The industry is worried about the demands and wants of consumers about product styling, safety, comfort and manufacturing efficiency. The industry have to really work hard to meet the demands of the consumers and what are the new wants as what types of cars they want in the automobile industry. Specialization in automobile (Honda) sector is increasingly becoming segment specific as each of these countries is finding its niche. China is specializing in components, India in two wheelers and small vehicles, Thailand in pick-up trucks and passenger cars and Indonesia in utility vehicles. As Honda is understating its market in these areas and other areas of the world as they are providing according to their customers wants as they have restriction in providing different kinds of automobiles which is not required in the particular country. Automobile industry is a symbol of technical marvel by human kind. Being one of the fastest growing sectors in the world with its dynamic growth phases are explained by nature of competition, product life cycle and consumer demand. 3 Whittingtons Evolutional and Systemic schools of thoughts. Applying the two schools of thought in developing strategy to Honda motors. Evolutionary process in which the Evolutional is way in which the evolutionary perspective: sell or die. Strategy, (2010) Marketing communications decisions are for short-term survival In the long-term we might be dead! Intense focus on short-run sales, not long-term brand-building Whittingtons four schools of thought The development strategy of Honda Motors have used the Whittington evolutional and Systemic school of thought in there process and the way to understand the market better and its competition. Not only maximizing the profit but also professional pride and culture as described under in the figure Evolutionary and Systemic schools of thought Whittington Evolution Systemic Opportunities to make decision and competition Unexpected swings in future Competition does not imply efficiency: markets can be manipulated; society has other criteria s for corporations than just profit maximization Finding possible causes of action and objective Trial and error forced choices Local approved Selecting course of action and developing strategy Improving operations management Strategic objectives depends on the specific social system in which the strategy is created Strategy Strategy = day to day management for surviving and competitive nature Other than profit maximizing is professional pride, influence, religion and culture The two schools of thought which are being used by Honda Motors in order to develop their strategies are Evolutional and Systemic and Honda are using these tools in a proper manner likewise in Evolutional school of thought used by Honda in Marketing communications decisions are for short-term survival Communication decisions are for short term in the evolution process Intense focus on short-run sales, not long-term brand-building. They have to consider intense focus on the market The school of thought who is better is Systemic school of thought because of lots of reason Systemic school of thought have Systemic School of thought used by Honda Consumer attitudes and behavior are confined to social systems with given norms, values, roles, culture, and ethics. Honda understands all these behavior and attitude of the customer in order to develop a better strategy in future. Limitations to what marketing communications can do in terms of market share the consumer culture rules, Honda have to have a good knowledge about the marketing communication and know its limits Other rational reasons for marketing communications than pure profit maximization, such as religion, culture and professional pride. This school of thought is better and more suited towards Honda as it keeps an eye on the consumer demand needs and wants as well understand its customer behavior. They have good knowledge of the marketing process. Honda believes in professional pride, culture and religion understanding of the people and how people react to these norms as Honda is the leading Automobile industry as it suites towards the Systemic school of thought in order towards the strategic development. Proper explanation of Systemic in figure below 4 Processual schools of thought is about understanding the brand and influencing the brand with some risk taking in decision making and Processual approach helps firm to maintain its goal of a simple strategy based on four loop. The loops can affect but should not change the strategic management of the firm and it is about Consumer attitudes and behaviors can be influenced Continuous improvement of brand, Creative ways of reaching customer Advertising management Certain degree of risk-taking in decision-making allows for innovative and The Processual School of Thought is about making the Honda adopt the strategy and develop a brand by understanding its customers and their need and wants. At the same time understand its values. The implications of strategic management on the four loops. The rational loop helps in making sure that strategic management would be based on rational thoughts and ideas. Processual school of thought helps in focusing on the use of rational decision making when making decisions and controlling the use of strategies. It helps and makes sure that all the implications of any decisions or strategies would be carefully analyzed under Processual School of Thought. Therefore Processual School of Thought is making the strategic management of the rational loop more though full and full of new ideas. The overt politics loop with the help of Processual School of Thought helps to create a more open influence on strategic management. Politics are used by some to add their ideas to strategic management without being discreet about it. Overt politics focuses on the use of influence and connections to assert strategic ideas with the help of Processual School of Thought and that is best thing for the company The Culture and cognition loop plays an important role when evaluated by the Processual School of Thought as it makes use of culture and tradition to influence strategic management decision and to make the strategies based on the culture of the place and country. Honda Motors uses culture and cognition as important factor in strategic development. The culture and cognition loop makes use of ideas to change strategic management decision so that the firm will act according to the needs and wants of the environment. In this loop Processual School of Thought would serve an important part in making decisions that will affect the firm and Processual approach helps the firm maintain its goal of a simple strategy based on the four loops. The covert politics loop with the help of Processual approach helps to create a more secretive means to influence strategic management; this involves a member of the Honda Motors secretively influencing strategic management decisions in his favor. Covert politics loop is a more secretive way to influence decisions and strategies and this usually creates decisions that may be beneficial to the company. 5 Conclusions Honda Motors is one of the leading automobiles industries and in couple of years they have been facing problems as the industry was weakened by the rapid increase in the fuel prices as well as to energy crisis of 2003-08, which made people to buy less of automobiles with low fuel economy. In the year 2008 there were some models released by Honda with fuel efficient models to offer to the consumers, the bigger automobiles including General Motors, Toyota, Ford, Chrysler, Nissan and Honda Motors experienced sliding sales. Honda has used PEST and SWOT analysis to work harder to achieve the goal to make their sales go high, and have worked on the weakness in the market as well. Honda has studied there PEST analysis and the factors that are affecting their company. Honda being the leading automobile industry has to know its strengths and weakness, when dealing with their customer. They need to know their needs wants and demands. Whittingtons Evolutional and Systemic schools of thoughts are being applied by Honda Motors to the better development of their strategy and which helps them to know where they are standing in the market and with the help of the four loops Honda can know its company better way as they will be able to understand its culture, religion and this will help to make better strategic decisions for the company.

