The Concept Of Contract in The Code Napoleon - Free Essay Example

Sample details Pages: 10 Words: 2906 Downloads: 3 Date added: 2017/06/26 Category History Essay Type Compare and contrast essay Did you like this example? THE CONCEPT OF CONTRACT IN THE CODE NAPOLEON Introduction and historical background leading to the formation of the Code Napoleon One of the biggest dilemmas that jurist over the course of history have faced is over the question of codification of law. One school of thought believes that the best and most just application of law can be achieved only when the principles that will finally be used for dispute resolution are enunciated beforehand. These principles can then be applied to each case. A conflicting view held by proponents of the other school of thought holds the view that each problem that reaches the courts of law is sui generis[1] i.e. distinct in its own sense; therefore, it would not be apt to apply a premeditated solution to the case. The principle so laid down beforehand might not be able to anticipate the kind of problems it will be called upon to address in the normal course of working of the courts. The judges should, thus, be allowed to lay down principles in every case. This ideological difference formed a part of the intense tussle between 16th century English jurists Francis Bacon and Ed ward Coke. While Bacon espoused the cause of a uniform code, Coke was in favour of judges laying down the law. This aspect of the source of law, ultimately forms the biggest point of difference between the English common law and Continental Civil Law. The Code Napoleon or the Code Civil des FranÃÆ' §ois was declared as the supreme law to be used for governance in the territories of France[2] . The name Code Napoleon was ascribed to it in the year 1807. After Napoleon had been forced into exile, it reverted back to its original name but again in 1852 its name was changed to Code Napoleon. The code is nowadays commonly known as the French Civil code. While studying the historical background of the Napoleonic code, it would serve us well to keep in mind the fact that the Code Napoleon was not the first extensive codification of laws under one umbrella code. The very first such code was the Roman code à ¢Ã¢â€š ¬Ã…“corpus jurisà ¢Ã¢â€š ¬Ã‚  of emperor Justinian. This code f ormed the basis for modern jurisprudence and largely affected the subsequent codes in various countries. The notable among such codes were the à ¢Ã¢â€š ¬Ã…“danske lovà ¢Ã¢â€š ¬Ã‚  of Denmark established by Christian V, Swedenà ¢Ã¢â€š ¬Ã¢â€ž ¢s (Sverige rikes lag) of 1736 and the à ¢Ã¢â€š ¬Ã…“Allgemeines Landrecht fÃÆ' ¼r die PreuÃÆ'Ã… ¸ischen Staatenà ¢Ã¢â€š ¬Ã‚ ,which was compiled on the orders of Frederick the Great in the year 1794.[3] The French civil code is more important than others because of the fact that it forms the basis of the legal systems in almost the whole world except for the common law countries like the United Kingdom, USA and India.[4] The legal system of post revolution France was, to put it mildly, in shambles. The country was plagued by multiplicity of laws operating in different parts of the country. While one section was governed by the older Roman law principles (droit ÃÆ' ©crit), the other part was under the law of customs known as coutumes (droit coutumier). These coutumes were generally different for different territories. It was in this regard that the great philosopher Voltaire quipped that a traveller in France changed his laws as often as he changed his horse.[5] Many attempts were made at drafting a uniform civil code in France but ultimately Napoleonà ¢Ã¢â€š ¬Ã¢â€ž ¢s attempt was most successful culminating in the adoption of the Code Napoleon in 1804. The legacy of this code remains unscarred to this date as it forms the basis of similar codifications in large parts of the modern world and many other countries where it has been adopted almost intoto.[6] Don’t waste time! Our writers will create an original "The Concept Of Contract in The Code Napoleon" essay for you Create order Structure of the Code For the purpose of clarity, the French Civil code is divided into various Books. These books have further been divided into à ¢Ã¢â€š ¬Ã…“titlesà ¢Ã¢â€š ¬Ã‚  which are basically headings under which subjects like marriage, contracts and emancipation have been discussed. The code comprises of three such books. The number of articles in the code stands at 2,281. The book one of this code is titled à ¢Ã¢â€š ¬Ã…“of personsà ¢Ã¢â€š ¬Ã‚  and contains principles for personal laws in fields like marriage, family and divorce. The book two of the code has been christened à ¢Ã¢â€š ¬Ã…“Of property, and the Different modifications of propertyà ¢Ã¢â€š ¬Ã‚  and the third book which is also the most extensive is titled à ¢Ã¢â€š ¬Ã…“Of the Different modes of Acquiring Propertyà ¢Ã¢â€š ¬Ã‚  and contains relevant sections regarding contracts and shall form the basis for our study into the concept of contracts laid down in the Code Napoleon.[7] The articles relevant to contracts can be found in the book three under the title IX which reads à ¢Ã¢â€š ¬Ã…“of contracts or conventional obligations in generalà ¢Ã¢â€š ¬Ã‚  and runs from article 1101 through article 1369.[8] Further conceptions and applications of the cardinal rules of contracts can be found in titles IV, V, VIII and IX. The contracts of hiring and the contract of partnership have found special mention in titles VIII and IX respectively. Basic concepts of Contracts as laid down in the Code: The basic elements regarding contractual agreements are stated in the articles starting from article 1108 under the heading Des conditions essentielles pour la validitÃÆ' © des conventions (à ¢Ã¢â€š ¬Ã…“Of the conditions that are essential for the validity of agreementsà ¢Ã¢â€š ¬Ã‚ ). The article 1108 has laid down four essential ingredients for a contract[9]. These elements are: Consent of the Binding parties Capacity to enter into a contract A certain object forming the matter of the contract; and Lawful cause. Articles 1109 onwards up until 1122 deal with the first requirement i.e. consent. Article 1109 excludes contractual liability in cases where consent was given through mistake or under duress. Under Article 1110 errors of a lesser degree à ¢Ã¢â€š ¬Ã…“erreurs sur la qualitÃÆ' © substantielleà ¢Ã¢â€š ¬Ã‚ [10] have been designated as not grounds enough for nullifying a contract. As per the provisions of the Article 1113, if violence is exercised towards a spouse of the contracting party, it becomes grounds for nullity of contract. Reverential fear of father or mother, albeit no violence has been committed will not suffice to annul a contract. This autonomy of will or autonomie de la volontÃÆ' © has been considered to be the linchpin of the French Law of Obligations.