Tuesday, August 6, 2019

Family Law Answers to Problem Questions

Family Law Answers to Problem Questions Family Law Introduction The law of divorce is governed under the Matrimonial Causes Act 1973 where it provides the sole ground for divorce, namely that the marriage between Jason and Sandra has broken down irretrievably.[1] Nevertheless, in order to establish irretrievable breakdown, Jason will have to show that one of the five facts listed in section 1(2) of the MCA 1973 has been established on proof (Richards v Richards)[2]. Meanwhile, it is notably that the court in England and Wales is given a wide power in determining the arrangement of children between the Jason and Sandra. Since Jason and Sandra are married, they both have parental responsibility for Joyce and Tom[3]. Their parent responsibilities will not be terminated even if the court grants them a decree of divorce. By virtue of CA 1989, the focus is on the welfares of the children[4] and thus the welfare checklist set out in section 1(3) of CA 1989 will be taken into account by the court in deciding whether to grant share residence to Jason and Sandra and to limit Sandra’s contact with Joyce and Tom. Divorce between Jason and Sandra Since the marriage between Jason and Sandra has lasted seven years, Jason is not restricted by the absolute bar on the presenting of petition for divorce within one year of marriage imposed by section 3(1) of the MCA 1973. Jason is allowed to petition for divorce if he is able to establish one of the five facts set out in section 1(2) of the MCA 1973. Adultery and Intolerability: section 1(2)(a) The first possible fact that Jason would rely on is that if adultery and intolerability contained in section 1(2)(a) of MCA 1973. In order to successful in this claim, Jason would have to show that Sandra has committed adultery and he finds it intolerable with her. In Dennis v Dennis[5], adultery is defined as a voluntary act of sexual intercourse between Sandra and another person who is of the opposite sex. On the fact, Jason’s brother saw Sandra and Craig having dinner at a local restaurant and then leaving the restaurant together late at night, holding hands and getting into the car. According to Sapsford v Sapsford[6], It is unlikely that this incident is sufficient to constitute a ground of adultery as there is no evidence of sexual intercourse between Sandra and Craig. However, following the case of Farnham v Farnham[7], Jason would want to raise a rebuttable presumption that Sandra has committed sexual intercourse with Craig by using the circumstantial evidence of incli nation and opportunity. However, it is unlikely this claim will be successful as the circumstances does not in any sense suggest that Sandra and Craig have indulged in sexual intercourse. Further, it must be noted that, adultery is a serious accusation to make and thus the courts have always insisted on strong evidence to allow such accusation.[8] Even if adultery can be established, Jason would have to show that he finds it intolerable to live with Sandra while the intolerability need not follow from Sandra’s adultery (Clearly v Clealy)[9]. According to Goodrich v Goodrich[10], the intolerability test is to be accessed subjectively and thus Jason could rely on the fact that he cannot cope with Sandra’s increasingly volatile behaviour and claims that it is intolerable to live with Sandra. Unreasonable Behaviour: section 1(2)(b) A more realistic option for Jason is section 1(2)(b) of MCA 1973, where it provides that Jason can rely on the ground of ‘unreasonable behaviour’ if he can establish that Sandra’s behaviour is such that it is unreasonable for him to continue living with her. According to Livingstone- Stallard[11], the focus is not on the gravity of the behaviour per se but on its impact on Jason. Following O’Neill v O’Neill[12], the test under s.1(2) is to be accessed both objectively and subjectively, the objective aspect concerns whether Jason is reasonably expected to stay with Sandra , while the subjective part takes into account the personalities of Jason and Sandra. Since we are told that Sandra’s behaviour becomes increasingly volatile, the chance that Jason will succeed in this claim would increase. It is likely that Sandra’s unreasonable behaviour can be established, it is then necessary to look at the character of Jason and Sandra and decide whether they can be expected to stay together reasonably (Ash v Ash)[13]. It can be pointed out that Sandra is having an adulterous relationship with Craig and this it might not be reasonable to expect Jason to live with her. At this point, it is arguable that the court will grant a decree of divorce on the ground of s.1(2)(b) based on Sandra’s behaviour that makes Jason cannot be reasonably expected to stay with her. Arrangements in relation with Joyce and Tom By virtue of section 2(1) of CA 1989, both Jason and Sandra owe parent responsibilities toward Joyce and Tom. Such responsibility is defined in section 3(1) as ‘all rights, duties, powers and responsibilities and authority which by law a parent of a child has in relation to the child and its property’. This right continue even after Jason and Sandra divorce. Nevertheless, under section 1(5) if CA 1989, Jason and Sandra are required to file a statement of arrangements for the children, detailing the measures that have been resolved between them and also the unresolved issues. On the facts, there are two issues to be considered in regards with Joyce and Tom: who should the children stay with and the extent of Sandra’s contact with the children. In regards with these unresolved issues, the court is able to make the child arrangements order under section 12 of the Children and Families Act 2014 which replaces the orders previously knowns as residence orders and contact orders contained in section 8 of Children Act 1989. The change of terminology supposed to move away from emphasis of ‘resident’ and ‘non-resident’ parent and shift the focus onto the children’s welfare[14]. In the other words, the court will take into account the welfare checklist set out in section 1(3) of the CA 1989. The Welfare checklist includes the ascertainable wishes feelings of Joyce and Tom; their physical, emotional and educational needs; the likely effect on Joyce and Tom in their circumstances; Joyce and Tom’s ages, sex, backgrounds and other relevant characteristics; any harm which they have suffered or are at risk of suffering; and how capable Jason and Sandra and Craig are meeting Joyce and Tom’s needs. We are told that Joyce is five years old and Tom is at an age of three. They are still young and might not be able to express their true wishes and feelings with regards to the issue of residence and contact and thus it is unlikely that the court will give weight to their wishes (Stewart v Stewart)[15]. In regards with their needs, even though there no presumption that a child’s emotional and physical needs are best met by the mother, the case law has showed a preference for keeping young children with their mother [Re S (a minor) (Custody)][16]. However, in Re H (A Minor)[17], it was held that the time has changed and that many fathers were as capable as mother of looking after small children and this may lead to a decision that in favour of Jason. Further, the facts that Sandra is under depression and her plan to move in with Craig, who is also has anger management issues will be taken into consideration under section 1(3)(e) by the court. Lastly, the capabilities of Jason a nd Sandra in meeting Joyce and Tom’s needs will be considered as well. Here, it is likely that Jason would have a good chance of obtaining a residence order as the facts that Sandra and Craig is starting a new relationship and there is no evidence that Craig seems to fit the stereotype of the replacement father. However, even if the court grants a residence order in favour of Jason, the parental responsibility of Sandra towards Joyce and Tom will not be terminated. According to Re R (A Minor)(Contact), Sandra will be granted a generous contact with Joyce and Tom because the court is on the view that ‘it is a right of a child to have a relationship with both parents wherever possible’.