Monday, January 20, 2020

Adolph Coors :: Biography Biographies

Adolph Coors My Personal Interest: The Rise and Fall (Literally) of Adolph Coors After already sharing my thoughts of my family, and myself, I felt as though neither of my favorite personal interests would accomplish the task at hand. It was Saturday afternoon, and I still didn’t have a good personal interest topic to write about. I started mind-mapping, writing every topic I could think of, including: The Real Civil War; Mental Instability – Possession or Illness; Finding the Perfect Home – Mortgage and All; and even The lightning Capital: Why Here? Then I realize I must dismantle the subject, so as to fit it on only 3 or 4 pages. The project is becoming a lot tougher than I anticipated; I start scratching out ideas. A half hour later, I have a page with many scribbles, no topics, confusion, and thirst. I walk swiftly and irritably, to the refrigerator, open the door, and grab a cold, wet, Coors Light, tall can. I found my personal interest topic. There in my hand, I was holding history: â€Å"The Rise and Fall, Literally, of Ado lph Coors. I try to imagine the thoughts of Adolph Coors as he was plunging 6 stories to his death. How or why would he have fallen from a beautiful Virginia Beach hotel-room? In the past 9 years, the prohibition of 1920 had made life more difficult, but could Adolph’s desires and ambition end this way? Throughout his entire life he showed nothing less than a strong driving force in everything he attempted and accomplished. On February 4, 1847, Adolph was born in Barmen, Prussia. His parents passed away only 15 years later. Finding necessity for a quick occupation, Adolph started an apprenticeship at the Henry Wenker Brewery. The ambitious young man paid for his apprenticeship by working at the brewery as a bookkeeper. He completed his apprenticeship in a short three years, 1 year less than expected. This would be young Adolph’s first of many overachievements. After finishing his lessons, he worked at three other breweries in the area until 1868, when avoiding a military draft seemed necessary. He then left for the bright stars and stripes of America. Stowing away, he landed at Port Baltimore, Maryland. For the next 5 years, Adolph worked in several industries, ranging from gardening to his first love, brewing.

