Aquarius Case Analysis Essay Example for Free

Aquarius Case Analysis Essay 1) Analyze Aquarius in terms of the five contextual variables: * Goals: Aquarius has realized a huge problem in regards to the rapid turnover of their major accounts. An agency reorganization would be a realistic goal in changing their competitive techniques. This reorganization might be able to set them apart from the other agencies by reducing their response time and increasing the communication between the different departments to boost efficiency. * Culture: In my opinion I believe that Aquarius has a very low and undefined organizational culture. It seems like the employees are all looking out for themselves and trying to get ahead of everyone else. These values although unwritten provide the glue to having everyone on the same page and are absolutely essential in providing clients with top of the line work. * Size: Since Aquarius is a mid-sized firm with various specialists on the professional staff of the operations and marketing divisions I would say they have anywhere from 1000-1500 employees. With this many employees it is critical to have effective communication between the different departments. This would in turn increase flexibility in this unpredictable environment. * Environment: Changes in the environment is the main reason why the agency is considering the need for reorganization. It is typical for advertising agencies to gain/lose clients quickly, this is why is it so essential to have everyone in the organization effectively communicating with each other in order to satisfy their clients and reduce turnover. * Technology: Aquarius has a number of different specialists on their team that work together in assisting their clients, but there is always room for improvement in regards to better communication. It would seem to me that Aquarius would have a number of different programs and internet sites to assist them achieving their services. 2) A new organizational structure that takes into consideration the contextual variables in the case and the information flows is the divisional structure. This structure is suited to fast change in an unstable environment and provides high product or service visibility. A major problem that occurs in Aquarius is that each client account is coordinated by an account executive who acts as a liaison between the client and various specialists. Unfortunately this isn’t followed because sometimes the account executives don’t even know what is going on until a week later. The divisional structure leads to customer satisfaction because product responsibility and contact points are clear. This in turn involves high coordination across functions which will make everyone check with the executive first to get approval before contacting the client. Coordination across functions will allow their services to adapt to the requirements of the individual clients and perform beyond their expectations. This structure would allow Aquarius to achieve their goals while increasing their organizational culture as a whole and being able to adapt more quickly to this unstable environment. 3) Would a matrix structure be feasible for Aquarius? I my opinion I believe that a balanced matrix structure would be hard to implement and maintain. This is due to the fact that account executives as one side of the authority structure would often dominate over the specialists. In order for the account executive to do their job correctly they need everyone on their side and in coordination to run important information by them first. Perhaps a better alternative would be a product matrix where the executives have primary authority and the specialists assign technical personal to the projects and provide advisory expertise as needed. With dual authority I feel that it would be frustrating and confusing for everyone, there needs to be a clear contact points. There would always be a need for frequent meetings to resolve any conflicts between the different authorities, it would simply just require to great of an effort to maintain the power balance.

Huck Finn :: essays papers

Huck Finn The Adventures of Huckleberry Finn is a well acclaimed book, written by Mark Twain. It was written from 1876-1883, but the story itself is supposed to have taken place some forty to fifty years earlier, back in the era of slavery. The setting for this book is very similar to the place where Twain grew up. He was raised in Hannibal, Missouri, but changed the name to St. Petersburg for the story. This town was situated right along the Mississippi river which plays a very significant role in the tale. Each character in the novel exhibits a certain personality. Personalities of which Twain encountered while being a river boat pilot for four years. The narrator is actually Huck Finn himself. Chapter one introduces Huck Finn and the reader gets to know what he is like. At fist glance he may appear to be only an out of control teenager, but there he is in fact a very dynamic character, just wait until things begin to unfold. Huck yearns to be free from all authority. His guardian, Widow Douglas, is constantly nagging him to be â€Å"sivilized,† but this seems to go one ear and out the other. He enjoys smoking, cursing, hunting and