Digital Fortress Chapter 20

La Clinica de Salud Publica was actually a converted elementary school and didn't much resemble a hospital at all. It was a long, one-story brick building with huge windows and a rusted swing set out back. Becker headed up the crumbling steps. Inside, it was dark and noisy. The waiting room was a line of folding metal chairs that ran the entire length of a long narrow corridor. A cardboard sign on a sawhorse read oficina with an arrow pointing down the hall. Becker walked the dimly lit corridor. It was like some sort of eerie set conjured up for a Hollywood horror flick. The air smelled of urine. The lights at the far end were blown out, and the last forty or fifty feet revealed nothing but muted silhouettes. A bleeding woman†¦ a young couple crying†¦ a little girl praying†¦ Becker reached the end of the darkened hall. The door to his left was slightly ajar, and he pushed it open. It was entirely empty except for an old, withered woman naked on a cot struggling with her bedpan. Lovely. Becker groaned. He closed the door. Where the hell is the office? Around a small dog-leg in the hall, Becker heard voices. He followed the sound and arrived at a translucent glass door that sounded as if a brawl were going on behind it. Reluctantly, Becker pushed the door open. The office. Mayhem. Just as he'd feared. The line was about ten people deep, everyone pushing and shouting. Spain was not known for its efficiency, and Becker knew he could be there all night waiting for discharge info on the Canadian. There was only one secretary behind the desk, and she was fending off disgruntled patients. Becker stood in the doorway a moment and pondered his options. There was a better way. â€Å"Con permiso!† an orderly shouted. A fast-rolling gurney sailed by. Becker spun out of the way and called after the orderly. â€Å"?Donde esta el telefono?† Without breaking stride, the man pointed to a set of double doors and disappeared around the corner. Becker walked over to the doors and pushed his way through. The room before him was enormous-an old gymnasium. The floor was a pale green and seemed to swim in and out of focus under the hum of the fluorescent lights. On the wall, a basketball hoop hung limply from its backboard. Scattered across the floor were a few dozen patients on low cots. In the far corner, just beneath a burned-out scoreboard, was an old pay phone. Becker hoped it worked. As he strode across the floor, he fumbled in his pocket for a coin. He found 75 pesetas in cinco-duros coins, change from the taxi-just enough for two local calls. He smiled politely to an exiting nurse and made his way to the phone. Scooping up the receiver, Becker dialed Directory Assistance. Thirty seconds later he had the number for the clinic's main office. Regardless of the country, it seemed there was one universal truth when it came to offices: Nobody could stand the sound of an unanswered phone. It didn't matter how many customers were waiting to be helped, the secretary would always drop what she was doing to pick up the phone. Becker punched the six-digit exchange. In a moment he'd have the clinic's office. There would undoubtedly be only one Canadian admitted today with a broken wrist and a concussion; his file would be easy to find. Becker knew the office would be hesitant to give out the man's name and discharge address to a total stranger, but he had a plan. The phone began to ring. Becker guessed five rings was all it would take. It took nineteen. â€Å"Clinica de Salud Publica,† barked the frantic secretary. Becker spoke in Spanish with a thick Franco-American accent. â€Å"This is David Becker. I'm with the Canadian Embassy. One of our citizens was treated by you today. I'd like his information such that the embassy can arrange to pay his fees.† â€Å"Fine,† the woman said. â€Å"I'll send it to the embassy on Monday.† â€Å"Actually,† Becker pressed, â€Å"it's important I get it immediately.† â€Å"Impossible,† the woman snapped. â€Å"We're very busy.† Becker sounded as official as possible. â€Å"It is an urgent matter. The man had a broken wrist and a head injury. He was treated sometime this morning. His file should be right on top.† Becker thickened the accent in his Spanish-just clear enough to convey his needs, just confusing enough to be exasperating. People had a way of bending the rules when they were exasperated. Instead of bending the rules, however, the woman cursed self-important North Americans and slammed down the phone. Becker frowned and hung up. Strikeout. The thought of waiting hours in line didn't thrill him; the clock was ticking-the old Canadian could be anywhere by now. Maybe he had decided to go back to Canada. Maybe he would sell the ring. Becker didn't have hours to wait in line. With renewed determination, Becker snatched up the receiver and redialed. He pressed the phone to his ear and leaned back against the wall. It began to ring. Becker gazed out into the room. One ring†¦ two rings†¦ three – A sudden surge of adrenaline coursed through his body. Becker wheeled and slammed the receiver back down into its cradle. Then he turned and stared back into the room in stunned silence. There on a cot, directly in front of him, propped up on a pile of old pillows, lay an elderly man with a clean white cast on his right wrist. Chapter 21 The American on Tokugen Numataka's private line sounded anxious. â€Å"Mr. Numataka-I only have a moment.† â€Å"Fine. I trust you have both pass-keys.† â€Å"There will be a small delay,† the American answered. â€Å"Unacceptable,† Numataka hissed. â€Å"You said I would have them by the end of today!† â€Å"There is one loose end.† â€Å"Is Tankado dead?† â€Å"Yes,† the voice said. â€Å"My man killed Mr. Tankado, but he failed to get the pass-key. Tankado gave it away before he died. To a tourist.† â€Å"Outrageous!† Numataka bellowed. â€Å"Then how can you promise me exclusive-â€Å" â€Å"Relax,† the American soothed. â€Å"You will have exclusive rights. That is my guarantee. As soon as the missing pass-key is found, Digital Fortress will be yours.† â€Å"But the pass-key could be copied!† â€Å"Anyone who has seen the key will be eliminated.† There was a long silence. Finally Numataka spoke. â€Å"Where is the key now?† â€Å"All you need to know is that it will be found.† â€Å"How can you be so certain?† â€Å"Because I am not the only one looking for it. American Intelligence has caught wind of the missing key. For obvious reasons they would like to prevent the release of Digital Fortress. They have sent a man to locate the key. His name is David Becker.† â€Å"How do you know this?† â€Å"That is irrelevant.† Numataka paused. â€Å"And if Mr. Becker locates the key?† â€Å"My man will take it from him.† â€Å"And after that?† â€Å"You needn't be concerned,† the American said coldly. â€Å"When Mr. Becker finds the key, he will be properly rewarded.†

