Using Perceptual Maps in Marketing Simulation Summary Research Paper

Using Perceptual Maps in Marketing Simulation Summary - Research Paper Example The three phases that this marketing simulation summary contains will include a brief discussion of the existing situation, recommending the appropriate solution to tackle the adverse situation, and finally the discussion of the results (Answers n.d). Moreover, we will look at positioning and differentiation and will try to understand the relationship between them. Positioning and differentiation of a product is extremely crucial for success of a marketing plan. Also, we will try to examine what effects does product life cycle has on a marketing plan. Sales growth chart of Cruiser Thorr has negative slope. The motorcycle has done well in the past but now it requires a serious thought. The dedicated customer segment for these cruiser bikes has grown older. So there is obvious change in liking and Cruise Thorr motorcycle is not as appealing to them as it was few years back. Even the younger consumer base for Cruiser Thorr maintains a distance from it because of the price factor. They doubt if Thorr offers proper balance between lifestyle and price that needs to be paid for it. So the purpose of this scenario remains to assess the positioning of Thor in the marketplace over given parameters. These parameters are namely Price, Lifestyle, Services rendered and Quality engineering. Price is the first P of marketing mix and is pivotal in making a buying decision. Wrong or inappropriate pricing could overshadow all other P’s and qualities that a product possesses. Younger consumers were always interested in competitively lower priced motorcycles. Here, an important decision regarding brand dilution is to be made and that what is the appropriate value. Lifestyle image of Cruiser Thorr needs an honest reconsideration. It has already been stated that older consumer cannot live the same way they used to when they were young, so there is shift in their preference when it comes to selecting a motorcycle. Under this parameter important data could be

Majority Activity 3-2 Essay Example | Topics and Well Written Essays - 500 words

Majority Activity 3-2 - Essay Example Commercials differentiate trucks and action figures for boys between dolls and fairy princesses for girls. The media must work toward gender equality. Male characters still dominate children’s television with few strong female influences. Television cartoons like Sesame Street have added strong female characters like Maria (Human), Rosita (Muppet), and Zoà « (Muppet) to the program. These women display feminist qualities – Maria works, Rosita teaches Spanish to the children with pride in her Mexican heritage, and Zoà « portrays that girls and boys can be best friends without romantic ideas by being best friends with Elmo; however, boys are still the main stars of the show with girls making appearances only on occasion. Dora the Explore is a little girl, without a super thin waist, that helps her friends when they need help. Hurray! Finally, a strong female character; however, this cartoon is outnumbered by the many cartoons with female characters secondary to stronger male counterparts. Jimmy Neutron has Cindy Vortex, a blond girl just as smart a Jimmy but always second best. SpongeBob has Sandy, a strong female sq uirrel from Texas that only appears on the show occasionally as SpongeBob’s rowdy friend. Winnie the Pooh has Kanga, the mother of Roo who is always doing laundry and other chores while the others are having adventures. Television executives must create more programs with strong females as the main character and male characters the co-stars – like Dora the Explorer. Commercials differentiate trucks and action figures for boys between dolls and fairy princesses for girls. In commercials, boys play with trucks and action figures, while girls are picture playing with dolls, castles, kitchens, toy vacuums, and more. Girls notice the medias subtle messages defeating the caregiver that bought trucks as well as dolls for little girls to break down the walls of gender inequality. Eventually, girls start asking for â€Å"girls

The Examination of a Teen Killer Essay Example for Free

The Examination of a Teen Killer Essay Every Year there is a reported deathly school shooting around the world. Every year it is the same story about how a frustrated teen takes out his anger on the fellow students at school. In the next upcoming paragraphs I will digress on The Killer at Thurston High’s actions through Psychology, Sociology and Anthropology. Kip Kinkel had psychological problems at a young age. His family went to live in Spain for a year; this is where the problems began. Kip was only in the first grade and he was just learning English and since he was able to speak just in English, he would have difficulties understanding his Spanish teacher. Kip’s frustration came from his past language experiences, and also the never-ending weight on him of living up to the Kinkel name. It was way too much for a preteen like Kip to be involved with. He had the all-American: â€Å"perfect family†, if you will, but in his mind he did not feel welcomed. Kip thought of himself as the imperfect son, his sister on the other hand was athletic, smart, and well known by almost everyone in their community. The Kinkel parents were highly respected because of their field of a teaching career. This all left Kip down and depressed during most periods of his life. On May 21, Kinkel had been suspended for bringing a firearm to school the previous day, the suspension day came