fishing. But she would rather that he learn to be polite and go to school. The reader also sees in this chapter that Huck is superstitious. This occurs when he accidentally kills a spider, which supposedly brings bad luck. The chapter ends when he hears something in the tree outside his bedroom.... Chapter two introduces Huck’s best friend, Tom Sawyer. They both sneak out together, almost getting caught by Jim, the Widower’s slave. But they weasel their way out of it by pulling a trick on him. Which provides Jim with another bizarre story to tell, he always stretches the truth. Both Tom Sawyer and Huck share the same love for adventure and have great imaginations. For instance, they begin to create a plan to start a band of robbers. Tom pulls his knowledge of robbers from books he has read, so the plan ends up quite extreme. He wants all of the robbers to actually kill the people they rob, just because he read it in a book. Huck is definitely more realistic than his friend and backs out of it. During chapter three we find that Huck has been learning how to read and write. And he also begins to see signs of his Pap’s return. His pap is the town drunk, who just wanders around looking

Giant Foods Case Analysis

This case involves convergent technologies, a blending of traditional and cutting-edge business models and an alliance between an established pharmaceutical provider and a fledgling, Information Technology based, Drug marketing firm. Together, these two companies endeavored to create a patient education and prescription drug compliance program by deploying the deep well of customer data acquired by Giant Foods and the proprietary software of Elensys Care services, Inc. Elensys uses information from Giants pharmacy to send personalized letters, written on pharmacy letterhead but often paid for by pharmaceutical companies, that remind customers to refill prescriptions and pitch new products to customers with particular ailments. Giant first tested the feasibility of running a drug compliance program in-house but quickly determined that its’ Information System requirements were too overwhelming and decided to outsource the program to Elensys. However, the backlash to this new initiative was negative and strong as dozens of angry customers called officials at Giant to complain. Privacy specialists said the practice raised new questions about patient confidentiality and also blurs the line between medicine and marketing. â€Å"People assume that their medical information, including prescription information, is held in the strictest confidence,† said Beth Givens, director of the Privacy Rights Clearinghouse, a nonprofit consumer group in San Diego. â€Å"When that information is shared with a third party, they're surprised and outraged. This case exemplifies the privacy issues surrounding Giant Food's decision to outsource a prescription drug compliance program to Elensys. Ignoring for a moment the underlying profit motive of this program, approximately half of all patients stop taking their medication within the first six months of being prescribed, compliance programs remind patients to refill their prescriptions and help address a major public health issue. However, these programs also raise privacy issues because they involve the use of sensitive personal information. This case provides business and law students, firms and legislators with an opportunity to assess the privacy issues raised by this situation. The case also provides an opportunity for firms to deal with the challenges of developing a privacy sensitive implementation strategy and CRM programs in general. Background: Giant Foods, Inc. Beginning in February of 1936, Giant Foods was brought to life by N. M. Cohen and Samuel Lehrman. Using the business model of offering a large, self-service grocery store with revenue based on high volume and low prices, the store was an instant success. An innovator from the very start, Giant Foods was the first to install front-end scanners in all its stores, market a private label house brand and the first to hire a consumer advocate to promote its products. Much of the success that Giant has earned is due to technology, innovation and well planned vertical integration. Giant presently operates its own bakery, dairy and soft drink firm. Giant also builds its own stores, produces its commercials and advertising in-house and even makes its own signs. This vertical integration strategy has been highly successful in the food-pharmacy combination with which Giant helped to pioneer. The fact that each Giant pharmacy fills over 1,000 prescriptions per week suggests that this is a profitable tactic and highly regarded by its customers. Elensys: Elensys began its business life in 1993, in Burlington Massachusetts. Its business model was one of an IT enabled information system built as a â€Å"prescription compliance† program between consumers and Pharmacists. Elensys, whose name comes from an ancient Greek city known for medicine and health, was a â€Å"first mover† in this area and, due to strong network effects, was able to reach a critical mass within three years. Initially, Elensys started with four employees and served two local pharmacies. Presently, Elensys receives prescription information from 15,000 pharmacies