Matrimonial Communication - Free Essay Example

Sample details Pages: 14 Words: 4056 Downloads: 9 Date added: 2017/06/26 Category Law Essay Type Research paper Tags: Communication Essay Indian Culture Essay Did you like this example? Evidentiary privileges, almost of all kinds, are mixed blessings. Privileges are created to protect interests and relationships deemed of sufficient social importance. and they permit the exclusion, or sacrifice, of potentially relevant, reliable, and credible evidence, often the kind of evidence that many would not call incidental. Eminent evidence scholars including Jeremy Bentham, John Henry Wigmore, Charles Alan, Wright and Kenneth W. Graham, Jr., and Edward J. Don’t waste time! Our writers will create an original "Matrimonial Communication" essay for you Create order Imwinkelried have explored the rationales for evidentiary privileges, but they have done so largely by considering privileges as a unitary concept.  [1] One of the major principles recognized by the law in the conduct of litigation is that of disclosure of evidence. The meaning of this expression is that parties shall reveal to each other and for the purpose of proceedings, any and all evidence, relevant to the issues in those proceedings, which is or has been in their possession, custody and power. The object of the principle is simply that all such relevant evidence in the case should be available to be inspected by all parties, and that the parties should be free to place before the Court any evidence which will assist it in determining the truth and in doing justice between the parties. The idea of inspection of evidence in the possession of another party is primarily of importance in the field of documentary and real evidence, and most of the battles in the field of public interest immunity and privilege have been fought in relation to such evidence. The principle of disclosure and its object of enabling the parties to place before the court all relevant and admissible evidence, applies to evidence in whatever form, and the rules of privilege in particular are of significance with respect to certain kinds of oral evidence.  [2] One such kind of privilege enjoyed is in the communication made between spouses. Section 122 of the Evidence Act provides for such privilege and inhibits disclosure of marital confidence. Any communication between the husband and wife during the continuance of the marriage is privileged; hence wife as a plaintiff in a suit cannot be confronted with the same. This paper intends to challenge the applicability and relevance of this doctrine in contemporary times. The CENTRAL ARGUMENT of this paper shall relate to the features of the doctrine and the exceptions which have carved out by the act. It will be the prerogative of the research paper to answer pertinent questions like:- 1. What has been the impact of this privilege in modern times where the institution of marriage has become weak and flimsy? 2. What is the scope of the doctrine in cases where the two spouses are contesting against each other in a civil/ criminal suit? 3. What is the position of common law on this issue and how does Indian Law differ from the same? 4. What is the nexus and importance of this privilege in light of the Protection of Women against Domestic Violence Act, 2005? 1.2. THE STRUCTURE AND FLOW OF THE PAPER The paper has been dealt with in a heading wise manner. It is divided in Sections and sub sections. Each part has been separately dealt with. First the researcher has discussed the scope of the section along with the reasons behind its enactment. Then the researcher has gone on to understand the various ingredients covered under it and this has been done with the help of relevant case laws on the particular ingredient dealt with. Few landmark judgments on the issue have also been discussed in detail to provide for a holistic understanding of the issue. What the communication as privilege includes and what it excludes has also been stated. Finally at the end the section has been viewed in a critical light. Its necessity versus impediments it causes in making available important evidence at times. The researcher has also provided some views on the contemporary application of the age old section in some recent acts enacted and how its exception can still be justified according to it. 1.3 LIMITATIONS OF THE PAPER A limitation in doing this paper has been availability of a few cases that have been decided under this section. Also there are varying opinions of the Courts on this privilege. Even in the last few years only a few cases have been found including the High Courts along with the Supreme Court. No Supreme Court case has been found relating to Section 122 of the Indian Evidence Act in the last 4 years. 2. GENERAL OVERVIEW OF THE PRIVILEGE It has been seen that husbands and wives are competent witnesses in all civil proceedings, and in criminal proceedings against an accused, his or her wife or husband is a competent witness, whether for or against. S. 120  [3]  deals with competence or admissibility. But S.122  [4]  affects compellability, and contains a rule of privilege protecting the disclosure of all communications, between persons married to one another, made during marriage, except in certain cases i.e. in litigation between themselves  [5]  . Under Sec. 120, Evidence Act, the wife of an accused person is a competent witness. Under Sec. 122 the wife is not permitted to disclose any communication made by the husband during marriage unless the husband who made it consents. The prohibition is extended to all communications of whatever nature which pass between husband and wife.  [6] The provisions of the section can be summarized as  [7]  :- The privilege extends to all communications m ade to a person during marriage, by any person to whom he or she has been married, but not to communications before marriage. The communication need not be confidential. The rule applies to communications of every nature. The rule of privilege applies equally whether or not the witness or his or her spouse is a party to the proceeding. It extends to all cases, i.e. to cases between strangers as well as to suits or proceedings in which the husband or wife is a party. The privilege extends to communications made to a spouse and not to those made by a spouse. But the privilege is conferred not on the witness (unless the witness happens to be the spouse who made the communication), but on the spouse who made the communication; the witness cannot therefore waive it at his or her will, nor can the court permit disclosure even if he or she is willing to do it.  [8]  It is only the spouse who made the communication or his or her representative in interest who can consent to giv e up the privilege. The prohibition continues after the death of one of the parties to the marriage or divorce.  [9]  The obligation is to continue beyond the subsistence of marriage. The fact that a motion for divorce or for declaration of nullity of marriage has been made does not stop the obligation from continuing. The admissibility in evidence of the communication will be adjudged in the light of the status at that date.  [10]  It has been held in England that as the privilege in the English section (s 3 of the Evidence Am Act 1853) in terms relates only to husbands and wives, it does not exist after the marriage has come to an end  [11]  . The words husband and wife which are used in the English section do not appear in s.122. Moreover, when the section was framed the intention was to codify the then prevailing law in England which had been construed to apply to widows, widowers or divorced persons  [12]  . Further it is probable that the words husband and w ife were excluded from the Indian section with a view to make it clear that the privilege continues even after the death of one of the parties or divorce. The use of the words representatives in interest points to the same conclusion. 