and Kip reacted by driving his father’s car to school. The 15 year old was covered by a trench coat with a 9-mm Glock and a 22-calibur pistol hidden underneath. Kip Kinkel opened fire in the cafeteria of Thurston High School in Springfield Oregon, killing two students and injuring as many as 20 others. The explanations of his actions are indescribable. From a sociologist stand point, how Kip reacted towards weapons would be a major factor to keep in mind. In this case Kip resolved many of his solutions by either firing guns that he’d gotten from his father, or by detonating home-made explosives. This shows how Kip Kinkel deals with his emotions on the inside. After the crisis at Thurston High school, the sheriffs deputies went to the Kinkel residence. There they found loud music playing in the main living room and the rotten smell of decaying bodies. During the confession tape of Kip Kinkel, he said that he loved his parents dearly, and that he â€Å"had to do it†. The deputies found the body of William P. Kinkel, 59 covered by a sheet in the first floor bathroom. Kip’s mother Faith M. Kinkel, 57 was found later in the garage  also covered by a white sheet. An anthropologist could only describe the purpose of the blaring music being played. Kip grew up listening to a lot of violent music, watching many death related movies, and also just becoming inflicted by the social media around him. Kip Kinkel felt that he had to do what he did in order to achieve bliss. These anthropological factors had a big influence on all of the actions that Kip pursued. In my opinion, this entire turn of deathly events could only be controlled through Kip Kinkel’s personal and psychological mind. As it was stated before, Kip grew up feeling that he was unwelcome and always alone in his life. This made him very frustrated and upset with himself, thus resulting in his aggressive solutions, (firearms and explosives). So if Kip grew up believing that he was a good kid, and that he could actually achieve other things that other people could do, he wouldn’t have been the Killer at Thurston High. In conclusion, the fact that Kipland Kinkel was raised in a different country and held back a grade made him a frustrated child right from the start. He was also an all American kid, who was raised around heavy firearms and this impacted his decisions to express his emotions violently. The final point that describes Kip’s actions is how he always listened to aggressive and shallow music, which resulted in him being more deep and dark, and also made him feel like he needed to do the things he did in order to move on. So the story of Kipland Kinkel is an older one, but keep in mind that something like this could happen anywhere!

The CISG and the CESL

The CISG and the CESL In the 21st century, international contracts and cross-border sales are regularly used by people all around the world. Most goods we buy in our daily life are connected to at least one international contract in one way or another. A great part of the international economy and most businesses in Europe rely on international trades and cross-border transactions. But almost all international contracts share the same question: which legislation guides the contract? Is it the domestic law of the seller or the domestic law of the buyer? The answer to this question might have a big influence on, for example, the distribution of risks in the contract or the amount of damages paid in the case of a breach of contract. It is, therefore, essential for every cross-border trade transaction to know in advance which legislation will guide the contract. This is the point where the CISG and the CESL come into play. Both, the CISG and the CESL, try to provide the buyer and the seller with a reliable and unified legislation. Between all sellers and buyers located in a country that accepted the CISG the legislation for any given trade is determined by the convention. The CESL seeks to accomplish the same goal between all European countries. A reliable legislation is especially important in business to business transactions (B2B transactions). Businesses are usually involved in a great number of sales contracts with different business partners in different countries at the same time. The work required to evaluate risks and calculate appropriately would be just too costly. The only solution is a unified international sales law. However, the question arises why there is the need for a second cross-border sales legislation next to the CISG. The statement was given by the ICC on the European Commission proposal for a regulation on a Common European Sales Law also raises the same question. To answer this question, this assignment will compare the CISG and the CESL to one another. Therefore, this essay will have a look at the regulations provided by the CISG and CELS with a focus on the provisions related to e-commerce as well as on the backgrounds of both regimes. Firstly, the essay will introduce the two regimes and give some general information about them. Secondly, the essay will identify all major differences between the two legislations and analyse the CELS suitability to fill gaps in the CISG. The essay will also take a closer look at rules and regulations implemented by the CESL. Lastly, the essay will put the findings in relations to the needs of businesses and B2B transactions and thereby analyse whe ther the CESL is just an optional instrument or an improvement to the CISG. The essay will end by giving a conclusion. A. CISG The CISG was developed by the United Nations Commission on International Trade Law (UNCITRAL) and was signed in Vienna in 1980. The CISG came into force on 1 January 1988, after being ratified by 11 countries.