[11] The Section II is titled à ¢Ã¢â€š ¬Ã…“Of the capacity of The contracting Partiesà ¢Ã¢â€š ¬Ã‚ . It starts at article 1123 which lays down that every person who has not been declared by law to the contr ary, is allowed to enter into a contract. Those incapable of entering into contracts are Minors, Interdicted Persons, Married Women (in cases laid down by law).[12] The Section III. à ¢Ã¢â€š ¬Ã…“of the object and matter of contractsà ¢Ã¢â€š ¬Ã‚  deals with the third requirement enumerated in Article 1108. The Article 1126 stipulates for every legal contract to have for itself an object, a thing which one party is bound to give, to do or restrain from doing. The use or possession of a thing can form legal object for a contract. Article 1128 states that only the à ¢Ã¢â€š ¬Ã…“objects of commerceà ¢Ã¢â€š ¬Ã‚  can be the object of agreements. The object should at least be determinate i.e. have a definite form. The quantity of such an object has been granted to be uncertain. Future things may be the objects of an obligation.[13] The last section that has been inserted to clarify the provisions of article 1108 is Section IV titled à ¢Ã¢â€š ¬Ã…“of the causeà ¢Ã¢â€š ¬Ã‚  . Under Article 1131, it has been stated that a contract that does not have a cause, or has a false or unlawful cause shall be void and will have no effect. The cause will be deemed to be unlawful when it is either expressly proscribed by law, is contrary to good morals or when it is against the sustenance of public order. The Chapter III deals with the effects of obligation. Under this section, the article 1134 states that an agreement that has been formed legally in consonance with the provisions of the civil code has the force of law and cannot be revoked sans the mutual agreement of the parties that too in good faith. Articles 1142 through Article 1145 deal with the right of a creditor in cases of non-performance of a contract. Section IV of the Chapter III contains articles which lay down the principles for damages in cases of non-performance of contracts. This section has been titled à ¢Ã¢â€š ¬Ã…“of damages and interest resulting from the non-performance of an obli gationà ¢Ã¢â€š ¬Ã‚ . Article 1146 lays down that a debtor will be liable to pay damages when he has exceeded the time during which he had been contracted to give or do something. He will have to pay damages and interest if he cannot prove that the reasons for the non-performance and failure to execute his obligations under the agreement were alien to him and outside the purview of his control. The corollary of this principle is also applicable. If the reasons for the failure on part of the debtor were outside his area of influence or control, no grounds for payment of damages and applicable interest will arise. The amount that will be payable to the creditor will generally be equal to the imputed loss suffered by him or on the basis of the profit, the benefit of which he has been deprived of due to non-performance on part of the debtor. Again, it should be noted that according to contents of Article 1150, the debtor will be compelled to pay only those damages which had been or could be anticipated and foreseen at the time of entering into the contract. Remote damages are therefore, not covered under this section. In peculiar cases where the amount of damages that will be payable if the obligations are not carried out by any one of the parties has been already mentioned and agreed upon in the contract, the claimant party will be eligible to get neither any amount less than or any sum more than such agreed amount. The Section V is called à ¢Ã¢â€š ¬Ã…“of interpretation of agreementsà ¢Ã¢â€š ¬Ã‚  and lays down laws and rules regarding interpretation of ambiguous terms in a contract. This section starts at Article number 1156 which lays down that it is paramount to delve into the common intentions and objectives of the contracting parties to decipher the meaning of the terms of the contract rather than just applying a strict and literal interpretational tool. The ambiguous terms must be interpreted according to the usage and customs of the country in w hose territory, the contract is made.[14] The most important stipulation under this section is that when an ambiguous term has multiple interpretations, the clause(s) will be interpreted on the basis of the interpretation that is favourable to the party who has à ¢Ã¢â€š ¬Ã…“contracted the obligationà ¢Ã¢â€š ¬Ã‚  against the interpretation that is favourable to the party that has laid down the stipulations. The Section VI deals with the relations of contracting parties and terms of contract to third parties. The Chapter IV lists the various types of obligations that the French Civil Code recognises. Eg. Causal obligation, suspensive obligation and joint several obligations. The Chapter V has laid down the conditions under which the obligations will be deemed to have been completed or extinct. These are- By payment By novation Voluntary remission Compensation By intermixture By loss of the thing Nullity of recission By the effect of conditional dissolution; and By prescription. All the above mentioned conditions have then been extensively explained in the succeeding section of the Chapter. Similarities and Differences between the conception of contract in common law and in French civil law The French civil law has been adopted almost throughout the whole continental Europe, Latin America and in many other third world countries. Therefore, the concepts of contract laid down in the Code napoleon also find resonance in many parts of the world. Since, this code has such enormous influence on modern law, it becomes, but, elementary to try and find out the points of convergence and divergence between civil law and common law while trying to understand the Code Napoleon. Before trying to get into the complexities of law, it is essential to find the difference between these two concepts by looking at their most basic tenets. For this purpose, Professor Nichols has given a lucid definition to both of them. According to him, in French law, contract is an agreement between two parties, whereas in the common law, it is a promise in return for a legal consideration.