Sale & Attachment of Property in Execution Decree

Chapter – I Introduction & Research Methodology 1. Introduction: The passing of a decree by a competent court conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit, thus creating substantive rights in favour of the decree-holder. However, lately it has been seen that instead of following the terms and conditions of the decree, judgment-debtors have been placing a number of obstacles in the way of a decree-holder. In fact, such a trend has become so prevalent that it has forced the Supreme Court to opine that ‘the difficulties of a litigant begin when he has obtained a decree’. Conscious of the significance and importance of giving effect to the decree and orders passed by competent courts, the Code of Civil Procedure provides for elaborate rules for the execution of decrees. In an attempt to ensure that a decree-holder is able to realize the benefits out of the decree, the Code of Civil Procedure gives a number of modes for the execution of decrees. One of these modes of execution of decrees is the process of attachment and sale of the properties of the judgment-debtor. Since, a decree holder does not by virtue of the judgment, get a right to the property, he cannot get the right by way of filing a suit but by attachment and sale in execution. While through the process of attachment the court informs the world that the property so ordered to be attached is â€Å"in its view† and â€Å"no existing rights and liabilities should be altered†; through the process of sale of the properties of the judgment-debtor, the Court diverts the money so collected to the decree-holder in satisfaction of his claim. However, by its very nature property may be of different types. Therefore, a judgment-debtor may possess either movable or immovable properties, or both. Thus, keeping in regard the differing characteristics of these two types of properties, the Code of Civil Procedure prescribes different procedures for the attachment and sale of movable and immovable properties. It is the endeavour of this project to examine the process of attachment and sale of movable and immovable property in a money decree and to intellectualize the reasons for the different process for the attachment and sale of movable and immovable property. 2. Research Methodology: The research scheme undertaken by the researcher is comprised of doctrinal study of the books available at the library of the Institute of Law and besides that the researcher has also taken the help of the internet to look into some of the Interpretation of some cases and principle of natural justice and the researcher the also taken in view the various cases which are relevant for the research work. 3. Research Hypothesis: †¢ What are the conditions under which attachment & sale of property becomes necessary, can it be done & how it is done. . Aim of Research: The aim of this project is to find out why sometimes it becomes very much necessary for the attachment of property even after the judgement has been declared & to examine the different ways under Code of Civil Procedure which provide for sale and attachment of property. 5. Scope & Limitation of Research: The scope of this project is limited to the study of the various provisions regarding attachment and sale of property in execution of decrees provided for in the Code of Civil Procedure. Chapter – II Attachment of Property . General: Section 51 (b) empowers the court to order execution of decree by attachment and sale or by sale without attachment of any property. The court is competent to attach the property if it is situated within the local limits of the jurisdiction of the court. [1] It is immaterial that the place of business of the judgement – debtor is outside the jurisdiction of the court. The words attachment and sale in clause (b) of section 51 are to be read disjunctively. Therefore, the attachment of the property is not a condition precedent. Hence, the sale of the property without an attachment is not void or without jurisdiction and does not vitiate the sale. It is merely an irregularity. An order of attachment takes effect from the moment it is brought to the notice of the court. Rule 54 provides for the attachment of immovable property and the procedure for the proclamation of such attachment. The object of Rule 54 is to inform the judgement – debtor about the attachment so that he may not transfer or create encumbrance over the property thereafter. [2] The code enumerates properties to be attached and sold in execution of a decree. 3] Likewise, it also specific properties which are not liable to be attached or sold. [4] It also prescribes the procedure where the same property is attached in execution of decrees by more than one court. [5] The code also declares that a private alienation of property after attachment is void. In Ghanshyam Das v. Anant Kumar,[6] while dealing with the provisions of the Code of Ci vil Procedure relating to the execution of decrees and orders, the Supreme Court had stated that the Civil Procedure Code contains elaborate and exhaustive provisions for dealing with the question of execution of decrees. More specifically, Section 51[8] of the Code of Civil Procedure enumerates in general terms the various modes of execution of a decree, one amongst which is the attachment of the property of the judgment-debtor. Procedure enumerates in general terms the various modes of execution of a decree, one amongst which is the attachment of the property of the judgment-debtor. 2. Object of Attachment: Execution of a decree takes place by attachment of property of judgment-debtor. In fact, the attachment of the judgment-debtor’s property s the preliminary step to the sale of property in execution proceedings and the underlying object of attachment of the property is to give notice to the judgment-debtor not to alienate his property to anyone and also to the general public not to purchase or to deal with the property of the judgment-debtor attached in execution proceedings. 3. Effect of Attachment: Section 64 of the Code of Civil Procedure makes it manifest that attachment has merely the effect of preventing private alienation to the prejudice of claims under attachment. It conveys no title, charge, lien or priority in favour of the attaching creditor. In fact, in Subbarao v. Official Receiver[7] the Andhra Pradesh High Court while dealing with the involuntary sale of the judgment-debtor’s flat under a decree of a court, stated that an order of attachment does not prevent a transfer by operation of law and nor does it create any interest or lien. 4. Property which can be Attached: Section 60 of the Code of Civil Procedure enumerates the properties, which are liable to attachment in execution of a decree. It states that all saleable property (movable or immovable) belonging to the judgment-debtor or over which or the portion of which he has a disposing power which he may exercise for his own benefit may be attached and sold in execution of a decree against him. More specifically, in State of Punjab v. Dina Nath,[8] wherein the right to officiate at funeral ceremonies was held to be not saleable, it was stated by the Supreme Court that Section 60 of the Code of Civil Procedure is not exhaustive and specific non-inclusion of a particular species of property under Section 60 is therefore, not of any consequence if it is ‘saleable’[9] otherwise. However, regard must be had to the proviso to sub-section (1) of Section 60, which enumerates certain properties such as necessary wearing apparel, cooking vessels, beddings, tools of artisans, implements of husbandry, houses of agriculturalists, wages, salaries, pensions and gratuities, compulsory deposits, right to future maintenance etc. and declares that the properties specified therein are exempt from attachment and sale in the execution of a decree. . Attachment of Movable Property: The attachable property belonging to the judgment-debtor may be either movable or immovable in nature. Rules 43 to 53 of Order 21 of the Code of Civil Procedure lay down the different ways in which the movable property belonging to the judgment debtor is to be attached keeping in regard the nature of the specific movable property sought to be attached. 1. Attachment Of Movable Property (Other Than Agricultural Produce) In Possession Of The Judgment-Debtor: Rule 43 of Order 21 of the Code of Civil Procedure deals with the mode of attachment of all movable property, other than agricultural produce and property not in the possession of the judgment-debtor, for both of which provision is made in Rules 44 to 46 of Order 21 of the Code of Civil Procedure. Under Order 21, Rule 43, the attachment is legally effected only by actual seizure. Significantly, keeping in view the varied nature of the movable properties that may be attached under this rule the Proviso to Order 21, Rule 43 of the Code of Civil Procedure provides that when the property seized is subject to speedy and natural decay, or when the expense of keeping it in custody is likely to exceed its value, the attaching officer may sell it at once. 2. Attachment of Debt, Share & other property not in Possession of Judgement – Debtor: Rule 46 of Order 21 of the Code of Civil Procedure deals with the mode of attachment of debt, share and other movable property not in the possession of the judgment-debtor. Under Order 21, Rule 46 of the Civil Procedure Code the attachment of debts (other than negotiable instruments), shares in a corporation or other movable property not in the possession of the judgment-debtor is legally effected by a prohibitory order, as contradistinguished from the requirement of actual seizure under Order 21, Rule 43. . Attachment of Negotiable Instrument: Rule 51 of Order 21 of the Code of Civil Procedure deals with the mode of attachment of negotiable instruments, which are neither deposited in the court nor in the custody of a public officer. Under Order 21, Rule 51 of the Civil Procedure Code the attachment of negotiable instruments, which are neither deposited in the court nor in the custody of a publ ic officer, is legally effected by actual seizure. As regards negotiable instruments it does not matter whether the negotiable instrument is in possession of the judgment-debtor or not. Furthermore, the actual seizure of the negotiable instrument is necessary as there is always a danger that third parties may bona fide become possessed of the negotiable instrument, and if a prohibitory order is held to be a valid attachment, they would be prejudiced by such an order of which they may know nothing. 4. Attachment of Salary or Allowance: Rules 48 and 48-A of Order 21 of the Code of Civil Procedure deal with the mode of attachment of salary of the judgment-debtor. Under Order 21, Rules 48 and 48-A of the Civil Procedure Code the attachment of judgment-debtor’s salary or allowance is legally effected by issuing a prohibitory notice to the dispersing officer but if such prohibitory notice is not served to the dispersing officer, the order of attachment will have no effect. Furthermore, the territorial jurisdiction is not considered in this case, and wherever the judgment-debtor is working his salary can be attached. 5. Attachment of Immovable Property: The attachable property belonging to the judgment-debtor may also be immovable in nature. Rule 54 of Order 21 of the Code of Civil Procedure lays down the directions as to the mode of attachment of immovable property, which are mandatory in nature and not merely directory. Under Rule 54 of Order 21 of the Code of Civil Procedure the attachment of immovable property is legally effected by the issuance of an order by the Court prohibiting the judgment-debtor from transferring or charging the property in any way, and all persons from taking any benefit from such transfer or charge. Such an order is to be proclaimed at some place on or adjacent to such property by beat of drum or other customary mode, and a copy of the order shall be affixed on a conspicuous part of the property and then upon a conspicuous part of the Court-house. Also, where the property to be attached is a land paying revenue to the Government, a copy of the order is to be affixed in the office of the Collector of the District in which the land is situate and, where the property is land situate in a village, also in the office of the Gram Panchayat, if any, having jurisdiction over that village. Chapter – III Sale of Property 3. 1. General: A decree may be executed by attachment and sale or by sale without attachment of any property. Sections 65 to 74 and Rules 64 to 106 of Order 21 of the Code of Civil Procedure deal with the material provisions relating to sale and delivery of properties. 3. 