about millions of people every week, and it uses proprietary, cutting-edge computer equipment to keep track of these records, according to Elensys founder Dan Rubin. In an Internet post, Elensys describes itself as â€Å"the leader in patient behavior modification programs. † Interest in the company has soared, in part because so many people fail to take medicine properly and most chains don't have the technical wherewithal to track customers as precisely as Elensys, Rubin said. Up to half of all patients who should routinely take medicine for such ailments as hypertension or high cholesterol quit prematurely, he said. â€Å"It's the primary reason for our existence. † Much of the cost of the analysis and mailings is offset by payments from drug manufacturers, who contract with pharmacies for the right to mail information to individual customers. Among other things, Rubin said, that material could include suggestions that customers switch from one drug to another. In addition to the customer backlash from this program, many legal issues become prescient due to the ill-defined nature of privacy laws. In a marketing practice that some experts say raises new questions about medical privacy, several large drug store chains and â€Å"thousands† of independent pharmacies have been providing confidential patient information to a Massachusetts database company that profiles and targets patients who don't refill prescriptions. The Washington Post reports Elensys receives prescription information on millions of individuals from 15,000 pharmacies each week, using â€Å"some of the most sophisticated computer equipment available† to profile patients and send them â€Å"educational materials† about drugs available for their conditions. Dr.  George Lundberg, editor of the Journal of the American Medical Association, called the direct marketing tactics, known as â€Å"drug compliance programs,† a â€Å"breach of fundamental medical ethical issues. † He said, â€Å"Do you want †¦ the great computer in the sky to have a computer list of every drug you take, from which can be deduced your likely diseases — and all without your permission? † Elensys describes itself in an Internet posting as â€Å"the leader in patient behavior modification programs† The Boston Globe reported that â€Å"Giant Foods said yesterday it is considering suspending† the practice of sending confidential information to Elensys. Stung by disclosures in the Washington Post, Giant Foods held high-level meetings all day before issuing a statement defending the program and asserting extensive measures were taken to protect confidentiality. † The statement said, â€Å"Giant pharmacies engages in a limited number of programs designed to educate customers about prescription therapy and improve compliance with their drug regimen. These programs in no way compromise the confidentiality of patients. † Elensys backed Giant, defending itself in a statement that emphasized it â€Å"merely served as an agent of Giant, and the chain exerted sole control over the use of information. The Washington Post reported Sunday that officials at Giant defended the marketing program, â€Å"saying customers benefit from their reminders and from the information provided by drug manufacturers. Both companies said they value customer privacy and allow customers to remove themselves from participation by submitting an ‘opt-out' form. † A spokesperson for Giant â€Å"stressed that Elensys does not share its prescription database with third parties,† and Elensys President Daniel Rubin â€Å"said drug companies never get access to the pharmacy's files. Instead, pharmaceutical companies decide which patient groups they want to target and pay Elensys and the pharmacies to mail information to those patients. The Washington Post also reports that the direct marketing is â€Å"part of a far-reaching move by drug manufacturers and pharmacies across the country to make greater use of medical information, new technology and sophisticated marketing techniques to sell more drugs. Rather than promoting their products to doctors,† companies are targeting patients in hopes of influencing them to ask for specific prescriptions. The New York Times reports a parallel trend in which the â€Å"pharmaceutical industry is increasingly marketing mental health drugs directly to consumers. † Manufacturers claim the information is useful to patients, while some doctors and patient advocates contend that â€Å"people with certain mental illnesses are much more susceptible to being manipulated than those with other medical problems. † The Times reports that â€Å"in the most aggressive example of approaching patients directly, Eli Lilly & Company said recently that it would offer scholarships to some schizophrenic patients who took Zyprexa, its new antipsychotic drug. Future problems associated with this new marketing ploy include: The melding of the entrepreneurial ethic, where the goal is to sell a product and the more traditional medical ethic, where the goal is the well-being of the patient. The information could be sold to an insurance company that would then refuse to sell the person insurance or charge them a higher premium. This private information could make its way to head-hunting firms, employers and even divorce courts.

