Marketing Analysis: Mayo Clinic

Marketing Analysis: Mayo Clinic December 14, 2012 Marketing Analysis: Mayo Clinic Mayo Clinic: is in the business of providing patient care through their many different Clinics and hospitals. They are ranked number two as one of the top twenty hospitals for heart and heart surgery per the Forbes list of top hospitals, and they ranked seventy one out of one hundred in the top one hundred places to work (Forbes, 2012). The Mayo Clinics are a not-for-profit hospital and teaching center that is renown throughout the world. They became known as the hospital that treats the diseases no other facility or physician want to treat.They have over thirty eight hundred physicians and scientist as well as over fifty thousand Allied health care workers on their payroll. They also have thirty six hundred medical residents, fellows and students through their medical schools. Their slogan is â€Å"We strive to turn the impossible into the possible† (Mayo Clinic Annual Report, 2011). â€Å"The Mayo Clinic cared for more than one million patients at its campuses in Minnesota, Florida, Arizona and Mayo Clinic Health System, a network of clinics, hospitals and health care facilities serving more than seventy communities in Minnesota, Iowa and Wisconsin† (Mayo Clinic Annual Report, 2011, pg. 7, para4). From their beginning in 1863, William Worrall Mayo insisted on standards that would be considered innovative for the time. And as the demand for their services increased, they formed a team of doctors and researchers and became â€Å"the first private integrated group practice. † Initially this practice of teamwork among doctors was viewed as unconventional, but soon patients realized the advantages of the pooled resources, having doctors and scientist under the same roof with knowledge and skills, patients and student came from around the world to learn and be treated (Dickson, 2012).Mayo Clinic over one hundred years ago made it clear through its mission and visi on that the patients’ interests would not be served well if doctors were competing with each other. William Mayo emphasized that making a commitment to the patient; doctors must make a commitment to each other: â€Å"Continuing interest by every member of the staff in the professional progress of every other member,† would be vital to nourishing the organization’s future. Patients are the Mayo Clinic’s first priority and they do not base care on a patient’s ability to pay.Most of the staff is not even aware of a patient’s status, which allows them to give the patients the best care possible without having to worry about being paid (Mayo Clinic, nd). The Mayo Clinic has some fierce competition, such as Johns Hopkins Hospital. Johns Hopkins is an institution with a mission to† improve the health of our community and the world by setting the standard of excellence in patient care. † They also advertise with commercials on television , radio, and in the newspaper.They have internet Social media marketing in place and through their multi-media relations staff, they are able to pierce the market of patients within the United States and abroad. (Johns Hopkins Hospital, nd). The services they offer are comparable to The Mayo Clinic and both are rated in the top 25 best hospitals to work for by HealthExecNews. com. However, Johns Hopkins did not make the top 100 list for Forbes. The four â€Å"P’s† (Product, Place, Price, Promotion) ProductBrand – Mayo Clinic; the name alone is known as a leader in the medical field for their dedicated physicians, scientists and allied health staff that work together as a team to put the needs of the patient first, known as â€Å"The Mayo Effect. † There are three main hospitals and several clinics that offer medical treatments and services as well as training, residencies and fellows for medical professions (Mayo Annual Report, 2011). Product features â⠂¬â€œ Patient satisfaction and quality care given to patients are some of the main reasons that patients choose the Mayo Clinic.Known as the place to go for specializing in treating complex illnesses, patients can receive uninhibited care, regardless of ability to pay (Mayo Clinic, nd). Packaging – The Mayo Clinic is well known throughout the world for their research as well as their teaching facilities for medical professions. In addition, they partner with many facilities to serve communities in five states, while maintaining three main Hospital facilities in Minnesota, Arizona, and Florida (Mayo Clinic, nd). Product lines – They have several, mainly books and CD’s on health and wellness.They also have a customer base of over 900,000 people for their Mayo Clinic Health Letter and Mayo Clinic Women’s HealthSource subscriptions, which are mailed monthly with a quarterly special report as part of the subscription. Having tested the market for potential int ernet subscriptions in 2007, they found many were not interested, but in 2008 the test showed there was more interest in that option (Fletcher, 2010). Place Channels of distribution – Most referrals are from word of mouth; people recommending the organization because of a good experience they had.Media: Mayo utilized the local media by offering their physicians the opportunity to share their expertise with the community through bi-monthly consumer health segments (Weiss, 2009) Internet: Mayo can be found on Facebook, Twitter, YouTube and Linkedin, and their new patient blog; Sharing MayoClinic (Weiss, 2009). Advertising: Mayo utilizes media through stories and partnerships with the local news as well as sponsoring health events. They do not use mass media advertising and they rely on their reputation (Weiss, 2009).Physician referrals: come from around the world, because Mayo has a reputation of caring for patients others may not want the challenge of caring for or they do not know how to (Weiss, 2009). Physical distribution – Services are administered through care givers and physicians during visits to either the hospital or office visits. The â€Å"Mayo Effect† uses strategies to achieve their goals and mission â€Å"with collaboration, expertise and compassionate commitment to the health and happiness of their patients† (Mayo Annual Report, 2011).Retailing choices – Patients have several choices to receive services, through the hospital, a clinic visit, and now the minute clinic. Mayo has two Minute clinics’ that are a walk-in center and are used to assess and treat minor conditions, and monitor chronic conditions of patients and no appointment is required. The wait time is usually less than 15 minutes. (Keckley, Ph. D. , P. H. , 2008). Inventory decisions – The minute clinics are a new way to see patients that may have less urgent needs such as; sore throat, pink eye, minor cuts and burns, or chronic diseases that may need monitoring.The clinics offer walk-in services to anyone, and they have the ability to look up patient records through Electronic medical records (EMR) leaving no paper record needing to be stored. Centers are being staffed by nurse