2. Power of Court: Rule 64 of Order 21 of the Code of Civil Procedure states that any Court executing a decree may order that any property attached by it and liable to sale, or such portion thereof as may seem necessary to satisfy the decree, shall be sold, and that the proceeds of such sale, or a sufficient portion thereof, shall be paid to the party entitled under the decree to receive the same. However, it must be noted that in Desh Bandhu v. Anand,[10] wherein the Court, while confronted with the twin issues of sale of properties situated outside the territorial jurisdiction of the Executing Court and the failure of the judgment-debtor to take objection in time, it was opined that: â€Å"The term â€Å"may† in this rule does not confer a discretion on the Court to order or refuse to order a sale; it is obligatory on it to do so when a valid application for such order and a valid attachment has been made. † 3. 3. Sale by Whom Conducted and How Made: Rule No. 65 of Order 21 of the Code of Civil Procedure enacts that every sale in execution of a decree shall be conducted by an officer of the Court or by such person as the Court may appoint in this behalf, in a public auction. 3. 4. Proclamation of Sale: A proclamation of sale is necessary for providing information to the intending purchasers. Thus, Rule 66 of Order 21 of the Code of Civil Procedure enacts that the Court shall cause a proclamation of the intended sale to be made in the language of the Court. Such a proclamation is to be drawn up after the notice to the decree-holder and the judgment-debtor. An absence of a notice causes irremediable injury to the judgment-debtor and sale without such a notice will be a nullity. 3. 4. 1. Purpose of a Proclamation: It has been stated that a proclamation of sale is meant for the information of intending purchasers and not of the judgment-debtor. However, in Narayanappa v. Akkulappa,[11] it was stated that the purpose of issuing a proclamation is two-fold: (a)  Ã‚  Ã‚   it protects the interests of the intending purchasers by giving them all material information regarding the property to be sold; and (b)  Ã‚   it protects the interests of the judgment-debtor by facilitating the fetching of proper market price for his property and by preventing it being knocked down at public auction for a price much below the market price. 3. 4. 2. Contents of the Proclamation: Rule 66 (2) of Order 21 of the Code of Civil Procedure enacts that the proclamation, which is to be drawn up shall state the time and place of sale, and specify as accurately as possible, the following particulars – (a)  Ã‚  Ã‚   the property to be sold, or, where a part of the property would be sufficient to satisfy the decree, such part; (b)  Ã‚   the revenue assessed upon the estate or part of the estate, where the property to be sold is an interest in an estate or in part of an estate paying revenue to the Government; (c)  Ã‚  Ã‚   any encumbrance to which the property is liable; (d)  Ã‚   the amount for the recovery of which the sale is ordered; and (e)  Ã‚  Ã‚   every other thing which the Court considers material for a purchaser to know in order to judge of the nature and value of the property. 3. 4. 3. Mode of making Proclamation: In order to protect the judgment-debtors and for the purpose of ensuring that the properties of such persons shall not be put to s ale unless due publicity is given to the fact that a sale is to be held and a proper opportunity is afforded to bidders to attend the sale after notice is given’ Rule 67 of Order 21 has been incorporated in the Code of Civil Procedure. Rule 67 of Order 21 of the Code of Civil Procedure provides that every proclamation shall be made and published in the manner prescribed by Order 21, Rule 54 (2) for attachment for immovable property, i. e. , a copy of it shall be affixed on a conspicuous part of the property, and then of the Court house, and in the Collector’s office, in the case of revenue paying land. Also, if the Court so directs, it shall also be published in local Official Gazette, or in a local newspaper, or in both. 3. 5. Time for Sale: Rule 68 of Order 21 of the Code of Civil Procedure provides that there shall be an interval of fifteen days in the case of immovable property and seven days in the case of movable property between the date of sale and the date of affixing the copy of the proclamation in the Court-house. However, it should be noted that the seven days rule does not apply to a sale of movables subject to speedy and natural decay. 3. 6. Sale of Movable Property: Rules 74 to 81 of Order 21 of the Code of Civil Procedure provide for specific provisions for the sale of movable properties. 3. 6. 1. Place of Sale of Movable Properties: Sale of all movable properties in execution of a decree should ordinarily be held at some place within the jurisdiction of the court ordering such sale. In the case of Lakshmibai v. Santappa,[12] where certain ornaments were attached in Banaras and the judgment-debtor urged that they should be directed to be sold at Bombay on the ground that they would probably fetch a better price and it was found by the Court that a fair price could be had on the spot, it was held that there was no good and sufficient reason to depart from the usual practice. 3. 6. 2. When Sale Becomes Absolute in Movable Properties: Sub Rule 2 of Rule 77 of Order 21 of the Code of Civil Procedure enacts that the sale of a movable property becomes absolute as soon as the purchase money is paid to the officer or other person holding the sale and no order of Court is necessary as in the case of the sale of immovable property. 3. 6. 3. Sale of Agricultural Produce: Rule 74 of Order 21 of the Code of Civil Procedure makes special provision for the sale of agricultural produce. It provides that in case of agricultural produce, the sale shall be held on or near the land on which the crop is standing or where the crop has been harvested, at or near the place where the crop is lying. It is also pertinent to note that Sub Rule 2 of Rule 74 of Order 21 states that such a sale can be postponed, if the court feels: (i)  Ã‚  Ã‚  Ã‚   that the fair price is not offered; and (ii)  Ã‚   the owner thereof applies for such postponement. 3. 6. 4. Sale of Negotiable Instruments and Shares in Corporations: Rule 76 of Order 21 of the Code of Civil Procedure makes special provision for the sale of negotiable instruments and shares in corporations. It provides that in case of negotiable instrument or a share in corporation, the court has power to order sale through a broker instead of by public auction. It is pertinent to note here that this rule is only permissive. A court is not bound to authorize the sale of negotiable instrument or share in a corporation through a broker. 3. 6. 5. Effect of Irregularity on Sale of Movable Property: Rule 78 of Order 21 of the Code of Civil Procedure stipulates that even in case of irregularity in publishing or conducting of sale, the sale of moveable property in execution decree cannot be said aside. Thus, the sale does not ipso facto become void for reason of violation of provisions relating to the sale. However, a person sustaining any injury by reasons of irregularity in the sale at the hand of any other person may sue such a person for compensation, or, if such a person is the purchaser, for recovery of the specific property and for compensation in default of such recovery. 3. 7. Sale of Immovable Property: Rules 82 to 96 of Order 21 of the Code of Civil Procedure provide for specific provisions relating to the sale of immovable properties. 3. 7. 1. Courts Competent to Order Sale: Rule 82 of Order 21 of the Code of Civil Procedure stipulates that except the small cause court, any other court can give the order of sale of immovable property. 3. 7. 2. Postponement of Sale: In order to prevent the sale of the immovable property of the judgment-debtor in cases where the decree can be satisfied by private alienation of such property, Rule 83 of Order 21 has been incorporated into the Code of Civil Procedure. It provides that on an application by the judgment-debtor, the court in its discretion may give the judgment debtor some more time, to try and alienate the property in order to raise the requisite some of money. 3. 7. 3. Deposit and Payment of Price: Rule 84 to 87 of Order 21 of the Code of Civil Procedure deal with the deposit and payment of price in cases of sale of immovable property. Immediately after the sale of immovable property, the purchaser must deposit 25 percent of purchase money, unless such requirement is dispense with by the court. The purchaser must pay the balance of the purchase-money within fifteen days of sale. In case of a failure on the part of the purchaser to deposit the amount, the advance may be forfeited and fresh sale ordered, after the issuance of a fresh notification. Explaining the ambit and the scope of the provisions of Rules 84 to 86 of Order 21 of the Code of Civil Procedure, the Supreme Court in the case of Manilal Mohanlal v. Sayed Ahmed,[13] has stated that: â€Å"Having examined the language of the relevant rules and the judicial decisions bearing upon the subject we are of the opinion that the provisions of the rules requiring the deposit of 25 per cent of the purchase-money immediately, on the person being declared as a purchaser and the payment of the balance within 15 days of the sale are mandatory and upon non-compliance with these provisions there is no sale at all. The rules do not contemplate that there can be any sale in favour of a purchaser without depositing 25 per cent of the purchase-money in the first instance and the balance within 15 days. When there is no sale within the contemplation of these rules, there can be no question of material irregularity in the conduct of the sale. Non-payment of the price on the part of the defaulting purchaser renders the sale proceedings as a complete nullity. † 3. 7. 4. Setting aside of Sale: Rule 89 to 92 of Order 21 of the Code of Civil Procedure deal with the setting aside of sale. They provide that when a property is old in execution of a decree, an application for setting aside sale may be made under these provisions by the persons and on the grounds mentioned therein. 3. 7. 5. Confirmation of Sale: In contrast with the provisions relating to the sale of movable properties, â€Å"no sale of immovable property shall be come absolute until it is confirmed by the Court. † Also, Rule 92 of Order 21 of the Code of Civil Procedure, which deals with the procedure for confirmation of sale, provides that where no application to set aside the sale is made under Rules 89, 90 or 91 or where such application is made and is disallowed by the Court, the court shall make an order confirming the sale, and thereupon the sale shall become absolute. Chapter – IV Conclusion It has been said that the difficulties of a litigant â€Å"begin when he has obtained a decree. The execution process, which commences with the filing of an application for execution, aims at the enforcement of a decree by a judicial process. Aware of the fact that a number of obstacles are placed in the way of a decree-holder, who seeks to execute his decree against the property of the judgment-debtor, the Code of Civil Procedure provides for elaborate rules and procedures for the execution of decrees. In an attempt to enable the decree-holder to realize the fruits of the decree passed by the competent court in his favour, the Code of Civil Procedure allows for the attachment and sale of the properties of judgment-debtor as one amongst the various modes of executing a decree. However, the nature of the properties of judgment-debtor liable for attachment is usually varied. The properties belonging to the judgment-debtor, which are sought to be attached and sold, may be movable or immovable. Since, movable and immovable properties by nature have differing rights; there are different legal regimes governing these two types of properties, and therefore the court has to cater to these different rights and proceedings. Thus, in an attempt to ensure that attachment and sale of the property of the judgment-debtor remains a viable and effective mode of execution of decrees the Code of Civil Procedure has prescribed different procedures for the attachment and ale of movable and immovable properties in execution of money decrees. This is best illustrated in the prescription of actual seizure of the property in cases of attachment of movable property, as in these cases a very real threat exist that the property might escape the jurisdiction of court. Chapter – V Bibliography 1. Basu’s , ‘The Code of Civil Procedure’, Ashok Law House, New Delhi, 10th Edn. , Vol. 2, 2007. 2. Majumdar’s, ‘Commentary on the Code of Civil Procedure, 1908’, Orient Publishing Company, 6th Edn. , Vol. 1, 2010. 3. Justice Nandi & Gupta Sen, ‘The Code of Civil Procedure’, Kamal Law House, Kolkata, Vol. 1, 2009. 4. Rao’s V. J. ‘The Code of Civil Procedure, 1908’, ALT Publication’s, 5th Edn. , Vol. 1, 2008. 5. Jain, M. P. , â€Å"The Code of Civil Procedure†,2nd Edn. , Lexis Nexis ButterWorths Wadhwa,Nagpur. 2008. 6. Prasa, B. M. , & Sarvaria, S. k. , â€Å"Mulla The Code Of Civil Procedure†,14th Edn. , Lexis Nexis ButterWorths Wadhwa,Nagpur, 2011. ———————– [1] Raoof v. Lakshmipathi, AIR 1969 Mad 268. [2] Desh Bandhu v. N. L. Anand, (1994) 1 SCC 131. [3] S. 60(1). [4] Proviso to S. 60(1). [5] S. 63. [6] AIR 1991 SC 225 1. [7] AIR 1965 A. P. 52 [8] (1984) 1 SCC 137 [9] ‘Saleable’ means saleable by auction under the orders of a Court [10] (1994) 1 SCC 131 [11] AIR 1965 A. P. 215 [12] AIR 1964 Bom 342 [13] AIR 1954 SC 349