Aristotle s Role Of Luck And Chance As Causes For Change

When discussing probability, a text of my previous reading came to mind. Within the lecture Physics II, much of Aristotle’s work is concerned with providing a definition for various events and subjects, and as such, identifying the types of causes for each event is an important step in accomplishing this goal. Aristotle specifically investigates the role of luck and chance as causes of change. Although we commonly speak of luck or chance as being a cause, Aristotle purposefully refrains from including them in his explanation of causes. When giving an account of our observable world, I agree with Aristotle in that there is no place for luck and chance as causes of events, yet I believe they do have a role, namely in predicting future events. Aristotle specifically separates causes into four different categories, material cause, formal cause, efficient cause, and final cause. He defines these causes as â€Å"that from which, as a constituent present in it, †¦ the form i.e., the pattern, †¦ the source of the primary principle of change, †¦ something’s end† . Respectively, these describe what something is made of, the form or pattern to which is corresponds, the original source of change (closest to what we would associate with a â€Å"cause†), and the purpose of the change. Using the creation of a sculpture as an example, Aristotle provides the bronze of a statue as a material cause, the shape of the state as the formal cause, the actual sculpting of the statue as the efficient cause,Show MoreRelatedAnalysis of Moral Luck Views of Aristotle and Epictetus Essay1462 Words   |  6 PagesAnalysis of Moral Luck Views of Aristotle and Epictetus Aristotle, the founder of western science, and Epictetus, one of the greatest stoicists, both has their theories for the issue of Moral Luck. To have a basic idea about the topic, I believe we should describe it from a non-philosophical point of view. After doing that we can compare both Aristotles and Epictetus points of views and distinguish between them with examples from Into Thin Air(ITA), written byRead MoreThe Ethical Problems Of Gambling2688 Words   |  11 Pageswho like to take risks. Problems with gambling can cause you to have money or legal problems, loss of wages, friends and love ones. Gambling become a problem when the individual has loss, loss situation and don’t know to stop. Gambling is a long lasting and fixed game that keeps an individual coming back. Most gamblers love the gratification of gambling more than the win. Family, social separation, overpowering anxiety, lifetime changes, current disasters, weakness, upsetting occasionsRead MoreHistory of Work Ethic8363 Words   |  34 Pagesbetter than work appropriate for slaves. 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Matton, La magie arabe traditionelle, Paris, 1977 (incomplete) Latin Picatrix: The Latin Version of the Ghà ¢yat Al-Hakà ®m, ed. David Pingree (London, Warburg Institute, 1986). Spanish Abul-Casim Maslama ben Ahmad: Picatrix (El fin del sabio y el mejorRead MoreLogical Reasoning189930 Words   |  760 Pages1993 with ISBN number 0-534-17688-7. When Wadsworth decided no longer to print the book, they returned their publishing rights to the original author, Bradley Dowden. The current version has been significantly revised. If you would like to suggest changes to the text, the author would appreciate your writing to him at dowden@csus.edu. iv Praise Comments on the earlier 1993 edition, published by Wadsworth Publishing Company, which is owned by Cengage Learning: There is a great deal of coherenceRead MoreBackground Inditex, One of the Worlds Largest Fashion Distributors, Has Eight Major Sales Formats - Zara, Pull and Bear, Massimo Dutti, Bershka, Stradivarius, Oysho, Zara Home Y Kiddys Class- with 3.147 Stores in 70100262 Words   |  402 Pagesto reprint materials in this book provided that the reprint is for educational or other non-profit purposes and provided that the reprint contains a clear reference to the original material. Published in 2009 by IIIEE, Lund University, P.O. Box 196, S-221 00 LUND, Sweden, Tel: +46 – 46 222 02 00, Fax: +46 – 46 222 02 10, e-mail: iiiee@iiiee.lu.se. Printed by KFS AB, Lund. 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Learn How to Conjugate Reposer (to Rest) in French

Meaning to rest, the French  reposer  will be a useful addition to your vocabulary. The verb will need to be conjugated, however, if you want to say things such as rested or resting. This lesson will introduce you to the essential conjugations youll need for  reposer. The Basic Conjugations of  Reposer Reposer is a regular -er verb, which means it follows the conjugation pattern of the majority of French verbs. If you have studied words like tomber (to fall), poser  (to put), or any other regular verb that ends in -er, this lesson should be relatively easy. The indicative mood is the best place to begin. This includes the basic present, future, and imperfect past tenses which are used most often in French. The catch is that you need to memorize a new word for every subject pronoun within each tense.   