Sunday, January 12, 2020

Atomic Energy: Good and Bad Essay

The use of nuclear energy is controversial because it can be used to wreak havoc upon mankind. Fission, or the splitting of atoms, can be used to release extreme heat and radiation. During World War II, the United States decided that this would be a powerful weapon, so they dropped two fission bombs over Hiroshima and Nagasaki, Japan to end the war. Many buildings were desotryed and thousands of innocent civilians were killed. After that, the world viewed nuclear bombs as dangerous new weapons that could devestate entire cities. Also, the radiation released from nuclear fission is harmful to living organisms. In 1986, a steam buildup in a nuclear reactor in Chornobyl, Ukraine caused an explosion that released tons of radiation into contact with people and animals. Thirty-one deaths resulted from the accident. Traces of the radiation were found in areas far away from the reactor because they traveled by wind. After the accident, the radiation still affects people in the contaminated areas; thyroid cancer in people has been increased due to the radiation. I think the benefits of nuclear power definitely outweigh the potentional dangers. Nuclear power is a very efficient source of energy. For example, it can be used to provide electricity for cities. Nuclear reactors would split radioactive elements to form heat, which would produce steam to turn turbines. Then electricity would be created to power major towns and cities. We do not need to worry about nuclear meltdowns because of the safety measures in nuclear reactors. The Chernobyl accident would be a thing of the past. Nuclear energy is also abundant, unlike fossil fuels (coal and oil). We don’t have to worry about running out of radioactive elements. However, fossil fuels are the complete opposite; gasoline prices have skyrocketed over the past thirty years, and scientists predict that gas would become a rarity in the year 2075 or so. I do not think all countries should agree to limit atomic weapons. Even if a country has only 200 atomic weapons, they can still easily threaten other  nations. Leaders should be able to buy what they desire with their nation’s money without having to worry about breaking any agreements. Perhaps a better solution is to ban atomic weapons altogether; that way, the world don’t have to worry about nuclear war anymore. If a country is suspected of possessing nuclear weapons, then that country would probably be wiped off the map (courtesy of the United Nations, they are the sheriff of the world.) Or maybe we should allow all countries to stockpile only ONE nuclear warhead for every country on earth. So if there are 200 countries in the world, your country could only stockpile 200 nuclear warheads. That way, if you bombed every country on earth, you would only have one warhead left to defend yourself with. I think it would be a pretty wicked awesome system. Atomic energy was used to cause death and destruction, but now it is being used to help light up the world. When the responsible are in charge of nuclear power, then everyone benefits! Atomic power is a great example of wonderful technology.

Friday, January 3, 2020

The Paradigm Shift Of School Counseling - 873 Words

A Paradigm Shift Shifting our ways and opinions or even thoughts is not something that we do easily when it comes to our beliefs, morals, or every day task. We often want to keep doing things the same way even if we are not maximizing on our full potential. Sometimes, all it takes is the blink of an eye to notice that it is time for a change. Suddenly, but not fast enough we embraced this concept in our school systems with regard to counselors. Our minds flowed from treating them as an extension of help to the person who possessed more qualities than we once cared to acknowledge. This paper will define the paradigm shift as it relates to the role of the school counselor, present the necessary steps to ensure change in the educational environment and confirm the role of the counselor after the shift took place. The article I read was titled, School Counselors as Program Leaders: Applying Leadership Contexts to School Counseling. It addresses the idea of school the counselor going f rom helping to provide services, to full partner in the educational arena and process. Prior to the paradigm shift, when we think of a school counselor, it brings to mind the function of this individual as an extension of other jobs being performed in schools. Jobs, such as administrative projects, bus duty, special projects and testing. In fact, the counselors’ role is a lead position, so the counselor should present as an individual, who advocates for children. Along with,Show MoreRelatedA Comprehensive School Counseling Program905 Words   |  4 PagesFoundation A comprehensive school counseling program is needed to function effectively in the service of children with respect to race, gender, age, socioeconomic status, social/personal development and academics. 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Thursday, December 26, 2019

