SQA-HND-商法-OUTCOME2 题目outcome 2

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

Q1A) Market marketing is the plan and the execution of the commodity, the service and the creativity idea, the fixed price, the promotion and retailing, create conforms to the individual and the organizational goal exchange one kind of process. that is Human activity is wants through for exchanges to directed at satisfying needs, and business activity is concerned with providing goods and services to satisfy human wants and needs at a profit.B) Market marketing concept requirements planning and strategies should be all the businesses to consumers at the center, correctly determine the needs of the target market and lust, more effectively than competitors of provision required to meet the target market.The product concept is to show the enterprise is not through the development of the corresponding product market analysis and variety, but to improve quality, reduce cost as all activity centers, and thus expand sales, profits made such a management guiding ideology. Product not only pay attention to production quantity concept, but also pay attention to product quality, but it production center, don't pay attention to the market demand, don't pay attention to product sales, is the production of the concept of the later performance. The customary channel sales, when customer think of their good quality of product will seek to come.Q2A) The Marketing Mix is an important part of corporate marketing strategy, Controlled enterprise marketing measures to form a holistic activity. The main purpose of marketing is to meet the needs of consumers. Usually divided into 4P (product, price, promotion, place)B) the explanation of the Marketing mix of product: in 1986, Landed a company of wooden toys products target customer is pre-school market, wooden building bricksand jigsaws. Its products could only be sold to small toys shops that have very big limitation. However, with booming business and brighter prospect, its range of products has quickly enlarged. But for its former products, it not on-ly added with dolls’ houses and wooded train sets, and brought in “CountryCousi ns” books and a new range of pre-school books. its products are characterized by various types, complete specifications and best quality. All its products enjoys high celebrity made this company bigger and bigger.The explanation of the Marketing mix of price: success stems from the reasonable pricing and good price control strategy, a reasonable price is very import in the market competition. In the case, on the early 1990s, Landed company rapidly flourished, and the “Country Cousins” books were sold at a premium. But and the “Country Cousins” books were sold at a premium. Besides, badly demand and high profit attract more and more cooperation entering this market, competition becomes much drastic. To gain a competitive edge, the company had to reduce its high price to a competitive level.The explanation of the marketing mix of promotion: the promotion has many methods, such as advertising, sales promotion, public relations, personal selling and direct marketing. In the case, Landed Company’s advertising department must be use the best promotion policy. The Landed Company and TV channel SC4 to keep the friendly relationship. The TV proposed a national airing and national launch Introduce company products and the popularity of the series. That make rise for the company's brand image and customers' awareness, Sales Have Rapid Growth.Place - refers to provide the product at a place which is convenient for consumers to access. Place is synonymous with distribution. Can be various strategies such as intensive distribution, selective distribution, exclusive distribution. In the case, the company uses selective distribution. This involves one intermediary the retailer. This is probably most favoured by larger retailers such as supermarkets that have the power and resources to buy in larger quantities and enjoy the benefits that come with that, such as being able to offer lower prices. But now this company has a big problem, intermediary the retailer compels price drop. I think only through production-marketing integration can solve the problem.Q3For a privately owned beauty salon, its elements of the marketing mix refer to the followings: product, price, promotion, place, people, process and physical evidence.First, the product of privately owned beauty salon is its service, which opposes to a common product. Services, unlike physical products, happen "on the spot" and customers like to know what to expect. The privately owned beauty salon offers service to customers, which is essentially intangible and does not result in ownership of anything. The Landed Toy Company products are goods.Second, price, as we know, price is one of the most flexible elements of the marketing mix. It will be affected by consumers, the trade and the competition. For example, if customers feel the price of the beauty salon is lower than others, most of them may choose this beauty salon, while the price of Landed Toys Company products changes with the situation they have in the market: set premium price (previous) ------cut the price (now) -----reducing price (future).Third, promotion is what a company say and do concerning products and services in order to persuade customers and markets to try them. The privately owned beauty salon not only uses advertising but communicates with customers to help them have a better understanding of the company. Landed Toys Company Landed did very little advertise at first, but now they use newspaper to promote its products originally.The next is place, which not only includes retail store, online shop but also the movement of goods. If you want to book the ticket of the beauty salon, you can buy in the salon or online. Landed Toy Company sells its products through a number of intermediates, nowadays it carries out with the idea of mail order selling.Fifth, people are part of the offering service. If the customers are satisfied with your service, it may have a positive effect on the development of your company. Sixth, processes mean caring about the quality, reducing the queuing systems and service delivery to ensure consistency of service. At last, physical evidence is the “tangible” part of the service, lik e the facilities in the beauty salon.Different from a Landed company, which distributes its products to its customers, beauty salon always has to get its customers to come to it. Those who come to the beauty salon are pursuing high quality services, although its price is higher. Therefore, beauty salon usually has relatively affluent target market and local promotions meeting the local demands. In this way, it is principal for a beauty salon to choose a right location.Q4 because for the environment in which an organization exits can affect industry or the individual organizations. An internal environment is the systems of the company, the effectiveness of which to a great degree rests with its culture, including micro and macro environment, competition intermediaries, and suppliers stakeholders. A micro environment is all those factors which lie beyond the organization, and a successful organization is contributed by those in the microenvironment, for example, the company, the distributors, customers, competitors and public, however, the macro environment indicates the larger forces which affect the way in which an organization operates and over which the organization has little or no control. These can be known acronym PEST.With the changing environment, PEST is also changing: the political aspect: as the global communication developing, it is not simply domestic politics which will have influence on marketing strategy. Second, economically, suppliers have become more and more, as a result, competition has become more and more fierce, this will impact costs, prices and demand. Third, changes and trends in the sociocultural environment bring forth significant challenges. People's basic beliefs, attitudes and values are shaped by the society in which they grow up.Following factors may affect landed: the declining birth rate, growing demand for more technological toys, increased affluence, growth in competition from larger competitors, growing dominance of larger retailers.For the sake of getting over these risks, altering the marketing mix, the company introduced some new products to satisfy different market meets, drew into added value products at higher prices, developed higher profile promotions to compete with rivals, and used sales team to develop a good relationship with retailers.温馨提示：最好仔细阅读后才下载使用，万分感谢！。