Step one in any conjugation is identifying the verb stem (or radical). For  reposer, that is  repos-. To this, a variety of endings are added that correspond to the subject and the tense. Using the chart, you can find which endings are required. For example,  I am resting is  je repose  while we will rest is  nous reposerons. Present Future Imperfect je repose reposerai reposais tu reposes reposeras reposais il repose reposera reposait nous reposons reposerons reposions vous reposez reposerez reposiez ils reposent reposeront reposaient The Present Participle of  Reposer The  present participle  of regular -er  verbs is very easy to form. All you have to do is add -ant  to the radical. For  reposer,  that produces the word  reposant. Reposer  in the Compound Past Tense Passà © composà © is the French compound past tense and its used frequently, so its very good to know. Forming it is rather easy as well. Begin by conjugating the auxiliary verb  avoir  into the present tense to match the subject. Youll then follow that with the  past participle  reposà ©, which does not change with the subject but does indicate that someone has already rested. For example, I rested is  jai reposà ©Ã‚  and we rested is  nous avons reposà ©. More Simple Conjugations of  Reposer When youre uncertain if the act of resting will take place, you can turn to either  the subjunctive  or  the conditional. The main difference here is that the conditional says the resting will only happen if something else occurs as well. The passà © simple  and  the imperfect subjunctive  are literary tenses. Youll find these almost exclusively in formal writing. Subjunctive Conditional Pass Simple Imperfect Subjunctive je repose reposerais reposai reposasse tu reposes reposerais reposas reposasses il repose reposerait reposa repost nous reposions reposerions reposmes reposassions vous reposiez reposeriez repostes reposassiez ils reposent reposeraient reposrent reposassent If you want to tell someone to Rest! or use  reposer  in a similarly assertive statement,  the French imperative  can be used. This is one of those rare times when you dont need the subject pronoun, so simplify it from  tu repose  to  repose. Imperative (tu) repose (nous) reposons (vous) reposez

Business Ethics China, Russia And Indonesia - 1890 Words

Diebold: China, Russia and Indonesia Shane Stoddard BUS 351 Section 503 December 2, 2014 The topic of business ethics is not as concrete as other areas of study. It has various meanings depending on the location of where the study or practice is taking place. An action that someone in America would deem as socially acceptable, ethical behavior, may not be in accordance with the societal norms of another nation. Normally this doesn’t raise too big of a problem with business, as most businesses only operate within a single nation. However, this is an incredibly important concept to those businesses that practice within the global market. Globalization is an excellent way to expand your business, but as we can see with the case of the Securities and Exchange Commission vs. Diebold inc., the ethical barriers between nations may not be so easy to follow. A Discussion of the Pros and Cons of Globalization in Regards to Ethics Globalization is what describes the interconnectedness of the world as a whole. In today’s world we are more connected to other nations and cultures than ever before. We can travel all over the globe for what is usually a reasonable price. With this ability to be connected worldwide, we also have opportunity to expand our business as well our ethical standards to new nations around the globe. Globalization offers many lucrative opportunities in the world of business. One company that could only reach the population of the United States, nowShow MoreRelatedKfc Marketing Plan Essay1816 Words   |  8 Pages1.0 Executive summary The accurate reading of consumers preferences of KFC revealed that healthy eating, animal welfare and ethics are three of the most consumer’ desires KFC are facing today. 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Contributory Negligence Historical and Comparative

Question: Discuss about the Contributory Negligence and Historical and Comparative. Answer: Introduction When the actions of one of the parties results in harm to the other party, it is considered as a tort, which is a civil wrong done. Negligence is one of the tort laws in Australia (Trindade, Cane and Lunney, 2007). Negligence is the failure to fulfill to the duty of care, which results in some kind of harm or damage to the party to which the duty was owed. Negligence fixes the liability on the breaching party, and allows the aggrieved party to recover damages for the harm caused (Turner, 2013). In the following parts, the various aspects of negligence, as are applicable in the case of Anna and Trevor, have been analyzed. Negligence When an individual fails in fulfilling the required care, which they owe to the other person and which in a harm, injury or loss for the other person, then such an individual commits the tort of negligence (Kelly Hammer and Hendy, 2014). The rationale behind negligence is that the people are required to exercise the reasonable care while doing any task, so that their actions do not result in the foreseeable harm. When negligence is established, the aggrieved party has the option of claiming damages, which is in the form of monetary compensation. In order to establish that negligence is present, the essential elements of negligence have to be established. These include