[18] The fact that both Sandra and Craig are under anger management course will deny Jason’s claim that Sandra has a mental condition that makes her inappropriate to be in contact with Joyce and Tom. (1500 words) Part 2 Introduction In 1956, the concept of no-fault divorce was first put forward by the Morton Commission in their report on the basis that the divorce law prior to that date has encouraged acrimony between the parties.[19] Such approach was taken by a series of Law Commission reports and led to the Introduction of Divorce Act 1969, which was later consolidated to the legal provision in use today, namely the Matrimonial Causes Act 1973. Section 1(1) of MCA 1973 provides that irretrievable breakdown of marriage is the only ground for divorce and this can only be established if one of the five facts listed in section 1(2) of the MCA 1973. There are two no fault facts that can be relied to establish divorce, namely the two years’ separation with the respondent’s consent to the divorce [section 1(2)(d)] and the five years’ separation [section 1(2)(e)]. However, the facts that the number of petition under these no-fault facts are much lesser than the fault facts of adultery [section 1( 2)(a)] and unreasonable behaviour [section 1(2)(b)] raises a question that whether the law of divorce in England and Wales can really be described as one of ‘no-fault’? This essay will argue that identifying who is at ‘fault’ is still very much a feature of the divorce system in Wales and such element can be proved decisive in determining issues such as division of financial assets, child contact and residence. Such approach was also put forward by John Eekelaar that the law that the current law of divorce is ‘deeply corrupting by the law itself’ as the individuals are prevented from accessing to their legal rights conferred on them by law.[20] Application of ‘no-fault’ divorce In order to obtain a speedy divorce, it is more likely that the parties to a relationship would be more willing to rely on fault- based divorce. The courts have taken a strict approach in allowing a non-fault divorce and the degree of separation does not limit to the normal notion of physical contact but it also involves mental element. For instance, in Mouncer v Mouncer, regardless the facts that the parties were slept in separate bedrooms, it was held that they were living apart as they continued to spend time with their children together.[21] At this point, it can be concluded that the law has failed to provide an effective method of no-fault divorce and this forces the party to a relationship to initiate a divorce claim by alleging fault on the part of the other party. In the other words, the law has failed to fulfil its original objective that to enable the parties of a marriage to end their relationship with minimum bitterness and hostility. Fault remains as an important exists that dominate the law of divorce in England and Wales today. Despite its decisive role in establishing a ground for divorce, the courts have also emphasised ‘fault’ of the parties in determining the consequences of a relationship breakdown. Division of financial assets and Child contact and residence According to Thorpe J in Dart v Dart, the court are given wide discretion to make orders which suits the needs of individual cases, albeit guided by the various factors set out in the statutory framework. With regards to the financial distribution on marriage breakdown, section 25(1) of the MCA 1973 required the court to take into account to all circumstance of the case, whereby section 25(2)(g) provides that the conduct of the parties is one of the factors that should be considered. Even though, it is arguably that the introduction of no-fault divorce by MCA 1973 reduced the significance of fault in determining the distribution of property, but by reviewing the case law, the outcome of the reform is somehow disappointing. In K v K, the court held that the husband was not entitled to his wife’s assets due to the facts that he had sexually abused his wife’s grandchildren.[22] Also, in H v H (Financial Relief: Attempted Murder as conduct), the wife was given a greater pri ority in the financial distribution because the husband had attacker her with knives and was convicted of attempted murder.[23] It is apparent that the fact that a spouse has behaved very badly will inevitably affect his or her entitlement to a greater priority in the financial distribution, and this encourages further animosity between the parties. As a result, section 25(2)(g) was highly criticised as it undermines the aim of the law to remove incentive to make allegations of fault in order to divorce peacefully. On the other hand, it must be noted that, by virtue of section 2(1) of Children Act 1989, the parental responsibility of the parties remains even after divorce. In determining the issue in relation to child contact and residence, the welfare checklist set out in section 1(3) of CA 1989 plays a prominent role in the decision making. Within the checklist, there is no reference to the ‘fault’ element at the part of the parents, but the courts are tend to grant the relevant order in favour of the ‘innocent’ parent with the conception that it will be the children’s best interest not to stay or even in contact with the ‘fault’ parent, particularly in the cases of domestic violence. Conclusion In conclusion, it is undeniably that the approach to divorce in England and Wales cannot be described as one of ‘no-fault’ as the ‘fault’ element is still playing a prominent role in relation with the issues of divorce and its consequences. Nevertheless, we are not arguing a reform towards a purely no-fault divorce because, as according to Deech, this will give too much freedom to the individual and give them a wrongful thought that divorce something can be obtained easily.[24] Instead, we are saying that the system of divorce should be balanced between a mixed mechanism with both ‘fault’ and ‘no-fault’ ground for divorce[25] but not letting the ‘fault’ feature dominate the whole system alone. (1041 words) Bibliography Table of Cases Ash v Ash [1972] 1 All ER 582 Clearly v Clealy [1974] 1 All ER 498 Dennis v Dennis [1955] P 153 Farnham v Farnham [1925] 133 LT 320 Goodrich v Goodrich [1971] 2 All ER 1340 H (A Minor), Re (1980) 2 FLR 253 H v H (Financial Relief: Attempted Murder as conduct) [2006] 1 FLR 990 K v K [2010] EWCA Civ 125 Livingstone- Stallard v Livingstone- Stallard [1974] Fam 47 Mouncer v Mouncer [1972] 115 SJ 327 O’Neill v O’Neill [1975] 1 WLR 1118 R (A Minor)(Contact), Re [1993] 2 FLR 762 Richards v Richards [1972] WLR 1073 S (a minor) (Custody), Re [1991] 2 FLR 388 Sapsford v Sapsford [1954] P 394 Serio v Serio (1983) 4 FLR 756 Stewart v Stewart [1973] 1 Fam 107 Table of Legislation Children Act 1989, s.1 Children Act 1989, s.2 Children Act 1989, s.3 Children Act 1989, s.8 Children and Families Act 2014, s.12 Matrimonial Causes Act 1973, s. 1 Matrimonial Causes Act 1973, s. 3 Matrimonial Causes Act 1973, s. 25 Secondary Sources Books Gilmore S and Glennon L, Hayes and Williams’ Family Law (4th edn, OUP 2014) Articles Deech R, ‘Divorce- A Disaster?’ [2009] FLR 1048 Eekelaar J, ‘Family Law- Keeping us â€Å"On Message†Ã¢â‚¬â„¢ [1999] CFLQ 387 Law Commission, Family Law: The Ground for Divorce (Law Com No 192) [1] Matrimonial Causes Act, s.1(1). [2] [1972] WLR 1073. [3] Children Act 1989, s.2(1). [4] Ibid, s.1. [5] [1955] P 153. [6] [1954] P 394. [7] [1925] 133 LT 320. [8] Serio v Serio (1983) 4 FLR 756. [9] [1974] 1 All ER 498. [10] [1971] 2 All ER 1340. [11] [1974] Fam 47. [12] [1975] 1 WLR 1118. [13] [1972] 1 All ER 582. [14] Children Act 1989, s.1(1). [15] [1973] 1 Fam 107. [16] [1991] 2 FLR 388. [17] (1980) 2 FLR 253. [18] [1993] 2 FLR 762, Butler- Sloss LJ. [19] Royal Commission on Marriage and Divorce (Cmd 9878, 1956). [20] John Eekelaar, ‘Family Law- Keeping us â€Å"On Message†Ã¢â‚¬â„¢ [1999] CFLQ 387. [21] [1972] 115 SJ 327. [22] [2010] EWCA Civ 125. [23] [2006] 1 FLR 990. [24] Ruth Deech, ‘Divorce- A Disaster?’ [2009] FLR 1048. [25] Law Commission, Family Law: The Ground for Divorce (Law Com No 192).