Campari Case

It is split in two different channels, the modern one (GDO, DO) and the traditional one (wholesalers, liquor stores and ho. e. ca day and night). Certain areas let Campari to distribute its products directly to customers such as disco for spirit segment or directly to restaurants for Wine segment (i. e. Sella ; Mosca). Distribution strategy so is fundamental to GARANTIRE a constant and efficient position and to be close to customers. For this reason Campari group in Italy decide to outsource this process of supply chain. In fact the central distribution center is owned by ‘’Gruppo Zanardo’’. As Donatella Rampinelli, Customer management director, highlight ‘’ the choice to outsource the distribution process in founded on logics of efficiency and EFFICACIA. Until 1991 distribution process was owned by Campari but this generate very high cost for the company so starting from 1995 they decide to outsource the process (also more focused in GDO channel) and this permit also to maximizing the effect on warehouse management ( stocking, order management, inventory). Export Management: that involve foreign order, management of commercial border and custom paperwork and physical delivery management. Administrative: that involve administrative and physical paperwork related to import/export, management of warehouses, or the introduction of new products (custom codes and quantification of taxes). Customer management * The advantages of having a stable production cycle producing batches of large dimensions is that it could facilitate planning of production, warehouses, distribution, and order. Standardization of the process. Another could be cost saving in terms of production process, using economies of scale or the fully disponibilita of products in order to maintain customer loyalty. On the other hand disadvantages are related to higher stock and warehouse costs (also due to taxes) †¦.. * The distribution process start from the order of the customer, it could be inserted directly from headquarters (fax-mail) or arrive from the SAP CIS through EDI (electronic data interchange) or via CRM (customer relationship management) through the sales force. The process of distribution end with the shipment that could be shipped from production plants directly to customer or passing through distribution centers. The process of shipment as already said is outsourced in order to reduce transportation costs, in order to obtain better quality and have on time information on the status of deliveries. Obtaining information in real time about the status of the shipment is fundamental in order to be able to inform the customer in real time and also in order to a better planning of next shipment, warehouses and problem solving (returns, substitutions, delays, urgencies, and so on). * Customer service†¦Ã¢â‚¬ ¦ How does the online auction system work? * Campari Case It is split in two different channels, the modern one (GDO, DO) and the traditional one (wholesalers, liquor stores and ho. e. ca day and night). Certain areas let Campari to distribute its products directly to customers such as disco for spirit segment or directly to restaurants for Wine segment (i. e. Sella ; Mosca). Distribution strategy so is fundamental to GARANTIRE a constant and efficient position and to be close to customers. For this reason Campari group in Italy decide to outsource this process of supply chain. In fact the central distribution center is owned by ‘’Gruppo Zanardo’’. As Donatella Rampinelli, Customer management director, highlight ‘’ the choice to outsource the distribution process in founded on logics of efficiency and EFFICACIA. Until 1991 distribution process was owned by Campari but this generate very high cost for the company so starting from 1995 they decide to outsource the process (also more focused in GDO channel) and this permit also to maximizing the effect on warehouse management ( stocking, order management, inventory). Export Management: that involve foreign order, management of commercial border and custom paperwork and physical delivery management. Administrative: that involve administrative and physical paperwork related to import/export, management of warehouses, or the introduction of new products (custom codes and quantification of taxes). Customer management * The advantages of having a stable production cycle producing batches of large dimensions is that it could facilitate planning of production, warehouses, distribution, and order. Standardization of the process. Another could be cost saving in terms of production process, using economies of scale or the fully disponibilita of products in order to maintain customer loyalty. On the other hand disadvantages are related to higher stock and warehouse costs (also due to taxes) †¦.. * The distribution process start from the order of the customer, it could be inserted directly from headquarters (fax-mail) or arrive from the SAP CIS through EDI (electronic data interchange) or via CRM (customer relationship management) through the sales force. The process of distribution end with the shipment that could be shipped from production plants directly to customer or passing through distribution centers. The process of shipment as already said is outsourced in order to reduce transportation costs, in order to obtain better quality and have on time information on the status of deliveries. Obtaining information in real time about the status of the shipment is fundamental in order to be able to inform the customer in real time and also in order to a better planning of next shipment, warehouses and problem solving (returns, substitutions, delays, urgencies, and so on). * Customer service†¦Ã¢â‚¬ ¦ How does the online auction system work? *

Reserach utilization project proposal Research Paper - 1

Reserach utilization project proposal - Research Paper Example With more nurses opting to work elsewhere, newly graduate nurses are absorbed readily in hospital institutions. Ironically, they account for higher turnover events, in a rate of 35% to 60%, compared with senior nurses (Weng, Huang, Tsai, Chang, & Lin, 2010). As new nurses are fresh from school room settings, they need to cope with â€Å"issues of...organizational structure, and group work that may be new to them† (Santucci, 2004, p. 274). Due to lack of professional confidence and excessive work pressures, 30% leave their posts a year after entering the job (Lavoie-Tremblay, Lecler, Marchionni, & Drevniok, 2010). Despite excessive occupational stress, nurses in transition still seek work stability through promotion of â€Å"autonomy and...collegiality among nurse peers† (Altier & Krsek, 2006, p. 70). Yet, older and younger generations of nurses are conflicted by varying work ethics, compounding problems on personnel retention. Thus, occupational pressures and intragener ational conflicts are plausible sources job dissatisfaction and shift in careers -- accounting for higher turnovers in nurses. As shortages continue, serious implications are observed. There is said to be a direct correlation between higher number of patient load with the risk of client death--with 7% increment in probability of death in surgical wards. Quality care is greatly reduced with unequal nurse-patient ratio. Mediocre services mean lower admissions, reducing profits and financially straining institutional operation. Not only are nurses placed at critical professional points, their actions threaten lives of clients, and discredit reputation of affiliated institutions; these manifest severe outcomes of nursing shortage on overall condition of citizens dependent on effective and reliable health provisions--in strict societal terms. In remedy, addressing crucial aspects of job satisfaction in work environment can serve profound effect in health care organizations. Prior to this, a

Moral and economic category in capitalism Essay

Moral and economic category in capitalism - Essay Example If the gap between poor and rich is growing, it threatens the dominance by demonstrating its negative moments such as, for example, too much materialism. However, if to take into account the fact that capitalism is the most popular political system in the world, it is not at risk to be destroyed as any system has its negative sides. â€Å"But since no ideological alternatives currently exist — and even less, political parties or groups to implement them — the hegemony of capitalism looks pretty unassailable. Of course, nothing guarantees that it would look like that to our children or grandchildren, for new ideologies can be invented. But this is how it looks to a reasonable observer today† (Milanovic).The second question is difficult to answer as the combination of capitalism and democracy was not popular throughout history. Capitalism and democracy were usually separate. In the modern society there is also a tendency to separate capitalism and democracy and thi s is caused by inequality. â€Å"Thus, it does not take huge leaps of imagination to see that capitalism and democracy can be decoupled. And inequality can play an important role in that. It already does so by politically empowering the rich to a much greater extent than the middle class and the poor† (Milanovic). Actually, capitalism prescribes preserving the interests of the elite, than the interests of the middle-class. Such a tendency can be met in all the countries with capitalist regime. The answer for third question is positive as Europe has its own problems. First, there are certain difficulties connected with globalization. Globalization also increases inequality as wealthy people still benefits from it more than middle class and poor. Moreover, globalization is connected with migration. Migration represents problem for any country as brings such problems as racial intolerance and cultural differences, which prevent state from the development. â€Å"Both the propert y-rich and the highly skilled gain because their financial and human capital is more mobile and cannot be easily taxed unless one wants them to flee the country. Low taxation in turn increases inequality between the rich and the poor because it undercuts the funding sources on which the modern European welfare state was built† (Milanovic). Niall Ferguson is a historian the views of whom are rather controversial. â€Å"There are two common assumptions about Ferguson. One is that his newspaper columns and telegenic

Ethical Issues on Abortion Term Paper Example | Topics and Well Written Essays - 1500 words

Ethical Issues on Abortion - Term Paper Example Catholics are seen as being at the forefront in trying to raise objections to abortion since they are pro-life crusaders’. The ethical issues on abortion not only affect centred on religion and politics but also on the clinical profession (Clark and Rakestraw1995, P. 26-29). This is because it impacts on the work performance of clinicians in making decisions as to whether to carry out the abortion on the patient or not. The purpose of this paper is to discuss the ethical issue regarding abortion. It will how to discuss how best the ethics of abortion can be responded to both socially and politically. The paper will conclude by identifying what practical lifestyle actions I might take to limit my Abortion in America became legal in every state after the 1973 Supreme Court’s ruling in a case of Roe v. Wade (Hinman 2009, p. 6-8). It is reported that prior to this landmark ruling, the legality of abortion was decided by each state. During this period, abortion was illegal in 20 states but illegal in 30 states. The Supreme Court ruling in Roe V. Wade established that â€Å"the right of personal privacy includes the abortion decision, but that right is not unqualified and must be considered against important state interests in regulation† (Hinman 2009, p5). This decision indeed did not go well with the pro-life crusaders mainly drawn from religious leaders in the US that saw the ruling to undermine the sanctity of life, which is against the biblical teaching. Since the time of this ruling, several cases of abortion have been reported in many states according to Center for Disease Control and Alan Guttmacher Institute Statistics precipitating ethical questions. For in stance, data collected by the Center for Disease Control (CDC) in 2000 reveals that more than 1.31 million abortions occurred. This figure was, however, a reduction in comparison with the 1996 statistics in which 1.36 abortion cases were reported.  Ã‚  

How Disrespecting Towards my Peers and Superiors does not Coincide Essay

How Disrespecting Towards my Peers and Superiors does not Coincide with the Army Values - Essay Example Respect is trusting that all people have done their jobs and fulfilled their duty† (U.S. Army n.d., par. 4). In this regard, the current discourse would present and acknowledge that I have imbibed how disrespecting towards my peers and superiors does not coincide with the army values. In the span of time spent serving the army, I observed that there are instances when my conformity to these core values are evidently tested. This would only affirm that people are not perfect; we are prone to make mistakes. Most of the time, these circumstances provide us with the opportunity to learn and appreciate our weaknesses and that we can address them and strive to improve in the process. For instance, some of my colleagues, fellow soldiers, or superiors could also be meeting some challenges that might make them prone to be overly sensitive or disconcerting of others’ behavior. As such, these trying situations could result to conflicts, miscommunication, or the inability to conform to the expected norm. In one’s perspective, there are some factors that were contributory to one’s untoward behavior that inadvertently resulted to disrespecting others (peers and superiors), and which were acknowledged to be contrary to the army values. These factors include personal concerns, family issues, external influences, and diversity in personal philosophies and values due to cultural orientation. As such, I know that having a bad day or feeling emotionally or psychologically upset would never justify disrespecting others. I regret having resorted to this behavior. I am still in the process of learning to strictly adhere to these core values and acknowledging this weakness was an important step. Concurrently, I strongly believe that apart from affirming these seven core values, I have realized that assuming a proactive stance in observing ethical, moral, and legal standards would assist in