[1] Currently, 78 states have signed the Convention[2] and the combined trade power of those 78 countries sums to about 80% of international trade. The only major country yet to sign the CISG is Great Britain. The CISG is described in the convention as follows: The CISG governs contracts for the international sales of goods between private businesses, excluding sales to consumers and sales of services, as well as sales of certain specified types of goods. It applies to contracts for the sale of goods between parties whose places of business are in different Contracting States, or when the rules of private international law lead to the application of the legislation of a Contracting State. It may also apply by virtue of the parties choice. Certain matters relating to the international sales of goods, for instance, the validity of the contract and the effect of the contract on the property in the goods sold, fall outside the Conventions scope. The second part of the CISG deals with the formation of the contract, which is concluded by the exchange of offer and acceptance. The third part of the CISG deals with the obligations of the parties to the contract. Obligations of the sellers include delivering goods in conformity with the quantity and quality stipulated in the contract, as well as related documents, and transferring the property in the goods. Obligations of the buyer include payment of the price and taking delivery of the goods. In addition, this part provides common rules regarding remedies for breach of the contract. The aggrieved party may require performance, claim damages or avoid the contract in case of a fundamental breach. Additional rules regulate passing of risk, anticipatory breach of contract, damages, and exemption from performance of the contract. Finally, while the CISG allows for freedom of form of the contract, States may lodge a declaration requiring the written form.[3] B. CESL The CESL was drafted by the European Commission in 2011. The CESL is based on the Draft Common Frame of Reference (DCFR)[4]. The CESL looks to unify trade law in the European Union by providing an additional legislation to the CISG. In contrast to the CISG is does not apply to contracts automatically but chose the so-called opt-in solution. The CESL only comes into effect if both parties agree on using it as the guiding legislation. The draft of the CESL has been revealed to the public, but the convention is yet to be ratified by the European Parliament. The first part of the CESL deals with the general principles and applications of the convention. The second part of the CESL deals with the definition of a legally binding contract, duties of the seller and the buyer while forming a contract, the conclusion of the contract, and the right to withdraw the contract. The third part of the CESL deals with the interpretation of a contract and the identification of unfair content. The fourth part of the CESL deals with the obligations and remedies of the performing parties in a sales contract such as delivery of the goods and payment of the agreed price. The fourth part also covers the distribution of risks in the contract. The fifth part of the CESL deals with the obligations and remedies under a service contract. The sixth part of the CELS deals with damages and interest. A. Objectives and scope of application of the CISG and the CESL The first point to discuss, are the objectives of the CISG and the CESL. Why were they implemented, what is their purpose, what is the goal they want to archive, and what contracts do they cover? 1. The CISG The objective of the CISG is to unify the substantive law of professional international sales of goods. The CISG, however, principally excludes consumer sales unless the consumer is not recognized as a consumer by the other party or where the consumer sells to a professional buyer.[5] Other than that, the CISG covers all forms of professional sales. The reason the CISG was drafted was the insight that different sales laws of different states hinder international trade. To remove those differences and to thereby simplify international trade. Since most merchants do not really care about the law applicable to their specific contract, the CISG only replaces the otherwise applicable national law as far as the CISG reaches.[6] The CISG applies automatically to all trade contracts matching the requirements of the CISG. 2. The CESL The purpose of the Regulation is to improve the conditions for the establishment and the functioning of the internal market by making available a uniform set of contract law rules.[7] The objectives of the CISG and the CESL are therefore essentially the same. Both conventions look to remove the national law from international trade, as the differences between laws represent a hindrance to cross-border trade transactions and should, therefore, be removed. However, the CESL, as its name already indicates (Common European Sales Law), only seeks to archive this aim within the European Union. The CESL does not apply automatically to all trade contracts within the European Union. It is intended to be an additional instrument parties of a sales contract can choose, in order to avoid differences between domestic sales laws. The authors of the CISG want a choice in favor of the CESL to be understood as a conclusive deselection of the rules of the CISG.[8] Additionally, the CESL is intended to apply mainly to consumer contracts and to small businesses. The CESL only covers contracts between consumers and professional sellers and contracts between professional traders if one of them is a small or medium sized business.