Rogers Communications Analysis

Rogers Communications Analysis Currently Rogers has competition with companies like Bell Canada, TELUS and Shaw Communications. There are also new providers in the industry that are offering products and services at low prices. Rogers is a company that has the best technology in comparison of other providers. It is the only company that operates on both GSM and HSPA technology. 1Rogers operates in three areas. The first one is Wireless, which includes wireless voice and data communications services. Rogers is Canadas largest wireless provider. The second one is Cable. Rogers is one of Canadas largest providers of cable television services as well as high-speed Internet access, telephony services and video retailing. The third and the last one is media, which includes radio and television broadcasting, televised shopping, magazines and trade publications, and sports entertainment. Its backbone is its distribution channels, which includes 3,600 Rogers-owned, dealers and retail outlets. Rogers provides valuable customer services to its customers. Its goal is to maximize its subscribers and become the best communication and media provider. There are 70 subscribers out of 100 (2010) in comparison of 25 per 100 (2000). Furthermore,  [2]  in the time of recession, Telecom industry is one of the industries that have been able to survive and make profit margins. Thus, Telecom industry is an industry where consumers go first which means that consumers would reduce their spending on other goods and services in comparison of telecom services. Therefore, if Rogers has brand image and the market is full of opportunities then why let new entrants capture the market share. The second issue that Rogers face is regarding its financial position. If we see the table below, companys sales growth in 2007 was 14.54% and cost of goods sold was $961 million. In 2008, sales growth reduced to 11.97% but cost of goods sold was more ($1303 million). If we see the last year that is 2009, sales growth was just 3.49% and cost of goods sold was $1380 million. This concludes that, if sales growth has been decreasing every year, cost of goods sold has not been decreasing with proportionate to sales growth. In other words, profit margin has been decreasing and companys operation is not able to increase its sales growth and minimize its cost of goods sold. Morever, if we see the debt to equity ratio, it is increasing every year. In 2007, it was 1:2.3. In 2008, it was 1:2.61 and in 2009 it was 1:2.98. This concludes that Rogers is using a lot of debt to finance its operations. But on the other side, Rogers has good return on assets of 8.67% in 2009 in comparison of 6.18% in 2008, which means Rogers is earning more money on less investment this year. In order to overcome current challenges, Rogers should use overall low cost provider strategy. Rogers should apply this strategy to solve its business and financial issues. The advantages of this strategy are customer satisfaction, moving towards its rivals, prevail market conditions and strengthen its market position. What else can Rogers do to maintain its market share and presence? Rogers can include features and services in packages that are essential to its consumers. It can find ways to achieve competitive advantage that would be hard for the current rivals and new entrants to match. Though the industry did have the slowest growth in 2009 from 2000, the analysis shows that there is a lot of room to grow. When Rogers would use lower pricing for its products and services then there would be less competition and more accessibility to local market that would increase its sales and revenues. By doing this, Rogers is completing its mission strategy, which is to add great value to its customers lives by offering new and reachable products and services. When companies raise prices of their products and services, they dont realize that by doing this they are far away from their customers but new entrants are putting themselves in their customers shoes. In other words, they are thinking like their customers. This is what Rogerss strategy should be, to think like its customers and add value to their lives. If Rogers would think like its customers then there would be brand loyalty and there is less risk of loosing its market share and presence. If customers would feel that Rogers has understood them, then they would definitely contract with Rogers. This would lead to Rogers implementing its financial strategy, which is to maximize profit and return on investments. In regards to reducing Rogerss cost of goods sold, Rogers should invest more money on new technologies to improve its companys operations. This would decrease its cost of goods sold and increase business efficiency. In addition, Rogers can outsource some of its operations as it has been doing with its physical IT infrastructure. Rogers has been outsourcing its physical IT infrastructure to IBM to make capital expenditure efficiencies. Rogers can do the same with some of its operations but one thing to consider is that Rogers should have strict quality standards for its products and services while outsourcing. Furthermore, cost of goods sold increases when there are high designs or services that is neither seen nor valued by customers. Rogers can simplify its products and services and reduce cost of goods sold. In conclusion, Rogers, to become the best telecom company in Canada should apply all the recommendations above. This would help Rogers to increase its subscribers and reduce its cost of goods sold. A) INDUSTRY INFORMATION: 1. What are the Industrys Dominant Economic Features? Market Size   [3]  In 2010, there are 70 wireless subscriptions for every 100 Canadians in comparison of 25 wireless subscriptions per 100 in 2000. Market Growth Rate (Product Life Cycle) Maturity. There is competition between different companies. Growth Cycle   [4]  Real gross domestic production increased from $25,559 million in 2007 to 26,775 million in 2009.   [5]  2009 and 2010 are the slowest years of production growth in two decades. Scope of Rivalry   [6]  Low barriers of entry. New entrants are providing same services that big players do at low prices. Type of Distribution Channels   [7]  Dealers, retail outlets and advertisement. Pace of technological change   [8]  Internet connection giving access to television entertainment. Level of Product Differentiation -Low. All companies offer same products or services. Ease of Entry Exit   [9]  Low barriers of entry due to deregulation of telecommunications service providers and advancement in telecommunication system. Industry Profitability   [10]  Profit margin has decreased to 12.8% in 2009 from 13 % in 2007. Summary- Telecommunication Industrys market size and real gross domestic production has increased but profit margin has decreased. There are low barriers of entry but competition is high. 2. Competitive Analysis Summary The 5 Forces Model The Rivalry among competing sellers in the Industry Intense. Companies try to attract customers with more discounts, promotions and benefits in comparison of their competitors. Firms in other industries offering substitute products Weak. Customers have no option or substitute for services offered by companies in telecommunication industry. The potential entry of new competitors -Weak. Low barriers of entry  [11]  due to deregulation of telecommunications service providers and advance in telecommunication system. Entrants enter the market but do not survive unless they offer low prices because companies ruling in telecommunication industry have brand equity and customer loyalty. The bargaining power of suppliers   [12]  Weak. Small Internet resellers get a very small share of the market, and their share has been declining in recent years. The bargaining power of buyers -Moderate. There are not many companies that offer all the products and services but still customers switch to rivals when they offer huge discounts and promotions. Summary- Suppliers share has been decreasing. There are no substitutes and buyers have very less options. There are low barriers of entry but competition is high too. 3.Drivers of Change Industry Growth Rate   [13]  Real gross domestic production increased from $25,559 million in 2007 to 26,775 million in 2009. Product Innovation   [14]  Smartphone, high speed Internet and digital TV. Technology Change   [15]  Fiber optics, improved computer technology and the Internet. Regulatory/Government Influence   [16]  Business rules are regularly changing which is giving small Internet providers access to the large companies networks. Summary- The main driver of change is the new technology introduced every time that excites customer to purchase products and services. 4.Competitive Position Quality of Services and Network Less More Few Many Coverage Who is favorably/ unfavorably positioned why? -Bell Canada occupies the most favorable position among the rivals because of being first Canadian telecom company and occupying more coverage. The closest competitor to Bell Canada is Rogers that offers large variety of products and services and has a wide geographical presence in the market of telecommunication industry.   Ãƒâ€šÃ‚   5.Key Success Factors Technology Related   [17]  HSPA+ 21 Mbps wireless network and DOCSIS-3.0 50 Mbps high-speed Internet service. Organizational Capability   [18]  Knowledgeable staff that would develop newer, better, and faster ways to deliver what customers want, while also delivering attractive returns for shareholders. Distribution Channel   [19]  Diversified distribution channels such as dealers, retail outlets and advertisement. Other -Brand image. Widely recognized and accepted by customers. Summary- Key success factors in telecommunication industry are technology, well-trained staff, distribution channels and brand image. 6.Industry Attractiveness -The industry is at maturity level. There is a lot of room to grow and profits are high. Whenever, new technology is introduced, customer demand increases. Low barriers of entry makes it easy for new entrants to enter the industry but it is hard to survive unless they offer low prices because there are big players in the industry. There are no substitutes. Competition is intense as companies try to attract customers with more discounts, promotions and benefits in comparison of their competitors. B) COMPANY RESOURCES: AN INTERNAL ASSESSMENT 1. The Strategic-Making Process Vision Statement stated/implied   [20]  To grow in the business while taking care of corporate social responsibility. Mission Statement   [21]  To add great value to customers lives by offering new and reachable products and services. Strategic Objectives Business Maximize the number of subscribers and become Canadas best communication and media provider. Organizational   [22]  Achieve highest standards of business conduct among all employees. Financial Maximize profit and return on investments. Current Strategy-  [23]  Launched Long Term Evolution (LTE) so that customers can anywhere, anytime access to information, communications and entertainment. Strategic Performance Indicators Qualitative Measures-   [24]  High-quality network coverage. -Customer satisfaction. HSPA+ 21 Mbps wireless network and DOCSIS-3.0 50 Mbps high-speed Internet service. Quantitative Measures-   [25]  7% growth rate in Wireless Network and Cable Operations businesses in 2009.   [26]  1.5 million Smartphone customers in 2009. 2. Financial Analysis Conclusion- The Company has issue with its cost of goods sold. Comparing all years, sales growth is decreasing but cost of goods sold is increasing .If this continues then soon the company would loose its financial well -being. Therefore, the company should increase its sales growth but decrease its cost of goods sold. High debt to equity ratio indicates that the company is using a lot of debt to finance operations, which might be reason for company to have more earnings than it would have without debt. Rogers have 1: 2.98 in 2009.  [27]  Rogers has also generated a 29% increase in free cash flow growth in 2009. Return on assets provides information on how effectively company is utilizing its money to convert it into sales. Rogers has good return on assets of 8.67% in 2009 in comparison of 6.18% in 2008, which means Rogers is earning more money on less investment this year. In total asset turnover, the figure indicates how much is generated in sales from every dollar worth of assets. Rogers has 68.80% in 2009 in comparison of 69.9% in 2008.This means that Rogers has been less efficient at using its assets in generating sales this year. In current ratio, the conclusions cannot be drawn before considering other factors. However, when the current ratio is higher than 1, it is normally considered acceptable. It indicates how quickly current assets can be turned into cash. Rogers is in less good position by having 1:0.80 in 2009 in comparison of 1:0.84 last year. 3. The Company Value Chain Operations   [28]  Rogers is the only one operating on both GSM and HSPA technology.   [29]  Outsources its physical IT infrastructure to IBM to make capital expenditure efficiencies. Distribution   [30]  Powerful national product distribution network consisting of more than 3,600 Rogers-owned, dealer and retail outlets. Sales and Marketing   [31]  Activated 1.5 million Smartphone customers. Service   [32]  Created a dedicated team who would engage with customers looking for help in online forums and micro blogs.   [33]  Created the Rogers Customer Commitment to help customers understand what they can expect when they contract with Rogers. Summary- Rogers have the best technology, outsource, distribution network and customer service that makes its way to success. 4.Competitive Strength Assessment Model 5-8 KSFs weighted Conclusion- Bell and Rogers have close competition. TELUS and Shaw are behind Rogers. Bell has 10 rating for reputation image because of being the oldest and trusted company in Canada. Rogers is trying its best to grab Bells market presence and has been successful in doing that. In terms of technology, Rogers has 10 rating because it is the only one operating on both GSM and HSPA technology. 5. SWOT Analysis Internal (S)trengths -Brand recognition.   [34]  Powerful national product distribution network.   [35]  Dedicated team for customers. (W)eaknesses -Internal inefficiency that increased cost of goods sold. -Dependent on debt. External (T)hreats -Bell, TELUS and Shaw Communications.   [36]  New entrants are entering the market. (O)pportunities   [37]  Attract new clients.   [38]  $900 million total principal amount of 4.70% Senior Notes due in 2020. Summary- Rogers has internal strength in its brand recognition and distribution channels. Its weakness lies on increased cost of goods sold and debt. Competition is intense with current rivals and new entrants. Opportunities are bright with new and existing customers. 6. Strategic Issues that merit Managerial Attention Business Issue   [39]  Would it be a good strategy by Rogers to lower price of its products and services due to high competition from new entrants? Financial Issue -How should Rogers decrease their rising costs? 7. Criteria for Strategic Solution(s) Able to maintain high quality network coverage, HSPA+ 21 Mbps wireless network and DOCSIS-3.0 50 Mbps high-speed Internet service, 7 % growth rate in Wireless Network and Cable Operations businesses, 1.5 million Smartphone customers and reduce cost of goods sold. Work Cited Canadian Industrial Outlook. (Autumn 2010). Canadas Telecommunications Industry. The Conference Board of Canada Retrieved from http://www.conferenceboard.ca.ezproxy.lib.ryerson.ca/temp/f191b447-0cc1-43f8-89cd-a7d54518d917/11-146_CIOS-Telecom_Autumn10_WEB.pdf. Investor Relations. Rogers. Retrieved from http://www.rogers.com/web/Rogers.portal?_nfpb=true_pageLabel=IR_LANDING Corporate Social Responsibility. Rogers. Retrieved from http://your.rogers.com/aboutrogers/csr/overview.asp About Rogers. Rogers. Retrieved from https://www.rogers.com/web/Rogers.portal?_nfpb=true_pageLabel=about_landing PRNewswire. (October 6, 2010). Rogers Announces First Lte Technical Trial in Canada. Yahoo finance. Retrieved from http://finance.yahoo.com/news/Rogers-Announces-First-Lte-prnews-2287777662.html?x=0.v=62 Guides to Occupations. Working in the Telecommunication Workers Industry. Skilled Immigrant Infocentre. Retrieved from http://skilledimmigrants.vpl.ca/index.php/guides/industry/telecommunication_workers Defining Next. ROGERS COMMUNICATIONS INC. 2009 ANNUAL REPORT. Rogers. Retrieved from http://www.rogers.com/cms/investor_relations/pdfs/2009_Annual-Report.pdf Bringing Your World Together. ROGERS COMMUNICATIONS INC. 2008 ANNUAL REPORT. Rogers. Retrieved from http://www.rogers.com/cms/investor_relations/annual_html/2008/html/HTML2/default.htm The Americas Intelligence Wire. (Sep 22,2010). Rogers Communications Prices $900 Million Senior Notes Offering. Ryerson. Retrieved from http://galenet.galegroup.com.ezproxy.lib.ryerson.ca/servlet/BCRC?rsic=PKrcp=COvrsn=unknownlocID=rpu_mainsrchtp=cmpcc=1c=136mode=cste=72tbst=tsCMtab=2ccmp=Rogers+Communications+Inc.tcp=rogersn=25docNum=A237731531bConts=13119

Corporation and Consolidated Cash Flow Essay

ASC 830-230-55-1: This reference shows how to format and account for cash flows when a company has subsidiaries operating in foreign countries. It gives an example of a consolidated cash flow statement from a US based company and its two subsidiary companies. The reference explains how excess cash should be disclosed. A majority of the reference deals with the local currency and how it should be shown with the parent company, in this case a US company based on the dollar. So for both foreign companies it needs to be formatted with both local and US. b) ASC 926-330-35-1: This references how an entity can evaluate their inventory at the end of a period. Manly to do with products help for sale, meaning items that are in inventory and that your business is going to be selling to clients. The inventory can be evaluated at the net realizable value, meaning the sale of the product minus the cost associated with it. c) ASC 954-440-25-2: This references how a continuing care facility can attain some loss when calculating its cost to its clients. These care facilities are required to show annual their future facility and service cost. They do this to see if there will be any liability that needs to be recognized. d) ASC 505-20-50-1: This references how a stock dividend can be described to the public and the corporation should try to by all means not to describe it as a stock split. It gives an example of how a corporation because of a legal requirement may be able to describe it. e) ASC 710-10-05-6: This section references deferred compensation with regards to a Rabbi Trust for their employee. It gives the three ways through which the trust can be settled, with cash, shares of stock, and with diversified assets.