Critical Review Persostent effects of cognitivebrhavioural stress Essay

Critical Review Persostent effects of cognitivebrhavioural stress maagment on cortisol responses to acute stress in healthy subjects - Essay Example Psychological stress brings release of cortisol, a stress hormone that maintains physiological and psychological equilibrium. If cortisol is released in embellished magnitude, it brings harmful effects not only on somatic health but also impairs cognitive functioning. It is apparent that stress-induced variations of hypothalamus-pituitary adrenal (HPA) axis functioning are implicated in the commencement and upholding of both somatic and psychiatric conditions, these and also comparable arbitrations could be used for anticipation and rehabilitation of these deleterious stress effects. The view is the focus of the article, it is the study carried out to examine the long-term effects of cognitive-behavioral stress management (CBSM) training on cortisol stress management in healthy men and women. The article emphasizes the impact of CBSM training to attenuate cortisol stress responses in both men and women. The article presents a sight that there is a slight variation between the sexes in response to the CBSM training. Any change in the execution of HPA axis activity alters the circadian rhythm of cortisol secretion and also high plasma cortisol levels (Touitou et al). Various laboratory and environmental stressors are linked to HPA axis response causing upper respiratory tract infection (Cohen et al, 2002) and long-term implications on cardiovascular-related incidences and also type 2 diabetes in men (Rosmond et al , 2003) and also incriminated turned down memory performance in women (Seeman et al,1997 or fractures in men and women (Greendale et al, 1999). Knowing these impacts and their devastating consequences the article throws light on the modulation of cortisol levels by conducting randomized controlled trial study. The study also explains an examination of stability over time and generalizability with regards to gender of endocrine effects of CBSM in healthy individuals. Analysis: The subjects taken in this study were three hundred and fifteen II year psychology students, with due care to reduce individual differences and any external academic stressors. After the primitive screening, selection criterion and questionnaire provided, only 83 subjects were left for the analysis. These participants were randomly selected and assigned in eight groups as per the CBSM group sessions with restricted N=12. Of these groups 1-4 were under the treatment (N=42) and rest 5-8 were categorized as control groups (N=41). The article has the advantage of selecting the participants for both control and treated groups of negligible demographic variables (including age, gender, habitual smoking, use of oral contraceptives and body mass). The treatment was performed for four months and all the subjects underwent a standardized psychological stress test (Trier Social Stress Test, TSST, Kirschbaum et al, 1993). In this study, TSST was performed for treated CBSM group every 2-week period whereas for the controls it is for 4-week period. The article does not imply about the fact that the participant were provided the same kind of

Research Paper Example | Topics and Well Written Essays - 1750 words - 3

Research Paper Example The article is informative and updated and could therefore be useful to support or validate arguments to be used in the current study which aims to determine the effect of gender in which children deal with bullying. The research conducted by the authors sought to determine â€Å"to what extent have the correlates and consequences of bullying victimization been misspecified due to an emphasis on direct forms of bullying, such as physical violence, which disproportionately affects boys† (Carbone, et.al, 332). The study was participated by 1,222 youths from 15 schools in the United States and the findings revealed significant similarities and differences in either direct or indirect bullying in terms of gender. Gropper & Froschl (2000) indicated in their findings that â€Å"boys initiated more than three times as many direct forms of teasing and bullying as girls†¦ there was a comparable number of boy and girl recipients, regardless of whether the initiator was male or female† (55). Another interesting finding was that â€Å"both boys and girls were more physical than verbal in their initiation of the incidents, but a difference was observed in the responses of the recipients. Boys were more physical in responding to boys, while girls were more verbal in responding to boys† (Gropper & Froschl, 2000, 55). The official website for James Cook University provided relevant information pertaining to reasons for the bullying behavior. Findings from the research and surveys indicated that bullying could be due to any or a combination of the following reasons: desire for power, lack of skills to communicate, scapegoating, a desire for self-aggrandizement, attempts to increase perceptions of self worth, vindictiveness, distrust of others and overvaluing of control, compliance and hierarchy (JCU, 2010, par. 1). The study indicated that â€Å"people who have been identified as bullies believe that their bullying behaviour causes them to be

Responsible Business Essay Example | Topics and Well Written Essays - 2000 words

Responsible Business - Essay Example Moreover, the discussion of this report will also evaluate the nature of ethical business and its importance as well as impact on business behaviour in society. In addition, the report intends to focus upon evaluating the role of government as an influencer or enabler in relation to practice business ethics within an organisation. The Aspects Constitutes Responsible Business ’Responsible Business’ can be stated as a perception where an organisation involves accountability in imposing significant impact in its different operational functions. It has been apparently observed that the organisations of different sizes employ as well as implement strategies with the intention of attaining their business objectives efficiently. In this similar context, an effective ethical consideration within the business environment assists the entrepreneurs to develop their business performances along with meeting the overall expectations of their stakeholders by a considerable level. A re sponsible business fundamentally aims to meet expected outcomes that generates from certain major programmes such as escalating awareness regarding any ethical issues, developing decision-making processes and lessening misconducts that prevail while performing different operational functions. Furthermore, a responsible business considerably focuses upon continuously developing the business performances by taking into concern its internal as well as external business environment. The organisations in the present day context are highly focused to conduct different environmental initiatives in order to improve their business performance that ultimately supports them to perform responsible business at large (International Trade Administration, n.d.). Business Ethics and Corporate Social Responsibility (CSR) In relation to identify the aspects that constitutes responsible business, it can be stated that the approach of ethical business and CSR are frequently implemented interchangeably. In this regard, the concept of ethical business constitutes code of moral standards and values that governs the behaviour of a person or group with regard to identify their different activities. Moreover, the perception of ethical business significantly emphasises upon balancing the business performances and the needs as well as the desires of the society where it performs its operational functions. It comprises certain moral guidelines along with principles that ensure to guide business operations as well as behavioural aspects of the organisational members in an efficient manner (Crane & Matten, 2004). In the context of CSR, it can be identified that the approach i.e. ethical business significantly involves different aspects of responsibility that include legal, economic, ethical as well as voluntary philanthropic activities both for the organisation and its operating societies. Contextually, it can be stated that the legal responsibilities of an ethical business are basically the laws and regulations that are followed while performing operational funct

Math Anxiety Essay Example for Free

Math Anxiety Essay Math anxiety is a common attribute of many children and adults. It usually happens when a person is unprepared to be tested and when a student becomes frustrated from not knowing how to do mathematic operations. Students experience anxiety at different levels. For some, it may be a feeling of uneasiness and for others, it can consume them with feelings of a panic attack. For some people, just walking into a math class can start the math anxiety cycle. One might think that this only happens to students in public or private schools. However, even home-schooled students report that they have felt anxiety while studying math at home. Math anxiety can make a person feel as if they are paralyzed. A feeling of panic and paranoia can lead to a lack of confidence and a strong feeling of fear. A student sometimes begins to display passive behavior. The panic feeling discussed in the first paragraph is when the student feels helpless and cannot find a way to get rid of it. Paranoia is when the mind of the student tells the student that he/she will not be able to complete the math work – whether it is easy or difficult math work. Passive behavior is when the student feels as if he will never be able to understand math or feel any level of comfort when working with math. Therefore, students give up and then put forth no effort. But, probably the most common attribute of math anxiety is the lack of confidence a student feels when math is presented to him/her. When the student expects that he will never know the answer to the question, then he will probably spend most of his efforts in second guessing. Math anxiety is present in every classroom and every teacher wants to know how to get the â€Å"Math anxiety monster† out of the room. Once he is gone, math instruction can begin!

Disease Prevention Measures among African Americans Living in the United States Essay Example for Free

Disease Prevention Measures among African Americans Living in the United States Essay My research explores race-based medicine. Specifically, my research will focus on what preventative measures are available for African American women living in the United States. Among minorities African American women have a higher number of health disparities; psychological and disease oriented. What percentages of minorities take advantage of preventative medicine? What percentage of African Americans are aware of resources made available to them? The growing number of obesity related diseases among African American women has increased more than 23% from 2010 (Nickens, H. W., 2006). Failure to use preventative measures has sparked much concern surrounding the implications and scientific evidence of race-based medicine. Race-based medicine focuses on the current system of public health services because now more than ever. Due to the increasing number of deaths within the African American community there is an expectation from the larger medical community on how to improve medical services that will work more efficiently for African American women. The concern about preventative measures among minority groups focuses on three things; 1) that it meets the needs of the individual, 2) that the service will be free at point of delivery and 3) that once service is received the individual will continue to utilize the service which will increase preventative measures for African American women. Preventative measures of obesity related diseases for African American women are lacking in several areas. Awareness about health systems and services offered are sometimes misinterpreted and therefore discourages African American women to utilize health information and facilities offered to the general public. References Anand, Sonia S. Using Ethnicity as a Classification Variable in Health Research. Ethnicity and Health 4:4 (2003): 241-244. Braun, Lundy. Race, Ethnicity, and Health. Perspectives in Biology and Medicine 45: 2 (2009): 159-74. Center for Disease Control and Prevention (CDC). (2006). Recommendations to improve preconception health and health care-United States. The Center for Disease Control, Morbidity and Mortality World Report. Retrieved from www.cdc.gov/mmwr/preview/mmwrhtml. Centers for Disease Control and Prevention (CDC). (2010). Obesity: Maternal and infant health research in pregnancy complications. Retrieved from website: http://www.cdc.gov/reproductivehealth/MaternalInfantHealth/PregComplications.htm Center for Disease Control and Prevention (CDC). (2009, October 2). Quickstats: Prevalence of obesity among adults aged 20 years, by race/ethnicity and sex-national health and nutrition examination survey, united states, 2003-2006. Retrieved from http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5838a6.htm Center for Disease Control and Prevention (2011). Black or African American populations. Retrieved from: http://www.cdc.gov/omhd/Populations/BAA/BAA.htm Institute of Medicine (IOM). (2009). Weight gain du ring pregnancy: Reexamining the guidelines. Retrieved from The National Academy of Sciences website: http://www.iom.edu/Reports/2009/Weight-Gain-During-Pregnancy-Reexamining-the-Guidelines.aspx Nickens, N. W. (2006). Health Affairs: Health promotion and disease prevention among Minorities. Vol (9), no. 2: 133-143. Doi: 10.1377/hlthaff.9.2.133 Siega-Riz, A. M., King, J. (2009). American Dietetic Position Paper. Obesity, reproduction, and pregnancy. Journal of American Dietetic Association, 109 (4), 918-927. Stothard, K., Tennant, P., Bell, R., Rankin, J. (2009). Maternal overweight and obesity and the risk of congenital anomalies: A systematic review and meta-analysis. JAMA, 301(6), 636-650. U.S. Department of Health and Human Services (HHS). (2011). Maternal, infant and child health. Retrieved from website: http://healthypeople.gov/2020/LHI/micHealth.aspx Weiss, J., Malone, F., Emig, D., Ball, R., Nyberg, D., Comstock, C. (2004). Obesity, obstetric complications and cesarean delivery rate: A population-based screening study. American Journal of Obstetrics and Gynecology, 190(4), 1091-1097.