2.1 PRINCIPLE OF PRIVILEGE The prohibition under Sec. 122 of the Indian Evidence Act is based on the ground that the admission of such testimony is likely to disturb the peace of the family and weaken the feeling of mutual confidence. It rests on technicality that can be waived at will but is founded on a principle of high import which no Court in entitled to relax. It is further not confined to cases where communication is of strictly confidential character. In fact, it extends to all communications of whatever nature, which pass between the husband and the wife unless the spouse making the communication consents to its disclosure  [13]  . Section 122 of the Evidence Act recognizes the age-old concept of marital confidence that all communications between spouses during the wedlock are sacrosanct. This section limits the rule enunciated in s.120.  [14] 2.2 NATURE AND EXTENT OF PRIVILEGE The prohibition enacted by this section rests on no technicality that can be waived at will, but is founded on a principle of high import which no Court is entitled to relax. It extends also to cases in which the interests of strangers are solely involved, as well as to those in which the husband or the wife is a party on the record  [15]  . It is however limited to such matters as have been communicated during marriage, and consequently, if a man were to make the most confidential statement to a woman before he married her, and it were afterwards to become important in a civil suit to know what the statement was, the wife, on being called as a witness, and interrogated with respect to the communication, would, as it seems be bound to disclose what she knew of the matter  [16]  . The protection would not extend to facts coming to knowledge during the marriage, but from extraneous sources  [17]  . The privilege applies only to those who profess to maintain towards eac h other the legal relation of husband and wife. For the application of Section 122, it is not necessary that wife or husband should be a party to the case or proceeding. In any case, irrespective of the persons who are the parties to it, any communication made by a wife to her husband or by a husband to his wife is prevented from being roved in a court of law  [18]  . 2.2 (I) OVERHEARD STATEMENTS The privilege extends to all communications between husband and wife while they are alone or in the presence of children of tender years and also to communications which have been overheard by others. But under the English and American rule third persons are allowed to give evidence of communications between married persons made in their presence or overheard by them  [19]  . Markby says that the protection conferred in India is greater is greater than the English law, because in India the witness is not permitted to disclose the communication, so that the person making it, as well as the witness to whom it is made, is protected. In England the witness only is protected  [20]  .The law does not however appear to be otherwise in India and there is no reason why communications made in the presence or overheard by third persons should be protected from disclosure by those persons.  [21] 2.2 (II) ANY COMMUNICATION The section speaks of any communication and so the privilege extends to all communications of whatever nature passing between married persons and is not confined to communication of a confidential character. The words any communication are wide enough to embrace communications of every nature including ordinary conversations relating to business affairs which are not of a private or confidential character.  [22] As a general rule, the privilege includes letters from one spouse to another  [23]  . But threatening letters by a husband to his wife while they are living apart in contemplation for a suit for divorce are not confidential communications  [24]  . And to commit the communication to a third person to be transmitted to the wife, whether orally or in writing, destroys the element of confidence, nor is it a communication made by the husband to the wife  [25]  . 2.2 (III) COMMUNICATIONS NOT ACTS The protection extends only to communications, ie utterances and not acts. The confidence, it may be argued, which the husband and wife desires, and the freedom from apprehension which the privilege is designed to secure, must be supposed to be equally desirable for conducts as for utterances. The difficulty with this though is that it proves too much. On the one hand, the privilege does not apply to domestic conduct as such, and on the other hand it is equally true that any particular act or conduct may in fact become the subject of a special confidence in the wife alone, i.e. may become communication to her  [26]  . While his domestic acts are not ordinarily to be treated as communications, nevertheless it is always conceivable that they may by special circumstances be made part of a communication. It is clear that the mere doing of an act by the husband in front of the wife is not communication of it by him, for it is done for the sake of doing and not for the sake of dis closure. There must be something in the way of an invitation of the wifes presence or attention with the object of bringing the act directly to her knowledge  [27]  . The statement of the wife that she saw the accused (her husband) on the early hours of the day of the murder while it was still dark coming down the roof of his house, that he went to the bhusa kothri and came out again and took a bath and wore the same clothes, is not inadmissible as it has reference to his acts and conduct and not to any communications made to the wife.  [28] 3. COMMUNICATION CAN BE PROVED BY OTHER MEANS Under Section 122 of Evidence Act, a wife cannot be compelled to disclose any communication made to her. Communications between husband and wife during coverture is privileged and its disclosure cannot be enforced. The law does not protect the communications as such, but only excludes the spouse from being a witness to prove it. A communication between a husband and his wife is not protected if it can be proved without their assistance: it is the individuals and not the communications who are protected.  [29] In a case of Kerala High Court, the husband wrote a letter to his wife residing at her parents house. The letter contained defamatory matters against the father of the wife. The father got the letters and filed a complaint for defamation against the husband and he filed those letters. It was held that the letters were not relevant and it was observed that if such evidence is allowed the section will be rendered illusory and what the wife is not permitted to do herself and she can do through a relation of her to the prejudice of her husband.  [30] The Supreme Court over-ruled the decision of the Kerala High Court and held Section 122 of the Evidence Act only prevents disclosure in giving evidence in court of the communication made by the husband to the wife. If the wife appears in the witness box to give evidence about the communications made to her in the letters sent by her husband, prima facie the communications may not be permitted to be deposed to or disclosed unless the husband consents. That does not, however, mean that no other evidence which is not barred under Section 122 of Evidence Act or other provisions of the Act cannot be given.  [31] Similarly in another case Rumping, the mate of a Dutch ship was tried for murder committed on board the ship. Rumping had written a letter to his wife in Holland which amounted to a confession. Rumping had written the letter on the day of the killing and had handed the letter in a closed envelo pe to a member of the crew requesting him to post it as soon as the ship arrives at the port outside England. The member of the crew handed over the envelope to the Captain of the ship who handed it over to the police. The letter was produced at the trial and it was held to be admissible.  [32] 4. EXCEPTION TO RULE OF S. 122: CRIME COMMITTED AGAINST ANOTHER There is one exception to the general rule. When there is a Civil suit between the husband and the wife the communication between them can be proved by them. Again in a criminal proceeding if a wife is prosecuted for an offence committed by her against her husband or if the husband is prosecuted for an offence committed by him against his wife, the other spouse will be allowed to disclose any communication made by him or his partner. But offence must be one against the other  [33]  . The prohibition does not exist between in any suit between married persons, eg under s.52 Divorce Act and other litigation between them.  [34] It does not also apply in proceedings in which one married person is prosecuted for any crime against another, viz offences against person, assault, bodily injury, wrongful confinement or any other form of offence eg theft by one of the spouse against the other.  [35] 5. ENGLISH AND INDIAN LAW: THE COMPARISON In civil cases in England the privilege was contained in section 3 of the Evidence Amendment Act, 1853  [36]  which provided that: No husband shall be compellable to disclose any communication made to him by his wife during the marriage and no wife shall be compellable to disclose any communication made to her by her husband during the marriage. In Taylor (s910), Halsbury  [37]  and other English books it was assumed that the privilege also existed at common law before the Act of 1853, and that relying upon certain cases  [38]  that even after the marriage is severed by death or divorce. After an exhaustive survey of the nature and extent of the privilege, it was held that the old common law rule that communication between husband and wife were not admissible in evidence concerned solely with the competency (i.e. admissibility) and not compellability (i.e. privilege) and that the privilege is the creation of the statute of 1853.  [39] At common law there never was a separate principle or rule that communication between husband and wife are inadmissible in evidence on grounds of public policy; accordingly, unless the spouse is a witness and claims witness privilege communications between husband and wife are admissible.  [40]  It was further held that the privilege does not continue after the marriage has come to an end, i.e. it does not apply to widow, widowers or divorced persons  [41]  . The privilege has now been completely abolished in civil cases by the Civil Evidence Act 1968 [s 16(3)]. Some further changes have been made by the police and Criminal Evidence Act, 1984 under which it has been held that a former wife is competent to give evidence against her ex-husband of events that occurred during their marriage and before this Act came into force. The words any proceedings were taken to mean any proceedings that took place after the section came into effect, even if the events were anterior to that date  [42]  . Even a part from this wife has always been regarded as a competent witness though not compellable and, therefore, she can of the own volunteer to give evidence I which case she will be treated as an ordinary witness and cannot refuse to answer questions on the ground of her non-compellability.  [43] The main points of difference between the English and Indian Laws in criminal cases are:- In England the privilege does not apply to widows, widowers, or divorced persons as in India. There the privilege is conferred upon the witness alone, with the result that the other spouse has no right to object to the disclosure of the communications. Here it is the privilege of the spouse who made the communication and there can be no disclosure unless he or she, or his or her representative in interest gives consent. 6. CONCLUSION: SPECIAL REFERENCE TO PROTECTION OF WOMEN AGAINST DOMESTIC VIOLENCE ACT, 2005 The privilege is not absolute. Because its effect is to deny evidence at trial, courts generally interpret it narrowly. And it is not confined to cases where the communication sought to be given out in evidence is of a strictly confidential character, but the prohibition is extended to all communications of whatever nature which pass between husband and wife  [44]  . Section 122 provides against disclosure of a communication and not against disclosure of effect of said communication.  [45] The privilege thus not being absolute the exception to section 122 clearly states that the privilege cannot be claimed in certain situations, such as where one spouse is subject to prosecution for crimes committed against the other or against the children of the couple. This can be said to be in furtherance of upholding the principle of public interest and maintaining the sanctity of social institutions in the society. The idea behind such a concept is that state would intervene in the bedrooms of its citizens if it believes that privacy is being replaced by abuse and exploitation  [46]  . A similar objective can be observed to the enactment of the Protection of Women Against Domestic Violence Act, 2005 which aims to provide quick relief to all those women who endure physical abuse. Legally also it would give them their due and rights. To some extent it will put an end to the atrocities the woman, wife suffers at the hands of a violent man. It will safeguard and benefit marriages and relationships from violent domestic abuse.  [47] The new act contains five chapters and 37 sections with an objective to expand the definition of domestic violence, wide enough to encompass every possibility as it covers all forms of physical, sexual, verbal, emotional and economic abuse that can harm, cause injury to, endanger the health, safety, life, limb or well-being, either mental or physical of the aggrieved person  [48]  . And finally bring it within the purview of a hardcore offence. Primarily meant to provide protection to the wife or female live-in partner from violence at the hands of the husband or male live-in partner or his relatives, chapter V S. 32 (2) goes even further and says that under the sole testimony of the aggrieved person, the court may conclude that an offence has been committed by the accused.  [49] The Indian Evidence Act which applies to both civil and criminal law finds its application to the Domestic Violence Act also and since it discusses about a matrimonial offence, the protection of privilege under section 122 would not be applicable in such cases of matrimonial offences against the husband. So it can be seen that though section 122 of the Indian Evidence Act protects a spouse from disclosing the communication between them in public and making use of it as evidence in a court of law. It also provides an exception, which bars such privilege in cases where the spouse himself/herself is perpetrator of crim e against the other spouse. The adjective nature of the Evidence Act makes it important enough to find its application in the newly legislated Domestic Violence Act, 2005 with an aim to cover every kind of domestic violence within its purview. Such an increased application maintains the effectively of decades old legislation and makes it competent enough to be still relevant in the present and contemporary context thus justifying the need for the section and the need for its exception. Another aspect of this section can be seen with respect to its attack on the privilege. The father of the modern attack on spousal testimonial privilege appears to have been Jeremy Bentham, who harshly criticized various rules of exclusion, particularly the exclusion of the testimony of spouses for and against each other. Bentham, and other critics argued either that the privilege did not, in fact, promote marital harmony or that promotion of marital harmony was not, under the circumstances, worth the cost of forgoing the spouses evidence  [50]  . The common attack on the instrumental rationale was that some marriages are beyond saving. The modern attack on the policy basis for the disqualification relies heavily on the idea that some broken marriages are not worth protecting, at least not at the cost of foregoing valuable evidence  [51]  . So it has to be critically viewed in that light to see whether the sanctity of marriage as the age old principle behind this section should regain the importance attached to it or, in the light of recent developments and changing societal situations of short lived marriages and divorce proceedings becoming a common sight the section should become more flexible in its scope so as to not compromise the evidentiary value behind it on the basis of such sanctity by providing it as a privilege.