Monday, August 5, 2019

Reason Of Adopting Interpretivism Approach Psychology Essay

Reason Of Adopting Interpretivism Approach Psychology Essay Cooper and Emory 1995 cited Saunders, 2007 defines research as to provide information systems to solve the problem query. Research methods, will help to achieve research objectives, is also very important to explore the ways of solving the research problem. Saunders, etc., (2007) referred that research method is a process of directing how the theory should be taken. Here, mostly observation and questionnaire survey and interviews, are used in related to the statistical and non statistical analysis. When the definition emphasizes the systems approach of research (Cooper and Emory University, 1995, cited Saunders, etc., 2007) suggested that the research study is based on a rational manner with the overall flow of logic and not just researcher belief. The collected data can help researchers to obtain answers to research questions. Organization of Research Methodology is given below: Research Philosophy Research Approach -Research Method Research strategy Research Sample Research Ethics Figure: Research Process the Onion Metaphor: Saunders et al (2007) p101 In this research study, among three philosophies such as: positivism, interpretivism and realism, the researcher will use the interpretivism philosophy. In this dissertation, there is utilized the inductive approach. In relation to this research study, there will be used the qualitative method of research. Both of primary and secondary data collection method will be used in this research. Here, for conducting this research, the researcher used the questionnaire and sent a set of questionnaire via email to the HR manager of the Radisson hotel. 3.2 Research Philosophy There is needed to contain the clear idea about the philosophy of research study for the purpose of achieving the objectives of this dissertation. Saunders refers that significant assumptions are contained by the philosophy of research which described about the way of viewing the world by the researcher and these assumptions can be used for the purpose of underpinning the strategy of research (Saunders et al., 2009, p. 110). Schutt 2006 cited in Saunders, 2007 mention that if the researcher investigates the social world it is possible that researcher own assumptions also shaped the investigation that how the business world can be the best examine that is the research philosophy. This sometimes refers that the way how researcher views the world. Saunders et al (2007) also argue that before investigating the questions your research raise, it is important to clarify your philosophy you adopt (Schutt 2006 cited in Saunders et al., 2007 ) mention five philosophy of social world positivism, post positivism, inter subjective agreement, Interpretive and constructivism. Although Saunders et al (2007) categorized these into three main philosophies, positivism, Interpretive and realism. By investigating, one can get significant information about customer relationship management (CRM) and its related software, and how it can work in the organization, if one considers the global hotel business, such as Hilton, IBIS, Holiday Inn, Travelodge etc which are the orders of limit their consumer life period . Here the above mentioned research philosophies are discussed in detail below: Positivism: Positivism can be termed as the natural scientists philosophical stance (Saunders et al., 2009, p.113). it is also referred as the methodology which is structured highly due to which it is possible to replicate and there can be created the law like generalizations results. In relation to the law like generalizations, it has been meant by the author that the researcher conducts the research study with same topic where same conclusion can be occurred. Interpretivism: Epistemology is referred by the interpretivism philosophy which indicates that the researcher should know about the differences among human in terms of their roles as the social actors (Saunders et al., 2009, p.116). this philosophy of research has the main conception of interpreting the human social roles by the researcher in relation to the set of meaning of the research study. In addition, two traditions such as: phenomenology and symbolic interactionism is the main source of interpetivism. Phenomenology can be defined as the way of making sense among human throughout the world. symbolic interactionism refers that the human involves the continual process by which social world is interpreted surrounded people where the researcher interpreted other peoples action with whom the researcher interacted and it can be focused towards the adjustment with our own meaning and actions. Moreover, it has been stated by Saunders (2009) that signifcance of interpretivistic philosophy focused towa rds research willingness for adopting the empathetic stance. One challenge is existed that which is entering to the social world in relation to the subject of research and understandng about the research world from the research perspective. At the end, Smith (2002) concludes that the situation of business is not only complex but also appeared as the unique. They contains the function of the specifc set of circumstances and also individuals. In this research study, interpretivism philosophy will be applied by the researcher. Realism: Realism refers to the reality, the meaning of which is indicated towards the sense of showing the truthness of reality: an existence independent of the human mind is having by the objects (Ester-smith, 2004). In addition realism can be divided into two division such as: direct realism and critical realism. Direct realism refers that you get those things what are seen by you, from this perspective the world is portrayed by our experiences achieving through sense. It has been argued by the critical realists that our experience is the sensatios. Reason of Adopting Interpretivism Approach: An interpretivism approach will be followed by this study. For this research study, it is appropriate because a phenomenon such as: specific issue about CRM is explained by the researcher on the basis of the already established research and literature. Moreover, qualitative research is used on this research study which is related with the interpetivism approach. 3.3 Research Approach: In accordance with Saunders (2009), two general ways are there to approach the problem of research for example: deductive and inductive approach. Now, the details of these two approaches are discussed below: Deductive Approach: The deductive approach can be relied towards the thinking by logical way and theory is used there for drawing the conclusion. On the other hand, deductive approach indicates that the main source of conducting research study is using theories which are already establishied and also using model by using which there are develloped the proposition and after that there are tested the proposition by empirical studies. There is used the deductive approach while a theory is developed and also developed hypothesis on the basis of already established facts and theories at the specific field, because of which a research strategy is designed by the researcher and also a theoretical proposition is tested through the researcher. Inductive Approach: In inductive approach, empirical study is the main orgin of conducting research study and existing theories are used for conducting these empirical studies. The main starting point of inductive approach is the data collection and the formulation of theory from the results. Nevertheless, in case quantitative studies, inductive approach can be used. On the other hand, there has the main difference among the deductive and inductive approach which is that deductive approach first use a theory and then practice it and inductive approach first collect the data and then formulate the theory that mean practice to theory. Reasons for Using Inductive Approach: In this dissertation, there is utilized the inductive approach because the inductive approach involves beginning with a set of empirical observations, seeking patterns in those observations, and then theorizing about those patterns and the deductive approach involves beginning with a theory, developing hypotheses from that theory, and then collecting and analyzing data to test those hypotheses. In case of this research study, collected data will be analyzed through empirical observation and applying these observation for establishing theories of CRM. 3.4 Research Method: The method of research can be classified into two types such as: qualitative and quantitative method. Both of these methods are described below: Qualitative research: It is possible to find out the reason or purpose for making research study through the qualitative research where there is not used the method in relation to the unstructured information that can be conducted by the analysis on the time of research course. Various ways are there by which there can be conducted the qualitative research. Such as: feedback norms, videos, emails and the interview transcripts. In the qualitative research, there is included the basic feature of theoretical concept where this type of research study is not related with the statistics and number in terms of the domain of the qualitative research. It can be defined as the enquiry method by which there are dealing the academic things disciplines by explaining the social sciences in the research market field and along with other context (Bryman 