Essay structure
Thursday, August 27, 2020
Managing in a global economy Essay Example | Topics and Well Written Essays - 2000 words
Overseeing in a worldwide economy - Essay Example The confections incorporate an assortment of sweets and chocolate bunches, caramels, creams, truffles and formed chocolate bars. Singular establishment stores make an assortment of caramel and apple confections, fudge, chocolate things and other grouped confections. The organization needs to open an establishment store in Singapore. This paper looks to build up an authoritative structure, budgetary examination and human asset rehearses that will guarantee accomplishment of the establishment in the new area. Utilitarian position authoritative structure will be utilized for the Singapore establishment. The structure is favored on the grounds that it is basic and obviously characterizes jobs and elements of every office. The chain of command of power and channels of correspondence are all around characterized to encourage smooth activities and kill any disarray. A basic authoritative structure is fitting for the new business since it chops down organization expenses and increment effectiveness, which is extraordinarily required for the establishment to earn back the original investment and become gainful. The activity positions for this structure incorporate line positions and staff positions (Milgrom and Roberts, 2013). Line positions are answerable for the achievement of the companyââ¬â¢s objectives and targets. The staff positions give skill, guidance, and backing for the line positions. The line officials/administrators have line/direct power that they exercise to achieve authoritat ive objectives. The staff officials/supervisors have utilitarian power to guidance line officials and direct their work. Related employments are joined to shape a useful unit. For instance, the chocolate and candy items are set in various divisions. Inside these offices, there are sub-divisions that have practical experience in various exercises, for example, blending the plans and including various flavors for example caramel office is not quite the same as sub-division that makes fudge or truffles. Practical departmentalization improves the activities and makes it conceivable to
Saturday, August 22, 2020
Team Building Essay Example | Topics and Well Written Essays - 750 words
Group Building - Essay Example Compromise process is fundamental to determine clashes that emerge among people or potentially gatherings. Clashes can emerge at numerous levels, for example, relational levels, job level, between different gatherings, and at outer levels (Fisher, 1977, Rev 1985 2000). At work environment, most basic clashes happen at relational levels, which emerge between people due to various necessities, objectives, and convictions. The most widely recognized factor that is engaged with relational clashes is the connection between two people. It is hard for a third individual, similar to a supervisor, to break down relational connection between two people since connections are molded by an assortment of episodes previously. Thus, it turns out to be amazingly testing to determine relational clashes that emerge in view of relationship history (Collins and Oââ¬â¢Rourke, 2008a). In any case, such clashes can seriously influence their presentation and conduct. Subsequently, it gets significant for supervisors to address clashes at these levels so as to guarantee smooth progression of work and keep up sound condition in the group. All the time, relational clashes are trigged by absence of correspondence or error of correspondence. Relational clashes can be tended to by encouraging compelling correspondence among colleagues. For this, the colleagues should initially be made to understand the hugeness of correspondence in working environment. This can be accomplished by leading this straightforward teambuilding exercise named ââ¬ËDo you comprehend what I mean?ââ¬â¢ (Kumar, n.d). This teambuilding exercise includes interest from the whole group. Right off the bat, one volunteer from the group ought to be encouraged to draw various shapes/pictures of at any rate 10 unique things that go to his/her brain on a graph. Next, the volunteer must teach the colleagues verbally to draw these accurate shapes without really demonstrating the diagram. The colleagues might be permitted t o pose inquiries. The aftereffect of this activity will be that none of the groupââ¬â¢s pictures will coordinate the first picture precisely (fit as a fiddle as well as size), and some might be totally unique. This activity will cause the colleagues to understand the significance of correspondence in comprehension the different personââ¬â¢s perspective so as to deliver the