[9] The CESL aims to protect the naturally disadvantaged party in an international sales contract. However, even though the CELS expressively excludes contracts between large businesses, the proposal includes the option to make the CESL available in large scale international sales contracts between large companies, if the member states chose to do so.[10] 3. Comparison The scope of application and the objectives of the CISG and the CESL only match to a very limited extent. Where the CISG aims to act as a tool to facilitate international trade on a global level between companies, the aim of the CESL is to protect consumers and small businesses primarily in the European Union. However, the scope of application of the CISG and the CESL overlap on small and medium sized businesses. In contracts between small and medium sized businesses the CESL therefore truly represents an optional instrument, as the statement of the ICC on the proposal states (Unless the member states decide to open the CESL to large businesses). This fact is, however, surprising, since the CESL ´s primary goal is consumer protection, whereas the CISG ´s aims to facilitate international trade between businesses. Another important aspect to notice are the different solutions on how the conventions are implemented into trade law. While the CESL is intended to be an alternative solution to existing domestic trade laws the involved parties can choose as an alternative, the CISG aims to replace the different national sales laws by default. B. Opt-in and Opt-out As mentioned before, the CISG and the CESL require different circumstances under which they apply. The CISG, on the one hand, applies automatically the moment its conditions of applications are met. However, this is only true in case the parties of the contract did not choose to opt-out, meaning the parties did not explicitly agree on excluding the CISG.[11] The CESL, on the other hand, chose a so-called opt-in solution. Only if the parties explicitly agreed on the application of the convention, is the contract guided by the CESL.[12] It is, however, doubtful whether the opt-in solution selected in the CESL provides an incentive big enough for businesses to opt into the convention. Since the CESL includes a high level of consumer protection, it seems unlikely that small businesses have any interest in the application of the CESL in their contract.[13] Consumer protection is usually not necessary in B2B contracts and sometimes even aggravates trade. It is therefore highly unlikely tha t businesses to whom the CESL applies choose the CESL over the CISG. C. Partial exclusion Article 6 of the CISG states that parties can exclude each part of the CISG or the convention as a whole from their contract.[14] The only exceptions to this are: (1) form requirements established by the member states according to Article 12 CISG[15], (2) the unwritten exceptions in the final provisions[16], and (3) the principle of good faith in international trade.[17] The CESL, on the other hand, can only be adopted as a whole, since its rules and regulations are mandatory.[18] This principle is revisited in recital 24 of the proposal for a Common European Sales Law as it states: In order to avoid a selective application of certain elements of the Common European Sales Law, which could disturb the balance between the rights and obligations of the parties and adversely affect the level of consumer protection, the choice should cover the Common European Sales Law as a whole and not only certain parts of it.[19] Contrary to the idea of an all or nothing solution in the CESL, recital 30 of the CISG reads as follows: Freedom of contract should be the guiding principle underlying the Common European Sales Law. Party autonomy should be restricted only where and to the extent that this is indispensable, in particular for reasons of consumer protection. Where such a necessity exists, the mandatory nature of the rules in question should be clearly indicated ;[20] indicating that only parts of the CESL are mandatory and can therefore not be excluded in case the convention is chosen as the guiding law. The compatibility of those contrary statements in the CESL is up for discussion and will probably only be resolved in case the CESL is issued. For B2B transactions it is essential to have the flexibility granted by the possibility of a partial exclusion of certain rules. Businesses will most likely only consider the CESL as an alternative to the CISG if it does not limit them in their freedom of contract. D. Conflict of laws The CISG and the CESL both are international conventions on sales law. They naturally compete with the international law established by the contractual states. Therefore, an important aspect of the CISG and the CESL is their relation with international private law. The regulation in the CISG is very straightforward: as far as the CISG reaches does it supersede private international law.[21] The supersession does not limit the parties in the exclusion of parts of the CISG and thereby also limiting its supersession. The CESL takes basically the same approach. The relationship between the CESL and the private international law is covered in recital 27 and Article 11 CESL. Article 11 states: Where the parties have validly agreed to use the Common European Sales Law for a contract, only the Common European Sales Law shall govern the matters addressed in its rules. Provided that the contract was actually concluded, the Common European Sales Law shall also govern the compliance with and remedies for failure to comply with the pre-contractual information duties.