[15] A very visible difference that comes to light almost instantly is the emphasis on the intention and auton omy of parties to conclude a contract in the French law and the opposite of this in common law. In common law, if the conduct of a person points to an intention to enter into a contract although no such intention in reality exists, it will be held that such an intention did exist. Mistake will not form a ground for escaping from contractual liability, provided that such mistake was not a direct consequence of the other partyà ¢Ã¢â€š ¬Ã¢â€ž ¢s actions.[16] Also it has been noted that the French system is averse to hold that a proposal to the public at large constitutes an offer, unlike the English courts.[17] In place of the English law concept of consideration, in the French law there exists the concept of requirement of cause and object to conclude a contract. The doctrine of cause has been extended to form the various categories of contracts like the contract of bienfeisance. The result is that this doctrine in instrumental in declaring purely gratuitous obligations valid unli ke consideration in English common law. [18] aclear advantage of civil law over common law is in its recognition of an option contract. Since no consideration is paid in option contract, it will not be binding in a common law setting but since agreement is present, the French courts will recognise it. In common law, the parties might try to avoid such a situation by paying a token amount. The common law courts recognise this shortcoming of common law and have tried to address it in recent times.[19] But, the French law lacks the generality that can be made applicable to a variety of cases. In common law, when a case comes for adjudication to a court, it provides an opportunity for testing old principles in light of their relevance and developing new guidelines. The common law therefore, can boast of a law of contract that is more practical and gives greater importance to reform.[20] Conclusions After the formation of the European Union and growing trade and commerce and cooperation between all the states in the world due to globalisation, there is a growing demand for the harmonization of different legal systems of the world. The French civil law and the English Common Law are the most important of them and a reading into the conceptions of contract held by them shows that while both of them try and solve the same problems from different perspectives with sometimes contradictory principles, they do hold similar views regarding dispute resolution. This can be amply seen from how the common law has tried to regulate option contract, a concept that has been enshrined and recognised in Napoleonà ¢Ã¢â€š ¬Ã¢â€ž ¢s code. Also, the French law is trying to keep pace with the changing scenarios and has been modified some times to face the challenges of its era. For instance, the original code had given parties liberty to fix any rate of interest, but later in 1807, a maximum rate of interest of 5% in civil and 6% in commercial contracts was laid down.[21] These restrictions were again lifted in 1886 when commercial contracts were excluded from the purview of maximum rate of interest. Again in 1918, the rate of interest limitation on non commercial loans was also lifted. [1] JUDGE BEVERLY D EVANS, The Code Napoleon, GEORGIA HISTORICAL QUATERLY Vol. 6, No. 1 (MARCH, 1922), pp. 28-34. [2] Ibid. [3] TOM HOLMBERG, The Civil Code: An Overview, available at (https://www.napoleon-series.org/research/government/code/c_code2.html) lastaccesed on 17th march,2014. [4] Supra, see note 1. [5] Supra, see note 3. [6] The importance and the significance of this legislation can be gauged solely from the fact that when Napoleon was asked about his achievements while he was in exile on the island of St. Helena, this is what he said My glory is not to have won forty battles, for Waterloos defeat will blot out the memory of as many victories. But nothing can blot out my Civil Code. That will live eternally. [7] THE FRENCH CIVIL CODE: LITERALLY TRANSLATED FROM THE ORIGINAL AND OFFICIAL EDITION, PUBLISHED AT PARIS IN 1804 BY A BARRISTER OF THE INNER TEMPLE, William Benning, Law Bookseller, 1827. (available at https://files.libertyfund.org/files/235 3/CivilCode_1566_Bk.pdf) last accessed on 19th March, 2014. [8] ibid [9] Supra, see note 7, Article 1108, page 304. [10] Prof. Catherine Valcke, CONVERGENCE AND DIVERGENCE BETWEEN THE ENGLISH, FRENCH, AND GERMAN CONCEPTIONS OF CONTRACT, European Review of Private Law, vol. 16, No. 1 (2008), pp. 29-62. [11] Ibid. [12] Article- 1124, Code Napoleon. [13] Article-1130, Code Napoleon. [14] Article-1159, Code Napoleon (1804) [15] NICHOLAS, The French Law of Contract 138, Butterwoths, 1932 [16] CATHERINE VALCKE, Convergence and Divergence Between English, French and German Conceptions Of Contract, European Review of Private Law, vol. 16, No. 1 (2008), pp. 29-62. [17] ANNE DE MOOR, Contract and Agreement in English and French Law, 6 Oxford J. Legal Stud. 275 1986 [18] Ibid [19] ARTHUR VON MEHREN, The French Civil Code and Contract: A Comparative Analysis of Formation and Form, LOUISIANA LAW REVIEW, 15 (1955) available at (https://digitalcommons.law.lsu.ed u/cgi/viewcontent.cgi?article=2269context=lalrev) last accesed on 18th march, 2014. [20] Ibid. [21] MAURICE AMOS, The Code NapolÃÆ' ©on and the Modern World, Journal of Comparative Legislation and International Law, Third Series, Vol. 10, No. 4(1928), pp. 222-236

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The Roles of Marketers