Essay on Interpreting the Constitution - 1872 Words

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International Marketing Case Study of MADE Groups

Question: Describe about the International Marketing for Case Study of MADE Groups. Answer: Introduction The new fashion statement is Go ORGANIC! Everyone is on the run for eating and drinking healthy. It not just benefits people but the environment too. However, this is not so recent as one may think. The idea of diet and eating healthy goes back to the 1990s when a Scientologist and entrepreneur repackaged a diet called the Master Cleanse. Founded in the year 2005, the MADE Group is a company established by three schoolmates who had the vision to find a market that had a gap, generate new ideas for the market and take an action to fill the gap. The company is often termed as a Homegrown Innovation. In the past one decade, the company has come a long way. MADE Group started with an enhanced range of water beverage and gradually spread their wings to other beverage lines. The company now deals in five categories, has an exceptional sales team, possesses a state of the art manufacturing unit and flaunts a strong network of direct distribution networks. MADE Group has over 20,000 retail distributors at hand across Australia and has 4 offices that it runs. The visionaries of the company strive to expand the supply of their products to other potential countries (MADE Group Official Website, 2016). The first country that it plans to expand is Singapore for its exclusive range of Cold Pressed Juices. A company and product anal ysis has been done in the following few paragraphs to understand the viability of the expansion at the current stage. (Newman, 2010) Company and Product Analysis The MADE Group has an experience level of 10 years and the range of Cold Pressed Juices is among the first few brands that it had launched in the Australian market. The company aims at innovating itself and the brands in the beverage industry so as to fill the gaps that are posed in the market with the rapidly changing demand of the market. The product is the range of Cold Pressed Juices that are made from slowly squeezing the fresh fruits and vegetables while eliminating the harmful bacteria. The product does not require pasteurization to be preserved. It has been made from 100% locally grown fresh fruits and vegetables. The juices are available in many different names and flavors. Some of these include Ginger Ninja, The Works, Summer Greens, Unearthed, Cacao Kapow and Berry Beats. It is known that the aroma and overall quality of the juices are excellent and offers excellent flavors. It satisfies the need of the focal shift of the new generation towards healthier drinks and juices that are more organic in nature. It satisfies the needs of individuals of all age groups. It is not restricted to a particular target market; however, it can prove to be extremely beneficial for the Youth, elderly people and professionals alike. The performance of the product has been plausible until now. Since its inception it has received an excellent feedback and hence the company has been planning to expand its market of cold pressed juices in Singapore (Anonymous, 2016). Until now the company has used retail distribution to market the product largely. The company has always worked towards ensuring the products sale in the market and are competitive in terms of quality and pricing. This factor is indeed one of the distinctive factors that have changed the face of the company over time. Apart from this, there have been no major promotions done in the retail market. The company indeed has sufficient resources to go overseas with a considerable amount of success achieved in the past, a professional team of marketing and sales staff and state of the art manufacturing unit in Melbourne. In the past three years, the company has been able to launch a number of brands in the home market. It has been able to get investors and grow the company to a large extent with innovation and competitive methods of production and sales into the Australian market. Comparative Country and Product Market Analysis Singapore is one of the few countries that has shown a remarkable amount of improvement and development in a very short span of time. The economy of the country is expected to reach to $342 billion by the end of 2018. Some of the primary drivers of the economic growth include domestic market, external factors, investments and private consumption and expenses of the people. The pharmaceutical industry and the petroleum industry have been attracting a number of investments across the globe. The PESTLE analysis of the company shall assist in understanding the country in the best possible manner (Lucintel, 2013). PESTLE Analysis of Singapore Political Factors: the political risk associated with Singapore are quite low. It is a democratic country and the people enjoy the minimum amount of political risks. The country is stable and the government works towards giving more business opportunities to companies across the globe. However, there is no freedom of speech for opposition parties in Singapore. Economic Factors: Singapore has a free market economy. The development is fast paced and the per capita income of the people is the highest in the ASEAN. The country is corruption free and this factor helps industries grow and flourish at an exceptional rate. However, certain economic problems include increasing cost of labor, less number of individuals who can work as laborers and decline in productivity of the people as a whole. The government is active and an imperative player in the overall economic condition of the country. Social Factors: the country is like any other Eastern country. It still works around traditional family values. However, the youth of the generation is trying to follow the Western ideas and culture. Individuals tend to work hard in order to fulfill the materialistic desires that they possess. Literacy rate in the country is very high. With the compulsion to learn English and Chinese in schools, the country has been receiving a large attraction from foreign companies and countries across the globe. Technological Advancements: internet and increased connectivity has proved to be a boon for the citizens of Singapore. The residents are connecting with the world at an increasing rate and are seen to be active on social media largely. The IT infrastructure in Singapore is plausible. It is known for a fact that 70% households of the country have internet and the