Don’T Steal. This Principle Of Human Behavior Has Been

Don’t steal. This principle of human behavior has been widely held for centuries. The principle prominently appears in the Ten Commandments in the Old Testament’s Book of Exodus. Chapter 20 addresses the followers of God and proclaims, â€Å"You shall not steal† directly following â€Å"You shall not murder† and â€Å"You shall not commit adultery† (Exodus 20.13-15). Thou shall not steal is not only prominent in the Bible and the Christian religion, but it is widely maintained in cultures around the world, specifically the United States, as a standard of honesty. Throughout the US, federal, state, and local laws prohibit stealing or the act of theft, and techniques such as security personnel and cameras have been employed to thwart stealing minor items†¦show more content†¦The answer in the majority of situations, is yes. Statistically, 10 million people have been caught shoplifting in the past five years. However, the rate of being caught is only 1 in 48 shoplifts, and caught shoplifters are only turned over to the police 50 percent of the time (NASP). This rate is not high, but 10 million peoples’ lives have been affected. Overall the risk of getting caught is there, but not exorbitant for the non-habitual shoplifter. Other costs beyond those posed to the agent shoplifter include criminal justice procedures and the costs of the stolen good to the vendor. The criminal justice costs are countered by fines assessed to those taken in by police. However, the costs imposed to a store are not countered, and amount to $13 billion in goods per year, or $35 million per day (NASP). Although that cost is not small, it is inflated by the 3 percent of shoplifters who are considered professionals and contribute to 10 percent of the $13 billion. Professional shoplifting is surely immoral, so we will discount the number by such. Thus, the cost of solo shoplifters is roughly $11.7 billion (NASP). 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Wednesday, December 18, 2019

Manchus and Imperialism The Qing Dynasty in The Cambridge Illustrated Essay

Essays on Manchus and Imperialism: The Qing Dynasty in The Cambridge Illustrated History of China by Ebrey Essay The paper "Manchus and Imperialism: The Qing Dynasty in The Cambridge Illustrated History of China by Ebrey" is a worthy example of a book review on history. This chapter  states that a dynasty was established outside China from what is known as Manchuria. It significant to note here that, after 300 years Japanese are reported to have invaded Manchuria in the wake of the Second World War. Further, this chapter talks about the Manchu rule. It states that Manchu were never like Mongols despite the fact that they used the Mongol’s alphabet. Nurchaci was founded by the Manchu nation. Hong Taiji who was the son of Nurchaci was the founder of the Qing dynasty. Manchu is reported to have conquered the north and then later move to the south. The chapter continues to state that Kangxi who was the next Qing Emperor (1662-1722) is the one responsible for allowing Christianity into China. In the context of culture and society; they were more conservative, artistically creative, and Conf ucian orthodoxy. The chapter also discusses maritime trade and relations with the European nations. China morphs being rivaled by the European nations. The European intend to trade tea, silk, and porcelain among others with China. However, China did not have any interest in trading with the western nations.   The chapter also discusses the opium war of 1840 to 1842. The opium was used by the British into bringing their balance of trade within the line. Opium is stating to have been disastrous to the people of China. Hong Kong is reported to have ceded to the British and became the most favored nation treatment from China. Consequently, the chapter also talks about the Chinese in the Diaspora. It indicates that there was out-migration from China into the other areas of Southeast Asia. Moreover, the Coolies who were considered to be bitter laborers also migrated to the other parts of the world. The chapter also discusses the total humiliation of China from 1894 to 1900. The first humiliation was the Japanese defeated the Chinese navy that resulted in Taiwan and Liaodong ceding to the Japanese. Russia and Europe went after the remaining pieces of China. Finally, Empress Dowager Cixi added to the problems faced by China. Finally, the chapter talks about the Boxer Rebellion of 1900 to 1901. Th e Chinese were responding to foreign interference. Nevertheless, this attempt to regain control over their control made the conditions worse when America and Europe managed to put down the rebellion.