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New Ideas Into Samples of Cause and Effect Essay Never Before Revealed What You Need to Know About Samples of Cause and Effect Essay The most frequently encountered paper writing service that the majority of our clients require is essay writing. As soon as you inform us about all of the paper information, we'll begin trying to find a proper writer for your paper. It's the core of a research paper. Academic papers can't contain any signals of plagiarism. The cornerstone of a prosperous personal narrative essay is an excellent topic! There exist a whole lot of different sorts of essays, which is conditioned by the simple fact that it's one of the most common academic assignments' forms. If you are aware of what they wish to and what they are searching for then you may start your essay with a how to tip. It's important to get a way of organizing your long essay. Also, make certain that you aren't using more than 1 hook in the essay since it is only going to make it even more crowded and confusing. It's a mini-plan for you as well as the reader. These words will provide you with the very first indicator necessary to correctly compose an organized essay. Ideally, each man who reads your essay ought to be in a position to understand each question individually and understand how to organize your argument. What's Actually Going on with Samples of Cause and Effect Essay Whenever you opt to ask us for skilled support, don't hesitate to speak to our support managers. Low price of all marriages are a few instructors. A seasoned professional will make an error-free assignment very quickly and can help you boost your grades. Use the aid of true academic experts and receive the service you have earned! Finally, becoming homeless is the sole solution for some Americans. You've got to walk another mile to have an emotional effect on your audience . It's a fact that smoking gives a sense of pleasure. One of the primary reasons is apparently the obsession over every small pound an individual is wearing. Critical thinking is what you've got to possess to handle the job. It's important the top choice doesn't hamper the capability of the student to make an intriguing piece. People today begin to smoke to become new experience and to locate a way to cut back stresses and feel relaxed. It is possible to also speak to some of your buddies and speak to them concerning the ideas you're thinking of, while they share theirs with you. Samples will always help you even in the event that you do not possess the slightest idea where to begin doing your work. Cause and effect is a typical approach to organizing and discussing ideas. All these situations are real and normally it's not so challenging to solve them, in the event that you still have a day or two in store. One of the crucial problems in the introductions is the deficiency of a thesis statement. If you think you lack any of them go ahead of time and attempt to attain fluency in all them. The Nuiances of Samples of Cause and E ffect Essay There's, naturally, a limit on the range of pages even our very best writers can produce with a pressing deadline, but generally, we can satisfy all the clients seeking urgent assistance. It is essential to begin with a hook. You'll be surprised, but the work quality does not rely just on its price. To make sure that you will see a complete answer to every question, we've got a support team that's always online. There are 3 sorts of cause and effect essays which can be written, but they're all very similar in written structure. In particular if you're supposed to compose a cause and effect essay but you cannot locate a means around it, there'll be quite so much help that you are able to find here, which in the very long run makes your work awesome. Before you commence working on cause and effect essay outline the very first thing you have to do is to pick a winning topic. In a brief essay, it may be challenging to tackle the reason and all the many effects of a h uge event like the Great Depression.

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The conscious and sometimes unconscious act of combatting â€Å"good† and â€Å"evil†, has remained a human phenomenon for several ages. Some refer the two extremes as, right or wrong and others may reference it using â€Å"angel or devil†. If one were to view the two sides on a spectrum scale, many would envision themselves somewhere in the middle, or leaning heavily towards one side. Representations on how humans battle the two extremes can be closely observed in the film, Sophie’s Choice and the book, The Devil and Miss Prym; the two sides are explored through heart questioning decisions and journeys of self-discovery. Together, the two stories coincide beautifully— conveying the true essence of humanity. In Sophie’s Choice, a Holocaust survivor†¦show more content†¦Similarly, in The Devil and Miss Prym, Chantal’s public image is also tried when she announces to the village that they will need to kill someone to earn the gold. The village blacksmith yells to Chantal, â€Å" You’re the one who’s gone mad. You should never have allowed yourself to become that madman’s mouthpiece! What on earth do you want?†(Coelho, 94). â€Å"Think fast,† Chantal told herself. â€Å" She didn’t have much time. She took some burning twigs from the fire, went over to the rock and once again dug up the gold. She picked it up, cleaned it off on her dress and studied it for the third time† (Coelho, 132). During this time, Chantal had an internal (self versus self) conflict because she battled whether or not she should take the gold for herself and leave, or save the village. Likewise to Chantal, Sophie also experienced conflicting struggles within herself; this was through her urge to commit suicide— after having to give up her children. According to the article, Archetypal Criticism, archetypes can be symbols, images, characters and plot structures (Young,1). In The Devil and Miss Prym, gold is the leading archetypal symbol. In most universal cases, gold represents wealth, power, status, and reward. However, from the view of Chantal, the gold represents escape or freedom from the village.â€Å"She looked at the mountains, which lay hidden by lowShow MoreRelatedDevil And Miss Prym Character Analysis832 Words   |  4 PagesComparison of the Devil and Miss Prym and District 9 The Devil and Miss Prym, by Paulo Coelho, and the science-fiction film District 9, produced by Sony Picture Entertainment, both show many similarities when being compared to one another. In each of these, there are multiple similarities with the characters, as well as contrasts, including the society and philosophies. Person versus fate and person versus society are just a couple of examples of conflict that happened in The Devil and Miss Prym and DistrictRead MoreAnalysis OfThe Devil And Miss Prym And The Lottery1027 Words   |  5 Pages The question of whether humans are naturally good or evil has been asked since the existence of humans. The Devil and Miss Prym by Paulo Coelho and â€Å"The Lottery† by Shirley Jackson are stories that talk about the sacrifice of one person in a village and how other villagers play a part in it. In The Devil and Miss Prym, barmaid Chantal Prym meets â€Å"stranger† Carlos when he visits the village looking for answers. In â€Å"The Lottery†, the villagers have an annual drawing to get rid of one of their own

Sample Tort Yr1 Exam Free Essays