demand for ecommerce and eB2C models are also on a rise in the country. The spread of internet in the nation has previously invited a number of multinational companies to set up their infrastructure in the country. Furthermore, the government is moving towards an electronic government era as well (Anonymous, 2015). Legal Factors: businesses in Singapore require licenses and have to abide by regulations in order to set up. There are e commerce policy initiatives that have been launched and cross border engagements are seemingly invited. A large number of legal and technical infrastructures have been made to support the industries. Some of the most important laws include Electronic Transactions Act, Tax Issues and Import and Export Procedures, Content Regulations and Evidence Act etc. PESTLE Analysis of Thailand Political: According to World Banks report on Worldwide Governance Indicators in 2010 Thailand has failed on almost every parameter. The political frame is extremely unstable and ranks considerably low on voicing opinions as well as accountability. Government policies, regulations and their effectiveness is poor as well. Thailand has a coalition government which has been working towards the growth of the country through a distinct promotion of trade and investment in the region. Furthermore, the government is fighting corruption religiously and has been working religiously towards the upliftment of the standard of living of the people in general. The government has been offering tax incentives to promote eco-car production and usage. Thailand is gearing up to increase the amount of renewable approach that has been used. Sustainability is the new approach that is being taken up by the government along with a number of steps taken to improve the economic conditions. Economic: Thailand has seen an incredible amount of improvement in the overall GDP of the country between 2004 and 2010. The industrial sector has contributed to approximately 44.7% of GDP with a steep increase from 53.1 billion in 2002 to $119.5 billion in 2010. A considerable amount of increase in private investments and the need for highly skilled laborers in the country. Thailand has a strong banking system; however, the fiscal deficit of the country is worrisome. Although the GDP of the country has improved over time but the expenses have also skyrocketed that are causing high fiscal deficit. Hence, it is becoming difficult for the government to lay focus on the social welfare and economic development of the country as a whole. Social: Significant amount of inequality is evident on economic grounds in Thailand. Thailand has a literacy rate of 95.7% as of 2010. During the span of 2006-2009 the government has spent about 4.3% of Thailands GDP on educating their citizens. A highly educated workforce is evidenced by the high literacy rate in Thailand. However due to the geographical location of Thailand where most of it is surrounded by water, the medical experts have warned the residents of Thailand about the outbreak of diseases such as typhoid, cholera and gastrointestinal diseases. Technology: Thailand has grown in leaps and bounds owing to their technological innovations in a span of 5 years, from 2005 to 2010. The US Patent and Trademark Offices permission for patents to Thailand has grown from 25 in 2005 to 60 in the year 2010. However, Thailands skilled workforce is extremely low thus the number of people working on technological innovations are affected. The total ratio of enrollment in tertiary training is only 45. If Thailand seeks to increase its skilled labour force the education in tertiary sector also needs to go up. Legal: Thailand has revised their tax reforms in order to encourage people to invest and their consumption to increase in order to support the market productivity. These reforms are expected to influence tax revenues and increase business investments too. Thailands Foreign Business Act strictly prevents international investment among all sectors, most importantly in the service sector. Thailand has severe restrictions on foreign equity ownership. According to a report in 2010 by World Bank, it stated that Thailand was among 87 stringent nations with regard to allowing foreign investments. Environmental: As an initiative to protect the environment, the Cabinet in 2010 decided to impose tax on industries causing pollution. The rates will be fixed based on the amount of pollution present in the air, water and industrial waste as well. It would therefore be safe to say that Thailand may not be the ideal place to do business if MADE seeks to expand. (Naranlala School, 2013 and Datamonitor) Similarities and Differences between Australia and Singapore Choosing a business jurisdiction in order to invest into a new economy is not just risky but also requires a lot of careful strategic planning. The key concerns for entrepreneurs while choosing a place to expand their business is to check the political stability, tax system, the market economy, ease at which business can be done and business friendly atmosphere. According to International ranking Singapore is very beneficial for the investors which offer many monetary benefits. Understanding the similarities and differences between two economic cultures is effective in understanding consumer behaviour which can help to consider the profitability of any company who is looking forward to expanding. Similarities Singapore and Australia are both very good for starting new businesses. According to a report published in the year 2015, Singapore was ranked #1 by World bank for Ease of doing business and Australia ranked tenth. The 2014 report for Best Countries for business awarded Singapore the 8th ranking and Australia the Sixteenth rank. Singapore and Australia are Worlds freest economies that allow business activities at an increasing rate. Singapore and Australia are the top most locations for Asian expatriates. Differences Australia has a high tax burden and ranked 35th in the 2014 Best Countries for Business index while Singapore was in a much better position with very low tax burden, ranked 5th in the report. Singapore is a highly IP protected country while Australia isnt. According to a report by World Economic Forums on Global Competitiveness, Singapore was the second most competitive economy in the world. Singapores political condition is considerably stable with the government working at providing more business opportunities globally. Australia on the other hand poses extremely difficult terms for doing business. The labour regulations