一1.Does Samir have a legal enforceable contract with Faitways for the purchase of theMatsnmoto golf club for $150?No, he doesn’t.a valid contract has three essential features: there must be agreement on all materialaspects, at least two contracting parties and legal obligations.A display of set of golf clubs in window of Fairways is only known as invitations to treatmeans an indication that someone is prepared to receive offers with the view to forming a binding contract. It’s not an offer itself. The case situation is only goods displayed in ashop window which are classified as invitation to treat. There is not any contractexistence, so Samir hasn’t got the enforceable contract to purchase the golf clubs. Samircan only has a right to give an offer to shop for buying product and the shop has the rightto refuse the offer.Judicial Precedent: Pharmaceutical Society of Great Britain v Boots The Chemists (1952)The precedent is based on The Pharmacy and Poisons Act 1933 required the sale of alisted poison to be supervised by a registered pharmacist. The argument is whether thedisplay of goods on the shelves was an offer legally speaking or merely an invitation totreat.Decision: the court ruled that it’s only an invitation to treat, so Boots were there fore notbreaking the law. The offer was made when the customer presented the goods at thecounter and acceptance would also be made there where a registered pharmacist waspresent.2.What are the chances of Susan being successful if she goes ahead and sues Samir for the costof her new designer outfit, the cost of her taxi and the disappointment coursed?There is no contract in this situation.，so Susan will fail to sue Samir.A personal or social obligation will not usually be classified as a legal obligation. Theagreement between Samir and Susan is only a social agreement, and they both have nointention to create an binding contract for this appointment, so i t’s unsuccessful for Susan to sue Samir.Judicial Precedent: Gould v Gould (1969) 3 WLR 490Facts: on leaving his wife, a husband orally agreed to pay her wife ￡15 a week ‘as longas I can manage it’. He kept to his arrangement for over a year, but then fell behind withthe payments and five months later said he could not pay her the full amount in the future.The wife sued the husband, alleging breach of contract.Decisions: The action was unsuccessful. The court held that the agreement was not acontract. This was because there was no intention to create legal relations.The court tends to consider the following situation to be agreement without intention tocreate legal relations and obligations: Domestic agreement, social agreement, gamblingagreement, and agreement binding in honour only.3.Is Dougie Campell entitles to cancel its offer to build it conservatory and patio for Samir?Yes, he is. Because there is no contract existence, Dougie Campell has the right to cancel its offer to build it conservatory and patio for SamirThere is no time limit on the offer then the offeror can withdraw it at any time he wishes just before the offeree accepted. As we can see in the case, Samir has mistyped the E-mail address and his acceptance never arrived at his intended destination. According to the instantaneous method, the acceptance will not take effect until it actually reaches the offeror, so Samir’s acceptance won’t take effect, and Dougie Campell can cancel its offer.Judicial Precedent: Payne v Cave 1789The facts: Cave bid ￡40 for goods being auctioned, but before they were knocked down to him, he withdrew the bid. Payne maintained that Cave could not withdraw in this fashion.Decision: A bid is only an offer that can be withdrawn at any time before acceptance. This is called revocation or withdrawal. At an auction acceptance takes place on the fall of the hammer. As the defendant had withdrawn his bid before the hammer fell, his offer was terminated.4.Can Samir insist that Stuart sell the car to him for $ 4500?No, he can’t.Any modification, variation, reduction and addition to the original offer may amount to a counter-offer. Samir changed the price by offering ￡4000, this can lead to acounter-offer means a final rejection of the original offer, so Stuart has the right to refuse to sell Samir his car.Judicial Precedent: Wolf & Wolf v Forfar Potato Co Ltd (1984)Facts: A Scottish Co offered to sell a quantity of potatoes to Dutch Co. Dutch Co calledan acceptance with new conditions. The Scottish Co ignored this and were taken to courtfor breach of contract.Decision: The court held that no contract was formed. The second telex sent by Dutch Co was a counter offer which makes the original offer invalid.1。