2008). The main purpose to conduct the research of qualitative and along with using this research form study through the researcher is getting knowledge on the human beha vior and different issue that can be occurred in terms of the human behavior nature. there can be also investigated the motives and purposes by this research study which can be applied in order to making decision while it cant be connected with the incidental values. In hence, qualitative research has the smaller context but for the purpose of doing this kind of research study, greater focus value should be given by the researcher or larger sampling should be adopted by him or her. There can be produced the information through applying this research method and in order to drawing the general conclusion, hypothesis should be made by the researcher in case of the research study and after that quantitative method is used by the researcher to test the hypothesis validity. Quantitative research: In order to gathering information and data, there can be used the quantitative method of research study. This kind of research method is mainly depended on the numerical data or statistical data and it is possible to measure this form of data easily. In this research method, there are used some research techniques such as: Graphs, tables and statistics by which there can be interpreted the gathered data and information by the researcher in the research study and it is considered as the major difference among the qualitative and quantitative research. In order to making scientific research, both techniques of research for example: qualitative and quantitative or either qualitative or quantitative can be used and biology, physics are the example of scientific research. There are existed the controversies on the using of both of these methods in research study and along with there is also consisted of the ideology in the research techniques forms in case of some certain fields for example: psychology, social anthropology and sociology. Each researcher has the different way of thinking due to which various forms of research methods are used by several researchers. In case of certain matters, there can be produced the information through applying this kind of research study and in order to making the genera l conclusion, hypothesis should be made by the researcher in terms of research study and then quantitative method can be used by the researcher to test the hypothesis validity. Reasons for Using Qualitative Method: In relation to this research study, there will be used the qualitative method of research because of some reasons. This research study is mainly theoretical based where at first theory is formulated and after that the theory is established by analysing collected data. There will not be used any kinds of numerical data or statistics but for interpreting qualitative data, graphs and charts are used by the researcher. 3.5 Research Type: Generally, every one seeks information in different ways. Researchers are also trying to use logical approach to search. Another way, the system can be determined the exact sciences and appropriate topics in any information of search. This is the main point of the survey is to identify, understand the establishment plan, we will try to follow the amount of information owned a large sort of subjects can communicate. In addition, the technology is not a prerequisite to any study; we can use it whenever we need. Survey methodology, we can be divided into different groups: Social Research : Here, the researcher used the social research. For this type of survey research, we follow the theory of scientific information and to disclose more details of the relevant the environment and its past history. In addition, the classification can be divided into academics and non academics, or to maintain the type of application structure or process. The Procedures are as follows: (Ravarini, A., 2002) Types of Research: The purpose of the research process is mainly aimed to create new knowledge .The research in the process have three types. These three types of study are: to explore research and constructive research and empirical studies in the final. Here empirical studies will be conducted by the researcher because numerical terms will be used to interpret and analyze the collected data. 3.6 Data collection Method Primary research: In case of primary research methods, data is not engaged in obtaining from the current literature. It can be gathered by the field research. In particular, the use of primary information is related with the investigating and conducting interview. Main equipments to perform the research are described below: 3.6.1 Face to face interviews: In the face to face interview, interviewer can give answer straightforwardly to the question of the researcher, which usually involves maintaining the sequence of question. There may be short answer questions. In most cases, the answer is incomplete, or the like yes or no. 3.6.2 On-line survey: Online survey is considered as the most commonly used survey which is conducted through the internet. This can be conducted via email by sending questionnaire. 3.6.3 Telephone interview: This is equivalent to other interviews; the questions that asked are almost same for interviewees, and often short. 3.6.4 Questionnaire: Some of the questionnaires are distributed via online such as using: email. Here, for conducting this research, the researcher used the questionnaire and sent a set of questionnaire via email to the HR manager of the Radisson hotel. In this research study, for collecting data face to face interview, online survey and telephone interview will not be used. 3.7 Secondary research : In case of secondary research, information is used for conducting research studies that have been already used, and this information is already available in the literature which can be gathering through other researchers. Secondary research is considered as the data collection methods. This form of study is considered the most significant research because it is used for comparison and analysis. This type of source of research data can be printed resources, examples are: journals, newspapers, Trade magazines, books, electronic, along with the source such as: software package, or on-line service. It is very much needed to take care about that the original source can get credit when secondary sources are used by the researcher (WL Newman (1991). 3.8 Time Horizon: For every research types, the frame of time is considered as the most significant for majority of the researcher. Hence, there is needed for understanding that the research refers to something where time is needed and it will not be the same time period for one research type as comparison other type of research. Two types of studies have been identified by the Saunders (2009) such as: cross sectional studies and longitudinal studies. It has been meant by the cross sectional studies that the study conducted on the certain phenomenon or phenomena in a specific period of time. It is common to use these types of studies in research project where a time constraint is there and there is designed the research with the snapshot forms. In case of longitudinal studies, opportunity is having by the researcher for the purpose of investigating if any changes or developments are there for a specific period of time. In comparison with the cross sectional studies, a phenomenon about various occasions are studied by the longitudinal studies; after that there is designed the research with the form of diary. In this study, there is used the cross sectional approach with the time constraint and the study about the specific phenomenon in a specific period of time. 3.9 Sampling: After conducting the interview through the researcher, there is conducted a survey for the purpose of finding out customer relationship management (CRM) strategy allows the organization for achieving the competitive advantage with the retention of customer by meeting the customers demand. Because of time limitation, 50 peoples are taken by the researcher as a sample size from the perspective of the analysis of data and finding easily. Managers of the hotels are the respondents who participated on the survey. 3.10 Ethics: In order to conducting the research study, there should be maintained some ethical issues by the researcher. Such as: information disclosed and security concern. Not all companies share their private information to other persons due to privacy. Along with this, some respondents dont want to disclose their feedbacks due to security reasons. On that case, the researcher should have to confirm the respondents their opinion will not be provided to any third parties. In addition, the researcher should handle all the respondents without any biasness so that all respondents feel free to give their feedback without any hesitation. 4.00 Design of the Research Questionnaire: Question 1: How CRM can be defined from the perspective of the hotel business? Question 2: How CRM contributes to gain competitive advantage by the hotel business? Question 3: Is your organization considered CRM as a strategy of business? Question 4: What is the relationship between customer and the strategy of CRM? Question 5: How the strategy of CRM of the hotel business can be differed with each other? Question 6: What is the contribution of CRM strategy in the customer retention and satisfaction in the company? Question 7: Through which way customer conflicts can be handled by the company?