practitioner and physician assistants with assistance of proprietary technology designed to help diagnose and treat non-serious medical conditions. These centers are now being seen in many pharmacy chain stores and even places like Wal-Mart and Target.Jumping on the band wagon so to speak, Mayo clinic sees the Minute Clinics as a source of patient referrals for their physicians as some patients that come for treatment will be referred to a Mayo Clinic doctor if there is a need for follow up or if their presenting condition needs more treatment then the Minute Clinic can provide (Keckley, Ph. D. , P. H. , 2008). Price Cost-based pricing – Most health care is based on a health insurance system making payments based on a third party pay er system, so the price for care is usually set by entities outside of the doctor-patient relationship.Because of this system, providers do not need to compete for patients based on money prices. Medicare sets prices and national policies for health care services, while health insurance companies negotiate with providers for services and they offer incentives to reduce costs and reduce performing unnecessary procedures (Nelson, 2009). Value-based pricing – In comparison, Mayo is a high cost provider when compared to other Minnesota providers, and many insurance providers list Mayo in the bottom of their tiered health plans, based on cost not quality.Mayo may need to charge more to private pay patients to cover the shortfalls from uncompensated care and public payers (Medicare and Medicaid). â€Å"Because public payments rarely cover the cost of care, providers must charge private payers higher rates if they expect to stay in business† (Nelson, 2009,para 15). As we ente r into new reforms being designed to cut costs and improve quality care the current system is about to change and we can only hope for the better.Competition-based pricing – The Mayo Clinic is able to keep costs down, because they pay their physicians a salary and not on a fee for services like many other health care organizations do. Being a center for excellence, they rank higher in quality of care than other organizations which gives them an advantage when negotiating with insurance companies on the price for services. Because they have an integrated approach, they perform less unnecessary procedures than other organizations, which will keep a patients overall cost down (Nelson, 2009). PromotionCommunication plans – Mayo Clinic is on the cutting edge by initiating an electronic database which allows interaction with other physicians and shared information through an affiliation agreement and e-consultants. With changes coming in the health care delivery system, and payers, Mayo is aggressively expanding their affiliation with other providers. Being known as a center for excellence, they are often called to give a consultation on difficult cases. Becoming an affiliate of the Mayo Clinic gives the provider the ability to use their name in advertising as well as consult with the Mayo Physicians.The goal of Mayo Clinic is â€Å"to be the leader in efforts to get hospitals and physician groups to work together more effectively to improve quality and lower costs† (Graham, 2012). Public relations – Being a pioneer and leading the way is not new for the Mayo Clinic, being one of the first to initiate a Facebook web page that people can write on its wall and share all types of content, is a way of communicating and gaining customers. People are using the site to share stories about their own or a family members experience with the Mayo Clinic. These stories are than shared and â€Å"liked† making this a form of word of mouth.Many w ill visit the site which also offers information and short videos on different subjects, as well as health support issues. They also have Podcasts that are offered at the iTunes store, and it once reached 29th in the Top 100 (Rollyson, 2008). Advertising – Mayo has not spent a lot of money on advertising and relies on reputation to bring in the patients. However, when they opened the Florida clinic in 2008, patients were not banging down the doors so to speak and they realized they needed to do something to attract the patients (Weiss, 2009).They rely on word of mouth and have taken initiatives that bring awareness to the organization. Having a Facebook page, Twitter, YouTube, Podcasts, local television health segments that allow people to call with concerns or ask questions, monthly new magazine and by sponsoring community health events. Employees are also a source of advertising, many are happy to share the Mayo philosophy (â€Å"the needs of the patient come first†) with others. Sales and selling activity – Being a not for profit organization, they are more concerned with quality as this will bring quantity.The Mayo clinic offers advertising ads and sponsorships in their e-newsletters and magazines as well as community events that promote health awareness. However, their financial goals take a backseat to their mission, which is to focus on the patients and meeting the needs of the patient first. Making themselves present on social media sites as well as sponsoring community events that promote health awareness, they are able to draw attention to their name. Having a strong reputation for quality care and their desire to put the patients’ needs before the need for payment, sets a standard that many organizations could learn from.Overall the Mayo Clinic system and philosophy sets a standard that is in a class of its own. Gaining a reputation that has lasted over a hundred years as one of the best organizations to be a patient of o r to work for says a lot for the way they are doing business. Offering other facilities and organizations the opportunity to be affiliated with the Mayo system will continue to bring awareness to the brand and promote their way of helping people, while bring the medical profession together working as a team. Reference: Dickson, F. (2012, May 5).The Mayo Mystique. Marketing Health Services. Retrieved From: http://www. marketingpower. com/ResourceLibrary/MarketingHealthServices/Pages/2012/Spring%202012/The-Mayo-Mystique. aspx Fletcher, H. ( 2010, August). Truth in Advertising. North American Publishing Company. Retrieved from: http://www. targetmarketingmag. com/article/mayo-clinic-puts-straightforward-direct-mail-creative-test/1 Forbes. (2012, July 17). Still the One: Cleveland Clinic Retains Top Spot On US News & World Report Heart Hospital Rankings. Forbes. comLLC.Retrieved from: http://www. forbes. com/sites/larryhusten/2012/07/17/still-the-one-cleveland-clinic-retains-top-spot-on -us-news-world-report-heart-hospital-rankings/ Graham, J. , (2012, Aug. 24). Mayo Clinic Seeks to Extend it Reach with Series of Affiliations Around the Country. Henry J. Kaiser Family Foundation. Retrieved from: http://www. kaiserhealthnews. org/Stories/2012/August/24/Mayo-Clinic-Extends-Reach. aspx Hathaway M. , & Seltman, K. (2001, Winter). International Market Research at the Mayo Clinic. Marketing Health Services.