ideal result. Correspondence breakdown is considered as a significant reason for relational clash. Thusly one needs to have or obtain powerful relational abilities to deal with clashes. Relational abilities that are basic in compromise incorporate tuning in, posing proper inquiries, clearness of words and discourse, and deciphering the discussion in the correct way that is worthy to both the gatherings engaged with the contention. In this teambuilding exercise, the colleagues need to pose open finished inquiries with the goal that they improve thought of the image that should be drawn. Open-finished inquirie s help in obtaining more data from the other individual; and start with words, for example, ââ¬Ëhowââ¬â¢ or ââ¬Ëwhat.ââ¬â¢ However, during clashes, individuals will in general ask shut finished inquiries that inspire just a ââ¬Ëyesââ¬â¢ or ââ¬Ënoââ¬â¢ answers (Collins and Oââ¬â¢Rourke, 2008b). Open-finished inquiries give more data and figuring out how to the audience members. Another significant part of correspondence, particularly significant in compromise, is to tune in to the next individual. In the current exercise,
Friday, August 21, 2020
Essay Topics for Heart of Darkness by Joseph Conrad
Essay Topics for Heart of Darkness by Joseph ConradHeart of Darkness is a novel that I have not read that is being considered as one of the best writing techniques ever. It is also being considered to be one of the best books that you can read to learn how to write an essay. So how does one go about looking for the best essay topic for it?The essay topic for the book is quite interesting and it is perhaps because of this that it has become such a favorite among many people. There are several reasons why the book has been so successful.One of the most important things that has contributed to the popularity of this book is the way that it portrays the horrors of humanity in our today's world. We are all familiar with the well known quote 'never sleep with someone who is hungry'. But the book goes further to show us the myriad horrors that we usually overlook.Another good thing about the book is that the author, Joseph Conrad, did not shy away from showing some of the darker sides of hu man nature and being. He showed that it was not all what we can see. He used this to explore certain concepts in the text which made it easier for readers to understand.There are some concepts that are quite debatable whether the author himself included them or not but the truth is that he did not like to use it. The important point is that he did not use it because he wanted to but it was easier for him to avoid doing so. When he included certain concepts in the book, it was because he wanted to make it easy for the reader to understand.Some writers may have avoided talking about dark subject matter because they wanted to avoid any controversies regarding the content of the novel. Others may have wanted to discuss it, but could not find any good use for it. Because the book is a serious literary achievement and certainly one of the best written books that ever came out, many writers have worked hard to give their best to make the book a success. One great example is the essay topic s of Joseph Conrad.There are those who may not want to touch on the dark subject matter but it would be best for them to consider this: if it is hard to read, the readers will surely notice. While others may never care about it but when the time comes, it would only be a waste of time for them.
Monday, May 25, 2020
Cross-Cultural Communication Essay - 1173 Words
Introduction For the course of International Management the following assignment has been giving with the objective to select a topic in the field of International Management. The topic for this paper is Cross-cultural Communication in Marketing/advertising. Communication is such an important part of everyoneââ¬â¢s daily life, not only in oneââ¬â¢s personal life but also in organizations. Also now a day, we are becoming every year more and more global and working with different countries and cultures around the world. Henceforward, globalization is increasing, which makes communication a very important part of doing business internationally. Every organization has their own way of communicating and doing business with others. They have theirâ⬠¦show more contentâ⬠¦Market segmentation: The process of dividing a market into distinct groups of buyers who might require separate production or marketing mixes (Wells, Burnett, Moriarty, 2006). Advertising: Paid non-personal communication from an identified sponsor using mass media to persuade or influence an audience (Wells, Burnett, Moriarty, 2006). Globalization: The process of social, political, economic, cultural, and technological integration among countries around the world (Luthans Doh, 2012). 