Sunday, August 4, 2019

Comparison of Romeo and Juliet and West Side Story :: comparison compare contrast essays

A Comparison of Romeo and Juliet and West Side Story.      Ã‚  Ã‚  Ã‚  Ã‚   There is a lot in common between the two plays Romeo And Juliet and West Side Story.  Ã‚   The main male characters have many things in common.   In fact, Toni and Romeo both miss the beginning fight at the beginning of the plays, they both fall in love and end up getting killed.   The difference between the two is that Toni takes place in the 1950s'', while Romeo happens in Elizabethan times (the late 1500s).   The two main female characters also have many things in common.   Juliet and Maria both come from families that hate each other's boyfriend's families.   Something that makes Juliet different from Maria is that Juliet dies and Maria lives.   In both of these plays the main male character kills a relative of their lover.   In Romeo And Juliet, Romeo kills Tybalta, Juliet's cousin.   In West Side Story, Toni kills Bernardo, Maria's brother. There was a person in both play's that tried to make peace.   These people were the Prince and the Lieutenant.   The Prince, from Romeo And Juliet, had told Romeo and Juliet's families that if there was another riot that the heads of each family will be killed.   The Lieutenant, from West Side Story, had told the Puerto Rican's and the American's that if they get into another fight they all will have to go to jail. The difference between the two peace-makers is that the Prince has more power than the Lieutenant.   In the story of   Romeo and Juliet, Paris wants to marry Juliet against her wishes.   Her father wants Paris   West Side Story to marry Juliet.   Juliet goes off and marries Romeo without telling anyone.   In Chino wants to marry Maria against her wishes, just like Paris in Romeo and   Juliet.   Maria and Toni do not get married, which is in contrast to Romeo and Juliet. Marcucio in Romeo and Juliet, is killed while battling Tybalta.      In West Side Story Riff is killed in a knife fight with Bernardo.   Both deaths are accidental and cause the hero's ( Romeo and Toni) to kill the close relative of their lovers (Tybalta and Bernardo).   Both stories conclude in the sad