Question: Describe about the role of Marketers? Answer: Introduction There was a time when marketing was considered as a secondary function in the organization. With time, organizations have evolved and competition has increased. In this era of globalization and high competition, marketing is considered as important organizational function. One of the roles of marketers is to create high brand equity for the brand. Brand equity is defined as the value premium that a company realizes from a product with a recognizable name as compared to its generic equivalent (Parker, 2014). For example, brand equity is that value for which consumers are willing the I Phone or I Pod rather than buying a local brand or Brand Equity is the value for which consumers are willing to buy a Coca-Cola rather than buying a local soda. Today, organizations have realized that brand equity can help them to influence the decision of consumers. Marketers have realized the concept of relationship marketing and marketers have realized that relationship marketing can help to increase the brand equity. It would not be incorrect to say that brand equity of a product or brand would have an impact on consumer decision process (Valenzuela, 2013). It is expected that consumer would be willing to pay a premium price if the brand equity of product is high. Today, marketers have realized that consumers do not only buy a product but they also buy a brand. It can be said that brand equity is the promise that brands offers to customers. The objective of this research paper is to study the way brand equity can impact the consumers decision to buy a particular product. The paper would also discuss the extent to which brand equity can influence the buying decision. The main research question of this research work cane be highlighted as: To What Extent does a company's brand Equity impact consumers decision to buy a particular product? Literature review and Research Questions Lehmann Neslin (2012) argued that there has been a fundamental difference in the way consumers used to make the purchase decision. There was a time when consumers used to analyze the quality of product itself and they paid little attention to brand. That was the time when corporations had limited reach and the product concept of marketing was prevalent. With time, the concept of branding and brand equity has been established (Sachse, 2011). Nowadays life in a society is decided by What people have not by what people are. Therefore, this leads to situation where everyone wants to have a prestige in the society by maintaining the standard of living, which makes him or her different from the rest of the people. This prestige could be obtained with branded products. In todays society, the brands not only represent the symbol of company but the standard of living also (Schmitt, 2009). Which product a person uses in his day-to-day life reflects his taste, his status in the society, his ec onomic background and many other things. Therefore, it makes a close relationship between the company and its brand with the consumer. Therefore, people would buy the products from a reputed brand. Guizani Merunka (2011) argued that the competition has increased in the current world. There was a time when competition was limited and organizations were able to reach out to customers through their products. However, today the fact is that there exists very little difference between the same products of different companies. For example, the carbonated drink of Pepsi and Coca-Cola. In fact, people would find it difficult to identify the product when they are blindfolded (Lin, 2008). Therefore, it can be said that people do not just buy the product but they buy the brand and they want to get associated with the brand. People do not just like the cola in Pepsi or Coca-Cola but they like the brand. Therefore, it can be said that the purchase decision of consumers depends on the brand equity. This decision is influenced more when there exist minimal differences in the product (Trib, 2011). This decision could be impacted less if the products are different and consumers are able to dif ferentiate the products based on certain tangible and intangible attributes. Huang Sarigollu (2012) mentioned that for a single commodity, multiple brands are available in the market, so it gives a mental and physical activity to a consumer which product to use. For this consumer has to be active, should have an enormous amount of information with regards to product and services available. Customer has to follow the sequence of step in decision process to purchase a particular product. They start realizing the requirement of product, get information, identify and evaluate alternate products and finally decide to purchase the product from a specific brand. There are number of clues present in the environment that guide public in selection (Schroeder, 2009). One of them is brand. Here comes the importance of brand. In each of the step of consumer buying process, the brand equity could have an influence. For example, when users are evaluating the options, he or she may reject or accept some options because of brand reputation or brand value. It is important for marketers to analyze the consumer purchase process for their product and then align the branding strategy based on the consumer purchase process (Allen, 2014). It would give an idea to marketers about the phase where products should be marketed to customers. Nam Whyatt (2011) highlighted that Brand is a combination of name, symbol and design. Brand represents the customers perception of opinion about the performance of the product. The powerful brand is one, which resides in the mind of consumer and they become loyal to the brand. Brand is nothing but a promise and consumers may want to take a promise that could be fulfilled by companies. Therefore, brand value of the company can have an impact on the consumer purchase decision. In fact, some of the brands have good products but they are not able to sustain the market because they do not have any brand equity. Buil Chernatony (2013) argued that it is easy to develop or manufacture the product and start a company. However, it is difficult to create a brand. It can be said that brands are not created in a day or two. It can take months and years to create a brand. There are various factors and attributes of brands that can attract customers (Yaprak, 2008). These attributes would include both tangible and intangible things. It would include the product itself, the pricing, promotion etc. It would include the marketing mix of product and it would also include the packaging of product. As the branded products have attractive packaging, so it appeals to consumers. It has a logo, which can be easily identified by the customers. As the life of the people is too busy, they need shortcuts, which is provided by brand identity in selection of products (Tellis, 2013). Many researchers agree that the choice of brand name can alter the consumer judgement about the product and their purchase decision-mak ing process. With competition getting fiercer and product quality becoming more homogeneous, a better brand name can be decisive in product choice if the consumer compare several products (Tellis, 2008). However, many companies are able to have better products and yet are unable to compete in the market due to poor branding activities. Thus, strong