Plaw 210 Memorandum of Law Essay

You asked me to answer the question, â€Å"Are the Virginia courts likely to follow the unconscionability doctrine as set out and applied in Jones v. Star Credit Corp.†, based on the opinion and rulings of previous similar cases. SHORT ANSWER The Virginia courts are highly likely to follow the unconscionability doctrine that has been set out and applied in Jones v. Star Credit Corp. The Jones purchased a freezer unit from Star Credit Corp for $900, three times the retail value of the unit. In this case, the court held that the contract between parties was unconscionable because it violated [HN2] U.C.C.  § 2-302 (1964), which is set in place to prevent the oppression and unfair surprise of the consumer. Jones v. Star Credit Corp., 298 N.Y.S.2d 1 (Sup. Ct. 1969) The U.C.C.  § 2-302 (1964) enacted the moral sense of the community into the law of commercial transactions. Jones v. Star Credit Corp., 298 N.Y.S.2d 1 (Sup. Ct. 1969) There was no fraud involved in this case. Jones v. Star Credit Corp., 298 N.Y.S.2d 1 (Sup. Ct. 1969) [HN6] U.C.C.  § 2-302 explains that the meaningfulness of choice essentials to the making of a contract can be negated by a gross inequality of bargaining power. Jones v. Star Credit Corp., 298 N .Y.S.2d 1 (Sup. Ct. 1969) Since the salesman was aware of the plaintiff’s limited financial funds, and coerced them into signing the agreement, then that agreement is deemed unconscionable under this law. Jones v. Star Credit Corp., 298 N.Y.S.2d 1 (Sup. Ct. 1969) ANALYSIS 1. Jones v. Star Credit Corp. Standard of Unconscionability Plaintiffs Clifton Jones and his wife, both welfare recipients, purchased a $900.00 home freezer unit, with a maximum retail value of $300.00, for a total of $1,234.80. Jones v. Star Credit Corp., 298 N.Y.S.2d 1 (Sup. Ct. 1969) Their income is grossly unequal to the salesman. Jones v. Star Credit Corp., 298 N.Y.S.2d 1 (Sup. Ct. 1969) The total price of the home freezer unit included the credit charges, credit life insurance, credit property insurance, and  sales tax. Id. Their first payment towards this unit was $619.88. Jones v. Star Credit Corp., 298 N.Y.S.2d 1 (Sup. Ct. 1969) Star Credit Corp, the Defendant, claims that with the various added credit charges paid for an extension of time the Jones still owes a balance of $819.81 Jones v. Star Credit Corp., 298 N.Y.S.2d 1 (Sup. Ct. 1969) The credit charges alone exceed more than $100.00 the retail value of the unit. Jones v. Star Credit Corp., 298 N.Y.S.2d 1 (Sup. Ct. 196 9) Plaintiff argues that the sales agreement was unconscionable according to the Uniform Commercial Code, U.C.C.  §2-302 (1964), which is intended to encompass the price term of an agreement. Jones v. Star Credit Corp., 298 N.Y.S.2d 1 (Sup. Ct. 1969) As welfare recipients, the Plaintiff(s) has/have limited finances; therefore the Defendant was able to take advantage of [them]. Jones v. Star Credit Corp., 298 N.Y.S.2d 1 (Sup. Ct. 1969). This was taken into consideration, also whether or not an exploitive and callous act had taken place. Id. â€Å"The very limited financial resources of the purchaser, known to the sellers at the time of the sale, is entitled to weight in the balance. Indeed, the value disparity itself leads inevitably to the felt conclusion that knowing advantage was taken of the plaintiffs.† Jones v. Star Credit Corp., 298 N.Y.S.2d 1 (Sup. Ct. 1969). The court ruled in the Plaintiffs favor, declaring that the defendant has been amply compensated by the $600.00+ already paid. Jones v. Star Credit Corp., 298 N.Y.S.2d 1 (Sup. Ct. 1969) The court believes that the sale of a freezer unit having a retail value of $300.00 being sold for $900.00, not including credit charges and $18.00 sales tax is unconscionable as a matter of law. Jones v. Star Credit Corp., 298 N.Y.S.2d 1 (Sup. Ct. 1969) a. Derby v. Derby, 378 S.E. 2d 74 (Va. Ct. App. 1989) Sandra A Derby was seeking a divorce from her husband, George E. Derby, of 22 years. Derby v. Derby, 378 S.E. 2d 74 (Va. Ct. App. 1989) Husband filed a cross-bill on claims of his wife’s adultery, and persuasion to sign a property settlement agreement without consultation with counsel. Derby v. Derby, 378 S.E. 2d 74 (Va. Ct. App. 1989) The husband claimed he was coerced into signing the papers with a false pretense of his wife’s eventual return to the family home. Derby v. Derby, 378 S.E. 2d 74 (Va. Ct. App. 1989) In this case, Sandra A. Derby had been married to George E. Derby, Jr. for 22 years before seeking a divorce alleging cruelty. Derby v. Derby, 378 S.E. 2d  74 (Va. Ct. App. 1989) The wife managed to persuade her husband to amend their property settlement agreement, allowing her to receive the entire value of essentially all of the valuable real estate that they owned. Derby v. Derby, 378 S.E. 2d 74 (Va. Ct. App. 1989) This took place in a parking lot with no consultation or counselor present. Derby v. Derby, 378 S.E. 2d 74 (Va. Ct. App. 1989) The husband explained that he signed the agreement because he thought if he did, his wife would return to the home. Derby v. Derby, 378 S.E. 2d 74 (Va. Ct. App. 1989) Evidence of his wife’s adultery was presented at trial and the husband was granted a divorce on that ground by the trial court. Derby v. Derby, 378 S.E. 2d 74 (Va. Ct. App. 1989) The trial court also held that the separation agreement was invalid due to terms of unconscionability and constructive fraud or duress. Derby v. Derby, 378 S.E. 2d 74 (Va. Ct. App. 1989) The courts applied this rule because a contract can be deemed unconscionable if â€Å"oppressive influences affected the agreement to the extent that the process was unfair and the terms of the resultant agreement unconscionable.† Derby v. Derby, 378 S.E. 2d 74 (Va. Ct. App. 1989) Also, the separation agreement can be held as invalid because â€Å"marriage and divorce create a relationship which is particularly susceptible to overreaching and oppression.† Derby v. Derby, 378 S.E. 2d 74 (Va. Ct. App. 1989) This case applied to Jones v. Star Credit Corp. b ecause the plaintiff was taken advantage of by the defendant. Derby v. Derby, 378 S.E. 2d 74 (Va. Ct. App. 1989) The wife had knowledge of inflicted emotional distress on her husband when she coerced him to sign the agreement. Derby v. Derby, 378 S.E. 2d 74 (Va. Ct. App. 1989) The trial judge held, and the evidence supports that finding, that Mrs. Derby, â€Å"played upon the weakness of her husband and his desire to reconcile† to exact Mr. Derby. Derby v. Derby, 378 S.E. 2d 74 (Va. Ct. App. 1989) The Virginia court affirmed the order granting the divorce and invalidating the separation agreement. Derby v. Derby, 378 S.E. 2d 74 (Va. Ct. App. 1989)The court affirmed the order for divorce on grounds of adultery, also holding that the separation agreement was unconscionable due to credible evidence. Derby v. Derby, 378 S.E. 2d 74 (Va. Ct. App. 1989) b. Friendly Ice Cream Corp. v. Beckner, 597 S.E. 2d 34 (Va. 2004) In this case, Beckner and her husband entered into a commercial lease with Friendly Ice Cream Incorporation commencing in 1976 with an original term limit of 15 years. Friendly Ice Cream Corp. v.  Beckner, 597 S.E. 2d 34 (Va. 2004) Lease required annual payment of 2% of the store’s g ross earnings above $275,000. Friendly Ice Cream Corp. v. Beckner, 597 S.E. 2d 34 (Va. 2004) In 2002, Mrs. Beckner signed agreement to redevelop the property. Friendly Ice Cream Corp. v. Beckner, 597 S.E. 2d 34 (Va. 2004) Shortly after, Beckner’s son indicated concern for his mother’s actions, thus requesting the documents be considered invalid and withdrawn for further consideration. Friendly Ice Cream Corp. v. Beckner, 597 S.E. 2d 34 (Va. 2004) This is considered establishing a prima facie case of undue influence. Friendly Ice Cream Corp. v. Beckner, 597 S.E. 2d 34 (Va. 2004) If the party seeking rescission of the deed or contract produces clear and convincing evidence of great weakness of mind and grossly inadequate consideration or suspicious circumstances, and absent sufficient rebuttal evidence, is entitled to rescission of the document. Friendly Ice Cream Corp. v. Beckner, 597 S.E. 2d 34 (Va. 2004) The trial court found that Beckner suffered from â€Å"great weakness of mind† and the consideration was grossly inadequate and the transaction had taken place under suspicious circumstances; however court found no support of a grossly inadequate compensation. Friendly Ice Cream Corp. v. Beckner, 597 S.E. 2d 34 (Va. 2004) The Virginia court found, on the contrary, that the lesser, Beckner, was a business woman. Friendly Ice Cream Corp. v. Beckner, 597 S.E. 2d 34 (Va. 2004) On March 22, 2002, Ms. Beckner filed a bill of complaint against Friendly and FriendCo. Friendly Ice Cream Corp. v. Beckner, 597 S.E. 2d 34 (Va. 2004) The chancellor entered into judgment, ruling in Ms. Beckner’s favor on Count II of her Bill of Complaint-grossly inadequate consideration. Friendly Ice Cream Corp. v. Beckner, 597 S.E. 2d 34 (Va. 2004) The court reversed the trial court’s decree rescinding the amendment to the lease and requiring repayment of funds by Mrs. Beckner. Friendly Ice Cream Corp. v. Beckner, 597 S.E. 2d 34 (Va. 2004) Galloway v. Galloway, 622 S.E. 2d 267 (Va. Ct. App. 2005) Diana Ruth Galloway, former spouse, appeared before the court seeking review of the Mathews County Circuit Court’s ruling reversing the trial court’s ruling that the property settlement agreement between wife and former husband was unconscionable under Va. Code Ann.  §20-151. Galloway v. Galloway, 622 S.E. 2d 267 (Va. Ct. App. 2005) Wife failed to prove any  overreaching by the husband, even if she had been able to prove a gross disparity in the division of assets. Galloway v. Galloway, 622 S.E. 2d 267 (Va. Ct. App. 2005) Also there was no clear and convincing evidence of overreaching or oppressive behavior by the husband. Galloway v. Galloway, 622 S.E. 2d 267 (Va. Ct. App. 2005) The parties were married on June 1, 1984, and separated on October 1, 2001. Galloway v. Galloway, 622 S.E. 2d 267 (Va. Ct. App. 2005) They had neither born nor adopted children into this marriage. Galloway v. Galloway, 622 S.E. 2d 267 (Va. Ct. App. 2005) After their separation in 2001, husband brought the property settlement agreement to wife’s apartment where the wife read it and proposed no changes. Galloway v. Galloway, 622 S.E. 2d 267 (Va. Ct. App. 2005) The agreement was executed on September 29, 2001. Galloway v. Galloway, 622 S.E. 2d 267 (Va. Ct. App. 2005) The commissioner found the agreement to be unconscionable, because there was a â€Å"gross disparity† that existed between the value of the property each party would receive. Galloway v. Galloway, 622 S.E. 2d 267 (Va. Ct. App. 2005) The trial court sustained husband’s objection to the commissioner’s finding of unconscionability. Galloway v. Galloway, 622 S.E. 2d 267 (Va. Ct. App. 2005) This case relates to Jones v. Star Credit Corp in the similarity of monetary value. The freezer was worth a lot less than was priced; the Jones were unaware of the actual value of the unit. Similarly, in thi s case, the value of the property was not made known to the wife. Chaplain v. Chaplain, 682 S.E. 2d 108 (Va. App. 2009) Appellant wife, Rabha Chaplain, â€Å"challenged the order of the Circuit Court of the city of Virginia Beach (Virginia), which granted appellee husband’s motion to strike the wife’s evidence and found that the parties’ premarital agreement was not unconscionable on its face and was enforceable.† Chaplain v. Chaplain, 682 S.E. 2d 108 (Va. App. 2009) The wife had no source of income and was also foreign, having limited knowledge of English, therefore not allowing her to read or understand the agreement. Chaplain v. Chaplain, 682 S.E. 2d 108 (Va. App. 2009) She claimed that her husband had also failed to sit down and explain the terms of the agreement to her before it was executed. Chaplain v. Chaplain, 682 S.E. 2d 108 (Va. App. 2009) The wife’s native language was Arabic, having lived in Morocco until the summer of 1996. Chaplain v. Chaplain, 682 S.E. 2d 108 (Va. App. 2009) Six months after  coming to the United States to visit her brother, she met her husband. Chaplain v. Chaplain, 682 S.E. 2d 108 (Va. App. 2009) They were married on September 4, 1997. Chaplain v. Chaplain, 682 S.E. 2d 108 (Va. App. 2009) She spoke limited English and relied on a translator. Chaplain v. Chaplain, 682 S.E. 2d 108 (Va. App. 2009) Husband testified that she could read the English menu in a Chinese restaurant. Chaplain v. Chaplain, 682 S.E. 2d 108 (Va. App. 2009) Within two months of meeting, parties became engaged. Chaplain v. Chaplain, 682 S.E. 2d 108 (Va. App. 2009) The wife signed a premarital agreement â€Å"because she trusted her husband.† Chaplain v. Chaplain, 682 S.E. 2d 108 (Va. App. 2009) She had no knowledge of what the agreement held, or that it was a premarital agreement. Chaplain v. Chaplain, 682 S.E. 2d 108 (Va. App. 2009) She thought it was just â€Å"a paper for marriage†¦like [a] license or something.† Chaplain v. Chaplain, 682 S.E. 2d 108 (Va. App. 2009) This case also relates to Jones v. Star Credit Corp because the husband failed to disclose a [his] net worth to his wife prior to the execution of the agreement. He declared to his wife that he was a â€Å"poor man† and â€Å"didn’t have the money much.† Chaplain v. Chaplain, 682 S.E. 2d 108 (Va. App. 2009) Jessee v. Smith 278 S.E. 2d 793 (Va. 1981) Jessee, Plaintiff, sued store owner, Smith, seeking $2673.26 for labor pursuant to an oral contract for interior finishing work. Jessee v. Smith 278 S.E. 2d 793 (Va. 1981) The parties are disputing the method of determining the labor charge, there being evidence that the plaintiff’s oral contract aligned with the trade custom. Jessee v. Smith 278 S.E. 2d 793 (Va. 1981) The trial court held that there had been no meeting of the minds concerning the labor price and the price demanded by plaintiff was â€Å"exorbitant† and contrary to public policy. Jessee v. Smith 278 S.E. 2d 793 (Va. 1981) The Defendant, Jesse, a carpenter, testified that he was asked by Smith and by Brenda Garrett, manager of Smith’s store in Norton, if he would finish the work on the interior of the store for a price of â€Å"cost plus ten percent.† Jessee v. Smith 278 S.E. 2d 793 (Va. 1981) He declined and presented a† cost plus twenty-five percent†, explaining he would have to pay for the materials. Jessee v. Smith 278 S.E. 2d 793 (Va. 1981) Garrett called Smith at home and told him to â€Å"go ahead and start on Monday.† Jessee v. Smith 278 S.E. 2d 793 (Va. 1981) Smith refused to pay when Jessee presented  Smith with a labor bill of $2,673.26, representing 125% of the cost of the materials. Jessee v. Smith 278 S.E. 2d 793 (Va. 1981) Smith contended there had been a misunderstanding concerning the labor charge. Jessee v. Smith 278 S.E. 2d 793 (Va. 1981) The trial court moved to strike down the evidence of the oral contract. Jessee v. Smith 278 S.E. 2d 793 (Va. 1981) It also ruled the contract unenforceable on the ground of public policy. Jessee v. Smith 278 S.E. 2d 793 (Va. 1981) The judge had reasoned the labor charge was â€Å"exorbitant.† Jessee v. Smith 278 S.E. 2d 793 (Va. 1981) The courts reversed the trial court’s judgment, which dismissed the carpenter’s action against the store owner to recover under an oral contract, because they failed to submit the contract question to the jury. Jessee v. Smith 278 S.E. 2d 793 (Va. 1981) The case was remanded for a new trial, if the parties were advised to do so. Jessee v. Smith 278 S.E. 2d 793 (Va. 1981) This case is similar to Jones v. Star Credit Corp. because monetary value was an issue of controversy. The monetary value of this job was not made clear or explained properly to the Plaintiff beforehand. Conclusion Because the salesman was dishonest in his dealing with Jones, and did not reveal the actual price value of the home freezer unit, the courts will find the contract unconscionable based on previous rulings of similar cases. Jones v. Star Credit Corp., 298 N.Y.S.2d 1 (Sup. Ct. 1969) The Virginia court will apply the same standard as set forth in Jones, and will not apply any other standard. In each of these cases, people were misled into or coerced into signing a contract, when they were unsure of the terms and conditions, and were without counsel, causing the defendant to feel as if they had the upper right hand in the matter. In each case the plaintiff was left unknowing the actual monetary value of the issue, the defendant failed to reveal it. A contract is considered unconscionable when the defendant does not take the proper steps to ensure that the plaintiff is made fully aware and understands what is involved in the contract, and also the exact monetary value in the contract. So in answer to the presented question, yes, the Virginia courts are highly likely to follow the unconscionability doctrine that has been set out and applied in the Jones v. Star Credit Corp. case.