[22] Additionally, in recital 27 the CESL states: All the matters of a contractual or non-contractual nature that are not addressed in the Common European Sales Law are governed by the pre-existing rules of the national law outside the Common European Sales Law à ¢Ã¢â€š ¬Ã‚ ¦[23]. The CISG and the CESL do not replace private international law as a whole. Both conventions only provide a uniformed international trade law inside their scope of application.[24] E. Comparison of specific regulations in the CISG and the CESL 1. Contractual conformity of goods The most important part of any law concerning the sale of goods are the rules regarding the contractual conformity of the goods. In the CISG this topic is covered in Article 35 and mainly focuses on the agreements of the parties made concrete in the contract.[25] Whether a good is delivered in the condition and quantity necessary to avoid liability does first and foremost depend on the way the parties described the good in the contract. Only if such an agreement was not included in the contract is the contractual conformity determined by assumptions made in the CISG.[26] The CESL takes a different approach. Whether a good delivered is in conformity with the contract depends on two different aspects: The goods must match the agreement of the parties in the contract, but at the same time the good must be compliant with certain requirements laid down in the Articles 99 and 100 of the CESL.[27] This, so called, objective and subjective approach may be the standard in most modern consumer protection laws[28]. It most certainly does not comply with the needs and concerns of modern B2B international transactions. In trades between businesses goods can serve the intended purpose even in cases I which they are (not) fit for purpose for which goods à ¢Ã¢â€š ¬Ã‚ ¦ of the same description would ordinarily be used.[29] A case like this would lead to the preposterous situation, where the seller is liable for damages even though a good serving the purpose was delivered. This again demonstrates one of the main issues of the CESL regarding the usage in B2B transacti on. Unifying consumer protection and the interests of businesses in one convention never serves both interests equally well. Both, the CISG and the CESL, regulate the requirement of notification of lack of conformity and the examination of the goods in sales contracts between traders.[30] 2. Formation of contract The formation of a contract is an essential part of a trade law convention. It is therefore not surprising that the CESL is very similar to the CISG in many aspects and even copied some parts. a) Open price A difference is that Article 31 (1) (b) CESL requires only sufficient content and certainty for there to be a contract, while according to Article 14 (1) sent. 2 CISG an offer is sufficiently definite if ità ¢Ã¢â€š ¬Ã‚ ¦expressly or implicitly fixes or makes provision for determining the quantity and the price. There is no doubt that under the CESL an offer with an open price can be a valid offer.[31] Under the CISG this question was disputed. But since the parties can derogate from Article 14 CISG they can validly conclude a contract even if the offer leaves the price open. Then, according to Article 55 CISG, the market-price fills the gap.[32] Thus, despite differences in formulation both regulations here accord in substance.[33] b) Incorporation of standard contract terms Standard contract terms are without a doubt an important part of international sale contracts. However, the standard contract terms are not regulated in the CISG. In the past 25 years courts and scientists developed basic rules in regard to standard contract terms considering the fundamental principles of the CISG.[34] The CESL does include rules regarding standard contract terms.[35] The CESL copied the solution the German supreme court established.[36] Article 70 of the CESL states: Contract terms supplied by one party and not individually negotiated within the meaning of Article 7 may be invoked against the other party only if the other party was aware of them, or if the party supplying them took reasonable steps to draw the other partys attention to them, before or when the contract was concluded.[37] The CESL does however not include regulations regarding the meaning of reasonable steps in a B2B relation. Neither does the CESL include rules about the language in standard contract terms between businesses, since Article 82 CESL does only apply to B2C contracts. A further uncertainty in the CESL is Article 86: In a contract between traders, a contract term is unfair for the purposes of this Section only if: (a) it forms part of not individually negotiated terms within the meaning of Article 7; and (b) it is of such a nature that its use grossly deviates from good commercial practice, contrary to good faith and fair dealing.