brands have the potential to generate long term and loyal customers, which would eventually lead to an increase in sales in the future. One Instance in support of this can be highlighted as: In October 2012, report from Forbes magazine, Apple was ranked as the top global brand with a value of $87.1 billion. This is how brand affects the buying decision of consumers. Research Methodology Typically, any research could be primary research or secondary research. This research would use a mix method of research. It means that this research work would use both primary and secondary research. The research methodology or research design would be to start with the primary research and the continue the secondary research. The research methodology for this research work would be divided into 7 phases. These phases can be discussed as: Phase 1: Research Topic identification This would be the first phase of the research project. This would be the phase where research topic would be identified. The identified research topic is Brand equity and consumer purchase decision. It can be said that this is one of the most important phase of entire research work as it is very important to identify the research topic (Hoicka, 2014). Phase 2: Background Study This would be the phase where the background study would be done on research topic. The background study would help to formulate the specific research questions. The background study would be done in the form of literature review of existing literature (Bryman, 2012). The background study would also be done on the previous research work of similar nature. Phase 3: Identification of research questions This would be the phase in which the research questions would be designed based on which entire research would be done. There are two crisp research questions identified for this research work (Saunders, 2011). It is recommended to have definite and specific research questions for any research work. Phase 4: Primary research This would be the phase in which inputs from respondents would be collected. It would be the phase in which survey would be designed and questionnaire would be mailed to sample of 200 people. The sample of 200 people would include both customers and executives. At least 40% of the sample (80) would be female candidates. Out of 200, 150 would be consumers and 50 would be from management layer of corporations. The 200 people would belong to age group of 18 years to 60 years with at least 20% of the sample with more than 50 years and at least 20% of the population with less than 30 years. This distribution would ensure a fair and equal participation from different age group. The survey would be targeted to only urban population. The survey would consist of only close-ended question. It would ensure that respondents do not find any difficulty to answer the questions. It has been observed that people would find it easy to fill the short survey. A sample of questions that would be part of this survey would be: Question 1: On a scale of 5 (1 with least and 5 being highest), how strong would you rate your behavior to buy a product due to its brand name? Question 2: On a scale of 5 (1 with least and 5 being highest), would you try a new product just because it is from reputed and establish brand? Question 3: Would you be willing to buy a low price local product or a slightly high price branded product? The primary research would be mainly quantitative in nature but it would also have some element of qualitative research. The qualitative research would be done in terms of focus group interview and group discussion. A focus group of experts would be created that would discuss the issue of brand equity and consumer behavior. It is expected that a good amount of information would be collected from focus group interviews (Babin, 2012). These interviews would be held with marketing executives of companies. The group discussion would be done with employees of organization, management and consumers. Phase 5: Secondary Research This would be the phase in which information would be collected from previous research in this area. This would be mainly qualitative in nature. The online sources would act as great source of information. The Internet is full of resources over brand equity and consumer purchase. The journals and articles would be used to collect data and information about brand equity and consumer purchase decision. It would be important to mention that not all the sources on Internet could be trusted. Therefore, only peer-reviewed journals would be used to collect the information from Internet as part of secondary research (Emma, 2007). Phase 6: Data Collection This is the phase where the collected data would be collected. The data would be collected as part of both primary research and secondary research. The surveys websites would be used to create survey and survey would be mailed to respondents. The next part would be data analysis part. Phase 7: Conclusion and Report generation This is the phase where inferences and conclusion would be made. In this phase a report would be generated to summarize the work of research. The report would be developed in a clear and simple writing that would summarize the results through graphs and charts. Analysis of Data Probably, one of the most important phases of entire research work is data analysis phase. The data would be collected as part of both primary research and secondary research. The statistical tools would be used to analyze the data. The tools like Microsoft Excel and SPSS would be used to analyze the data and make inferences. One of the important activities in data analysis phase would be to fill the missing values and filter or clean the data. It is also important that research data should be free of any form of bias. It is difficult for research to control the biasness of respondents. The data for focus group study and group discussion would also be analyzed (Bryman, 2011). This data would be in form of qualitative information. That would be collected as part of qualitative study. There would be predefined templates and charts that would help to analyze the data of group discussion and focus group interviews. These templates would be used to record the data. Once the data is record ed and captured, statistical tools would be used to analyze the data. Once the data is analyzed, researcher would be able to conclude the research. The data of secondary research would also be analyzed in a similar manner. It can