Floodgates of litigation Essay Example | Topics and Well Written Essays - 1750 words

Floodgates of litigation - Essay Example Thus, there is some eminent fear that giving certain ruling in some cases has the likelihood of opening floodgates of litigation, which may overwhelm the courts and thus affects their efficiency, owing to the fact that there are still many cases and issues pending in courts, which have not been resolved yet1. However, this issue is controversial, since there is a feeling that; considering the aspect of opening floodgates of litigation while making legal determinations is unjustifiable. This is because, such a consideration is not part of the interpretation of the law, which is the prime function of the courts that separates them from the other arms of the government, so that they can act independently in interpreting the law2. Therefore, this discussion seeks to investigate why courts are concerned about floodgates of litigation, with a view to assessing where within the tort of Negligence, an evidence of this concern can be identified. The advocates of the concept of the floodgates of litigation argues that if a court takes certain course of action, it is likely to lead to a dramatic increase in legal litigations, which may affect the courts ability to discharge its duties. This is because; the court may not even be able to address other cases effectively due to the unmanageable number of litigations3. On the other hand, the critics of the concept of floodgates of litigation observes that making such a consideration while giving a legal determination is against the mandate of the courts, since there is no evident principle that provides for the courts to consider workload as a factor, while making a legal determination2. ... There are certain clauses of the law that seem to be so much ambiguous, so that their truthful interpretation becomes impossible4. Such clauses are vivid in their definition of terms, or provision of remedies, that the judges cannot apply them with certainty while determining cases. In the cases of such confusing rules, there are chances that giving a certain interpretation of such clauses would pave a way for further parallel interpretations, which would see many cases introduced to the courts, based on the same or the parallel interpretations made5. In this respect, it becomes necessary to invoke the concept of floodgates of litigation by the judges, so that they can prevent the occurrence of parallel interpretations and the consequent dramatic increase in the number of cases filed with the courts, based on such interpretations. It is upon this observation that a judge can look into the effect of giving a certain legal determination, and thus decide to forfeit it, based on the fact that it may lead to the introduction of an overwhelming number of cases to the courts. The second circumstance, under which the courts may be compelled to invoke the concept of floodgates of litigation, is under situation s where the provisions of the law are overly broad6. There are certain clauses of the law that can be interpreted so widely, that the interpretation will encompass some elements that contrasts previous interpretations, or gives new interpretations of the law that had not been applied previously. In case of an overly broad clause which leads to a contrasted interpretation with preceding legal interpretations, chances are high that the parties involved in such

Submit a marketing report for BURBERRY. For a colleague who has just Essay

Submit a marketing report for BURBERRY. For a colleague who has just been promoted into the position of Marketing Manager within - Essay Example It was established by Tomas Burberry in 1856 as a luxury fashion house. Burberry is in the business of manufacturing clothing, fashion accessories and fragrances. Burberry has turned into an iconic brand by continuously reinventing itself as an exclusive luxury garments line. Burberry has four sub brands under the name- Burberry Brit, Burberry, London, Burberry Prorsum and Burberry Sport. It also has two regional brands namely Burberry Blue label and Burberry Black Label. Burberry is established as a high end, gentlemanly and classic fashion house. Performance The category of women’s wear accounts for 28.6% of the total revenue of the brand followed by the accessories. The introduction of digital marketing increased the sales of the company by 24% across the globe. 64% of the total revenue is generated from its Retail segment which includes more than 174 stores across the world. 29% of the revenue is generated from the wholesale channel and 7% revenue is generated from licensi ng. General Definition of Marketing Marketing is defined as the management process used to identify, anticipate and satisfy the requirements of the customers thereby generating revenues for the business (Brannon, 1998, p.14). Marketing involves all the aspects of pricing, selling, advertising and brand building. Marketing Burberry markets its product range to the target market through three channels: Retail, wholesale and licensing. Burberry sources and markets its apparel and accessories worldwide with huge markets in America, Spain and Asia pacific which brings around 90% of the revenue. The customers are the young millennial group of people who are loyal towards the British luxury brand. Marketing Environment The PEST Analysis of Burberry is done to analyze the macro environmental factors influencing the business. Political: Burberry should pay critical attention to the taxation policies and trade regulations when marketing their product lines outside Europe. The company sources its materials from Europe and thus is not affected by the Yuan-Dollar pegging. Economic: Burberry needs to closely monitor the inflation rates because changes in inflation rate directly impacts on the buying capacity. Social: To invest in the low penetrated markets, Burberry needs to explore the cultural factors in the potential markets (Doyle, 2006, p.15). The brand is established as highly British authentic brand suitable for the European culture. Technological: Burberry has to adopt the new innovative technologies dominating the market like social media marketing and electronic commerce. Burberry was the first luxury fashion house to launch a 3D fashion show. Environmental: Burberry has taken care of proper disposal of manufacturing waste in keeping with the environmental protection laws. The company also uses the recycling technology to benefit the environment. Legal: Burberry tries to be compliant with the legal laws though it faces a continuous problem of counterfeit products which infringes its trademarks. Techniques A SWOT analysis of the company is done to evaluate the internal and external factors affecting the business and its marketing strategies (Kotler, 2008, p.46). Strengths: The strengths of the brand include Strong celebrity endorsements to enhance the brand value. High desirability caused by high price points. A very strong brand reputation. The unique check pattern which is distinctly