THIS IS NOT THE EXAM!!!!!! | | |BA HONS IN LAW | |EXAMINATION: | |TORT LAW 1 | |YEAR 1 | Time/Date: | | |Venue: | | |Sem 1 20** |DURATION: 2 HOURS | |Internal Examiner: |ELLIOTT PAYNE, M. A, LLB, SOLICITOR | |External Examiner: | |Instructions To Candidates | | | | | |ANSWER FOUR QUESTIONS. | | | |ALL QUESTIONS CARRY EQUAL MARKS. We will write a custom essay sample on Sample Tort Yr1 Exam or any similar topic only for you Order Now | | | |USE CASE LAW AND STATUTORY AUTHORITY TO SUPPORT YOUR ANSWERS. | | WATERFORD INSTITUTE OF TECHNOLOGY THIS IS NOT THE EXAM!!!!!! USE CASE LAW AND STATUTORY AUTHORITY TO SUPPORT YOUR ANSWERS Q1 Paul suspects that his wife Sharon is having an affair with his next-door neighbour Carl. One day after a very stressful day at work, Paul sees Carl returning home and pounds his fists and shouts out â€Å"say your prayers Carl, because I am going to stab you†. Sharon overhears the shouts and tells Paul that she is moving in with her sister. Paul has now had enough. He proceeds to kick down Carl’s door, grabs Carl by the hair and forces him into an upstairs bedroom. Paul locks the door and tells Carl that if he wants to leave, he can climb out of the window and jump. Identify and explain whether Paul has committed any tortious acts? Identify and explain using legal definitions and cases whether Paul has committed any tortious acts? (TOTAL 25 MARKS) Q2 Write a brief note on FIVE of the following: a) Scienter liability for animals; ) The differences between the torts of conversion and detinue; c) The facts and decision reached in the Cambridge Water Co. Eastern Counties Leather plc case; d) The tort of emotional distress e) Novus Actus Interveniens; f) Causation explaining BOTH the legal and factual causation tests; g) The differences between tort law and contract law; h) Actionable per se – listing 2 different torts that are actionable per se. (5X5 MARKS) (TOTAL 25 MARKS) Q3 a) Explain using case law what is the definition of a â€Å"producer† under the Act. (5 MARKS) ) What limits are placed on the damage that can be claimed under the Act? (5 MARKS) c) Explain using case law the meaning of the term â€Å"defective†. (9 MARKS) d) Briefly explain those defences that could be raised by a potential defendant. (4 MARKS) (e)What are the time limits for submitting a claim? (2 MARKS) (TOTAL 25 MARKS) THIS IS NOT THE EXAM!!!!!! USE CASE LAW AND STATUTORY AUTHORITY TO SUPPORT YOUR ANSWERS Q4 What is vicarious liability and explain in detail the standard of care owed by employers to their employees. 25 MARKS) Q5 Rob has 2,000 acres of trees on his land, which supplies the nearby Cider manufacturer â€Å"Magbul†. Following the heaviest rainfall in living memory combined with two days of electrical storms, Rob’s land has been severely affected. As a result of the rainfall and electrical storms, at least 20 of his tress have been uprooted and have rolled down Robâ€℠¢s land causing significant disruption on the way. Some of the trees rolled westerly and have completely destroyed the garage and cattle shed of one of his neighbour’s (Sally) land. Some tress rolled easterly and knocked huge holes in another neighbour’s (Karen) land. Rob has heard that Karen and Sally are going to sue him under the Rylands and Fletcher rule. Explain to Rob: – the facts of the Rylands v Fletcher case; – what the rule is; – the elements that make up the rule; – whether the Rylands and Fletcher rule may apply in this case; AND regardless of whether the Rule applies or not, whether Rob has any defences on which he could rely. Q6 EITHER Using caselaw where appropriate, write a detailed note on the tort of passing off. Your note must address the following issues: – the definition of passing off; – the elements required for a successful passing off claim; and – the use of injunctions in passing off claims. (TOTAL 25 MARKS) OR a) What is the legal definition of trespass to land? (3 MARKS) (b)Explain using case law the different forms which trespass to land can take. (14 MARKS) (c)Explain the Judge Brian Curtin case study. (3 MARKS) (d)Explain the defences of lawful authority and jus tertii to a trespass to land case. (5 MARKS) (TOTAL 25 MARKS) How to cite Sample Tort Yr1 Exam, Essay examples

Social - Professional and Ethical Issues in Social Networks

Question: Discuss about the Social, Professional and Ethical Issues in Social Networks. Answer: Introduction It is important to comprehend the issues of legal, social and professional responsibilities in order to use the information system properly and securely. In this case, information security personnel have an important role in managing liability for privacy as well as security risks in information system. With current ongoing trends of internet and social networks, it become necessary to comprehend the issues and follow avoiding and eliminating techniques in order to overcome the security issues involved with it. Present report deals with the ethical issues associated with social networks and legal issues as well. Moreover, social issues relate to the privacy as well as security issues in social network are discussed in the study. There are some aspects of personal freedom for using social networks. The rules for being a member of social network, it is required to create balance in individual rights to making self-determination against the requirements of society, which is defined as laws or ethics (Grajales et al. 2014). In general, laws are the rule, which mandates as well as prohibit the certain behavior. These are drawn from the ethics. In addition, socially acceptable behavior is defined by ethics. In addition, there are key differences between the laws and ethics. Laws carry out authority of a particular governing. On contrary, ethics is based on the cultural factors. In addition, it is important to develop fixed moral attitudes and customs of a specific group. Ethical standards are generally universal like murder, assault and murder. Fast emergence as well as vast acceptance of the social networking sites has revolutionized behavior of human, lifestyle as well as thinking (Denscombe 2014). The sites of social networking become the absolute hits among the end users regardless of their age, location as well as sex. The users of internet seem to mesmerize as well as hypnotized through beauty and power of online tools of social networking. These are able to improve capabilities of social networking with the endless future possible extension. Consequentialism is based on two major principles that act right or wrong depending on the results of the particular act. There are more good consequences that act with the process and having better and get more right to the act. In addition, consequentialism provides guidance that can be faced with moral dilemma. An individual selecting the action can be maximized with good consequences. Along with these, it provides general guidance on the particular process. There are various forms of making consequentialism that is different over the process having good things that can be maximized. Utilitariamism states that persons need to maximize human welfare as well as well-being. On the other hand, Hendonism states that people need to maximize pleasure for human. In the other forms, consequentilism takes subtle approach that states people needs to subtle approach that people require maximize by making satisfaction of getting informed as well as rational preferences. Brinkmann (2014) stated that consequentialism is defined as the class of normative ethical theories that holds consequences