[38] The terms good commercial practice, good faith and fair dealing are not defined in the CESL. Providing a well-established meaning towards those terms would take years of court ruling and scientific research. The implementation of rules regarding standard contract terms in the CESL is a step in the right direction. The usage of standard contract terms is common throughout international sales. Easy and well-established rules are essential for a healthy trade environment and the acceptance of the rules. There are however too many weaknesses and uncertainties in the rules of the CESL to identify them as an improvement compared to the practice established in the CISG. Especially in B2B transactions, there are too many undefined words and phrases to make it a reliable set of rules for businesses to use. c) Defects of consent As indicated above, the Vienna Sales Convention contains rules on the formation of international commercial sales contracts. However, Article 4 CISG expressly provides that the Convention is not concerned with the validity of the contract or with the effect which the contract may have on the property in the goods sold. These matters have therefore been left to the applicable national law to regulate. However, Article 4 CISG adds that this is different in so far as is otherwise expressly provided in this Convention. The question of whether a topic has or has not been included explicitly or impliedly within the scope of CISG is, however, difficult to answer in practice and has been the subject of much litigation the prevailing view is that this must be assessed on the basis of CISG itself, and it is assumed that a topic that is not expressly regulated in CISG may nevertheless be governed by the Convention on the basis of the general principles of the Convention.[39] Defects of consent concern the validity of the contract and will therefore not be governed by CISG, unless specified otherwise. Is this indeed the case? It is generally assumed that in so far as a mistake or misrepresentation relates to the characteristics of the goods, to the creditworthiness of the buyer or the extent to which the buyer is capable of performing his obligations under the contract, these matters fall within the scope of the provisions on the conformity of the goods (Articles 35 ff CISG) and the provision regarding anticipatory breach (Article 71 CISG), which implies that resorting to the applicable national law on these matters is not necessary. [40] In that case, the uniformity that CISG is to bring about obstructs the application of a national approach towards mistake or misrepresentation in cases which concern conformity.[41] This implies that in most cases where a buyer could rely on a remedy based on mistake or misrepresentation in relation to the sale of goods under national co ntract law, he cannot rely on that remedy if CISG applies to the contract although CISG does not explicitly deal with these issues, they impliedly fall within the scope of CISG. Cases where the buyer concluded the contract under the influence of fraud or deceit is thought not to be governed by CISG,[42] even though in these cases also there is often a close connection with conformity issues. Therefore, national rules on fraud apply where a mistake has been deliberately caused by the seller so that in such cases the contract may be void or avoided. Similarly, CISG does not deal with issues such as threat, abuse of circumstances, which means that the buyer may rely on the remedies available under the applicable national contract law for these defects of consent, even where CISG applies.[43] The Common European Sales Law contains a comprehensive set of provisions on a fundamental mistake, fraud, threat and unfair exploitation (Articles 48-51 CESL). In the subsequent articles, the exercising of the power to avoid or confirm the contract and the consequences thereof are regulated (Articles 52-55 CESL). These provisions by and large overlap with national approache s in these areas, even if the requirements under CESL to invoke a remedy for, for instance, unfair exploitation may be stricter than national doctrines on abuse of circumstances. This entails that in so far as CESL applies to the contract, defects of consent are exclusively dealt with under the umbrella of CESL, and no recourse is needed or possible to the national contract law on this subject. This means that the parties to the contract will not be taken by surprise by the availability of a remedy for a defect of consent or the absence of such a remedy under the national contract law on this subject. In this respect, opting for CESL rather than CISG is certainly more attractive for both parties, as the former lays down a more comprehensive legal regime [1] http://www.uncitral.org/uncitral/en/uncitral_texts/sale_goods/1980CISG.htm; The signing Nations were Argentina, China, Egypt, France, Hungary, Italy, Lesotho, Syria, the United States, Yugoslavia, and Zambia. [2] http://www.uncitral.org/uncitral/en/uncitral_texts/sale_goods/1980CISG.htm for a complete list of all member states. [3] http://www.uncitral.org/uncitral/en/uncitral_texts/sale_goods/1980CISG.html [4] Von Bar: Priciples, Definitions and Model Rules of European Private Law, Draft Common Frame of Reference (DCFR) [5] Art. 2 lit a CISG. [6] U Magnus, CISG and CESL, p. 226. [7] Art. 1 Proposal; see also Explanatory Memorandum to the CESL, COM (2011) 635 final, p. 4. [8] Recital 25, Proposal for a Common European Sales Law. [9] Art. 7, Proposal for a Common European Sales Law. [10] Art. 13 lit. b, Proposal for a Common European Sales Law. [11] Art. 6 CISG. [12] Art. 3 Proposal for a Common European Sales Law. [13] U Magnus, CISG and CESL, p. 229. [14] Art. 6 CISG. [15] Art. 12 CISG [16] Art. 89-101 CISG, with the re-exception of Art. 100 CISG. [17] Art. 7 (1) CISG [18] Art. 8 (3) Proposal for a Common European Sales Law, this is at least true for B2C transactions. [19] Recital 24 Proposal for a Common European Sales Law. [20] Recital 30 Proposal for a Common European Sales Law. [21] U Magnus, CISG and CESL, p. 238. [22] Art. 11 Proposal for a Common European Sales Law. [23] Recital 27 Proposal for a Common European Sales Law. [24] Grundmann S, Common Market Law Review, Session 50 (2013), pp 237-240. [25] Art. 35 (1) CISG [26] Art. 35 (2) CISG [27] Art. 99,100 Proposal for a Common European Sales Law. [28] Feltkamp/Vanbossele, European Review of Private Law, Volume 19 (2011), p. 886. [29] Art. 100 (b) Proposal for a Common European Sales Law. [30] Art. 38, 39, 43 CISG; Art. 121, 122 Proposal for a Common European Sales Law. [31] Art. 18 (1) sent. 2 CISG and Art. 34 (2) CESL or Art. 19 (3) CISG and Art. 38 (2) CESL [32] LG Neubrandenburg 3 August 2005, CISG-online Nr. 1190 [33] U Magnus, CISG and CESL, p. 243. [34] Schwenzer, Inrto to Arts 14-24 CISG; Art 14 CISG [35] Art. 70 Proposal for a Common European Sales Law. [36] Mazeaud, Unfiar Terms in Contr