be said that the data collected from secondary research does not have much of the bias as compared to data collected from primary research. Ethical considerations Any research work would include number of ethical considerations. The most important ethical consideration is that researcher should not use the information collected from respondents for any work, other than this research work. The data and information collected from people should not be shared without their consent (Shin, 2010). It is also important that researcher should avoid using the names and identity of the people involved in the research work. The researcher may face certain ethical dilemmas while using the result of research. It is important that researcher should not be judgmental in his approach. The ethical issues could be best avoided if researcher is able to work in an unbiased way. In any of the circumstances the confidential information of respondents should not be made public. It is important that researcher should create a balance between personal objectives and professional objectives. The ethical considerations could also be avoided if researcher could use a defi ned set of standards and procedures for the research work. The respondents should be made aware of these standards at the beginning of the research work. References Alan, B., Emma, B. (2007). Business research methods.Cooper. R. Donald Emory. C. William (1995).Business Research methods. Buil, I., de Chernatony, L., Martnez, E. (2013). Examining the role of advertising and sales promotions in brand equity creation.Journal of Business Research,66(1), 115-122. Bryman, A., Bell, E. (2011).Business research methods 3e. Oxford university press. Nah, S., Saxton, G. D. (2012). Modeling the adoption and use of social media by nonprofit organizations.New Media Society, 1461444812452411. Huang, R., Sarigll, E. (2012). How brand awareness relates to market outcome, brand equity, and the marketing mix.Journal of Business Research,65(1), 92-99. Kim, A. J., Ko, E. (2012). Do social media marketing activities enhance customer equity? An empirical study of luxury fashion brand.Journal of Business Research,65(10), 1480-1486. Nam, J., Ekinci, Y., Whyatt, G. 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Unpacking the Use of Social Media for Protest Behavior The Roles of Information, Opinion Expression, and Activism.American Behavioral Scientist,57(7), 920-942. Valette-Florence, P., Guizani, H., Merunka, D. (2011). The impact of brand personality and sales promotions on brand equity.Journal of Business Research,64(1), 24-28. Bambauer-Sachse, S., Mangold, S. (2011). Brand equity dilution through negative online word-of-mouth communication.Journal of Retailing and Consumer Services,18(1), 38- 45. Brakus, J. J., Schmitt, B. H., Zarantonello, L. (2009). Brand experience: what is it? How is it measured? Does it affect loyalty?.Journal of marketing,73(3), 52-68. Nagalingam, S. V., Lin, G. C. (2008). CIMstill the solution for manufacturing industry.Robotics and Computer-Integrated Manufacturing,24(3), 332-344. Torres, A., Trib, J. A. (2011). Customer satisfaction and brand equity.Journal of Business Research,64(10), 1089-1096. Schroeder, J. E. (2009). The cultural codes of branding.Marketing Theory,9(1), 123-126. Allen, F. (2014).Secret formula: How brilliant marketing and relentless salesmanship made Coca-Cola the best-known product in the world(p. 33). HarperBusiness. Golder, P. N., Tellis, G. J. (2013). Pioneer advantage: marketing logic or marketing legend?.Journal of marketing Research, 158-170 Johnson, J., Tellis, G. J. (2008). Drivers of success for market entry into China and India.Journal of Marketing,72(3), 1-13. Yaprak, A. (2008). Culture study in international marketing: a critical review and suggestions for future research.International Marketing Review,25(2), 215-229. Yu, T., Wu, N. (2009). A review of study on the competing values framework.International journal of business and management,4(7), p37. Bijvoet-van den Berg, S., Hoicka, E. (2014). Individual differences and age-related changes in divergent thinking in toddlers and preschoolers. Developmental Psychology, 50(6), 1629- 1639. doi:10.1037/a0036131 Bryman, A. 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Effective Business Communication Analysis

Question: Discuss about the Effective Business Communication Analysis. Answer: Introduction: The particular assignment has highlighted the key issues faced by the telecom engineers. Over the past few years, the telecom industry has been experiencing the enormous growth due to the enhanced demand in the domestic and global market (Quintanilla-Dominguez et al., 2013). Hence, the telecommunication engineers always need to focus on producing innovative communicating devices. For conducting the project, the telecommunicating engineer has to face several intricacies (Botsali et al., 2012). In this assignment, as a telecommunicating engineer, I would discuss the important issues at the profession. Besides this, the assignment has also included the recommendations for resolving the issues in an efficient manner. Explanation of problems: In the recent years, most of the telecommunication organizations have been facing intricacies in enhancing the business opportunities in the large demographic market b as well as in the international market. Most of the business analysts have agreed with the fact that the telecom operators have been facing increasing challenges in the modernized digital era (Shan, 2013). Over the past few years, the advancement of technology has reduced the efficiency of the telecommunication. However, the growth of the telecom industry remains unchanged due to the increasing demand across the global platform. In this context, I would highlight the issues, which I face in the professional life. I am a telecommunication engineer, and I have two years of experiences in this particular industry. Firstly, I would like to highlight some of my job responsibilities including team management. Apart from the team management, I need to coordinate with customers and staffs for upholding the good network of GSM. Hence, I can assess that I need to maintain my roles and responsibilities in an efficient manner in order to obtain the good business from the market. When it comes to identifying the issues at my professional sphere, I would like to highlight that the managing customers base is a very important task to me. I had worked two years in the telecommunication sector