of conducting the ultimate basis for judgment regarding the rightness of conduction the ethics in social networking sites. In addition, it is required to make the standpoint that involves morally appropriate act. On the other hand, the idea of consequantialism is generally producing the encapsulated in using the social networks securely. It is important to be contrasted with the deontological ethics. In that part, the rules as well as moral duty are central. It drives the appropriateness or wrongness of conducting the character of users behavior in social networking sites (Chretien et al. 2013). There are pragmatic ethics that treats morality such as science in advancing socially over the course of several lifetimes. Some of the arguments are involved with consequentialist as well as deontological theories that are essentially exclusive in mutual cases. In addit ion, Mohist consequentialism is known as the state consequentialism. It assesses moral worth of a particular action that is based on contribution to welfare and security for social networking users. On the other hand, consequentialism is based on the principles if there is an act and wrong dependency on the results of the specific act. There are proper consequences of the act that generates better right of using social network sites. It provides proper guidance while using the moral dilemma. Weiss (2014) commented that it is important to select proper action, which increases proper consequences of the act. It provides general guidance to the process of making the consequence. Moreover, it is important to select the proper action and distinctive forms of consequentilaism of the things that can be maximized. Utilitariasim states that it is required to increase well-being of the users of social networks. On the other hand, hendonism states that uses need to maximize human pleasure. Consequentialism represents belief as well as moral of the system that is involved with ethical theory, which stems from particular ideas of consequntiliasm. Primary idea regarding the issues determines an action that solely focused on the result. On contrary, consequences of the idea are involved with the action that can be debated for several years. It helps to promote happier world, strong sense of purpose and helping with the tough choices. On the other hand, negative use of consequentiliasm is based on the result that makes accurate judgment. It is difficult to determine the exact consequences of the action. Kantianism theory states that there are certain types of actions consists of murder, theft as well as lying are required to be prohibited. Use of the ethic can be applicable in the use of social networking sites. It is important to take action that can bring several risks involved with the usage of the sites (Moorhead et al. 2013). There are two questions which are required to ask and take decision for the act. Everyone involved in the act as proposing the act. It is also important to perform the action and respect the targets of human beings rather than utilizing the purposes. The Kantianism theory is one of the examples of deontological moral theory. As per the theory, appropriateness of the theory and makes the process of making consequences of the process that is helpful to generate the process in it. Morality as well as imperatives is involved to determine through making categorical imperative of the process. In addition, there are categorical imperatives that have different for mulations. Reamer (2013) mentioned that with the help of this ethics, formulation of act is achieved through allowing anything that can allow every person to maximize the process. There is a maxim rule and principle through which it can be achieved and make benefits in the use of the formalities. It is important to allow anything to achieve the expected things that can allow obligated for keeping own promises. In addition, it is required to create imperative functions as a test to watch the principles upon which the actions are based on morally permissible. Rubin and Babbie (2016) asserted that the social networking sites need to consider the process of all stakeholders in making decisions. The organizations need not to be affected with the policies and rules of determining the situation. It is vital to consider all the process that would be helpful to determine the issues and make the decisions of the grounds. In addition, it is important to consider and use the rules strictly with the help of inconsistent and make analysis of the issues related with the social networking sites. Social network enables the structure of the companies and organizations. Putting the news of the launch of the products and services helps the personnel to enhance the brand awareness of the customers (Courtney 2013). Execution of search engine optimization supports the personnel to directly search for the products, which results in the expansion of the business. Along with this, social network helps the personnel of the companies and organization to increase the trafficking of the audience towards the products and services. Creation of website portals and keeping the provision of feedbacks makes the personnel aware of the customer approaches in terms of the levied products and services. Regular surfing of these portals brings improvements in the services of the companies and organization. Social media becomes one of the most active demographic on social media. However, rapid increase of the use of social media requires norms and rules to be regulated so that it can be helpful for people to access social network. There is copyright law supports the basic idea whether a person creates something; he is able to decide the accessible person in it. It is also applied to the online that helps to access permission of creator that can be breach of copyright. The right of privacy can be protected through convention on the human rights. There is a case ruled by the employers that can read the private messages of workers. In spite of these wide-ranging benefits of social network, there are many disadvantages, which stall the path of technological advancement for the companies and organizations. Typical examples of these disadvantages are cyber crimes, which results in the loss of important official documents. McKee (2013) defined that adherence and compliance to the standards and norms of the regulatory framework plays an active role in curbing these crimes. One of the most important acts in this direction is Data Protection Act (1998). Effective adherence to this act enables the personnel to ensure the safety, security and privacy of the personal belongings of the stakeholders, shareholders and agency partners (Kind et al. 2014). The presence of the action of protection itself projects its functionality. Exposure of conscious attitude in abiding by the propositions of this act aligns with the responsibility of the personnel to preserve the individual sentiments of the partners in business. Within this, an important consideration is the users, who have the access to the data of the customers, staffs and the other partners. De Vaus (2013) mentioned that adequate verification of the achieved accesses, prior to the online transactions proves beneficial for the companies and organizations in terms of averting the cyber crimes. Herein, lays the effectiveness of the password, which denies access to an unknown visitor, who is unfamiliar with th e access systems. In spite of this, many persons adopt illegal means to get an