are extremely restricted in Australia. Government bureaucracy is highly inefficient and a problematic tax regulation makes it highly difficult for any organisation to do any kind of business activities. One of the main problems seen in Australia is the regulation for tax rates; however Singapore has very simple and low tax rates. Considering the economic condition of Singapore it would be safe to say that Singapore indeed is an extremely beneficial place in terms of profitability and ease of business as well. Since the government of Singapore favours new businesses marketing for MADE would be highly effective. The cold press juicer market at Singapore is not highly established providing a great opportunity for MADE to comfortably operate and be highly productive and competitive (Anonymous, 2016). Product Market Analysis Although Singapore is among the smallest countries in Asia; however, it has a population of 5 million and it is one of the biggest importers of food products. According to experts, the country imported agricultural products and food and drinks worth US $12.1 in 2011 (Switzerland Global Enterprise, 2013). The rise in the consumption of food and drinks has been seen due to an increasing number of working women and the rise of the middle class population in the country. Furthermore, there has been an increase in the amount of disposable income that an average consumer has had. The expenditure done by the average number of people has grown considerably. The country is expected to grow further with respect to a potential increase in the disposable income in the years to come. ( Orissa International, 2013) The expenditure of the average individual on food and drinks in 2011 was recorded as US $7.8 billion which has increased by a whopping 8% since 2006. Apart from this, it is interesting to note the that the retail industry of the country has over 3,000 supermarkets, stores, hypermarkets, departmental stores etc. that sell drinks. Apart from this, there are another 1,300 specialty drink outlets. It is recorded that the majority of the sales happen in supermarkets that is up to 60% etc. An increasing number of people are moving towards supermarkets (Anonymous, n.d.). The market of Singapore is beneficial for the product lifecycle. The retail industry of the country is on a growth spree. The cold stores are easily available and after a detailed analysis of the economic and political sectors of the country, setting up a manufacturing unit should not be a problem. The market is at an excellent phase in the product lifecycle. 90% of the food and beverage products in Singapore are imported from other countries which makes it one of the leading importer of all times. (Economic Freedom, 2016) Competitor Analysis The main sources of fruit juices supply to Singapore comes from Malaysia at 27%, South Korea at 4%, Indonesia at 16%, USA at 14% and China at 7%. It is noted that the Singapore industry already has a competitive market with local brands also competing for a considerable amount of market share. Pokka Singapore is one among all. Also, a number of juice brands from Malaysia have also ventured into the country over time (Switzerland Global Enterprise, 2013). Foreign brand for cold pressed juices is Juice Junkie and JOOB and local competitor of MADE Group is KARMIC Cold Pressed Juices KARMIC is a small sized organisation operating in Melbourne, Australia. They produce a range of cold pressed juices and smoothies which have a shelf life of 3 days. Joob is a small scale company, providing 100% organic juice cleanses as well as simple cold pressed juices. The company uses the Norwalk Juicer which is considered to be of high credibility. Juice Junkie has been operating in the Singaporean market, providing detox juices, juice bars and smoothies since 2013. Their inception was in USA and they finally spread their wings in Singapore markets. They operate online as well as sell their products in stores. There are a number of competitors in Australia. Melbourne itself has a trail of cold pressed juice companies providing 100% organic juices. The competitors of MADE are KARMIC Cold Pressed Juices, Greene Street Juice and FEAST Juice. Feast Juice makes cold pressed juices and the profits made from their produce goes to a number of social and environmental initiatives. They also use their vegetable waste from the smoothies to make organic fertilisers for their produce. KARMIC uses a whopping 8kg of unadulterated fruits and vegetables to make a 2 day detoxifying juice and the fructose value of these juices are below 5% in order to reduce sugar consumption for a healthier body. MADE is an established name which has been in the market for the last 11 years. The products at MADE are steadily squeezed by slowly eliminating the harmful bacterias. Unlike other companies MADE does not use traditional heat pasteurization. Companies like JOOB though minimum, yet they do use heating process to extract the juice out of fruits and vegetables whereas MADE does it heat -free! Singapore is an open minded economy with a great impact of the western values upon the youth. Therefore their consumption habits are obviously on the similar lines therefore cleansing juices will make waves in the Singaporean market. It is also preferred by people who drink alcoholic drinks since these juices help to detox your body and it might be a great choice for a healthier lifestyle. Since MADE produces organic juices that are free from bacteria and pure unadulterated juices, it can be consumed by any age group. With the recent fad on diet and organic drinks, MADE products would make considerable growth among the working professionals who are constantly on the lookout for a detox. (Pleasant, 2014) MADEs Competitor Juice Junkie had its inception in 2013 and has been selling 100% Organic Cold pressed juices ever since. They have a store at Duxton Road and for all internet savvy people they operate online as well. They have a range of products from juice bars, to nut smoothies. They have a nutrition section at their store where a nutritionist assists in offering advice on the most appropriate drink. They are considerably small with a limited market presence. MADE on the other hand is a larger organisation and operates on a larger scale than most of its competitors in Singapore therefore the chances for success are high in Singapore. (Juice Junkie) Market Selection - Justification and Opportunity Statement The market selection is of Singapore. The country Singapore has been chosen because the country is more