Tuesday, December 10, 2019

Australian Consumer Law Public Consultations Reform

Question: Discuss about the Consumer Law Reform in Australia. Answer: Introduction: Mojo Beverage placed the following advertisement in a local newspaper on 25 January: Come one, come all! Fishermen and women of Lake Tranquil. We are offering to pay $100,000 to any person who catches Lord Harry, a trout which we have tagged and released into the lake. The day after this advertisement was made was a holiday in Australia. Residents crowded lake tranuil with boats and others fishing by the lake side. During this operation, rumor spread that there was an error in the advertisement and the reward was to be lowered from the original $ 100,000 to$ 1,000. Ben who was among the fishermen got the rumor from a stranger who was fishing besides him just few minutes before Catching Lord Harry. A certification was made by a representative of Mojo Beverage but he did not make any comment on the amount to be rewarded therefore ben is claiming that Mojo owes him Advise Mojo Beverage, explaining applicable legal principles and citing relevant authorities. In this case Mojo Beverage placed an advertisement in local newspaper for local people to accept and participate in that open challenge to catch that fish named Lord Harry and that person will get a reward of $100,000. There was an error in advertisement which was shown by the offeror in the amount of reward. The original price was $1,000 but price shown in that advertisement was $100,000. So there was a huge difference between the amounts of reward. Ben is the guy who catches that fish and he heard that news from a stranger that the original amount of reward is $1,000 just few minutes before catching the fish Lord Harry. A representative of Mojo beverage supposed to clear that things but he did not say anything about the amount of the price before releasing Lord Harry into the lake. The right of consumers and the fair trade is protected in Australia by the ACL. Engaging in misleading advertisement or misleading conduct is highly prohibited and heavy penalties taken this is in accordance to section of the ACL. Meaning that when the reward is reduced from $ 100,000 to $ 1,000. The false statement shown in advertisement was the reason of reduction in the price. Mojo Beverage changed their statement that original price of reward is $1,000. Then Mojo Beverage will be considered as the victim of misleading conduct. This reduction in amount of price creates a huge economic difference in price since it is scarce for suppliers who provide goods and services. This change in price will affect all the other parties who were participating in this game. The composition of trade amendment act was passed by both the parliament houses but the royal assent was received on unfair contract (Paterson, 2012). Mojo Beverage is having a risk of being fined by court of up to $1.1 millio n if they give $1,000 to Ben instead of giving him the price shown in the advertisement by Mojo Beverage which is $100,000 and they have to face a lots of problems such as redress and public warning hence they should pay $100,000 to Ben which was claimed by him after winning that competition. It is a good advice for the company to award Ben the initial rice of failure to do so they shall have breach the Australian consumer law which was in operation by the time the advertisement was being made. So at the end Ben got his money which was owned by Mojo Beverage as a Reward for the fishing competition. Dorper Sheep Sellers Pty Ltd was negotiating the sale of dorper sheep flock to a firm called Livestock Brokers, which intended to on-sell the flock. On 1 June Dorper Sheep Sellers sent a letter to Livestock Brokers, setting out the number of sheep flock for sale and the price per head. It asked Livestock Brokers to reply within 14 days. Livestock Brokers sent a letter by reply dated 6 June, inquiring whether the sale could be financed on the usual terms. Dorper Sheep Sellers did not reply. 2 On 14 December, at the opening of business, Livestock Brokers sent a fax stating: We accept your offer of 1 June for the sale of sheep flock. The same day Dorper Sheep Sellers faxed back, saying: Youre too late. Were just in the process of selling the flock to another purchaser. Formalities will be completed by tomorrow. Advise Livestock Brokers as to the rights and liabilities of the parties in the light of the commercial interactions taken place between them. Presume in (a) above Livestock Brokers sent the fax on 14 June but because of a transmission error Dorper Sheep Sellers did not receive it. Advise Livestock Brokers in this circumstances. Annually there is an experience in Australian courts of the parties complaining about the breach of agreement or a valid reason affecting the agreement. For the contract to be valid the two parties must clearly ass the following processes. Agreement:- An agreement is the best basic thing for a valid agreement. For an agreement to be valid an offer have to be made and the offer must be accepted by the other party. The parties can articulate their terms through agreement and they have a chance to set their terms and conditions. In all material respect, the contract must effective hence, an agreement which is vague or fault constitute a mere agreement to accept and will not