where I had to maintain the good relationship with the customers by simply understanding the customers concerns in an appropriate manner. In the recent years, the telecom industry has been facing several intricacies due to network fluctuation (Al-Debei, Al-Lozi Fitzgerald, 2013). Hence, it becomes my responsibilities to make the customer understand the concerns. On the other hand, there is high competition in the telecom industry, as the number of companies has been increasing over the past few years. Besides the customer related issues, I have faced in executing the effective communication related issues. I have faced intricacies in conducting the group meeting due to the lack of effective communication. Sometimes, I have faced challenges in conducting the official email, hierarchical problem at the office. Every organization follows a particular hierarchy structure in order to execute the business in an efficient manner. Hence, I have to follow the hierarchy structure of the organization before conducting the group meeting. In some cases, I have to resolve the conflicts among the employees due to a particular decision. Wohlin et al. (2012) have discussed that the effective communication is the integral part in the telecommunication industry, as it facilitates the managers in understanding the intricacies lying in the employees decision. Sometimes, the group member creates conflicts due to taking a particular decision in the business. Consequently, it leads to the lack of tem bonding. Without working together, I would not be able to enhance the business opportunities in an efficient manner. By discussing the responsibilities of the telecom engineer, I can identify that I may have to visit the sites during the needs for solving the problems regarding communicating devices. Besides this, the telecom engineers have to the design and create devices for the telecommunication systems. Moreover, I need to cooperate with the team members. Hence, it is quite difficult for managing both team members and other responsibilities in an effectual manner. Sometimes, lack of time does not allow me to visit many sites altogether. Hence, time management is a big challenge for me. Without managing time, I would not be able to visit my sites properly, which would create the intricacies in maintaining the responsibilities in an appropriate manner. Besides this, when I have to fix the issues of the communicating devices, I face difficulties in understanding some critical issues. Hence, it creates challenges for executing my tasks in a systematic manner. Moreover, as a telecom engineer, I have to inspect the service telecommunication devices minutely in the frequent interval of time. In the recent days, most of the telecommunication organizations have been facing challenging situation due to the devices related issues (Kolawole, 2013). For resolving such device related issues, I have to check the devices on the regular process. Hence, it becomes challenging to me to handle all device related queries in a detailed manner. On the other hand, the customers engagement is one of the main priorities of the organization. Without providing quick resolution, I would not be able to satisfy the customers in the business for the timeline. Consequently, it would result in disengagement of customers, which is a risky situation for any business. The team management is one of the integral parts to the telecom engineers. For managing team, I have to face several issues. In a team, every employee has an individual point of view. Hence, it becomes difficult situation for me to understand all queries of the team members and solve them within the short timeline. Consequently, it creates the poor communication among the employees. Poor communication in the team creates a challenging situation for me to understand their ideas and suggestions for a particular task. On the other hand, the lack of skills and knowledge on the particular subject would create intricacies in solving some tasks (Olsen, 2012). However, I always try to reduce conflicts among the employees for enhancing the workflow in an effectual manner. I carry out most of the work on a project basis with a tight deadline. Within the short timeline, I have to execute the project with conducting the in-depth analysis. It not only creates challenges for the telecom engineer but also increase the chance of submitting the erroneous project. Telecommunication engineer needs to solve the problems according to the situations in order to provide the appropriate solutions with the telecommunication knowledge such as ISDN (Integrated services digital network) communication standards, SONET (Synchronous Optical Networking) and ATM (asynchronous transfer mode) (Gay Benesty, 2012). Hence, the lack of knowledge might create challenges in providing the right solutions to the customers. In most of the cases, I face challenges in designing and creating the devices for the telecommunication system. Due to the continuous improvement in the world of technology, I need to focus on keep innovating features of the products or devices, which I design for the telecommunication system. Sometimes, the lack of financial resource has created difficulties to produce effective communicating devices. Before producing the devices, I need to make presentations about that particular project. Hence, it becomes hard-hitting circumstances for me to make my senior management concur for starting my project in the future. In the competitive market, the organization needs to develop the enhanced communicating devices for engaging the customers in the business (Xia, 2012). Without inventing such pioneering product or services, the organization would not be able to capture the large marketplace in an effectual manner. Sometimes, my limited knowledge of the telecommunication engineering has created challenges to improve or produce innovative products within the short timeline. Hence, it can be assessed that the expansion of knowledge on the particular subject would be able to enhance my skills towards producing the innovative products frequently. Solutions to the problem: For resolving the issues identified in the assignment, I need to follow different strategies. In the recent years, most of the telecommunication organizations have been facing challenges due to the enhanced competition in the domestic and international market. For achieving the goals and objectives of the business, the organization needs to focus on providing the