1.2 Advertising Messages: International Management Communication is the process of transferring meanings from sender to receiver. On the surface this appears to be fairly straightforward process. On analysis, however, there are a great many problems in the international arena that can result in the failure to transfer meanings correctly (Luthans Doh, 2012). Communication ââ¬â verbal and otherwise ââ¬â remains an important dimension of international management, and there are different communication styles, how communication is processed and interpreted, and how culture and language influence communication and miscommunication (Luthans Doh, 2012). One way that perception can prove to be a problem in international management communication is the very basic misunderstanding caused when one side uses words or symbols that are misinterpreted by others. Many firms haveShow MoreRelatedCross Cultural Communication And Communication744 Words à |à 3 PagesCross-cultural communication is increasingly recognized as a major barrier to leveraging intellectual assets globally. The importance of cross-cultural competency has been identified in numerous areas of business, and strategies are continually developed to improve cultural awareness and effective communication and collaboration. It is important to first establish what is meant by cul ture and communication. Munter defines culture as consisting of ââ¬Å"values, attitudes, and behavior in a given groupRead MoreCross Cultural Communication : Communication2036 Words à |à 9 Pagesbetween cultures and wanting to promote cross-cultural communication. Promoting interaction between different cultures has its advantages, but it also takes a great amount of time and research to be successful in cross-cultural communication (Barker). Not having a strong cross-cultural understanding will inhibit companies from being able to compete with their competition due to lack of concern for other cultural differences around the world. Cross-cultural communication is no longer an option where oneRead MoreCross Cultural Communication1730 Words à |à 7 PagesCross Cultural Communication Mohamed Elamin Date: 02/23/2011 City University of Seattle Abstract This paper is about comparing and contrasting the American style of communication and that of Bahrain. Different countries have their own interpretation for every single issue based on their culture background and their way of thinking. The most significant characteristics of American culture are: individualism, equality, competition, freedom and privacy, action orientation, directness, particularityRead MoreCommunication And Cross Cultural Communication1834 Words à |à 8 Pageshuman day-to-day conversation of cross cultural communication. To effectively and appropriately communicate with an individual of a different culture an individual needs to fully understand the beliefs, norms and stereotypes affiliated with the culture. The process of learning a language accompanies the positives and negatives of what is acceptable within the culture in the context of communication. To equip and guide the learner, simultaneously diffusing cultural assumptions which are consideredRead MoreCro ss Cultural Communication9880 Words à |à 40 PagesCross Cultural Communication: Far East Asian Countries This paper gives a short overview of the observed behavioral pattern across some of the far east Asian countries. Understanding these behavioral patterns is important for doing effective communication with people/people group from these countries. The effective communication holds one of the key of establishing business and personal relationship in these countries. This paper also looks into some of concepts and theories in intercultural andRead MoreCross- Cultural Communication2005 Words à |à 9 Pagesin the same boat.- Bernard Baruch Cross-cultural communication is the process of exchanging meaningful and unambiguous information across cultural boundaries, in a way that preserves mutual respect and minimizes antagonism, that is, it looks at how people from differing cultural backgrounds endeavour to communicate. The study of cross-cultural communication was originally found within businesses and the government both seeking to expand globally. Communication is interactive, so an important influenceRead MoreCross Cultural Communication : Communication2092 Words à |à 9 PagesTianli Yuan 1043313 Assignment-A1 Cross-cultural communication I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character. -----------Martin Luther King Communication is the transference and the understanding of meaning, it is also an activity that conveying meaning through a shared system of signs and semiotic