access to the personal belongings of the customers or staffs. These persons are called hackers, as they try to intervene into the personal accounts of the customers and staffs. Sampasa-Kanyinga and Lewis (2015) stated that this bears resemblance with the Computer Misuse Act (1990), which played an active part in reducing the unauthorized access of the hackers into the personal accounts. As per the strict initiatives of the statutory bodies of UK laws and legislation, anyone found guilty in this regards is liable for punishment up to six months of imprisonment and a fine, the amount of which equals to 5000. One of the other acts is the Copyright, Designs and Patent Act (1988). According to this, act, the management of the companies and organizations are entrusted with the responsibility to possess a copyright for the online activities that they carry out (Cheston et al. 2013). As per the other propositions of this Act, the personnel of the companies and organizations are prohibited to download copy or obtain information from the forbidden sites. Violation of this rule is punishable under the functioning of the statutory body of law. Kimball and Kim (2013) mentioned that Official Secret Act (1911) helps the personnel of the companies and organizations to maintain the privacy of the official data. Violation of the rules and regulation of this Act compels the criminal to pay penalties. In order to avoid such situations, full verification of the emails, messages that is achieved online. Negligence towards this verification compels the management of the companies and organizations to lose several important data. One of the major concerns is the defamation, which degrades the standards of the companies and organizations within the market. Defamation Act of 1996 orders the management of the companies and organizations for immediate removal of the leaked information, which might avert further encounter of losses (Gholami-Kordkheili et al. 2013). Effective consideration of all these laws, while carrying out online transactions helps the personnel to safely store the personal data of the customers and the agency partners. For carrying out the online activities, the companies and organizations are binded within certain ethics, which establishes authenticity and validity in the business activities. Two of such ethics are the ACM Ethics and Professional Conduct (Verhoef et al. 2014). The following provides detailed insight into the dynamics of both the ethics. Association for Computer Machinery (ACM) is a central doctrine for the members regarding the effective and judicious utilization of the computers. The division of the doctrine into 24 parts binds the members into a commitment regarding adherence and compliance to the norms (Torri et al. 2016). These parts are further divided into sub-sections, which enhances the clarity of the personnel towards the workplace ethics that the professionals need to follow. Section 1 provides an insight into the basic ethics, that the professionals need to expose while working in the workplace (George et al. 2013). Section 2 projects the additional code of conduct that the professionals need to expose in front of the external agencies. Section 3 of the doctrine reflects the ethics, that the leaders need to possess for guiding the team members towards the identified and the specified goals. Section 4 deals with the principles, which the professionals need to abide by. Tseng and Kuo (2014) commented that the supplement of these sections in the form of guidelines would help the personnel to deal with the issues that arise in the workplace. The main purpose of the guidelines would be to preserve the ethics and core values of the companies and organizations, while taking decisions for their betterment. Along with this, the guidelines would play an active part in providing the victim with the opportunity to file a suit or claim against the culprit. This makes the culprit liable for punishment in terms of paying compensation for the lost honor and respect. The guidelines do not directly utter the ethics of utilizing the computer devices; however, the mentioned rules and regulations are applicable for all the business activities and the methods adopted for executing them (Murphy et al. 2014). Violation in this direction is the violation of the organizational norms as a whole. In comparison to the ACM, BCS code of conduct establishes standards for being a member of a particular team in the companies and organizations. The rules and regulations are applicable for all the personnel, who are registered under the statutory body of law. Herein, the type of membership, their roles, employment takes a back seat. The major concern here is the behavioral conduct of the individual. This code of conduct has several parameters. One of this is the breach of conduct (Reamer 2013). Under the rules and regulation of this parameter, if any person becomes aware of the incident of breach of conduct, he is entrusted with the responsibility to immediately report to the governing body of law. This rule is also applicable for the persons, who are not the members of the BCS group. BSC code of conduct has set professional standard needed by BC. It is a condition of membership that can be applied to every member beyond of grade of membership, the role that needs to be fulfilled and jurisdiction that can be employed based on the contractual obligations. In addition, it has ability to govern the conduct of every person. The members are expected to do exercise about making own judgment that can be reasonably justified. On the other hand, commitment to the ethical professional conduct that is expected each of the members of association. The ACM code includes 24 imperatives that can be formulated through statements of the personal responsibility. It can identify the components of making commitments. However, there are several issues include in the code that require to minimize. Upon proving a person guilty under the norms of BCS, the victim needs to produce a Standard Disclosure Certificate stating the in-depth details of the guilt. The time limit of providing this notice is 28 days, violation of which compels the court to declare the criminal free of any charges (Hamm et al. 2013). This acts as a deviation from the usual conventions of the workplace ethics, as it snatches away the right of the victim party to file a suit of claim against the culprit. Within BCS, the public interest of both the parties involved is taken into consideration, as both possess the individual rights to voice out their opinions. This consideration is assistance towards maintaining the integrity and respect towards the members. It is the duty of the relevant personnel to look into the matter with due consideration for restoring the justice to the victim. Involvement of the third parties needs to be verified for ensuring the protection of the members. Reamer (2013) stated that the verification aligns with the evaluative step, which enables the personnel to avert the risk management issues and emergencies. Exposure of conscious attitude towards compliance to both the code of conduct results in the up-gradation of the corporate attitude of the personnel. Social issues Adherence and compliance to the laws and regulations helps the companies and organizations to carry out the online transactions in an efficient and effective manner. Along with this, it acts as a protective cover watch over the business activities and adds a legal touch to the business