Land Rover Marketing Mix

Land Rover Marketing Mix How marketing mix lead to the success of Land Rover Jun Lu Introduction The traditional marketing mix has received wide approval in past 60 years. It is orientated towards physical products and is beginning to lose its position (GroÃÅ'ˆnroos 1994). However, the ingredients of the marketing mix can be altered and they vary from the product to product (Hodder EduIcation, n.d). Booms and Bitner (1980) mentioned that the marketing mix for services should be extended to cover other aspects of marketing. Therefore, MaGrath (1986) added three new Ps (people, process and physical evidence) into the marketing mix. This essay firstly aims to analyse the impact of the traditional marketing mix on the success of Land Rover through information obtained from company websites. Secondly it analyses the shortages of traditional marketing mix and introduces this new concept of marketing mix (7Ps), and finally analyses the impact of the 7Ps merged with the relationship marketing on this company. The traditional marketing mix The concept of marketing mix was first introduced by Neil Borden in the 1950s and McCarthy in 1964 developed it into the four Ps, including product, price, place and promotion (GroÃÅ'ˆnroos 1994). This marketing mix summarized by McCarthy is commonly referred to as the traditional four Ps (GroÃÅ'ˆnroos 1994). The traditional marketing mix has had a substantial effect on informing the development of both marketing theory and practice (Mà ¶ller 2006). Applying the marketing mix makes it easy to handle and organise marketing activities, including market analysis, marketing planning, advertising, sales, sales promotion, pricing, distribution and product packaging (GroÃÅ'ˆnroos 1994). Meanwhile, marketing mix is also a conceptual framework that facilitates the exchange or transfer of goods or ideas so that it can help managers to satisfy consumers’ demands better than their competitors (Zineldin and Philipson 2007). Although the traditional 4Ps are not sufficient to satisfy the demands of the marketing concept (Gummesson 2000), they have become an indisputable paradigm in theoretical research and are still in effect and helpful in some industries (e.g. manufacturing) (GroÃÅ'ˆnroos 1994, Zineldin and Philipson 2007, Brooks and Simkin 2012). So the marketing mix can still explore its utility in automotive sector firms. Next, this essay will explore the relationship between the traditional marketing mix and the success of Land Rover. Firstly, products involve tangible products (e.g. cars) which are capable of satisfying customer needs or wants (Johan et al 2011). Considering that a broader product line would help to provide products to different customers with various characteristics and to meet their heterogeneous needs (Kekre and Srinivasan 1990), Land Rover involves such a product line with a group of brands that are closely related in terms of the capabilities and the functions they provide. These include Ranger Rover, Range Rover Sport, Range Rover Evoque discovery and so on. A broader product line is closely related to the company’s market share and profitability (Kekre and Srinivasan 1990). According to the data from TATA Company, Land Rover has achieved record-breaking global sales in 2013 and sold 425,006 vehicles in 2013 – up 19% on 2012 – setting new sales records in 38 international markets. In terms of prices, companies often set different prices in various market segments, including different customers, products and locations. As a result, implementing segmented pricing strategies can involve various market segments and cover large number of customers (Kotler 2007). For example, Range Rover Evoque adopts distinctive pricing strategies based on the different types of engines with the mix of penetration and prestige pricing, they use penetration pricing for pure version of the car and prestige pricing strategy for the prestige and dynamic version of the car. Excluding the customers who are not sensitive to prices and care more about brand value, appearance, comforts and environmental friendliness than prices, a great number of customers have high price sensitiveness and prefer lower prices and high quality products. However, this mixed pricing strategy will confuse the consumers about the brand value to some extent (Mitchell and Papavassiliou 1999). Furthermore, Land Rov er also has its own price distinctiveness all over the world. Using Range Rover Evoque as an example, in the UK, the minimum price of SD4 Diesel is  £29205; the same types in United Stated and China are  £25482 and  £58383 respectively. Thirdly, A more efficient distribution channel would bring less cost in delivery and help to enhance service quality and customer satisfaction (Jobber 2001). It could be found that a traditional exclusive distribution channel would lead to inconvenience for customers when they needed repairs or maintenance services, so channel integration with international networks was formulated. As stated in the company’s annual report, Land Rover has overall 174 markets, through a global network of 18 national sales companies, 83 importers, 61 export partners and 2241 franchise sales dealers. For further penetrating Chinese market, Land Rover co-branded with its partnership Chery Automobile China to set up the biggest parts distribution centre in China in order to facilitate delivery and rapidly response to the dealers and the end consumers’ parts ordering with this centre being capable of supporting 2,000 outbound lines per day. Nevertheless, co-branding will influence a brand†™s positioning when customers blame the originated brand with their dissatisfaction towards] new products, and bring with it a number of risks to damage the originated brand equity (Washburn et al 2000). Finally, Chu and Keh (2006) has stated: â€Å"without adequate capitals invested in promotion, it might be difficult for firms to build their own brand value†. All the entire effort Land Rover has exerted on promotion is to improve consumers’ loyalty towards its brand value and deliver its brand spirit-adventure. Land Rover organised a series of activities, such as off-road challenges, fun drives and rallies. A specially designed off-road simulation test track was constructed outside the showroom in Kollupitiya, to demonstrate the brand’s off-road supremacy. Besides these, Land Rover has one of the most active owners club – the LROC. With its membership, the LROC renders yeoman service towards promoting the link between Land Rover and the spirit of adventure. On the other hand, improving corporate social responsibility (CSR) is an approach to enhancing customers’ awareness of brand value, thus improving the sales of products. Melo and Galan (2010) c oncluded that when CSR is optimally conducted in the business context, it will maximally contribute to the improvement of brand value. Through Land Rover’s community and global CSR, the company not only improves the value of its brand, but also gets young people to have the opportunity to access advanced knowledge through education partnership, and gets the lives of millions of people improved. The new marketing mix integrated with relationship marketing However, tangible products are not the only factor in the evaluation of the success of a company. Intangible products or services are as important as tangible ones (Johan et al 2011). An increasing number of corporations throughout the world are beginning to add value to their core products by additional services. This is driven by customer needs or wants and is perceived as sharpening their competitive edges (Vandermerwe and Rada 1988). As a result, an authorized Land Rover service centre was set up to provide a customised route for services and maintenance and to ensure that they will meet Land Rovers rigorous standards for quality and services. It is also guaranteed that your new car and its warranty are fully protected. Furthermore, customising the delivery of service on the product-customer interface is a key to improving customer satisfaction (Bettencourt and Gwinner 1996). There are some additional experiences, such as wining a chance to fly into space (2014), and an annual La nd Rover adventure travel membership (2014) designed for different customers in order to satisfy customers. However, traditional marketing mix focuses on tangible products and does not cover services. Obviously, with the introduction of services, the traditional four Ps are not sufficient to satisfy the demands of the current marketing concept (Gummesson 2000). Therefore, Booms and Bitner (1981) concluded that service needs a different marketing mix and introduced a new marketing mix for service, including the traditional 4Ps and participant (people), physical evidence and process. Nevertheless, GroÃÅ'ˆnroos (1994) stated that the marketing mix separates marketing from other activities, influencing the development of market orientation and customer orientation. Therefore, relationship marketing should be adopted to perform interactive marketing function. Mà ¶ller (1992) mentioned that the function of the marketing mix has extended to the strategic role, integrated with services marketing and interactions in industrial networks. Industries marketing and services marketing demand a relationship-oriented approach to marketing, which aims to establish relationships with both customers and other partners and to satisfy all the objectives of partners (GroÃÅ'ˆnroos 1994). Therefore, People planning tends to be very important in the service sector where staff have a high level of interaction with customers. The interaction between front-line employees, especially the sales person, and customers is likely to critically influence market effectiveness (Palmer 2006). However, the marketing success of a company does not solely depend on â€Å"full-time marketers†, â€Å"part-time marketers†, including technicians and existing customers, often contribute more to influencing the purchase decisions of customers than sales persons (GroÃÅ'ˆnroos 1994). As Yin and Tao (2011) has stated: â€Å"the implementation of strategic objectives, including marketing strategies and the enlargement of distribution channels, cannot be conducted without integrating and developing human capital†. Land Rover has an experienced and integrated team and an international network ready to help customers every step of the way from choosing the right vehicle, to delivery and beyond. Furthermore, to give customer premium service and maintenance, Land Rover made lot of effort to make sure that all the trained advisers and technicians at authorized Land Rover retailers have unrivalled experience, knowledge, and skills. Furthermore, processes are involved in serving the customers, including the pre-sale phrase, sale phrase and after-sale phrase (Hill et al 2002). In terms of pre-sale services, except for offline service, Land Rover also provides online customised services. Consumers would be able to buy a preferred product online. They will have a chance to choose a car’s design theme and specification of engine. Once customers make a purchase decision, Land Rover will provide dealers’ permission and the nearest dealer will process the orders and complete the delivery service. Customers might choose the place where they are living and choose the specific dealership online, with dealers providing different kinds of services, including sales, parts, servicing and repairs. Furthermore, meetings with dealers will be held regularly to receive customer feedbacks after sale. Finally, it can be found that customers tend to rely on physical cues to evaluate the quality of service before they make a purchasing decision (Rafiq and Ahmed 1995). Thus, Land Rover adopts technological innovations to create a premium physical appearance. These innovations include an interior decoration using luxury leather lined interior; with a choice of the available seats to manage weather extremes, new levels of ambient refinement and personalization and the installation of an automatically powered tailgate. On other hand, by offering tangible evidence of promised services may help to reduce the level of risk and facilitate customers’ purchase decisions. Overall, with the application of the new 3Ps, it provides a broader perspective and makes the marketing strategies look comprehensive and more refined and detailed than the traditional marketing mix (Rafiq and Ahmed 1995). Conclusion The marketing mix still has its positive aspects in certain industries, especially in an automotive industry. However, considering that the traditional 4Ps only focus on products and the increase of marketing competition, the traditional 4Ps are not sufficient to help a company to maximise market strategy. In order to integrate customer services, processes, people and physical evidence need to be added into the new marketing mix. Then, through analysing the Land Rover, it can be seen that the new marketing mix (7Ps) is an indispensable factor in deciding its success. However, Traditional marketing mix ignore the internal markets like the employees in the organization and the relationship with suppliers, referrals and ‘influencer‘ markets. Companies need to evolve trends concerning customer relationship and long-term profitability of customer retention. This is through the coordination of external (customers) markets and the collaboration of internal (staff) markets in ord er to make the marketing mix running smoothly (GroÃÅ'ˆnroos 1994, Christopher et al 1991).In the future, Land Rover should continue to think about how to integrate marketing mix with relationship marketing and how to build strong relationships with partners, suppliers and customers based on mutual cooperation-for example, constructing a valuable community. References Andersson, J., Bengtsson, F., Ekman, J., Lindberg, E., Waldehorn, C. and Nilsson, F. (2011). Perception of innovation in companies-measuring the mindset of tangible and intangible innovation in companies. pp.532542. Bettencourt, L. and Gwinner, K. (1996). Customization of the service experience: the role of the frontline employee. International Journal of Service Industry Management, 7(2), pp.3-20. Booms B. H. Bitner B. J. (1980). Marketing strategies and organisation structures for  service firms. 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Research opportunities in service process design. Journal of Operations Management, 20(2), pp.189-202. Hodder Education (n.d). Introduction to the Marketing Mix Pricing. [Online] Available: http://www.hoddersamplepages.co.uk/pdfs/cceabus6.pdf. Gronroos, C. (1994). From marketing mix to relationship marketing: towards a paradigm shift in marketing. Management decision, 32(2), pp.420. Gummesson, E. (2000). Qualitative methods in management research. Thousand Oaks, Calif.: Sage. Jobber, D. (1995). Principles and practice of marketing. London: McGraw-Hill. Johan, A. et al. (2011). Perception of innovation in companies measuring the mindset of tangible and intangible innovation in companies. First International Technology Management Conference, June 2011, pp.pp.532-542. Jones, P., Whale, N. and Meekings, A. (1997). Putting customers in the driving seat: building Roverà ¢Ã¢â€š ¬Ã¢â€ž ¢s brand equity. Managing Service Quality, 7(5), pp.218220. Keh, H., Chu, S. and Xu, J. (2006). Efficiency, effectiveness and productivity of marketing in services. European Journal of Operational Research, 170(1), pp.265276. Kotler, P. and Armstrong, G. (2004). Principles of marketing. Upper Saddle River, NJ: Prentice Hall. Landrover.com, (2014). New Discovery Sport Vehicle Specifications Land Rover. [online] Available at: http://www.landrover.com/vehicles/new-discovery-sport/specifications.html [Accessed 22 Oct. 2014]. Landrover.co.uk, (2014). Vehicle Specifications and Pricing Range Rover Evoque. [online] Available at: http://www.landrover.co.uk/vehicles/range-rover-evoque/pricing-and-specifications.html [Accessed 22 Oct. 2014]. Landrover.com, (2014). Find a Land Rover Dealership Land Rover. [online] Available at: http://www.landrover.com/dealer-locator.html [Accessed 22 Oct. 2014]. Magrath, A. (1986). When marketing services, 4 Ps are not enough. Business Horizons, 29(3), pp.44-50. Moller, K. (2006). The marketing mix revisited: Towards the 21st century marketing by E. Constantinides. Taylor Francis. Melo, T. and Galan, J. (2011). Effects of corporate social responsibility on brand value. Journal of Brand Management, 18(6), pp.423437. Mitchell, V. and Papavassiliou, V. (1999). Marketing causes and implications of consumer confusion. Jnl of Product Brand Mgt, 8(4), pp.319-342. MÃÆ' ¶ller, K. (2006). The Marketing Mix Revisited: Towards the 21 st Century Marketing by E. Constantinides. Journal of Marketing Management, 22(3-4), pp.439-450. Newsroom.jaguarlandrover.com, (2014). Jaguar Land Rover China Parts Distribution Centre Opens In Suzhou. [online] Available at: http://newsroom.jaguarlandrover.com/en-in/jlr-corp/news/2009/06/jlr_china_parts_distrib_ctr_opens_080609/ [Accessed 22 Oct. 2014]. Newsroom.jaguarlandrover.com, (2014). Jaguar Land Rover China Parts Distribution Centre Opens In Suzhou. [online] Available at: http://newsroom.jaguarlandrover.com/en-in/jlr-corp/news/2009/06/jlr_china_parts_distrib_ctr_opens_080609/ [Accessed 22 Oct. 2014]. 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Kotler and Borden are not dead: myth of relationship marketing and truth of the 4Ps. Journal of consumer marketing, 24(4), pp.229241.