rules. By commutingRead MoreCultural Background Of Cross Cultural Communication1328 Words à |à 6 Pages Introduction Culture is defined by the behavior and knowledge of a specific group of people, such as language, religion and customs. Cross cultural communication studies how people from different countries, social status, and upbringing interact with each other In this new era of globalization cross cultural communication in organization it is not no longer a theory because of all the transformation that are happening are in the world we live in. People from different backgroundsRead MoreImpact Of Communication On Cross Cultural Communication911 Words à |à 4 PagesCultural differences can negatively impact effective communication thus companies need to train employees on cross-cultural communication. Companies not trained in cultural differences run the risk of ruining a business deal or relationship. Mukherjee and Ramos-Salazar (2014) mentioned, ââ¬Å"The key to global business success depends on effective cross-cultural etiquette and global workforce diversity managementâ⬠(p.18). Companies that understand differences between cultures have a competitive advantageRead MoreCross Cultural Communication Skills And Communication1318 Words à |à 6 PagesIntroduction This paper will give a brief overview and then analyze the different cross cultural communication skills, including; oral, written, formal, informal, verbal and non verbal. It will then compare and contrast two focus areas of cross culture communication; culture and ethics. This paper will then conclude its findings Brief overview of cross-cultural communication skills Oral communication is transmitted through speech. It includes personal conversations, speeches, meetings, telephone
Friday, May 15, 2020
How to Conjugate the Verb Dare in Italian
The word dareâ⬠in Italian has the following meanings in English: to hand over, to pay, to entrust, to charge, to give up, and to let have. Considerations When Using the Verb Dare Itââ¬â¢s an irregular first-conjugation verb, so it doesnââ¬â¢t follow the typical -are verb ending pattern.It can be both a transitive an intransitive verb -- the former taking a direct object and the latter not taking a direct object when conjugated with ââ¬Å"avere.â⬠The infinito is ââ¬Å"dare.â⬠The participio passato is ââ¬Å"dato.â⬠The gerund form is ââ¬Å"dando.â⬠The past gerund form is ââ¬Å"avendo dato.â⬠INDICATIVO/INDICATIVE Il presente io do, d noi diamo tu dai voi date lui, lei, Lei d essi, Loro danno Ad esempio: Ti do il mio numero di telefono, va bene? - Iââ¬â¢ll give you my phone number, okay? Il passato prossimo io ho dato noi abbiamo dato tu hai dato voi avete dato lui, lei, Lei, ha dato essi, Loro hanno dato Ad esempio: Le ho dato un bicchiere di vino rosso. - I gave her a glass of red wine.Vi ho dato la mia fiducia! - I gave you my trust!/I trusted you! Lââ¬â¢imperfetto io davo noi davamo tu davi voi davate lui, lei, Lei dava essi, Loro davano Ad esempio: Ogni mese mi dava cinquecento euro. - Each month, he gave me 500 euros.La mamma mi dava sempre un piccolo compito da fare. - My mom used to entrust me with a little task. Il trapassato prossimo io avevo dato noi avevamo dato tu avevi dato voi avevate dato lui, lei, Lei aveva dato essi, Loro avevano dato Ad esempio: Le avevo dato la camera migliore dellââ¬â¢hotel, ma si à ¨ comunque lamentata. - I had given her the best room in the hotel, but she still complained. Il passato remoto io diedi/detti noi demmo tu desti voi deste lui, lei, Lei diede/dette essi, Loro diedero/dettero Ad esempio: Mi diedero il mio primo premio ventââ¬â¢anni fa! - They gave me my first award twenty years ago. Il trapassato remoto io ebbi dato noi avemmo dato tu avesti dato voi aveste dato lui, lei, Lei ebbe dato essi, Loro ebbero dato TIP: This tense is rarely used, so donââ¬â¢t worry too much about mastering it. Youââ¬â¢ll find it in very sophisticated writing. Il futuro semplice io dar noi daremo tu darai voi darete lui, lei, Lei dar essi, Loro daranno Ad esempio: Quando ci vediamo, ti darà ² una bella notizia! - When we see each other, Iââ¬â¢m going to give you good news!Non credo che i proprietari daranno le redini dellââ¬â¢azienda ai figli. - I donââ¬â¢t think the proprietor will hand over the reins of the company to their sons. Il futuro anteriore io avr dato noi avremo dato tu avrai dato voi avrete dato lui, lei, Lei avr dato essi, Loro avranno dato Ad esempio: Le avranno dato una mano. - They must have given her a hand. CONGIUNTIVO/SUBJUNCTIVE Il presente che io dia che noi diamo che tu dia che voi diate che lui, lei, Lei dia che essi, Loro diano Ad esempio: Non voglio che il mio capo mi dia la promozione, voglio rinunciare! - I donââ¬â¢t want my boss to give me the