the duty of care, the breach of this duty of care and the resultant damages (Abbott, Pendlebury and Wardman, 2007). Duty of Care In order to establish negligence, the first thing which needs to be established is the duty of care. The duty of care is the legal obligation, imposed over the individuals to adhere to the standards of reasonable care which could possibly result in harm, by performance of a certain task (Greene, 2013). This is the first element to establish that negligence took place. In Donoghue v Stevenson [1932] UKHL 100, it was established by the court the Stevenson owed a duty of care, by being the manufacturer of the bottle in which the snail was found, towards any such person who was buying the bottle. And accordingly, Donoghue was able to recover damages for the negligence of Stevenson (Harvey and Marston, 2009). In the given case, Trevor was the operator of the tour and he was the one responsible for ensuring the safety of his clients. This meant that he owed a duty of care towards all those who took the tour. As was seen in the case of Donoghue v Stevenson, the manufacturer owed a duty to its users; in the same manner, the tour operator owed a duty of care to its clients. So, he had to ensure that Breach of Duty Once it is established that defendant owes a duty of care towards the plaintiff, the next step to be established is the breach of this duty of care. When the defendant is aware of the fact, that his actions can result in harm or loss, then such an individual breaches the duty of care. Also, when the defendant fails to consider the possible loss or harm, which a reasonable or prudent person, in similar circumstances would have considered, then such individual breaches the duty of care (Latimer, 2012). In Vaughan v Menlove (1837) 3 Bing NC 467, the haystack of the defendant had caught fire as a result of poor ventilation. The defendant was given a warning on many occasions that there could be fire due to this reason. Later on, the defendant argued that he did not foresee any risk of the dire and that he had used his best judgment. In this case, the court held that this best judgment was not sufficient and he was judged by the standards of a reasonable person and a breach of duty was established (E-Law Resources, 2017a). In the given case, it was the duty of Trevor to take care of the individuals who opted for his tour. And it was his duty to ensure that they do not receive any injury. In his search to find a new location, he left the tour members alone for a long duration. This resulted in the delay in returning, till which time, night had fallen. Near the end of the walk, Anna fell down as she could not see the tree root properly, on which she stumbled. Due to the fault of Trevor, in taking care of his crew members and delaying the tour, Anna was injured. So, there was a breach of duty of care. As was held in case of Vaughan v Menlove, a reasonable person would have taken the necessary care to ensure that the tour members were safe and returned on time. Moreover, being a tour operator, Trevor was aware that such injury may occur, and so the risk was foreseeable. So, there was a clear breach of duty in this case. Damage/Loss/Injury The next essential is that the breach of duty of care must result in a damage, or loss, or injury. When a duty of care is breached, it has to result in a harm or loss for the party to whom the duty was owed. In case there is no loss or harm, or the loss or harm is negligible, then a negligence case cannot be established. So, not only a loss has to be established, but it has to be substantial (Harvey and Marston, 2009). The rationale behind this is that the loss or injury or the harm caused is the amount of damages which the individual can claim in case of negligence. Moreover, by establishing that a harm or loss has been caused, the individuals can also claim damages for the non-pecuniary injuries, for instance the emotional distress. The causation of the loss also has to be established. In other words, it has to be shown that the loss would not have been caused, if the defendant had not breached the duty of care (Gibson and Fraser, 2014). If the loss is too remote and not substantial, then the damages are not awarded, even when negligence has been established. Also, the damages are to be such, as are foreseeable. In Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd [1961] UKPC 2, also known as the Wagon Mound case, it was held that the actual cause of fire was too remote. Hence, the defendant was not held liable for the fire damages (Emanuel and Emanuel, 2008). In the given case, the loss was foreseeable. This was because Trevor was aware that at night time, the chances of falling during the trek were higher and this is the reason he avoided taking treks at night time. And in the past, this has resulted in injury to his clients. So, the loss was clearly foreseeable. Also, due to his failure in exercising the duty of care, Anna was injured. Hence, in this case, there was both foreseeability of loss, and loss due to the breach of duty of care, which was significant. Defense- Contributory Negligence The defense which is often cited by the defendants in cases of negligence is contributory negligence (Legal Services Commission, 2016). When an individual fails to apply the necessary duty of care which they owe to themselves, and