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

Unit Title:Assessor Name:Submission Date:International Physical DistributionWord Count: 1999The Explanation of DataSea:Sea transport requires a 40 foot container, and the total cost of carrying 25 pallets is £620, and the price is £25 per container. So cost per pallet= total mode cost/ pallet, thus the cost per pallet= £620/25= £24.8. The transit time is 7 days.Air: Because of the need for aircraft transport, so the total cost of £1265, so the cost of transport is £253, and the price is £1265 per 5 pallets. Cost per pallet=total mode cost /pallet, thus the cost per pallet=£1265/5=£253. The transit time is 4 hours.Rail: Rail mode requires 40 feet of container to carry 25 pallets, so the total cost is £1275, so the price is £51. Cost per pallet=total mode cost/pallet. Thus the cost per pallet=£1275/25=£51. And the transit time is 2 days.Direct road:A flat bed container lorry can carry 20 pallets, so the total cost is 1350, because the transportation time is 3 days, so cost per pallet=total mode cost/pallet, thus the cost per pallet=£1350/20=£67.5.Multi-mode:From Milan Glass Works to Genoa Calata should be the freight is £125, in addition to the sea model of £620 and £295 of the railway model, which also need to add the cost of £145 form Coatbridge Rail-port to Kiribati Bottling, Thus Total mode cost=£125+£620+£295+£145=£1185. Total pallet=25. The total mode cost = £1185/25=£47.4. The time =6 hours+7days+5 hours+7 hours=7 days and 18 hours. the total cost equal to £1185.Explanation:Summary from the above calculation, the total cost is £1350, so the price of each pallet is £108.so we get the final result is £1350/£108=£12. so the best cost effectiveness is £12.4.0 Technical report 4---Least total cost concept Recommendation ChartsRoute ARoute BExplanation:In the Transport, the procedure is the include many parts, to the as the CFSP andPARS, the documentation of the include many things,such as the bill of lading, commercial invoice, insurance, packing list, certificate of origin. Business process including CISG and UCC. These are used for commercial and documents are necessary, such as commercial invoice, pro forma invoice. Customs procedures including input data, declaration, check and pass. In the UK at the same time, the customs will prohibit certain commodities, such as revenue, the health of animals and plants. Documents including the certificate of origin of goods, etc.So choose B Route to save costs.。

Outcome 2Case31Employers have the right to write a written statement to the employees. The written statement is not a contract. The written statement include your name, employee name, data of your stat working, wages, detail working and leave and so on. If the employers change the statement, they must give notice within one month.2 Sharon has the right to charge the company. Because the company isn’t have enough training experience. Sam has an obligation to create a safe working environment. Shredders a re dangerous goods. Consumer protection act 1987, employer’s liability(defective equipement) act 1969. 3. The company can stop David close to his customers. Because it is a illegal behavior and break the law. Customers belong to the company, not belong to David. Sale by ERA 1996, He must compensate the company's losses.4. the employer’s duty :1)To pay wages2)To provide work3)To indemnity his employees4)To treat employees with trust and respectthe employee’s duty1)To provide personal service2)To provide loyal service3)The employee must not make secret profits.4)Acts with honesty and integrityCase41 sex, age marriage, belief, race●Jimmy suffers the age discrimination. Although age discrimination is becameillegal. Unless there is a council according to age discrimination to protect staff equality of opportunity.●Alison’s employer refuse or negligence for her work environment to create areasonable adjustment. So Alison suffers the Disability discrimination●Owing to Carmen pregnant so that the council refused to give her work. Carmenhas suffered the sex discrimination●Because of Bob’s complexion, he loses his job. Bob suffer discrimination bycolor.：Jimmy-age discriminationAlison-Disability Discrimination Act 1995Carmen-Sex Discrimination Act 1975Bob-Race Relations Act 1976。

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

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