Essay --

(National Project Global Dimensions & Hofstede Dimensions Power Distance: †¢ El Salvador occupies an intermediate to high position on this dimension. Remnants of El Salvador ´s authoritarian past linger on in diverse fields. Organisational arrangements show taller pyramids and low degrees of delegation. Status symbols are used to underline power differences, though less than in the past. Performance Orientation: †¢ People of El Salvador rate high in Performance Orientation. Leader is charismatic/value-based but somewhat self-serving, collaborative, & inspiring. Humane Orientation: †¢ Humane Orientation rate is average as they are constantly developing Assertiveness: †¢ High on assertiveness. Uncertainty Avoidance: †¢ El Salvador rates high on this and so do the majority of Latin American countries that belonged to the Spanish kingdom. These societies show a strong need for rules and elaborate legal systems in order to structure life. Bureaucracy is very time consuming in El Salvador, documentation, need for stamps and written instructions are important. They are rather conservative...

Elian Gonzalez :: Free Essay Writer

Elian Gonzalez Is it possible for a six-year-old boy to successfully seek asylum in the United Sates against his father’s wishes? This is the main point of exploration in the April 21, 2000 article (off the wire) that appeared in The Plain Dealer. The article relates, â€Å"to be granted asylum, people must show that they were persecuted or had a legitimate fear of persecution in their home country because of race, religion, nationality, membership in a social group or political opinions.† According to the article, the case has not reached a decision because of the debate over whether Elian Gonzalez has the right to seek asylum. For the time being, he is allowed to remain with his Miami relatives until the matter is resolved. There may be several levels of appeals and years of debate if the case is sent to an asylum hearing. Janet Reno, Attorney General, Joe Lockhart, White House Spokesperson and Richard D. Freer, a professor at the Emory University School of Law in Atlanta was interviewed and quoted as sources regarding the possible outcome of the case. Lockhart and Freer had seemingly opposing views. Lockhart believe that the proper legal view is the view if Elian’s father. Freer thinks the debate should result in a longer stay in Miami for Elian. Reno asserts despite all of the predicted outcomes that there is no way to confidently determine what is to happen. They key fact in the article is that federal law allows any alien resident in the United States to seek asylum and that the courts must make a decision after hearing arguments even if it is the arguments of a child Elian’s age. An example of a 1985 case where a 12-year-old Soviet child sought asylum against his parents’ wishes is presented. But the child was considered on the â€Å"lower end† of maturity in deciding his rights separate from his parents. An AP photograph accompanied the article as it appeared in the Plain dealer but the content is unknown. Another article on the same topic appeared in the Weekly Standard magazine on April 24,2000. Author, Tucker Carlson relates a two-sided protest regarding the fate of Elian Gonzalez. Among the public and private protesters lies entertainers Gloria Estefan and Andy Garcia who are both of Cuban origin. Both feel that Elian should be allowed to stay in the United States All of the deep seated emotion is over the fact that Janet Reno decided on April 13, 200 that the Miami relatives had until 2:00 p.