Saturday, August 3, 2019

Suffering and Injustice in the Opening Chapters of Charlotte Brontë’s J

Suffering and Injustice in the Opening Chapters of Charlotte Brontà «Ã¢â‚¬â„¢s Jane Eyre At the time the novel Jane Eyre was written, it was very difficult for women writers to have their books published. Charlotte Brontà « was very aware of the problem, and cleverly changed her name to Currer Bell so the book would be accepted. Luckily for Charlotte, her novel Jane Eyre was published in October 1847, and since writing this novel, Charlotte Brontà « has become very popular, and a classic author. The Victorian era was a time of great social division between the rich and the poor, and this is shown in the novel by the description of certain characters for example Bessie – the poorer class, and Mrs. Reed – the richer class. The poorer classes and working classes were made to work in very dangerous conditions and were paid very little. In contrast, many of the upper classes did not have to work, and some of them employed the poor to work for them. Many of the poorer families lived cramped together in very small houses, where as the rich lived in huge, very comfortable homes. This background of injustice is made clear in the book, as Charlotte Brontà « wanted to highlight what life was like for Jane Eyre, the Reed family and servants like her character Bessie who worked in the wealthy house in Victorian times. Charlotte Brontà «n seems as though she feels quite strongly about these issues - both of Charlotte’s elder sisters died in 1825 in circumstances that have great importance for the story Jane Eyre - and is trying to convey to the readers of her book the many injustices and extremes in Victorian society. Charlotte Brontà « wrote the book Jane Eyre in first person narrative so we can feel Jane’s outmost thoughts, opinion... ...e character of Jane Eyre, and if she had been the slightest bit different I would not have this opinion of her. At parts she has made me laugh, and other parts brought a tear to my eye. I feel for her, as she does not have any family, and because of this has suffered greatly. From the way Charlotte has evoked Jane’s feelings, the reader is able to understand what it is like, and the emotions you feel. Jane Eyre is a very determined ten-year-old girl with a great personality, and Charlotte Brontà « could not have used a better character on which to base the novel. She is definitely my favourite character in the book, mainly because of her determination and pride. The book of Jane Eyre has many life changing decisions, and I have sometimes wondered if it was me that had to make those choices, whether they would have been as successful as they were for Jane.

Friday, August 2, 2019

Child Abuse and Neglect :: Violence Against Children

  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The safety and security of home are comforts we all wish for no matter what age we are. Though some of us get our wish roughly six million children don’t(United States Department of Health). Children who are battered and bruised, beaten, and in some causes sexually assaulted are constantly looking for an escape from the torture brought upon them by their own parents. These children average in age only four years old (Jones, Smothers F8 ) endure more pain at their young age than most of us face in a life time. The crime hurts children physically, emotionally and in most cases the pain goes on for a life time. The memories of climbing into bed with your parents are replaced with memories such as your father’s hand lashing your back for absolutely nothing because he is not in the right mind caused by all the alcohol. Making matters worse is that these children are too afraid to tell the world of the anguish and continue a life of hiding bruises and making excuses. As for t he children who are brave enough to tell, they get it no better if not worse. They are recklessly thrown into foster home after foster home. They face such hard ships as limited space with an enormous amount of children. Throughout all this, they never learn the true meaning of family. Why is there a lack of effort put into this crime? One is left to guess for the reasons are far too hard to comprehend. With so much drama and war around the world, Americans would like to convey an image of security and safety, once doing so we tend to black out the horrible acts of abuse occurring against our own children, causing child abuse to be a very neglected crime. â€Å"Having children makes you no more a parent, than having a piano makes you a pianist.†(Levin, www.brainyquote.com/quotes/authors/m/michael_levine.html) With that being said the United States continues to give parental right to drunks and abusers without realizing the ripple affect it has on all of us. These children whose minds are being wasted not by lack of effort but by lack of parenting and lack of care from the government, have the ability to grow and become future leaders, heroes, and peace makers of our world. Why not take the extra effort in making sure that our future is being looked out for in our present? Child Abuse and Neglect :: Violence Against Children   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The safety and security of home are comforts we all wish for no matter what age we are. Though some of us get our wish roughly six million children don’t(United States Department of Health). Children who are battered and bruised, beaten, and in some causes sexually assaulted are constantly looking for an escape from the torture brought upon them by their own parents. These children average in age only four years old (Jones, Smothers F8 ) endure more pain at their young age than most of us face in a life time. The crime hurts children physically, emotionally and in most cases the pain goes on for a life time. The memories of climbing into bed with your parents are replaced with memories such as your father’s hand lashing your back for absolutely nothing because he is not in the right mind caused by all the alcohol. Making matters worse is that these children are too afraid to tell the world of the anguish and continue a life of hiding bruises and making excuses. As for t he children who are brave enough to tell, they get it no better if not worse. They are recklessly thrown into foster home after foster home. They face such hard ships as limited space with an enormous amount of children. Throughout all this, they never learn the true meaning of family. Why is there a lack of effort put into this crime? One is left to guess for the reasons are far too hard to comprehend. With so much drama and war around the world, Americans would like to convey an image of security and safety, once doing so we tend to black out the horrible acts of abuse occurring against our own children, causing child abuse to be a very neglected crime. â€Å"Having children makes you no more a parent, than having a piano makes you a pianist.†(Levin, www.brainyquote.com/quotes/authors/m/michael_levine.html) With that being said the United States continues to give parental right to drunks and abusers without realizing the ripple affect it has on all of us. These children whose minds are being wasted not by lack of effort but by lack of parenting and lack of care from the government, have the ability to grow and become future leaders, heroes, and peace makers of our world. Why not take the extra effort in making sure that our future is being looked out for in our present?