flawless services to the customers. Moreover, the customers complaints need to be analyzed in a detailed manner for enhancing the brand reputation in the domestic market and the global market. As a telecommunication engineer, I have to focus on the customers queries regarding communicating devices. Biddle et al. (2012) have identified that the telecom engineers have to listen carefully to the customers concerns for handling the customers complaint in an efficient manner. On the other hand, the queries need to be conducted in a detailed manner so that the exact issues of the devices can be understood. Without understanding th e issues of the devices, the telecom engineer would not be able to provide the effective solutions to the customers, which might result in disengagement of the customers from the business. Laghari Connelly, (2012) has identified that the problem solving ability of the engineer facilitates the organization in engaging the customers in the business. Without having the quick problem solving ability, the engineer would not be able to satisfy the customers. Hence, it can be assessed that the customer management ability and problem solving aptitude are needed in order to enhance my personal career as well as the business opportunities. I have discussed earlier that I have faced intricacies in managing the team members in an appropriate manner. By discussing the previous literature review, it can be assessed that the telecom engineer needs to follow a particular process for managing team members. For instances, the engineer needs to review all the personnel involved with the team. Without identifying the strength and weakness of the team members, the leader would not be able to understand their potentiality to execute a particular task. On the other hand, Viswanathan Bhatnagar (2015) have identified that the telecom engineer needs to focus on emphasizing the goals and objectives of the project in an efficient manner. Without providing adequate knowledge to the team members about the objectives of the project, the members would not be able to deliver high performance in the business. Besides this, Wohlin et al. (2012) have identified that the task is assigning process must be followed by a particular method. After a nalyzing the strength and weakness of each team member, the telecom engineer needs to provide the project to the particular employee who has adequate knowledge on the meticulous subject. In most of the cases, the higher management in the telecom organizations often avoids in taking feedbacks and suggestion from the existing and new team members. Consequently, it creates intricacies in enhancing the production process in the business. Hence, telecommunication engineer needs to involve himself in the process of accumulating the feedbacks from the team members so that the allocated project can be accomplished within the given timeline. Time management issue is one of the important challenges to the telecommunicating engineers. In most of the cases, the telecommunicating engineers face challenges in accomplishing the project within the given deadline. For conducting a project, the engineers need to go through several stages including project planning, defining the project and its purposes, presenting the project to the higher authority and establishing the timeline for accomplishing the project within the deadline (Lu et al., 2014). Hence, it can be assessed that the particular process needs adequate time for the accomplishment. However, in most of the cases, the telecommunication engineer does not obtain the proper timeline for accomplishing the project in an effectual manner. Hence, the engineer needs to pursue some strategies in order to accomplish the project within the deadline. The project must be started at the right time. Besides this, the project executor needs to have a plan for the unexpected issues. With out planning for unexpected challenges, the telecommunication engineer might not be able to face the sudden intricacies in the project. Consequently, it may increase the time for the project. Finally, the telecommunicating engineer must be focused on communicating with the clients for understanding the goals and objectives of the project. According to Privat (2012), the responsibility of the telecommunicating engineer is to design and create devices for the telecommunicating systems. For designing the enhanced telecommunicating systems, the engineer must acquire the adequate knowledge on the particular subject. For example, the telecommunicating engineer needs to have adequate knowledge of the software that deals with the telecommunicating systems. Hence, the telecom engineer needs to enhance individual knowledge on the particular software through the different learning sessions. Besides this, the telecommunication engineer should have the adequate knowledge in C-language programming (Privat, 2012). Moreover, other basic electrical and electronic knowledge needs to be acquired by the engineer for solving the issues in an efficient manner. Hence, it can be assessed that the particular job role is dependent on the in-depth knowledge on the subject. With the involvement of the enhanced learning sessions and other practic al works, the telecom engineer would be able to improve their individual learning. Consequently, it would facilitate the telecommunication engineer to enhance the workability in an effectual manner. Conclusion: It can be concluded that the particular assignment has highlighted the issues faced by the telecommunicating engineers. Different issues on the of telecom engineer including time management, device creation, team management, device designing have been highlighted. On the other hand, the particular assignment has also identified the recommendations for resolving the particularly discussed issues in an appropriate manner. Hence, I think that the particular assignment would facilitate me in enhancing my working skills in the future. References: Al-Debei, M. M., Al-Lozi, E., Fitzgerald, G. (2013). Engineering innovative mobile data services: Developing a model for value network analysis and design.Business Process Management Journal,19(2), 336-363. Biddle, B., Curci, F. X., Haslach, T. F., Marchant, G. E., Askland, A., Gaudet, L. (2012). 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Reprint of: Competition and regulation in China's 3G/4G mobile communications industryInstitutions, governance, and telecom SOEs.Telecommunications Policy,36(10), 798-816.