Missionaries Are to Blame in Chinua Achebes Things Fall Apart Essay

Missionaries Are to Blame in Chinua Achebe's Things Fall Apart      Ã‚   The burden and calling to reach out and help others, enfold many people in society throughout the world. Rich or poor, young or old, black, red or white, the motive is helping those with a need. As Chinua Achebe points out in his book, Things Fall Apart, though there is the aspiration to lend a hand, it can sometimes become deadly, and even fatal to the lives of people. Although the missionaries try help convert the Ibo village of Umuofia to Christianity, their presence in Africa is harmful to the lives and culture of the Ibo.    The men that come to Umuofia destroy the cultural balance of faith and religion that encompasses the native people in Africa. People in Umuofia depend strongly on the ancestors and gods in their culture. It is their tradition and their beginning, from which they govern their lives. Even the priestess that serves the god Agbala, "...was full of the power of her god, and she was greatly feared" (16). Without the stronghold of customs and traditions, only chaos exists. Peace, trust, and knowledge are thrown off when the new religion of Christianity is introduced. When the missionary explains that:    "All the gods you have named are not gods at all. They are gods of deceit who tell you to kill your fellows and destroy innocent children. There is only one true God and He has the earth, the sky, you and me and all of us" (121).    Decisions, opinions, and beliefs become uncertain and doubt appears. Cultural values, that ware held for generations, are pitted against the missionary's sermons. Although the missionaries come with the desire and intention to help the underdeveloped Ibo village reach its pote... ...e senseless and heartless government, which ruthlessly destroys the peaceful atmosphere in the villages. Africa will only reach its potential when everybody realizes the importance of preserving the cultural traditions.    Works Cited and Consulted: Achebe, Chinua. Things Fall Apart.   London: Heinemann, 1958. Decheta, Buchi. European Imperialism. London: Heinemann, 1980. Evans, Jennifer. "Cultures and Resistance." African Literature Today.   Trenton, New Jersey: African World Press, 1987. pages  Ã‚   Hidoo, Rose.   Culture in Chains: Abandonment in the Work of Selected West African Writers.   Owerri, Nigeria: Black Academy, 1994. Nnolim, Charles E.   "The Missionaries." Approaches To the African People: Essays in Analysis. London: Saros International, 1992. Okonkwo, Juliet.   "The Cultural Rape of Africa." African Quarterly 15.1-2: pages.   

What Roles Do Governments Play in the Fight against HIV/AIDS? How Big Are They?

In the fight against HIV/AIDS, there are many points-of-view as to who plays the bigger role. In reality governments and non government organizations play very big and important roles, measuring who plays the biggest role might be difficult to determine.Some governments such as the United States and the French governments have been known to be the biggest financial contributors to the fight against HIV/AIDS, but I will also be researching further to find out which countries have contributed the most in the past couple of years, and what type of contributions they have made such as financial contributions, summits, rallies, among others.HIV/AIDS threatens the development and propensity of countries around the world. It impacts heavily on individual's ability to be economically productive and the expenses incurred in treating HIV/AIDS treatment have been overwhelming.This is especially so in developing countries where pressure on the available health centers has mounted significantly a s more people get admitted for treatment of HIV/AIDS related complications. Life expectancy in most countries has gone down with up to twenty years highly decimating the workforce.The need to promote change in behavior in order to reduce occurrence of the pandemic and the ever increasing need to come to the aid of the victims is therefore inevitable. Approaches meant to fight discrimination and stigma faced by HIV/AIDS patients are also essential.It is almost impossible for private organizations to take these responsibilities mostly due to their limitation in funds. Governments have therefore taken center roles in the fight against HIV/AIDS establishing organizations to fight the pandemic while funding other private organizations to promote the fight against HIV/AIDS. There is therefore a dire need to fight HIV/AIDS and best suited to lead in these campaigns is the government.The governments mostly cannot participate in the rallies, seminars and summits held to promote AIDS awarenes s. It is through funding of the organizations involved in the fight against HIV/AIDS that it usually offers its support.AnalysisAccording to the UNAIDS World AIDS Day report, many countries have taken the initiatives of reviewing their national strategies to address HIV/AIDS with the growing danger of the pandemic. Due to this, new infections have decreased from three million in 2001 and 2.7 million in 2007. The death rate of patients with HIV/AIDS has also reduced significantly as a result of the availability of anti-retroviral treatments provided by most governments.Governments especially members of the United Nations have been actively involved in the fight against HIV/AIDS following the Millennium Development Goals set up during the Millennium Summit. The governments are required to make strategies that address the prevention, accessibility of medical care, prevention of mother to child and enhancement towards research and cure of the disease.Capable governments have also been r equested to make contributions into the global fund which will assist in the fight against HIV/AIDS in developing countries. Developing countries too have realized the impact of HIV/AIDS on their economies and they are coming up with policies to address the pandemic.The challenges however arise where the governments are willing but they cannot afford to fund the required projects. Global organizations such as the UNAIDS, IMF, World Bank and USAID are chipping in to assist the developing countries.Developed countries and especially America have been on the fore front in fighting HIV/AIDS in low and middle income countries especially in Africa where the pandemic has hit hard. These countries that provide funding for the low and middle income countries are known as donor countries.To further demonstrate the efforts that governments are putting in the fight against HIV/AIDS and to justify their roles in the fight, this study makes use of three countries that have made very significant e fforts. The United States has been ranked top in the fight against HIV/AIDS especially due to its involvement internationally.Canada and France have also displayed a similar passion to contribute to the fight against HIV/AIDS through participation in various campaigns and through funding of organizations involved in HIV/AIDS control and prevention.The United States has been very keen on the fight against HIV/AIDS making it a top priority in its national policies. The government funds both private and public organizations in the country to fight against HIV/AIDS. Apart from supporting the fight against HIV/AIDS within the country, U.S also funds international bodies in the fight against HIV.The U.S government through its numerous partnerships with organizations in Sub-Saharan Africa has been actively involved in the fight against HIV/AIDS. US made the largest contribution in Global Fund to fight AIDS, Tuberculosis and Malaria with their contribution making up about 33% of the total c ontribution.The U.S has mostly made use of PEPFAR and USAID to make their contribution in the fight against HIV/AIDS both in America and other parts of the world.The government of the United States made a breakthrough initiative when it came up with the United States president's Emergency Relief for AIDS Relief (PEPFAR). This organization has played significant roles in the world through funding of projects of improvement of treatment and care of HIV patients.More details about PEPFAR will be described below. US have also been fighting the pandemic through USAID which is the principal government agency that extends help to other countries. At least $7 billion has been spent by USAID to fight HIV/AIDS. USAID is one of the partners of the President's Emergency Plan for Aids Relief in the U.S.

Education and Transcendentalism Essay

Education is an important necessity that all people should have. Individuals need education for choosing their path in life and living on their own. People must possess the right knowledge and reason to do those things. Ralph Waldo Emerson and Tupac Shakur have both written articles with their views on education in the United States. Emerson’s â€Å"On Education† and Shakur’s â€Å"On the Topic of Education† have generally the same ideas. Emerson and Shakur convey their strong opinions about education to show that people should learn from their own experience and should not be learning unnecessary information. The best way to learn is from one’s own experiences. Learning from books is important; however, they don’t give an individual the full perspective of something. Emerson states, â€Å"This function of opening and feeding the human mind is not to be fulfilled by any mechanical or military method†¦ in education our common sense fails us, and we are continually trying costly machinery against nature† (Emerson). Individuals should be learning more from nature and personal experiences. This generation is too connected to technology to the point where people lose sight of the world around them. Nature gives one the knowledge they need. It makes it easier to learn when one visualizes and sees the world. Similar to Emerson, Shakur wrote that schools are â€Å"not getting us ready for today’s world†¦ that’s why the streets have taught me† (Shakur). Students generally don’t learn about life lessons in school. In other words, an individual gains the most knowledge from â€Å"the streets† or being outdoors and experiencing life through their own eyes. It is important to have book smarts but also street smarts and common sense. Without street smarts and common sense one will have a difficult time living on their own. A Transcendentalist theme that is similar to these ideas of Emerson and Shakur is valuing nature. Nature and the outside world give us knowledge that we can’t learn from books. Schools fail to teach students things that are truly important. Instead, they tend to repeat the same information. Shakur points out, â€Å"After you learn reading, writing, and arithmetic, that’s it. But what [teachers] tend to do is teach you reading, writing, and arithmetic, then teach you reading, writing, and arithmetic again, then again, just [making] it harder and harder† (Shakur). Once students learn the basics, they shouldn’t keep learning them over and over again. They should be learning other important things that exist in the world. Students should have classes for drugs and alcohol, crime, racism, and other important topics that exist in America. Shakur says, â€Å"I think it should be like college where you can go and take the classes that you want. I think that Elementary school should be that way, where they give you the classes you take, for the basics. And then Junior High School and High School should be the classes that you need, in order to choose your path† (Shakur). First, students beginning school should learn the basics. Then as they get older, students should learn the things that they need to help them decide what they want to do when they are on their own. But, schools today do not follow this method. Students should not be learning what they have already learned in the past. Basic information will always remain in individuals’ minds. In addition to not teaching the right and necessary information, teachers rely too much on memorization. Emerson states, â€Å"Nature loves analogies, but not repetitions† (Emerson). Learning comes from deep thought. Students should not be tested on their ability to memorize information. In most cases, memorizing information is not actual learning. Learning is acquiring knowledge not only through studying but also experience. Furthermore, nature learns in different ways rather than the same way. Therefore, students should not be learning things in the same way. They should be learning information in different perspectives. In other words, students should learn by reading, listening, visualizing, and experiencing to fully understand things. Emerson also said that students have â€Å"educated eyes in uneducated bodies† (Emerson). This means that students are not absorbing the information they are given. This information is being forced into the minds of students through reading books and listening to lectures that are usually boring and uninteresting. This is not the best way for students to learn. A Transcendentalist theme that is similar to these ideas is not only valuing nature but also simplifying one’s life. Simplifying one’s life is a theme because students should be learning only the things that they need and the things that will be useful to them later in life. Students should not acquire or possess unnecessary information just as people should not possess or be attached to unnecessary items. The minds of individuals should contain only the important things that will guide them through life. In â€Å"On Education† and â€Å"On the Topic of Education†, Emerson and Shakur express their opinion about school and education. Emerson believes that students should be learning more from nature and their own experiences. Also, memorizing information is not the proper way to learn because students don’t absorb the information well this way. Comparable to Emerson, Shakur believes that people gain the most knowledge when they are experiencing life and interacting with others. In addition, students shouldn’t be taught the same things repetitively but instead the significant things that will help them later in life. It is crucial that students are getting proper education. Most importantly, teachers have an obligation to help students obtain the necessary knowledge they need to succeed in life.