promotion, I want to quit! Il passato io abbia dato noi abbiamo dato tu abbia dato voi abbiate dato lui, lei, egli abbia dato essi, Loro abbiano dato Ad esempio: Oh, penso che ti abbia già dato le informazioni per il corso di Italiano. - Oh, I thought he had already given you the information about the Italian class. Lââ¬â¢imperfetto io dessi noi dessimo tu dessi voi deste lui, lei, egli desse essi, Loro dessero Ad esempio: Non desiderava che gli dessi soldi, ma so che ha bisogno dellââ¬â¢aiuto. - He didnââ¬â¢t want me to give him money, but I know he needs the help. Il trapassato prossimo io avessi dato noi avessimo dato tu avessi dato voi aveste dato lui, lei, Lei avesse dato essi, Loro avessero dato Ad esempio: Se mi avesse dato un giorno in pià ¹, avrei finito i compiti! - If he had given me one more day, I would have finished the homework. CONDIZIONALE/CONDITIONAL In the condizionale/conditional: Il presente io darei noi daremmo tu daresti voi dareste lui, lei, Lei darebbe essi, Loro darebbero Ad esempio: Ti darei questa bottiglia dââ¬â¢acqua, ma anche io ho sete. - I would give you this bottle of water, but Iââ¬â¢m thirsty, too.Vi daremmo pià ¹ soldi se foste pià ¹ coscienziosi! - We would give you more money if you were more diligent! Il passato io avrei dato noi avremmo dato tu avresti dato voi avreste dato lui, lei, egli avrebbe dato essi, Loro avrebbero dato Ad esempio: Ti avrei dato pià ¹ tempo da passare insieme, ma ero molto impegnato in quel periodo. - I would have given you more time to spend together, but I was really busy during that time.
Wednesday, May 6, 2020
Water Scarcity Of Water Pollution - 877 Words
Many people oppose the idea of the seriousness of water pollution. Many argue that the water supply for consumption is enough and that there will be no water shortage. ââ¬Å"Peak Waterâ⬠is a term used for a global water shortage (The Environment), so people who consider that the water supply is not going to end use this in their favor. They say that thinking that water is going to be scarce In the future is silly, that people are being peak water alarmists, because there is enough water for everyone, itââ¬â¢s just that there needs to be a way to get to that water. The argument is that water trapped underground and the developing of new ways and technologies to have the ocean water go through a process of desalinization and become usable for people is the reason why there will never be a water shortage. All of this would seem to make the fight for water pollution pointless because if there are more ways to get to water then there would be no issues with fresh water shortages . Other opposing arguments are that people do not have the money to prevent water pollution from happening. In this case it would be farmers who have to use pesticides for some of their crops. Most farmers would not have in mind that the pesticides they use will end up affecting water supplies miles away, and even if they did they would not be able to purchase a system that could contain the chemical runoff because they simply cannot afford it. The cost of having something that can properly treat water pollutionShow MoreRelatedWater Scarcity And Water Pollution2066 Words à |à 9 PagesA Basic Necessity Introduction The amount of available fresh water is very limited in Benin, Africa. Much of this is a result of under urbanization, at one end of the spectrum, and poor government and infrastructure, at the other end. The population of Benin is roughly 10,160,556. It is estimated that each individual produces about 77 pounds of excrement and 132 gallons of urine a year (George 2008). This is ââ¬Å"wasteâ⬠that is typically flushed down a toilet and into a sewer system. However, this isRead MoreWater Scarcity Of Water Pollution1215 Words à |à 5 PagesINTRODUCTION Water is typically refers to a colorless and transparent liquid that forms the worldââ¬â¢s streams, lakes, seas, oceans and rain. It is chemically composed of one atom of oxygen and two hydrogen atoms, known as (H20). The name. In addition, water is life because it is the major part of the fluids of all living things. www.ecomena.org Water scarcity is the lack of sufficient available water recourses to meet the demands of water usage within a region. Although the scarcity water is not a problemRead MoreWater Pollution and Water Scarcity Essay1309 Words à |à 6 Pages Water is essential for humans and organisms to live ââ¬Å"Drinking water, ââ¬Å"2008). Water covers most of the world and makes up more of the world than land. Water comes from different sources. Water may surround us but there are still shortages. Water allows us to live but it could be harmful to our bodies when polluted. Humans and natural disasters can cause damage to the water supply