Essay --

Brazilian Carnival History is more in-depth and more interesting than many people might think. There is a lot more to Carnival than simply parties. The pre-Lent festivities known as carnival originated in Italy in the 1400s. The tradition spread rapidly among Catholic countries in Europe and was in the end adopted in the Americas, taking hold especially in the devoutly Catholic nation of Brazil. The Carnival of Brazil is a festival annually held Friday to Tuesday before Ash Wednesday, which marks the beginning of Lent, the forty-day period before Easter. On certain days of Lent, Roman Catholics and some other Christians traditionally restrain themselves from the consumption of meat and poultry. This is where the term "carnival" comes from, carnelevare, which means "to remove meat." Carnival has roots in the pagan festival of Saturnalia which was adopted in Catholicism becoming a goodbye to things in a season of religious discipline to practice repentance and prepare for Christ's dea th and resurrection. The Brazilian Carnival has gone from being just a party before the silence of Lent to being a major production. It can be traced back to Christian traditions, African influences and Brazilian Indians. Each part of Brazil has developed its own particular style for Carnival. The history of the carnival has multiple influences. Modern Brazilian Carnival History started in the 1800's. Throughout the 1800's a cobbler named Josà © Nogueira de Azevedo started having parades with his friends and family. In 1855 a more organized parade called the Grandes Sociedades, or Great Societies was held. In 1870 a more common parade began, complete with traditions of wearing masks and costumes. Samba Schools are a big 20th Century Part of Brazilian Car... ...ed, and a little something from the food stands that line the festival area. After the parade most festival participants indulge in the country's record famous dish, feijoada. Feijoada can be made in a countless number of varieties. However, in Brazil it nearly always has black beans and always includes a mixture of salted, smoked and fresh meats. Some types are a little spicy from the sausages while others are absolutely mild. Some people’s feijoadas are thick while others are more similar to a traditional stew. Regardless of the variation it is customary to serve this stew with white rice, black beans, and hearts of palm salad, hot peppers, and orange slices. I chose this holiday because it has many parties, different types of music, and amazing costumes. It is a huge festival that attracts many people from different places to just have fun and enjoy themselves.

Benedict Arnold :: American History

Benedict Arnold No other American is remembered quite the same as Benedict Arnold. He was a brave soldier, a patriot- and a traitor. Benedict was born in Norwich, Connecticut, on January 14, 1741. When he was 14 years old, Benedict ran away from home to fight in the French and Indian War, but he was brought back by his mother, who apparently was driven insane later in her life. If I had a son like Benedict, I might have gone insane too! After his mother insisted that he return home, he ran away for a second time. After he was finished playing boy hero for awhile, he learned the apothecary (pharmacy) trade and then in 1762, he opened a book and drug store in New Haven. Benedict was also involved with trade in the West Indies. By 1774, he was one of the wealthiest citizens in New Haven. It's a good thing that he had money, because he was one of those people who like to ride around in their Mercedes and wear expensive clothes, even if he couldn't afford them. Benedict then got hooked up with the sheriff's daughter Margaret Mansfield, and they hit it off. They decided to get married in 1774. But this marriage was short lived because the next year Margaret caught a disease and died. When the Revolutionary War began that year Arnold was already an experienced soldier. He had helped Ethan Allen capture Fort Ticonderoga. Then Benedict came up with a great idea to capture Quebec. This idea failed, but Benedict had already proven his bravery. He was then commissioned as a colonel in the patriot forces. He was one of General George Washington's most trusted officers. Benedict led his troops to the siege of Boston and Valcour Island and proved once again to be a bold and skilled officer. At the battle of Valcour Island he was wounded severely in his leg. His bravery won him the respect of many people. He was promoted to the rank of brigadier general. Arnold felt that his services were not properly rewarded. In 1777, Congress promoted five officers, who were junior to Benedict, to major general. Only a personal plea from General George Washington kept him from resigning. He did receive a delayed promotion to major general, but he was still angered that he was not promoted to a rank above the junior officers