be put in place (Dodge, 2006). Consideration:- Consideration is the deal offered by the seller to the buyer either through transaction is a key element in Australia before a deal is signed. Many rules and qualifications are contained in consideration since it is an important document during agreement. Consequently, gratuitous promises are made through the will they are enforceable. Of late, the doctrine of promissory estoppel now work in permitting deals even in the absence of consideration which are valid. Intention to Create Legal Relations: For a contract to exist a legal relation must be created between parties on an agreement. The evidence not captured in agreement on consideration are captured on this document hence it is an important requirement during agreement and should be kept safe and separate. For the party seeking to prove the parties relationship and demonstrate their intention, the onus is on them, while relevant, do not carries with it any presumption of the parties involved contractual intention (Dodge, 2006). Capacity: Agreement is enforceable to individual who get it hard to sign agreement under prevailing terms and conditions. Lack of capacity creates fear of vulnerability to explosion. The result of statutory developments at a state level which has led to emergence of different rules have made the area to be more complex Formalities: In the sale of asset like land, real estate, guarantees or sale of building formalities are required however, formalities are not required in most cases and it not much essential for a contract to comply. Privacy of Contract: According to the common law, only parties involved directly to the contract have the rights and obligation under the contract even if the contract is to benefit the third party. The application of this harsh doctrine has given harsh result where the third party is intended to benefit from the contract and in some cases remedies or exemption have been put in place to limit and avoid those harsh results (Peden, 2001). Terms: The terms of the agreement determines the obligations and the rights of the parties to contract. These terms are always implied or expressed either in writings or orally. In the case of consumer contract, the term is applied by the common law as a result of the conduct of the parties. Construction: Interpretation of terms is an essential thing once the terms have been established. The contact should be analyzed and given the meaning intended by the parties, where this is not applied, the court may be involved to give the effect to that intention. In that regard, many rules has emerged to help the court do the work. Classification: Terms can be classified in a way that it makes an impact when the agreement is breached. When a term is classified as a condition, then the innocent party is allowed to terminate the contact when breach occurs and when the term is classified as a warranty then the innocent party will only be permitted to claim the damage for the breach. It is also important to understand how the court will categorize a term of an agreement (Hamberger, 1995). An agreement can be discharged in the following ways: Discharge by Agreement Arties can terminate the contract they had signed through an agreement. This can be done through signing new contract or it might take the form of termination provision in the contract itself (Carter Tolhurst, 2008). Discharge for Breach When a contract is breached then the non-breaching party has the right to terminate the contract. The contract for breach can be terminated if there is a provision in the contract which gives the non-breaching party the right to do so or when the other party renounces their obligation under the contract. Consideration for breach is also expressed when the breach is sufficiently serious (Carter Tolhurst, 2008). Discharge by Frustration An agreement can be brought to an end if there is a barrier which is beyond control to the parties. In the case of Dorper Sheep Sellers Pty Ltd, an offer had been made to Brokers and given a period of 14 days to accept the offer. Broker later send a fax inquiring the mode of payment so as to seal the contract. Dorper who were to sale the sheep send a fax responding to the terms but the fax was not delivered to the recipient. Broker late in the period send another mail accepting the offer which had been offered initially but they were late since they were finalizing on another deal with another party. My advice is that according to the general rule, until the acceptance of an offer is relayed to the offering party, a contract in not concluded. But in this case, an exception based on convenience and expediency. The rules states that whenever a mode is contemplated by the parties even when just a permitted mode or possible of a communication. In this case Broker have the right to go to the court to stop the agreement being made by the other part for the sale of sheep since they had complied to the stated duration which was two weeks. Dropers should also withheld the contract they were making since another contract had been made by brokers and they risk getting penalties of breaching. In case the second fax by Broker on 14th had not reached the target. Then the contract is void since it is insufficient to create an offer through silence. Despite this, communication of