European History (Gender History) Essay

The history of feminism has developed into a major field in recent years. Scholars from many disciplines and writers in many countries explore the ways in which women’s oppression has been represented, discussed, and resisted in the past few centuries. In Burdens of History: British Feminists, Indian Women, and Imperial Culture, Burton characterizes her book as a history of `discourse`. Antoinette Burton has revealed the intensity, the extent, the duration, and the complexity of the concern to understand significant but neglected historical extent of the relationship between feminism and imperialism. Until quite recently, feminist discussion and debate was seen fragmentary. In her work, Burton argues that it is possible to construct a more or less continuous history of British feminism, recognizing imperial feminist ideologies. Antoinette Burton developed an immense interest in the relationship between feminism and imperialism. Burton discusses the endorsement of the racism and imperialist ideals by many white feminists, and the assumption by British feminists of their own particular version of the ‘white man’s burden’. This interest in the history of feminism and the sense of its expansiveness has come from a number of different fields. The writer explored the ideas, lives, and activities of feminist writers and activists. The novels of Fanny Burney, Mary Hays, Jane Austen and George Eliot, and the poetry of Elizabeth Barrett Browning, have thus been encompassed within recent discussions of the history of feminism alongside the novels of Sarah Grand, Olive Schreiner and Virginia Woolf. The feminist underpinnings, or the implications for feminism of a range of political, social, and philanthropic ideas and activities have also been examined and explored. Burton stressed the need to recognize the relationship between changing ideas about the women’s role. Burton’s book has served not only to expand but also to transform the history of feminism. It made clear both its immense scope and its complexity. On the one hand, it is now clear that feminist ideas and debates have existed and been elaborated more or less constantly over the last two centuries. On the other hand, the question of feminism itself – of what it means and what it encompasses – has become much more complex. Once feminism meant a concern with gaining equal political and legal rights for women. In Burton’s book, feminism is now seen as at best a small part of what the term covers. In recent literature far more emphasis has been placed on feminist concerns with the sexual oppression of women. They were described as objects of male desire rather than as sexual subjects seeking to articulate and express their own desires. Interrogating the meaning of sexual difference and exploring what it means to be and to live as a woman are major writer’s interests. The book establishes a variety of new challenges for anyone seeking to explore feminist ideas and debates. This is not only because of the changing frameworks. It is also because of changes and new developments which have been brought to the study of history from literary theory and from cultural studies. The shift away from authorial intention towards meaning or readings in discussing literary texts has had a significant impact on thinking about feminism. Antoinette Burton writes about mid-Victorian feminism. She argues that as mid-Victorian feminism was specific in its class base and worked with social and sexual ideals derived from that class, so too it was very specific in its sense of both national and imperial identity. Like Mary Wollstonecraft, many mid-Victorian feminists possessed a powerful sense of themselves, not so much as British, but as English women. This period saw the advent of a new form of imperial feminism. The general sense of the superiority of the West, in terms of the status of its women-which was so central for Mary Wollstonecraft and caused a particular form of ‘feminist orientalism’ – gave way to a specific concern with the status of Indian women. These women were seen as being in particular need and were regarded as the special responsibility of their more enlightened and more fortunate English sisters (29). The close relationship between feminism and philanthropy in the mid-nineteenth century established the framework through which feminism expanded to include imperial projects and ideals. The rate and the importance of imperial expansion in the mid-nineteenth century made the needs of the colonies significant. This occurred almost as soon as the widespread involvement of women in philanthropy came to be accepted. As Antoinette Burton has argued, ‘our magnificent colonies’ became the natural ground for the practice of British women’s philanthropy, offering a whole new range of avenues which provided relief from the constraints on their reform activities at home. Philanthropic work within the colonies also became a source of collective national pride (17). Following on concern about the education of Indian women, British feminists planned a scheme with send trained British ‘lady teachers’ to India to preside over a number of girls’ schools. Feminists’ enthusiasm was effective in raising money, and in interesting British women both at home and in India in the reform of girls’ schooling. After an initial emphasis on sending British women to India, scholarships were provided to train Indian women as teachers as well. The concern about education was followed by one about women’s health. There also was concern about the need for the provision of women doctors to Indian women who would not countenance male doctors. Here too, money was raised both in Britain and in India to provide training, initially for British women, but also for Indian women to become doctors. As Antoinette Burton points out, there was throughout all of this some recognition of the abilities and the achievements of specific Indian women. But overall, the schemes directed towards India were seen as ones necessarily begun and mainly carried out by British women on behalf of their less educated and passively suffering Indian sisters. The whole question of British women in India in the nineteenth century has become the subject of increasing discourse. On the one hand, it is clear that the significant numbers of British women who became immensely concerned about the condition of Indian women should to be revised. These women worked, sometimes quite effectively, to keep alive in the public mind their needs and interests. On the other hand, some of these women came to know and appreciate Indian women, and to make themselves mouthpieces for the goals that Indian women set. Other women both in India and in Britain assumed that their own high level of education and development made them the ones best suited to know what Indian women needed. In general, Antoinette Burton argued that the aims and objectives sought by feminists in Britain set the framework for women’s emancipation everywhere. British feminists regarded themselves as experts on India after a visit. Their campaigns simply involved the application of British programs to the Indian situation. The British feminists who learned about these missionary struggles could only be strengthened in their own sense of moral and racial superiority. That consciousness, as Antoinette Burton has demonstrated in the context of India, contributed significantly to the ‘domestic culture of imperialism’. Unfortunately, feminists who responded by embracing imperialism tended to propagate generalized images of backward and oppressed ‘Oriental’ womanhood. Burton has emphasized the dangers for British feminism in the assumption that a supposedly superior elite among women could speak for the less privileged and fortunate (210). In particular, the desire to emancipate women could easily become a desire to control them. Ultimately, for Burton, each new venture served more fully as a means for British feminists to show their own fitness for political rights and responsibilities through their preparedness and capacity to take on their own particular imperial burden.