promoted earlier. Then to top things off, a fellow Benedict Arnold :: American History Benedict Arnold No other American is remembered quite the same as Benedict Arnold. He was a brave soldier, a patriot- and a traitor. Benedict was born in Norwich, Connecticut, on January 14, 1741. When he was 14 years old, Benedict ran away from home to fight in the French and Indian War, but he was brought back by his mother, who apparently was driven insane later in her life. If I had a son like Benedict, I might have gone insane too! After his mother insisted that he return home, he ran away for a second time. After he was finished playing boy hero for awhile, he learned the apothecary (pharmacy) trade and then in 1762, he opened a book and drug store in New Haven. Benedict was also involved with trade in the West Indies. By 1774, he was one of the wealthiest citizens in New Haven. It's a good thing that he had money, because he was one of those people who like to ride around in their Mercedes and wear expensive clothes, even if he couldn't afford them. Benedict then got hooked up with the sheriff's daughter Margaret Mansfield, and they hit it off. They decided to get married in 1774. But this marriage was short lived because the next year Margaret caught a disease and died. When the Revolutionary War began that year Arnold was already an experienced soldier. He had helped Ethan Allen capture Fort Ticonderoga. Then Benedict came up with a great idea to capture Quebec. This idea failed, but Benedict had already proven his bravery. He was then commissioned as a colonel in the patriot forces. He was one of General George Washington's most trusted officers. Benedict led his troops to the siege of Boston and Valcour Island and proved once again to be a bold and skilled officer. At the battle of Valcour Island he was wounded severely in his leg. His bravery won him the respect of many people. He was promoted to the rank of brigadier general. Arnold felt that his services were not properly rewarded. In 1777, Congress promoted five officers, who were junior to Benedict, to major general. Only a personal plea from General George Washington kept him from resigning. He did receive a delayed promotion to major general, but he was still angered that he was not promoted to a rank above the junior officers promoted earlier. Then to top things off, a fellow

Interdiscuplinary Study in Consumer Behaviour Essay

With the development of a consumer society, increasing consumer power in the market place, the growth in marketing, advertising, sophisticated consumers, ethical consumption etc, consumption is recognized as central to modern life. Thus it entails to go into a depth of the different approaches to consumer behaviour. Many human sciences give a variety of reasons to explain why a consumer behaves in a particular way in a given situation. Studies of consumption investigate how and why society and individuals consume goods and services, and how this affects society and human relationships. These are found in many social sciences such as economics, psychology, sociology, etc. The present study tries to investigate these theories based on consumption and consumer behaviour and how far these are interlinked as well as different from one another. It is also aimed at studying the relevance of these theories with the help of primary data and research. The purpose of this study is to find out whether there is some interlink between the various theories and approaches given by different economists, psychologists and sociologists. The hypothesis framed for the research is that Consumption is greatly influenced by the income factor. The data used in the study was mostly secondary in nature from the internet and reference to several books. The theories of consumption studied for this purpose are the demand theory, indifference curve analysis, revealed preference theory, Keynes’ consumption theory, permanent income hypothesis, relative income hypothesis, life-cycle hypothesis, Maslow’s Hierarchy of needs, the sociological theories of consumption given by G. Katona, Ruby Turner Norris and the theory of Conspicuous consumption given by Veblen. An attempt has been made to study consumer behaviour with the help of primary data collected from a sample of 40 people from 4 categories namely, students, housewives, employees and businessmen. They were asked to rank the different factors that influence their buying behaviour. The influential factors given in the questionnaire were taken from the consumption theories given in economics, sociology as well as psychology as given above. From the analysis of both primary as well as secondary data, it was found that majority of people give importance to their income level. However, it is also found that, besides income factor, people also think about sociological and psychological factors while purchasing a commodity such as security, safety, fashion, advertising, comforts and prestige issues. As given in the Sociological theories of G. Katona and Norris, it was seen after the primary data analysis that the economic theory of consumption lacks such social structural variables. Thus it is concluded that in the construction of any consumption function or theory – for a particular product, for a particular class of products, or for consumption in general – not either economic or sociological or psychological variable is to be regarded as the key determinant. Different combinations of all these three enter into different statements of consumption functions at different situations and time periods according to the necessity or urgency of the wants.