Thursday, August 1, 2019

The Strongest Man Upon the Earth Is He Who Stands Most Alone Critical Lens Essay

According to Henrik Ibsen, â€Å"The strongest man upon the earth is he who stands most alone. † In other words, what this quote means is that the strongest man is the most independent; individuals who do not need to rely on others to survive. Individuals who stand alone are the ones who realize the strength within themselves and become powerful characters. This quote is valid because individuals who like to take actions on their own and at their own pace become the most successful.Two works of literature that support the validity of this statement are The Catcher in the Rye, by J. D. Salinger and The Color of Water, by James McBride. The Color of Water, is a memoir, set in a variety of settings; from Suffolk, Virginia, to Wilmington, Delaware. It recounts the past lives of protagonists James and Ruth, and recalls the 1920s all throughout the 1990s. One of the protagonists, Ruth McBride, is characterized as an admirable and extraordinary woman and shows signs of independence t hroughout her lifetime.She managed to overcome the painful memories of her adolescent years; ranging from her father’s indecent behavior and mistreatment, to having an abortion at such a young age. She followed her heart and left behind her family and friends in search of a new life; away from the life that was so cruel to her. She showed signs of independence even â€Å"when the going got tough. † For example, after her first husband had passed away, she did not crumble under the pressure that she was facing.Instead, she married again and raised her children to be successful and educated, even during such harsh conditions. Also, Ruth was not afraid of public opinion when she had married an African- American man. This marriage caused her family to condemn her and shows that those who do not rely on others become stronger and more powerful individuals. The Catcher in the Rye, is set in New York City during the 1940s. The protagonist, Holden Caulfield, is characterized a s an individual who has been independent for a great part of his life.From an early age, his parents have been too â€Å"occupied† to spend time with Holden and they did not show much interest in their children. For example, he was shipped to school and when he would get expelled; his parents paid no mind and sent him to another school. He lived away from his family for a great part of his life and because of being independent at such an early age; he later on endeared a mental breakdown and ended up in an asylum.However, being independent made Holden realize that he has a problem and that if he would not have gone to the asylum and seeked help from professions, then he would not have been able to become a stronger and more successful individual. Ultimately, The Catcher in the Rye, by J. D. Salinger, and The Color of Water, by James McBride, both support the validity of the quote, â€Å"The strongest man upon the earth is he who stands most alone, said by author Henrik Ibsen . As life goes on, individuals will learn and realize that isolating yourself will not get you anywhere in life; it will only hurt you.You can be in control of your own destiny and you will gain perspective on your life. Both protagonists, Holden Caulfield and Ruth McBride, teach us that to ensure a prominent future, you need to overcome obstacles in all situations. This will better you as a person and will offer you a sense of what happens in the real world. Being independent allows you to see the world from a different perspective and no matter what life throws at you; you can get up from the ground, start again, and begin leading your life to a successful future.