TIME WARNER CASE Study Example | Topics and Well Written Essays - 250 words

TIME WARNER - Case Study Example Statistics proves that the cable industry and the broadband market are in a growing phase. The cable penetration is almost touching 0.7 per one household as per the statistics of 2003. The broadband subscribers have increased by 44.78% in 2003 in respect to 2001. Considering this statistics and the household base of Kansas City to be 321,000 we can expect the business to grow. With a 50% market share we can expect the gross profit to be around $70, 45,950. It will important for us to know the pricing of Everest on a time to time basis, so that we can evaluate our pricing accordingly. At the same time we need to expand our base to the wider section of the metropolitan, which will provide us more coverage and market share than Everest. It is quite clear that HDTV is becoming a major component in our marketing booty. In order to plan a promotional and marketing plan, we must first understand the need of HDTV in the households. Statistics proves that the cable industry per se has decreased significantly in 2003 as compared to the 1993. It has decreased almost 20% since then. However, the Direct broadcast satellite (DBS) industry has improved manifolds. As of 2003 the percentage is 21.3% which was only 0.12% in the year 1993. In view of the above information we first need to segment the section of the population where we can target our HDTV service. Since the package is quite attractive at $5.99 per month in certain areas. The only constraint is the price of the HDTV sets. At the same time the programming aspect needs to be taken care of. Hence, we need to plan how to reduce the cost of the HDTV sets. This can only be done through large scale marketing and promotional activities, along with discounted rates. We can plan to tie up with a few HDTV manufacturing companies, which will ensure discounted price of the sets. The cost can also be borne with the programming companies which can add value to their programs. The business health of

Are Mergers the most appropriate method of strategic growth in todays Essay

Are Mergers the most appropriate method of strategic growth in todays business environment - Essay Example This will be followed by an explanation of key terms namely: mergers, acquisitions, alliances and joint ventures. The main body of the paper will identify the issues and challenges of external methods of strategic growth as well as well as to attempt to establish how these relate to today’s business environment. According to BusinessDictionary (2013), strategic growth is growth aimed at winning larger market share even at the expense of short term earnings. There are four broad growth strategies namely product development, diversification, market penetration and product development. Campbell, Gaule & Morrison (2005) also suggest that â€Å"growth in profits can come from improving the profitability of the existing revenue stream, expanding existing businesses by gaining market share or extending into new markets or products, or entering one or more new businesses by acquisition, joint venture or greenfield investment.† On the other hand, Liabotis (2007) posits to the ef fect that growth strategy can be achieved through growing the core business, growing by sub-segmenting the customers as well as growing adjustment opportunities. As a point of departure, it is imperative to explain the meaning of key terms highlighted above. Weinberg and Blank (1979) â€Å"define merger as an arrangement whereby the assets of two companies become vested in or under the control of one company,† (as cited in Marimuthu, 2008, p. 8). On the other hand, an acquisition can be defined as any transaction where a buyer acquires the assets of the other company and eventually takes control of them (Scharf,1971 as cited in Marimuthu, 2008). A joint venture is a strategic alliance where two or more people or companies agree to contribute goods, services and or capital to a common commercial enterprise (Cook, 2010). The main advantage of joint ventures is related to access and sharing of resources among the partners which can also contribute to the joint ventures profitabi lity. However, this paper will specifically focus on mergers and acquisitions and their contribution to strategic business growth during the contemporary period. There are different reasons why mergers are carried out by different companies. The merging companies will be seeking to increase their market share since they may be joining operations with successful companies in the market. The other reason is that the merged companies may be seeking to gain the skills and expertise of the other employees from the other company as they will cross the floor when a major has taken place. Growth can be achieved through product development, diversification, market penetration or market development (Kotler, 2003). Ansoff suggests that the growth strategy of a company mainly depends on two variables, whether it is the desire to develop new products or new customers as shown in appendix 1. More customers for a specific product can contribute to an increase in the company’s market share. The major aim of various businesses is to attract customers who form the foundation of the organization. In order to attract new customers, there may also be need for developing the products so that they can appeal to a large number of the targeted customers. Product expansion is mainly concerned with keeping the same market of customers while at the same time trying to increase sales through offering more products (Kotler, 2004). This can be achieved through identification of the changes in the customers’

Community Reinvestment Act Essay Example | Topics and Well Written Essays - 1250 words

Community Reinvestment Act - Essay Example Bylsma (1997) included comments from interagency letter that was forwarded to him this implication: "Examiners will presume that an activity revitalizes or stabilizes a low- or moderate-income geography if the activity has been approved by the governing board of an Although the four financial regulatory agencies neither endorse nor certify particular lending or investment products, this implication keeps businesses that are applying for credit accountable to the banking institutions. Banking institutions carry a burden too and are held accountable to the community and said geography. Banks must help meet the credit needs of their communities. There are many federal regulations that the banking institutions must meet. These include, but are definitely performance tests, standards, and ratings; lending tests; investment tests; strategic planning; data collection, reporting, and disclosure; content and availability for public file, etc. Having stated this, banking institutions are being held accountable to their communities. I do not think the Community Reinvestment Act is taken seriously because there were much planning and work involved. The designation and duties of Governors of the Federal Reserve System, the Officer of the Comptroller of Currency, Office of Thrift Supervisors, and Federal Deposit Insurance Corporation (just to name of few) comprise of so much detail and responsibilities.