developed as compared to Thailand in general. MADE would have a lavish opening if the management considered to expand in Singapore. The reasons are very obvious and encouraging. Most of the cold pressed juice companies at Singapore are comparatively new as opposed to MADE which started its business in the year 2005. MADE has many more years of experience, market presence with a superior method of production. In addition the market at Singapore is extremely favourable for Businesses that have something fresh to offer. Moreover the cold pressed juice companies have a limited global presence. These are companies that are confined to limited geographical space and also have lesser shelf life while Made has used technological expertise to increase shelf life of their juices and smoothies. About 70% of Singapores population uses the internet. This can help MADE make a favourable impact through social media networking sites first and then approach the Singaporean market to see the feedback based on which a thorough strategy can be planned. The major area where MADE can really make its mark is the experience factor. MADE has survived through the critical economic conditions at Australia and Singapore gives a much more comfortable platform for MADE to flourish. Considering the PESTLE Analysis of Singapore one may conclude that Singapore is an extremely favourable place for business operations. Entry Strategy The social, economic, political and technological conditions will highly favour MADE in being a success in Singapore. One of the major ways that MADE can build its image in Singapore is by creating online presence. With a high number of people using technology, advertisements through the internet can make a great opening into the Singaporean market. Heat free pasteurisation is a great marketing strategy that can be used in order to gain popularity. MADE has already made its footing in the Australian market which gives them a higher possibility to make a greater impact in Singapore. B2C Markets may be highly beneficial too. MADE can initially try to sell their products through ecommerce and then slowly move into directly selling their products in the Singapore markets. After completing creating online presence, MADE can slowly move into direct forms of business dealings such as exporting the goods to Singapore and directly selling their products to local stores and supermarkets. MADE can export their products by venturing with the Singapore government since Singaporean government is extremely cooperative in terms of business operations and they welcome such initiatives. Since Singapore has low taxes on companies operating there it would be very profitable and cost effective for MADE to get more returns in the Singaporean market than the Australian market. Singapore is the number one economy that allows trade with ease. Their trade policies have very few barriers making business operations extremely smooth. Their superior custom procedures and high quality travel infrastructure enables movement of goods easy and safe. Another major advantage of Singapore market is its Bureaucracy. It is by far the simplest bureaucratic government with least hassles and free from red- tapism and corruption which helps the economy to function without any selfish ambition. Government regulations are least burdensome with transparent policies to favour companies. Singapore is the most favourable country for trade which will help MADE to enter the market easily and succeed in their business endeavours. (Australian Collaboration, n.d.) Conclusion MADE Group is dedicated to maintaining public health of its customers therefore their aim is to always provide fresh, organic and superior quality juices. They also seek to make a difference to the health of the people around by decreasing the burden of environmental pollution. Several steps have been taken within the production unit such as using light weight PET plastic bottles that reduces the use of plastic almost by 50%. The process of blow-moulding bottles reduces the transportation of incoming packaging materials by more than 90%. MADE bottles can be reused which reduces the volume of plastic production. The usage of LED lighting also reduces power consumption and efficiently uses energy. MADE has made successful addition to some of its products and are continuing to flourish with their range of products.Early this year they revised their Rokeby Farms product and introduced Protein Breakfast Smoothies. (MADE Group) With regards to their expansion to the Singaporean markets, MADE may achieve immense success because though there are small organic stores selling cold pressed juices with limited online presence, MADE is a bigger name and longer experience. They have a larger operating facility of 10,000 m2 and in order to maintain environmental loyalty, operated under HAPP certified management system. References Anonymous. n.d. The Food Beverage Market Sector in Singapore. Retrieved from: https://www.enterprisecanadanetwork.ca/_uploads/resources/The-Food-Beverage-Market-Sector-in-Singapore.pdf Anonymous. 2016. Live: MADE Beverages Group gears up for Export. Food and Drink Business. Anonymous. 2015. PESTLE Analysis of Singapore. Pestle Analysis.com. Retrieved from: https://pestleanalysis.com/pestle-analysis-of-singapore/ Anonymous. 2016. Doing Business - Singapore Vs Australia. Hawksford: Guide Me in Singapore. Retrieved 11 October, 2016 from https://www.guidemesingapore.com/country-reports/australia/doing-business-singapore-vs-australia Anonymous. Singapore's Top 10 Cold Pressed Juices. 2016. Retrieved 11 October, 2016 from https://www.tallypress.com/singapore-top-10s/singapores-top-10-cold-pressed-juices Austrade. Doing Business. SINGAPORE. Retrieved 11 October, 2016 from https://www.austrade.gov.au/Australian/Export/Export-markets/Countries/Singapore/Doing-business Chloe. 2015. KARMIC Juice Cleanse. Retrieved 11 October, 2016 from https://www.chloeting.com/karmic-juice-cleanse/ DATAMONITOR. 2011. Thailand: In-depth PESTLE Analysis. Retrieved 11 October, 2016 from https://documents.mx/documents/thailand-pestle-analysis.html Economic Freedom. 2016. Singapore Economy. Retrieved 11 October, 2016 from https://www.heritage.org/index/country/singapore Joob, Singapore. Official Website. Retrieved 11 October, 2016 from https://www.joob.sg/why-joob/ Juice Junkie. Official Website. Retrieved 11 October, 2016 from https://juicejunkie.com.sg/ KARMIC Cold Pressed Juice. Official Website. Retrieved 11 October, 2016 from https://karmiccoldpressedjuice.com.au/pages/about-us Lucintel. 