International business in focus Essay

Do you know that the world has become smaller because of the current global financial crisis? Global financial crisis is a song that has been sung by every tongue one time and again. Screaming headlines on global economic crisis have been posted on all sorts of newspapers available on earth. Radios and televisions do not take a break either when reporting about the world’s financial crisis. It is not a song of praise that has been sung about global financial crisis but one that is directly opposite of what praise means. Global economic crisis has been a monster in the world and countries have been reduced to nothing. All sectors of the economy have been touched by global financial crisis. It has had negative impacts on several areas. This term paper examines the global financial crisis and its impacts on the tourism industry for the past two years. The Global Financial Crisis For a better understanding of the impacts that are brought about by financial crisis on the tourism industry, it is important to first look at the global financial crisis in general. For the past two years, the economy of the world has been characterized by escalating fuel and food prices, collapse of financial markets, and contraction of the world’s economic demand. The economy around the world declined in growth from 5. 2% in the year 2007 to -1. 1% in the year 2009 (Commonwealth of Australia, 2010). Global financial crisis is therefore not a new term and it has been the topic of the day. Its effects began to be felt seriously in the year 2008. All around the globe, stock markets have been reduced to pieces, financial institution that seemed to rule the world have fallen while other have been sold out, and the wealthiest governments on earth have been forced to establish rescue packages as a way of bailing financial systems. In general, the whole world has been reduced to nothing by the current financial crisis. The global financial meltdown has affected people’s livelihoods in the interconnected world (Shah, 2009). The financial crisis has deepened disrupting many systems. It has gone way too far than even the Great Depression (Chossudovsky, 2010). Critics argue that the problem that the world is facing today could be avoided only if the ideologies that support the present day economic models had not been as vocal as they are, so influential and inconsiderate to the views and concerns of others (Shah, 2009). The financial crisis in the world has seen the collapse of the sub-prime mortgage market in the US as well as the housing boom reversal in industrialized economies. Additionally, there are other weaknesses that have been exposed in the so called global financial system. Some of the financial instruments and products have become complex that every aspect of life has taken a new turn. The tourism industry has not been spared either (Shah, 2009). The Tourism Industry Tourism has been a major export in many countries. Many countries around the globe rely on tourism as a source of their revenue. Money that is earned from this sector is used to develop other key areas (Economics Department Caribbean Development Bank, 2008). The industry has several divisions such as the travel agents, international and domestic airline industries, hotels and restaurants, and several other tourism boards. In many areas around the world, the tourism industry has stakeholders such as the foreign embassies, tourism associations, international organizations, and mass media to promote the industry, tourism information centres, and travel writers (Lauder, 2008). For the past sixty years or so, the tourism industry has continually diversified and grown to be ranked among the largest fast growing sector in the economy all over the world. More destinations have over time opened up and more investments have been made in the development of the tourism industry. Modern tourism has been a key-driver for the socioeconomic progress. Some countries in the world can barely stand without tourism. It has become very important in the international trade market. Large amounts of money in terms of foreign exchange are earned from the tourism industry. The export income that is generated by the international tourism is currently ranked fourth after automotive, chemicals and fuel products. Developing countries benefit a lot from tourism. In fact, it is the main source of income and number one export. Tourism industries in the developing worlds have created employment opportunities for masses and at the same time leads to other developments such as infrastructural development. The world has in the recent years been hit by the financial crisis. How then will the global financial crisis be reflected in the tourism industry? Mladenovic & Zlatkovic, 2009) The industry as has been explained before is a very important sector in the economy of many countries. It has positive impacts on the economy of the host country through the foreign exchange earnings. More still, the host country benefits as jobs for the citizens have been created, relieving the country of the unemployment burden. Poverty is eradicated in the process and social services and infrastructure improved. In the overall, tourism leads to the development of the host country and the world in general (OPPapers. com, 2010). Impacts of the global financial crisis on the tourism industry The current global financial crisis has disrupted the tourism industry; the efforts that have been made by the industry have borne little or no fruit. Huge are the losses that have been suffered by the tourism industries all around the world (OPPapers. com, 2010). The United Nations Tourism Organization had predicted that till December 2008, the tourism sector’s growth would be slowed down by about 2-3% by the global financial crisis. The impact of the crisis, as reported, would still be felt in the year 2009. True to their word, tourism arrivals decreased significantly in several ports of the world such as in Polonia Airport in Indonesia. There was 85% tourism decrease in this particular port (Wieke, 2008). As Laude reported in an article on, Global financial crisis bites tourism industry, â€Å"As the global financial crisis bites, the †¦international tourism market is headed for its worst downturn in two decades â€Å"(Laude, 2008). In Austria, a forecast that was prepared for Tourism Austria had warned that the international tourists’ numbers to Austria would significantly be cut by 4% or more in the year that followed. All around the world, the number of tourists have been cut off (Lauder, 2008). As had been pointed out earlier, the tourism industry provides job opportunities to the citizens of the host country, and earns foreign exchange to the host country. When the tourists’ numbers are cut out, many people are bound to lose their jobs in the process as well as reduced foreign earnings putting the country at a greater economic crisis (Lauder, 2008). According to an article by Lauder on, Global financial crisis bites tourism industry, â€Å"Global tourism is already feeling the effects of the financial crisis† (Lauder, 2008). The United Nations Tourism Agency had on October 16th 2008 warned that tourism industry would experience sharper downturn in months that would follow (Lauder, 2008). Businesses are affected in the process such as those that sell products to tourists. The consumer demands have fallen in the tourism leisure sectors. These businesses are very supportive to the economy as they pay taxes to the government. This means that the economy is in turn affected by the reduced taxes (UN News Centre, 2008). In addition when there is a global economic crisis, the amount of disposable income shrinks. The small tourism businesses such as the local travel agencies and the tour operators that cater for both domestic and international tourist suffer a major setback when individuals’ level of disposable income decreases. The locals also constitute to the tourism industry but when the economy is tight on them, they spend less on domestic tourism (Kaar, 2009). In the northern hemisphere for instance, the international tourism had grown by 5% in the year 2008 as compared to the year 2007. However, this was short lived as it began to take a downward slide especially during summer holidays. Numerous businesses in the world are suffering from credit crunch as many customers cut back their travel spending (UN News Centre, 2008). In Vietnam, it was not until the collapse of Lehman Brothers in the mid of 2008 that it dawned to the world that the financial crisis was enormous. The financial crisis that was facing the US shook the globe with credit. Asia, a world that had seen high growth rates with stringent banks and large domestic consumers, was not spared as it has suffered greatly as a result of the financial crisis (UN News Centre, 2008). Global financial crisis and its impact on the tourism industry on developing worlds The crisis that hit the world also affected the developing worlds. In the year 2009, the developing world’s economic growth was projected to be at 1. 7% as compared to the 8. 3% of the year 2007. Consequently, there has been a decline in direct foreign investment, export revenue which also includes the tourism revenue and remittance. As a result, many sectors such as the tourism industry have been affected. Many people have also lost their jobs. Others, who are lucky to have jobs, have been pushed to take low-income jobs. Poverty has resulted as a result of the global financial crisis (Commonwealth of Australia, 2010). The economic crisis that the world is facing has had major impacts on the developing countries. The international financial flows and the private financial flows to the developing countries have rapidly fallen rapidly. The international resource flows as well as the private capital flows have been affected, for instance, the Foreign Direct Investment (Mladenovic & Zlatkovic, 2009). As UNWTO in an article on, Tourism and financial crisis reports, â€Å"The tourism sector is suffering from reduced consumer demand -business and leisure- and tourism business are already feeling the credit crunch† (UNWTO, 2008). The members of UNWTO Executive Council had experienced market deterioration in the tourism sector (UNWTO, 2008). For the last two years, the financial crisis in the world has hit newspaper headlines. The tourism industry just like any other has not gone unaffected by this economic depression. The tourism industry has been greatly affected because it is extremely fragile and volatile unlike other sectors that do not feel any effect. As the United Nations World Tourism Organization observes, the situation is getting even worse in the sector. First, there has been a big drop in the demand of tourist goods as well as tourist leisure. The slow down is greatly felt during summer holidays when there is high expectation of a rise in the number of tourists storming the northern hemisphere (Tourism-review. com, 2010). The UNWTO had however given these predictions that the financial crisis would affect the tourism industry in the years 2008 and 2009. The organization had even set a Resilience Committee whose work was to support the members through providing them with accurate analysis of the economy as well as response mechanisms. The secretary-general of the organization, Franesco Frangiali had admitted that the financial crisis was bound to decrease the travel and the leisure spending. He also admitted that the situation created by the global financial crisis was not as bad as the one that had surfaced during SARS outbreak in the year 2003. The SARs as he claimed caused a lot of harm in the tourism industry (Tourism-review. com, 2010). â€Å"Because the financial crisis is global, the fears and impacts of it are global as well† (Tourism-review. om, 2010). These are words picked from an article, Financial crisis impacts on the tourism industry, by Tourism-review. com. According to a report by the International Monetary Fund, the global crisis made a major impact in Caribbean, an island where the tourism industry is a very important boost to the economy (Tourism-review. com, 2010). In Kenya, the Minister of Tourism, Najib Balala had expected escalation of food prices as well that of other essential comm odities as a result of the global financial crisis. The tourism sector in the country could be badly damaged again just after it had recovered from the violence that erupted after elections in the year 2007. As had been feared, the tourism sector took a downward slide in the two years that followed as a result of the global financial crisis and it has not yet recovered from the shock (Tourism-review. com, 2010). The tourism industry is a very important sector in the economy of Tanzania. For many years, it has had positive effects on the Tanzanian economic development. It is not until recently when the financial crisis set in that the tourism industry was weakened (Lyimo, 2009).