Experts Connection Research Paper Example | Topics and Well Written Essays - 750 words

Experts Connection - Research Paper Example Administrators of special education programs need to be aware of the issues in special education so as to deal with them effectively. Special education programs are designed to cater for the needs of students with sensory or physical disabilities, emotional difficulties, behavioral difficulties, communication problems, medical/health conditions and learning difficulties (Simpson & Sonja, 2009). There are many issues in special education programs. They include legal issues, funding issues and personnel issues among others (Pardini, 2002). It is important for administrators of special education programs to comprehend these issues so as to effectively manage the programs and deal with problems that may arise. These administrators of special education programs that serve students who receive special education services should be aware of all the potential issues that may face the programs. Administrators of special education programs are faced with numerous legal issues. There are laws that are designed to protect the rights of learners with disabilities. These legislations should be clear to the administrators of special education programs so that they can be able to comply with the law when managing special education programs and serving the educational needs of students with special needs. An example of such legislation is the Individuals with Disabilities Education (IDEA) Act which is meant to ensure education for children with disabilities in public schools in the most conducive environment (Cortiella, 2009). The law stipulates that special designed instructions and services should be provided to all students with special needs and disabilities. Another example is the No Child Left Behind (NCLB) Act, under which all educational programs in the US are governed. The laws governing special education do so at both state and federal

Setting and Theme of these stories Essay Example | Topics and Well Written Essays - 1000 words

Setting and Theme of these stories - Essay Example The plot type is tragedy, and the novel is about depressed, hopeless and saddened characters, which endure hardships and loss. The novel focuses over the wanted success of different characters, and it describes their dreams. The needed relationships in life, friendship and loneliness of characters are the elements contained in this novel that makes it worth reading. The themes of the novel include pain of loneliness and tragedy of mental retardation. Locations discussed in this novel are the California farm, Salinas River and villages. Author is sympathetic to the characters, yet he does not give them a happy ending. Even till now, it is argued that the novel is emphasizing over hope, happiness and joys of life or it takes its reader into depression. The style of this novel is naturalist, which relates to the depressing literary style. The tone of the author throughout the novel is gloomy and dismal. Steinbeck is a naturalist writer and for the naturalist writers the human characters are more like a human-beast as they seem to be the victim of others around them. In the novel, the author has referred Lennie as a â€Å"bear† and â€Å"horse†. The author does not describe his characters as evil or good as he believes that they are controlled by their environment, chances or heredity. The author does not represent its characters by enforced judgment about their actions; he just presents the characters as they are. He mirrors his characters through the writing style. The language used is simple but compelling. Author keeps the language simple, straightforward and descriptive. A famous novel A Tale of Two Cities is written by Charles Dickens, the novel portrays the scene and circumstances in London and Paris during French Revolution. This novel consists on three books named Recalled to Life, the Golden Thread and the Track of a Storm. The

Amputation Mishap, Negligence Cited Research Paper

Amputation Mishap, Negligence Cited - Research Paper Example To protect the rights and safety of patient’s certain terms are devised to distinguish between the low qualities of attention paid by Health Care Staff. Negligence is tolerated to some extent, but gross negligence and malpractice raises legal queries and requires authentic actions to ascertain the rights of all. Negligence is an act of failure to provide the required care or attention towards a medical patient, which is his fundamental right. It is a type of slack attitude of carelessness of a health care personal towards the owed responsibility of care and attention, directly affecting lives of people in need of medical attention. If health care staff is unable to provide the legal care with responsibility, which is designed for the sole purpose of care and safety, the personal is said to be negligent towards his obligations. (Ignatavicius,2010).   Gross Negligence is an incurable act of carelessness which comes into the category of extreme negligence. As adults, one is exp ected to be responsible for his actions in professional and private affairs. In healthcare sector mistakes and casual attitude can become a cause of serious damage to the person being taken care of. Thus, gross negligence is intolerable irresponsibility of a nurse, physician or any health care personal, which is lower the ordinary standard of care. It breaches other people’s privilege to protection. ... d as an intentional wrongdoing by nurses of physician, either due to lack of required skill or inability to meet the required standards, which results in fatal injury or death of a person in care. It also includes the deficiency of skill in certain training and failure to see the consequences of his actions. (Kelly, 2008) An article by A. Lowell â€Å"Amputation mishap, negligence cited†, tells the story of Joseph Benson a diabetic 62 year old, who received an amputation on the wrong leg. Benson, who suffered from poor circulation of blood, woke up after the surgery, to his horror he was amputated in the right leg below the knee instead of left which needed treatment. The article states it as a negligent act, but actually it was gross negligence posed by the hospital staff. The gross negligence or malpractice on the part of hospital and physician, who operated surgery, is a case which requires urgent action from the authorities. Benson has not filed a case of malpractice again st the Hospital of Neighborhood, but he completely holds the right to do so. On his behalf the cost of gross negligence by Nurses and Physician, would only be endured by him. Due to gross negligence a legal term in such cases, Benson has faced irreversible loss. Patients suffer greatly especially from low supervision of Nurses. According to NPA (Nursing Practice Act), Nurses are accountable for the decisions they make regarding the patient’s under their care. They have an obligation of taking care of patients regardless of their race, cast or financial status. Code of ethics for nurses is used often in the malpractice cases as evidence where a nurse neglects the need of a patient (Westrick, 2009). In Benson’s case, the documentation was wrong, which specifically directs negligence on the part