processes (Ngai et al. 2015). Data Protection Act helps the personnel to safeguard the personal belongings of the customers and the other agency partners. Apart from this, Computer Mis-utilization Act reduces the misuse of the computer devices. As a matter of specification, effective compliance to these acts helps the personnel to nullify the power of the hackers in terms of intervening into the personal accounts of the customers and the agency partners. As mentioned by Shapiro and Margolin (2014), having a copyright for the online transactions authenticates and validates the activities, which builds reliance, trust and dependence among the customers towards the products and services of the companies and organizations. Not having a copyright allows the hackers to intervene into the official data and secret of the companies and organizations. Herein, the Official Secret Act is nullified. Possessing conscious and rational approach towards the adherence to the rules and regulations adds values to the roles and responsibilities of the personnel. This reflects their corporate attitudes. Specific compliance to the sub-sections of these directives enhances the clarity of the professionals in terms of fitting themselves into the workplace. The commonality of the word code in both the directives alarms the personnel in terms of preserving the core values of the organization. Violation in this regards in the degradation of the personnel as well as organization as a whole. The aspect of conduct can be correlated with the professional attitude of the professionals (Bowen 2013). Exposure of conscious and rational attitude in the execution of the workplace operations qualifies the personnel as leaders amidst the rat race to emerging successful the age of competition. Instead, the exposure of rational and intellectual approach in terms of the business operations leads to the professional development of the professionals. This upgrades the personality of the professionals, which nullifies the importance of the directives of code of conduct. Countering this, these directives are needed for maintaining the decorum of the workplace and adding efficiency in the business activities. Exposure of negligence in this direction aggravat es the instances of conflicts and discriminations, which destroys the sanctity of the workplace. This destruction deviates from the usual conventions of the workplace ethics, which results in the establishment of professionalism. Moreover, it detaches the personnel from the professional development, which again project the need of the directives relating to the ethical code of conduct. Viewing It from the other perspective, these directives are needed for regulating and controlling the performance of the personnel so that they attain success even in the greater platforms. Emerging successful in this regards equals to the corporate attitude of the personnel (Capurro et al. 2014). Attachment of the concepts of CSR in this, conscious approach of the personnel towards the wellbeing of the customers and other agency partners enhances and upgrades the status of the companies and organizations. Effective utilization of the means of social media is a typical support in this direction, which makes the personnel aware of the organizational issues. However, judicious utilization of this means is an added advantage for the personnel in terms of managing the trafficking of the audience towards the brand image. Limitation and vulnerabilities Social media is updating for providing more security followed be social, ethical and professional ethics to the users. However, the use of social media sites has several limitations and vulnerabilities involved with it. The future of social media deals with providing less. Hence, the design of social media makes constraint invasive as well as harmful practices. On the other hand, it is required to make online social interaction that can be safe as well as sustainable. In this aspect, it is required to embrace the drawbacks involved with it. The ephemeral media service of Snapchat did an announcement regarding the rending of API that is inaccessible for third party. It is a vital step for the organization that promises images would disappear within few seconds. However, Snapchat apps allow people to make the process in order to save hundreds of snaps, which got posted online in previous year. It is known as snappering. It was e vulnerable to the third-party applications and apps that approve the process in order to ensure social media organizations are similarly vigilant as well as responsive. It is important to consider the procedures that give security to the users (van Mierlo 2014). In addition, social networks generally involved with privacy controversies. Hence, it is important to consider the process that allows the users to access the social networking sites securely. Social networking sites are required to communicate and interact with people globally. Hence, it is important to provide security to the users. There are some social networking sites that are involved with sending privacy issue included content to the users. Phishing is one of the forms of social engineering in which the attackers make an attempt to make the generalized issues. In addition, phishing attacks employ the generalized lures. For an example, a hacker makes misrepresenting as big Banking Corporation that makes online auction (Bowen 2013). On contrary, phishing attacks are despite of understanding the elements of the context in order to become effective, e Phishing attacks are honed through means of making publicly available for personal information from the social networks. In addition, stuxnet is one of the most sophisticated as well as dangerous worms introduced in 2010. There are several social networks that are beneficial for the users to keep in touch with closed ones. Hence, different purposes for securities in the social networking sites are required to put so that the users of social networking sites are safe. Conclusion From the above discussion, it can be concluded that social, ethical and professional issues act as an important role in social networks. Hence, it is required to reduce potential for social media concerns and prudent for the practitioners for taking a first look in proper security precautions with own personal information as well as identity. There are also needs for general caution that are required at the time of posting anything. It is important to become familiar with privacy settings on controlling social media sites and adjust the limits in undesired access through clients. Hence, the users are required to disguise themselves online by using pseudonyms. References Bowen, S.A., 2013. Using classic social media cases to distill ethical guidelines for digital engagement.Journal of Mass Media Ethics,28(2), pp.119-133. Brinkmann, S., 2014. Interview. InEncyclopedia of Critical Psychology(pp. 1008-1010). Springer New York. Capurro, D., Cole, K., Echavarra, M.I., Joe, J., Neogi, T. and Turner, A.M., 2014. The use of social networking sites for public health practice and research: a systematic review.Journal of medical Internet research,16(3), p.e79. Cheston, C.C., Flickinger, T.E. and Chisolm, M.S., 2013. Social media use in medical education: a systematic review.Academic Medicine,88(6), pp.893-901. Chretien, K.C. and Kind, T., 2013. Social Media and Clinical Care.Circulation,127(13), pp.1413-1421. Courtney, K.L., 2013. 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