It is important to conserve water whenever possible (ââ¬Å"Drinking Water, ââ¬Å"2008). Oceans make up two-thirds of the EarthRead MoreEssay about Water Pollution and Drinking Water Scarcity1408 Words à |à 6 Pages It is scary but true. Water, one hydrogen and two oxygen, is a compound that life on Earth is completely dependent upon. A clean drinking water supply is imperative if life is going to continue. Without a supply of clean drinking water, life would cease to exist. Much of Earthââ¬â¢s water is contaminated with chemicals and more water is being polluted each day. The sad fact is that the pollutants are being dumped into the water by man himself. We are slowly, and knowingly, killing off our ownRead MoreGroundwater Pollution and Drinking Water Scarcity Essay1007 Words à |à 5 PagesBy means of water, we give life to everything. ââ¬â Koran, 21:30 Drinking water is our most precious resource, something every human being needs to survive. Yet today over 1.2 billion people a day on average do not have access to drinking water. Even if they might have this access, the chances are good that the drinking water is polluted with many contaminants. In the future, we will probably find that clean drinking water will go to the highest bidder, and even more people will findRead MoreWater Scarcity and Pollution: Donââ¬â¢t Let Our Tear Become Last Drop of Water1824 Words à |à 8 PagesTong Li Zach Hilpert Focused Inquiry 112 Water scarcity and pollution: Donââ¬â¢t let our tear become last drop of water Years of thoughtless exploitation and consumption of environment by mankind has resulted in the effects staring in our face now. More and more potentially devastating environmental problems come up and affect various nations worldwide. But many people have trouble recognizing why a resource that seems infinite, is actually, scarce. Humans have already put excessive pressureRead MoreGroundwater Pollution and Drinking Water Scarcity Essay example1111 Words à |à 5 PagesWe have the ability to provide clean water for every man, woman and child on the Earth. What has been lacking is the collective will to accomplish this. This is the commitment we need to make to the world. Jean-Michel Cousteau The Issue: Recently, the issue of drinking water quality has become a matter of great importance. Hydrogeologists and water resource managers have realized that the increased demand for drinking water, due to population growth, has placed a huge burden on ourRead MoreA Brief Note On Water Scarcity Of India1413 Words à |à 6 Pages Geography inquiry Water scarcity in India Flora Leung What is water scarcity? Water scarcity is the phenomenon describing the lack of water sources or the lack of access to safe and clean water. Water scarcity is happening all over the world. Nearly 1 billion people in the world were suffering from it. In the world Asia is one of the continents, which is serious suffering from water scarcity. The countries that are facing serious water scarcity in Asia are concentrated in South Asia and IndiaRead MoreWater Scarcity Is A Lack Of Tolerable1286 Words à |à 6 PagesWater scarcity is defined as a lack of tolerable, available amount of water a region possesses. Water scarcity is occurring all around the world and nothing is being done about it. An article What is Water Scarcity? states that about one billion people do not have access to clean water (Conserve Energy Future). Since there are only about seven billion people on planet Earth and one billion of that population cannot access clean water that means roughly fourteen percent of the human race is sufferingRead MoreEffects Of Climate Change On China1494 Words à |à 6 PagesIn addition, not only does Beijing face water scarcity due to an increase in water demand and water pollution, but climate change also affects the access to water. Climate change can have impacts on the availability and quality of water due to ââ¬Å"altering precipitation patterns, increasing the intensity of extreme events, raising water temperatures, and accelerating the melting of snow and glaciersâ⬠(Pitt, 2000, p. 87). Although the country of China can be known as one of the major emitters of green
Tuesday, May 5, 2020
Advertising Campaign of Tpg Internet Pty Ltd