acceptance is not very necessary if the silence is supplemented with other conditions. But for this case it was necessary for the company to send a feedback for them to be awarded the contracts therefore, Dropers will have the go ahead to sell their sheep since no contract was made. Stuart had a 5-year written lease of a shop in the Prince Mall. He entered the lease at $1000 per week at the end of 2010 and ran a successful music business for about two-and-a-half years. In 2013 the business was affected by decreased sales in CDs as a result of the increased ability of people to access music through the Internet. In December 2013 Stuart asked the lessor, Westphalia Marts Pty Ltd, for a reduced rental of $700 per week until the business improved. He told the lessor about his business problems and plans to diversify and indicated that he might have to terminate the lease early. Westphalia Marts agreed to allow Stuart to pay the reduced rent and in January 2014 Stuart began to pay the new agreed rent of $700. In December 2014 Westphalia Marts decided to sell the Mall, including all the shops. They Wanted the income from the Mall to look healthy, and asked Stuart to pay the full amount of $1000 per week rental beginning in January 2015 and also demanded the shortfall of $300 per week for each week of the year 2014. Advise Stuart, with reference to the relevant principles. Properties are rented or leased for commercial and personal use in Australia. Therefore there are obligation and rights. These are the reasons, which occur most of the time and by which disputes and problem rises between two parties. Payment of rent Repairmen of the premise Subleasing Leasing issue retail and Your right to enjoy the property is limited by the landlord In Australia, there are two type of tenancy: Fixed tenancy allocated for agreed period of time. A periodic tenancy being paid weekly or monthly regarding to the agreement (Sherman Koskenniemi, 2002). Rent can be terminated only if there was a prior communication between the tenant and the owner. In Australia the tenant and the owner can agree on emerging issue concerning the rent without involving authorities. Alternatively the issue can be taken to the court and a review will be made regarding the last time rent was changed and also considering the building of same quality. In State of Tasmania the jurist is that the solely person allotted the duty of reviewing a rise or a decrease in quantity of rent. so as for the rent to be reviewed, associate degree application should be created by the tenant then the assembly can contemplate the vary of rent applied for the similar homes in alternative location, the terms of the residence and therefore the amount the last increment was created before creating the ultimate judgment (Chambers, 2008). In this case, associate degree agreement was created by the Stuart with the Westphalia Marts however not the new property owner thus the policy of the terms ought to be revered. In Australia, tenant and the property owners have right and freedom to agree on the rent to be paid and Westphalia Marts had in agreement on $700 along with his tenant thus this could not be modified. Considering alternative issue, the amount within the rent had been reduced had been monitored by the court and according to the laws they cannot be changed over one year thus the Stuart ought to get a professional for her rights. Finally, the new company is the new property owner and according to the rule rent cannot be increased lower than one year hence this new company is the new property owner thus i'll advise the Stuart to not pay the $300 per week for the previous year and abide by the new agreement by Westphalia Marts. References Nottage, L., 2009. Consumer law reform in Australia: Contemporary and comparative constructive criticism.Queensland U. Tech. L. Just. J.,9, p.111. Ramsay, I., 2012.Consumer law and policy: Text and materials on regulating consumer markets. Bloomsbury Publishing. Kolivos, E. and Kuperman, A., 2012. Consumer law: Web of lies-legal implications of astroturfing.Keeping good companies,64(1), p.38. Paterson, J.M., 2011. The new consumer guarantee law and the reasons for replacing the regime of statutory implied terms in consumer transactions. Melbourne University Law Review,35(1). Corones, S., Consumer Guarantees in Australia: Putting an End to the Blame Game (2009).Queensland University of Technology Law and Justice Journal,9, p.137. Carter, J.W., Harland, D.J. and Lindgren, K.E., 1996.Contract law in Australia. MICHIE. Peden, E., 2001. Incorporating terms of good faith in contract law in Australia.Sydney L. Rev.,23, p.222. Carter, J.W. and Tolhurst, G., 2008.Mason and Carter's restitution law in Australia. LexisNexis. Dodge, W.S., 2006. Investor-state dispute settlement between developed countries: reflections on the Australia-United States Free Trade Agreement. Vanderbilt Journal of Transnational Law,39(1). Hamberger, J., 1995. Individual Contracts What Do They Mean for Australia?The Economic and Labour Relations Review,6(2), pp.288-299. Bradbrook, A., MacCallum, S. and Moore, A., 2002.Australian real property law. Australia. Chambers, R., 2008.An introduction to property law in Australia. Sherman, B. and Koskenniemi, M., 2002.The making of modern intellectual property law(Vol. 1). Cambridge University Press.