2013. PESTLE Analysis of Singapore 2013. Lucintel: Insights that Matter. MADE Group Official Website. (2016). About MADE. Retrieved from: https://madegroup.com/about-made/ NARANLALA SCHOOL. 2013. PESTLE Analysis of Thailand. Retrieved 11 October, 2016 from https://www.gtu.ac.in/ABP/GCSR%20PDF%202013/799%20Thailand%20-%2011-.pdf Newman. J. 2010. The Juice Cleanse: A strange and Green Journey. New York Times. Retrieved 11 OCtober,2016 from https://www.nytimes.com/2010/10/28/fashion/28Cleanse.html?_r=0 Orissa International PTE LTD. 2013. Retrieved 11 October, 2016 from https://www.s-ge.com/sites/default/files/private_files/BBK_Foodstudie_Singapore_June%202013_0_2.pdf Pleasant. E. 2014. Where to Find Melbournes Best Cold Pressed Juice. Retrieved 11 October, 2016 from https://www.theurbanlist.com/melbourne/a-list/melbourne-s-best-cold-pressed-juice Switzerland Global Enterprise. 2013. Food and Beverage Market Singapore. Switzerland Trade and Investment Promotion. UKEssays. 2015. PESTLE Analysis of Singapore. Retrieved 11 October, 2016 from https://www.ukessays.com/essays/economics/pestel-analysis-of-singapore-economics-essay.php

The Despicable Daisy Buchanan Essay Essay Example

The Despicable Daisy Buchanan Essay Paper â€Å"On Wednesdays we wear pink† . Authoritative Mean Girls Regina George. Regina is the most beautiful. popular miss in school. Everyone seems to listen to her. But. under all her make-up. you can see she is besides the meanest and ugliest of them all. In Fitzgerald’s The Great Gatsby. Daisy Buchanan is Regina George. Daisy is by far the most contemptible character in the full novel. Despite her outer beauty. Daisy exemplifies true ugliness through her expressions and ditziness. selfishness and mercenary focal points. every bit good as her bad ethical motives and deficiency of duty. Looking at Daisy. she appears gorgeous indoors and out. She has the â€Å"full of money† voice that immediately draws people in like she is composed of good promises. But truly it is the complete antonym. The lone promise Daisy’s voice has is the promise of taking more people under her enchantment. â€Å"I’ve heard it said that Daisy’s mutter was merely to do people thin toward her ; an irrelevant unfavorable judgment that made it no less charming† ( 9 ) . Daisy has ever been the belle of the ball as verified by her maidenhood friend from Louisville. Jordan Baker. Daisy uses her physical visual aspect and flirty ways to derive attending for herself. demoing her true colourss. Daisy believes being her flirty and ditzy ego is the manner to derive people’s focal point. She clearly has experience in these ways as proven when she talks about the girl Pammy when she grows up: â€Å"I hope she’ll be a fool†¦that’s the best thing a miss can be in this universe. a beautiful small fool† ( 17 ) . We will write a custom essay sample on The Despicable Daisy Buchanan Essay specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on The Despicable Daisy Buchanan Essay specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on The Despicable Daisy Buchanan Essay specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Daisy’s figure one focal point in life is by far Daisy. Nothing else registries in her caput besides herself and. of class. her money. Her mercenary attitude leads to brutal egoism. Even at the immature age of 18. philistinism is the exclusive factor in the matrimony pick of Tom. When Jay Gatsby. her hapless first love. goes to war. Daisy promises to wait for him. However. shortly after he is gone. Daisy meets Tom Buchanan. Tom is from a societal household who could assure her the affluent life style she desires. This is all Daisy needs to cognize. She selfishly marries Tom. wholly go forthing Gatsby behind all for her ain personal wealth. Even Gatsby recognizes her compulsion with money. â€Å"She merely married you because I was poor† ( 130 ) . Although Gatsby did non see that as selfishness since Daisy is â€Å"perfect† in his eyes. her pick is without a uncertainty cold hearted. Throughout the book Daisy strings along two work forces ; her hubby. Tom. and her old love. Jay Gatsby. all for more egotistic attending. â€Å"I did love him once—but I loved you too† ( 132 ) . Frequently. Daisy’s selfish ways and love of the all-powerful dollar lead to her atrocious ethical motives and turning away of duty. When times get tough and things go incorrect. Daisy hides behind her money and goes someplace new. go forthing behind the state of affairs. For illustration. at the hotel Daisy gets put in the state of affairs of holding to pick between her two work forces. Tom and Jay. Right off. her first idea is to run off from the duty. â€Å"I won’t base this! Oh. delight let’s acquire out† ( 133 ) . On the manner place from the hotel. Daisy is driving Gatsby’s auto through the Valley of Ashes and hits Myrtle Wilson. immediately killing her. Daisy. being her usual ego. weeps and drives off from the scene. leting Gatsby to take incrimination. â€Å"But of class I’ll say I was† ( 143 ) . Daisy. killing another human being and non having up to it is hardhearted on so many degrees. For her to be able to wake up the following forenoon and experience all right is incorrect. turn outing her awful ethical motives. George Wilson. Myrtle’s hubby. is highly angry and out of control when he finds out the auto that hit his married woman belongs to Jay Gatsby. George. presuming he is to fault. shoots Gatsby and so himself. killing both. If Daisy would hold stopped at the accident and owned up to the decease of Myrtle. two more lives might hold been saved. Even lower. Daisy does non go to the funeral of Jay Gatsby. a adult male who. in a sense. took a slug for her. Daisy fled with Tom to a new location. go forthing no reference or anything behind. Sometimes the people ugliest on the exterior are the most beautiful on the interior. like Beauty and the Beast’s Beast. Although he is chilling and hairy on the surface. he is sweet and kindhearted the deeper in you go. Other times. there are people like Daisy. the complete antonym. In the terminal Daisy reveals herself for what she truly embodies. Despite how appealing and attractive she appears. her ugly side comes out the deeper the novel goes. She. as a individual. is proven to utilize her expressions all for the incorrect grounds. She centers her life on money and selfish ways. has corrupt ethical motives. and strongly lacks duty. Daisy Buchanan is by far the most contemptible and ugly character. Why wear pink on Midweeks when it is the interior that truly counts?