Questions: 1. Briefly describe the nature of TPGs advertising which caused ACCC to bring these proceedings 2. What statutory provisions did ACCC allege that TPGs advertising contravened 3. What were the findings (conclusions) of the primary judge about the following aspects of the advertising bundling. the set up fee. single price.4. What were the differences in principle between the approach of the Full Court and the approach of the primary judge in evaluating whether the TPG advertising was misleading? 5. The High Court concluded that the approach taken by the Full Court was not correct. For what reason or reasons did the High Court come to this conclusion? 6. The Full Court, in coming to its conclusions, applied as a precedent the ratio in a case calledParkdale Custom Built Furniture v Puxu (Puxu). The High Court said that the Full Court wrongly applied the principle in Puxu. Explain why the High Court thought Puxu was not a proper precedent to apply to the TPG advertising 7. What did the H igh Court have to say about the dominant message approach? 8. What did the High Court say about the assumed level of knowledge in TPGs target audience? 9. Is an intention to mislead essential for advertising to be misleading? Explain what the High Court thought about this 10. If you were employed in the marketing section of an internet service provider or a fitness centre which was about to launch an advertising campaign promoting an attractive plan for membership in which there were several parts (costs and benefits) to be taken into account by potential customers, what advice would you give about the format of the advertising, based on your understanding of the High Courts ruling in ACCC v TPG? Answers: 1: The advertising campaign of TPG Internet Pty Ltd due to which, these proceedings were initiated by the Australian Competition and Consumer Commission was run between 2010 and 2011. In these advertisements, and offer was prominently displayed by the company according to which, unlimited ADSL2+ services were offered to the consumers at $29.99. But there was a requirement also present in the advertisement as a result of which, the service offered by the company was required to be bundled with home telephone service by the consumers and this requirement was displayed in these advertisements much less prominently. The result of this requirement was that ultimately the consumers were required to pay additional $30 per month and this requirement was for a minimum period of six months. At the same time, the company has also imposed a setup fee of $129.95 that the consumers had to pay. Similarly there was another requirement according to which, the consumers were also required to deposit t elephone charges worth $20. However, TPG Internet has mentioned all these requirements much less prominently in its advertisements. The result was that the ACCC claimed that the advertisements of the company were misleading and deceptive (ACCC v TPG Internet Pty Ltd [2013]). 2: The Australia Consumer and Competition Commission Claimed that the multimedia advertising campaign of TPG Internet was misleading and deceptive for the consumers. In this regard, it was claimed by the ACCC that along with section 18, Australian Consumer Law, it has also reached the section 24 of this legislation. The reason due to which it was claimed by ACCC that these statutory provisions have been breached by the company was due to the fact that there a disparity was present between the offer prominently displayed in the advertisement and the other terms that qualified the offer which were displayed less prominently by the company. Therefore, ACCC claimed that these advertisements have contravened the statutory provisions because they have not prominently specified the complete price of the package offered by the company as a single amount. 3: The trial judge accepted the contention of ACCC that the advertising campaign of TPG Internet was misleading and deceptive and in this way it breached the provisions of section 18 and 29 of the ACL. It was also accepted that the total price of the package has not been prominently mentioned as a single figure in the advertisements and therefore it breached section 48, ACL. Bundling: The court found that first-time users were also included in the target audience of these advertisements. Similarly as a result of the fact that a wide range of Internet options are available in the market, it cannot be expected that the ordinary consumers will have a starting assumption regarding the fact that the offer of TPG was a separate or a bundled service and therefore, it can be expected that the consumers will rely on the advertisement itself to look for the information related with the service. The Setup Fee: Although it was accepted by the court that setup fee is charged in case of broadband contracts that are for a period of less than 24 months and the target audience of these advertisements can be expected to be aware of respect however the court stated that the dominant message given by these advertisement resulted in the creation of an impression among the consumers that no further charges were there and therefore it was necessary that the advertisements should clearly qualified that message by indicating that there is a requirement of further fee to be paid by the consumers. Single Price: In this regard, the court stated that the advertisements have not prominently displayed the single price of $509.89 as required by s53C(1)(c) of the Trade Practices Act (TPA) in the advertisements that were initially issued by the company in newspapers, television and Internet. 