Motivation and Behavior Essay Example for Free

Motivation and Behavior Essay Motivation refers to the process that drives an organism to behave the way it does. Simply put motivation causes an organism to eat, sleep, and drink and individuals to participate in the activities they find satisfying. Motivation can separate people into two categories optimist and pessimist. Optimists are those looking for the good in situations and pessimists finding the bad. Motivational sources can be described as extrinsic and intrinsic. Extrinsic is the motivation that comes from outside of the individual. Intrinsic is the motivation of an individual that comes from within. Motivation affects an organism’s behavior. Dr. Whitbourne describes six theories in here article from psychology today; instinct, drive reduction, arousal, incentive, cognitive and self-determination. Motivation As defined by psychology.about.com, motivation is defined as the process that initiates, guides and maintains goal-oriented behaviors. Motivation is the psychological process that tells humans what to do. A motivation causes humans and other species to drink, eat, play, sleep and reproduce. Without motivation there would be no reason for accomplishing anything. Within the motivation process there are different factors with each individual. Motivation can come in the form of positive motivation and negative motivation. These motivating factors eventually lead to an emotional state within the individual. Generally motivation creates to type of individuals that society recognizes and relates with; optimist and pessimist. Optimistic is disposed to take a favorable view of events or conditions and to expect the most favorable outcome, (â€Å"Optimistic,†2012). These are the individuals who tend to have a positive outlook on life. In most cases these individuals are look for the good in every situation. From dictionary.com, pessimistic is pertaining to or characterized as the tendency to expect the worst and see the worst in all things. Pessimists are those individuals who see the worst in everything. Sources of Motivation Extrinsic/Intrinsic Extrinsic is defined by dictionary.com as, not essential or inherent; being outside a thing; outward or external; operating or coming from without, (Extrinsic, 2012). Extrinsic motivation is simply that, things that motivate from the external. When looking at individuals who have extrinsic motivation, they tend to not enjoy certain activities, (Huitt, 2011). They tend to be a reward based group and need affirmation from an outside source. Throughout society many people can be found to fit this category of motivation. As shown a person who only writes poems to be submitted to poetry contests as well as a person who does not like sales but accepts a sales position for the amount of money he/she will make, (Psychology, n.d.). Intrinsic is defined by dictionary.com as, belonging to a thing by its very nature; of or relating to the essential nature of a thing; inherent, (Intrinsic, 2012). If extrinsic is from the external, the intrinsic is from within the individual. These individuals to things because it please them and they find the activity enjoyable, (Psychology, n.d.). These people are not concerned as much with what the outside world or society thinks. They are motivated from within. An example shows, playing chess because the individual enjoys effortful thinking, and a person reading a non-fiction book because they are curious about the topic, (Psychology, n.d.). Motivation and Behavior From an article written by Susan Drauss Whitbourne, Ph.D. motivation as the cause of behavior is examined. In her article Dr. Whitbourne discuss insights to explain the complexity of behavior. The instinct theory as Dr. Whitbourne refers to it as the biological set instincts that organisms have, (â€Å"Motivation: the whys of behavior,† 2011). These factors are what tell organisms to do in order to survive, such as the lion hunting the antelope or a flock of geese migrating south for the winter. The second she describes is the drive reduction theory, (â€Å"Motivation: the whys of behavior,† 2011). This theory talks about organisms and how they will try to just ensure that their needs are met and not look for anything else, (â€Å"Motivation: the whys of behavior,† 2011). The article goes on to discuss how critics argue that if this theory were true no one would do thinks that were considered risky, (â€Å"Motivation: the whys of behavior,† 2011). Third Dr. Whitbourne discusses the arousal theory, (â€Å"Motivation: the whys of behavior,† 2011). Arousal theory is the opposite of drive reduction, (â€Å"Motivation: the whys of behavior,† 2011). Arousal theory is the motivation which drives individuals to increase their stimulation and seek out things that are exciting and outside just what the individual needs, (â€Å"Motivation: the whys of behavior,† 2011). Dr. Whitbourne goes on to discuss 3 more theories such as the incentive theory, cognitive theory, and the self-determination theory, (â€Å"Motivation: the whys of behavior,† 2011).. Summary Motivation is the process that drives individuals to behave the way they do. Individuals are categorized into two, optimist and pessimist. There are multiple sources of motivations that can be describe as either extrinsic or intrinsic. Whatever the source, individuals are either motivated from within or the world around them. In an article written by Dr. Whitbourne, six theories are described which examine the â€Å"why of behavior.† References Extrinsic. (2012). In Dictionary.com Retrieved from http://dictionary.reference.com/browse/intrinsic Huitt, W. (2011). Motivation to learn: An overview.Educational Psychology Interactive. Valdosta, GA: Valdosta State University. Retrieved from http://www.edpsycinteractive.org/topics/motivation/motivate.html Intrinsic. (2012). In Dictionary.com. Retrived from http://dictionary.reference.com/browse/intrinsic Motivation: the whys of behavior. (2011, October). Fullfillment at Any Age, (), Retrieved from http://www.psychologytoday.com/blog/fulfillment-any-age/201110/motivation-the-why-s-behavior Optimistic. (2012). In Dictionary.com. Retrieved from http://dictionary.reference.com/browse/optimistic Psychology and society. (n.d.). Retrieved from http://www.psychologyandsociety.com/motivation.html

Quality Control

Quality Control DEFFINITION: Quality control is defined as the set of procedures intended to ensure that performed service or manufactured product sticks to a set of quality criteria or meets the requirements of the client. Quality control of a project is to determine the quality required for the products of the particular project.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Quality targets should meet all the basic requirements defined by the authorities of the project. Project management body of knowledge(PMBOK) approaches: Standards organisations for quality management system: ISO 9000 series ISO 9001:2008 rules Six sigma Ishikawa Crosby ISO 9001:2008 rules:- It is a set of procedures that cover all key processes in the business. Checking outputs for defects and correction where necessary Regularly checking quality system for effectiveness. Roles and responsibilities of quality manager: Roles of quality manager: You must be act as an objective observer even when you are looking at the subjective issues. When you ask questions you have to take a step backwards from answers. So that all you looking for data-whether numbers, reports and it may be observations. This combined data will lead you to what you need to know. Quality is not a finger pointing exercise for you or your employees. It is an honesty and open method to get the solutions at the objective observation. First of all look quality within your area before taking on to the world. Responsibilities of quality manager: Assist the preparation of the Quality Plan for each projectà ¢Ã¢â€š ¬Ã‚ ¢ Assign different roles to product managers and related stakeholders in the development of test procedures or whatever is needed to complete the preparation of Quality Control procedures.à ¢Ã¢â€š ¬Ã‚ ¢ Make sure that the stakeholders requirements from all products and services are well documented and prepared against the final products or services.à ¢Ã¢â€š ¬Ã‚ ¢ Install some updates to the Quality Plan to check problems at handà ¢Ã¢â€š ¬Ã‚ ¢ Provide feedback to the project manager on a regular basis or on demandà ¢Ã¢â€š ¬Ã‚ ¢ Conduct some additional audits or Quality Control reviews by demand of the project manager.à ¢Ã¢â€š ¬Ã‚ ¢ Assist various stakeholders in the process of improving production processes, QC processes or any other aspects of the ICT resources that need improvement.à ¢Ã¢â€š ¬Ã‚ ¢ Relation between process group and quality management process: Quality management has three kinds of processes Quality planning process Quality assurance process Quality control process 1. Quality planning: It serves which quality standards are relevant to the project and how to satisfy those standards .applying those quality standards in to project design is a key part of quality planning. quality plan should not be very long or expensive to produce them. It serves as plan and communication tool in the project. Inputs to quality planning: Scope statement which describes the vision of project. Organisational project assets which gives the lessons learned from the previous project Database which contains policies and procedures. Tools and techniques used in quality plan: Common sense is main tool when you decide the quality. Cost of quality is one of them. Quality objectives: It is a Systematic reflection and evaluation during different phases. Sets quality goals in the available time plan. Observing the priority areas which are necessary in the project. identifies strengths and potentials for improvement. Gives the measurements for the development of project. Outputs to quality management: There should be a list which describes tools and techniques used. A clean view which explains how do we measure quality. List of names who will review the quality. Check list gives feed back from all the viewers. Check list of quality  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Attachments Quality control management Document identification: scope plan Resource plan Schedule Budget Benchmarks Verification Testing Time estimate criteria Cost estimate criteria Technical procedures Technical policies Communications ISO standards PMI standards Customer satisfaction criteria 2. Quality assurance: It is the application of systematic, planned approach to make sure that the project will employ all processes to meet requirements of the project. Quality assurance activities performed by quality manager: Skilled staff: should have knowledge, skills, experience required to keep the project on track. Peer Reviews: peer reviewers discuss about the quality issues found and actions that have to be followed in order to correct the quality issues. Use of templates: provides guidance to the project team members. Checklists: gives quality requirements are fulfilled or not. Gives feed back from all the viewers. 3. Quality control process: It contains monitoring results to see whether they comply with the relevant quality standards. It finds ways to deletes the unsatisfactory results from the project. Control ensures that whatever is delivered to the customer meets the expectations of the projects. Quality control includes the measuring, checking, and auditing of the tasks of the project. Targets of quality management: They should be: Accepted by all the existed participants, Measurable by quantitative parameters, Realistic, should be on track with the available resources Specific, qualitative statements.