4: Noteworthy differences were present between the approach that has been adopted by the primary judge and the approach that was adopted by the Full Court. The first difference in this regard was related with the significance that was attached by the two courts to the "dominant message" that has been displayed by the advertisements issued by TPG Internet. In the same way, difference was also present between the approaches adopted by these two courts dealing with the knowledge that was attributed to the target audience of these advertisements issued by the company. 5: The reason behind the decision of the High Court that the Full Court was not based on the reason that the Full Court was not correct when it held that it was wrong for the primary judge to consider the dominant message of the advertisement as crucially significant. Another reason was that the Full Court had not appreciated the advertisement's misleading nature which was not neutralized even if particular knowledge was attributed to the target audience according to which, there were supposed to assume that ADSL2+ services are offered as a bundle. Therefore the High Court stated that as a result of these errors, differences were present in point of principle related with the approach of the primary judge and as a result, the Full Court has committed an error in performing its appellate function. 6: In this context, it was stated by the High Court that the Full Court has committed an error when it arrived at the conclusion that it was wrong for the primary judge to consider that the "dominant message" of the advertisement should be given high significance. Therefore the statement of Gibbs CJ made in Puxu that the Full Court applied in this case cannot be considered as being decisive keeping in view the circumstances of the present case (Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd, 1982). 7: Regarding the approach adopted by the court towards the dominant message given by the advertisement, the court stated that the primary judge was correct when it stated that crucial significance needs to be given to the dominant message of the advertisement and at the same time, another has been committed by the Full Court when it stated that the primary judge was wrong in giving crucial significance to the dominant message of the advertisements. 8: The High Court mentioned regarding the level of knowledge that can be resumed in case of target audience that the terms mentioned in the message and also the way it was conveyed to the target audience creating an impression among the audience that TPG Internet body to create an impression that was different from the impression caused by these advertisements if the company would have given same importance to all the elements that are part of this package 9: A number of factors were mentioned by the High Court that have to be considered in order to decide if the advertisement can be treated as misleading and therefore the intention to mislead is not the essential element. Therefore it cannot be expected that close attention will be paid by the target audience to all the terms that have been mentioned in the advertisement and there will be many members of the target audience that will only look at the 'general thrust' of the advertisement. However it is required that a general tendency should be present resulting in leading the consumers into error. 10: When a fitness center is offering an attractive membership plan to its customers, it is important to make sure that the advertisement is not of such a nature that the consumers will only observe the dominant message of the advertisement. Similarly if the membership plan that is being offered to the consumers have several parts, it is important that all these parts have been given the same significance in the advertisement and as a result, the costs and benefits that are being offered in these parts are highlighted with equal importance. Therefore the advertisement issued by the fitness center should be of such a nature that it gives the total cost of membership and it should not happen that only the cost of selective parts are highlighted. References Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2013] HCA 54 Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd [1982] HCA 44 Legislation Competition and Consumer Act 2010 (Cth) Trade Practices Act 1974 (Cth)
Subscribe to:
Posts (Atom)