contribute towards the harm or the loss which resulted as a result of breach of duty of care, and caused negligence, it is the case of contributory negligence (Dongen, 2014). In such cases, the damages which are awarded to the plaintiff are reduced according to their contribution in the losses. In Davies v Swan Motor Co [1949] 2 KB 291, the plaintiff was held liable for damages which resulted as he negligently stood on the lorrys side, and so the amount of damages, which were awarded to him, were accordingly reduced (E-Law Resources, 2017b). In the given case, Anna consumed wine from the bottle of wine which she had brought along with her. Trevor had only given the members of tour, water and sandwiches, and no alcohol was provided by him. Moreover, the other members had refused to consume the wine, when it was offered to them by Anna. Annas intoxication contributed in her injuries, as she was not at her best during the trek and was a bit tipsy. Another thing in Annas case is that Trevor had specifically asked the members to wear sensible shoes and clothing during the trek. But Anna had changed into high heel shoes, which she had brought as backup. In both the cases, Trevor was not aware of the acts of Anna, regarding her alcohol consumption and her change of shoes. Again, Anna contributed towards her injuries. Applying the case of Davies v Swan Motor Co, by drinking on trek, and wearing high heel shoes, which were opposite of what was insisted upon by Trevor, Anna contributed towards her stumbling incident, which resulted in injuries for her. So, at two instances, Anna had contributed to her injuries, in a major way. Being drunk on the trek and not wearing the proper gear, contributed in losing her balance. And so, Anna is guilty of contributory negligence. Remedies When a case of negligence is established, the individual can claim for damages, which is in form of monetary compensation (Statsky, 2011). The amount of compensation usually consists of damages for pecuniary injuries, but as highlighted earlier, if the loss is established properly, an individual can claim losses for the non-pecuniary injuries as well. In the case of Baltic Shipping v Dillon High Court of Australia (1993) 176 CLR 344, a cruise ship sank and the passenger sued for the loss of his belongings, along with the mental distress which resulted due to such loss. Even though the cost of the cruise was not awarded to the plaintiff by the judge, but the defendant was ordered to compensate the plaintiff for the mental distress (Australian Contract Law, 2013). When contributory negligence is established, then as per the Civil Liability Act 2003 (Qld), the damages which are awarded to the plaintiff are reduced to the amount of the contribution of the plaintiff towards the injury, and this amount is decided by the court. Moreover, section 47 of this act states that at the time of the incident which resulted in injury, if the plaintiff was under the influence of alcohol or was intoxicated then the damages awarded to the plaintiff would be reduced by 25% or more, as per the discretion of the court (Australasian Legal Information Institute, 2017). In the given case, the negligence of Trevor was established due to the presence of the essential elements of negligence. In other words, Trevor owed a duty of care towards Anna as he took her to the trek and he had to ensure that no harm was caused to her. But, since Anna was injured, there was a breach of duty of care. So, Trevor would have to compensate Anna for the pecuniary losses caused to her. Along with this, Anna could also claim for the mental distress that resulted from the injuries. So, Anna could sue Trevor for the loss that resulted from the injuries, which would be the punitive damages. Since, Anna willfully decided to close her caf, she cannot claim for the loss of 12 months income, as it has no direct linkage with the negligence of Trevor. As established earlier, Anna had contributed towards the injuries and so, the amount of damages awarded to Anna would be reduced accordingly. Since Anna was intoxicated, the amount of damages would be reduced by a minimum of 25%. Moreover, due to her contributory negligence due to wearing high heels, the damages would be further reduced. The amount of damages which would be reduced would depend upon the discretion of the court. Conclusion From the above analysis, it can be concluded that by wandering off to find a new spot, Trevor had breached his duty of care, which he owed towards Anna, being the member of his trekking tour. Moreover, this resulted in the delay of tour to night time, which made it hard to see the tree root, on which Anna stumbled and fell and this injured her knee. So, Anna could claim pecuniary damages for this loss, as well as, for the mental distress. Since Anna had willfully closed the caf to recover damages from Trevor, she cannot claim damages for the loss of income. But, Anna contributed towards her injury and hence, the damages which would be awarded to Anna would be reduced to a certain amount, as decided upon by the court. So, it is advised to Anna to refrain from initiating a case against Trevor as she would not be able to claim damages for the loss of income, and the pecuniary damages would be reduced by the amount of contributory negligence. References Abbott, K., Pendlebury, N., and Wardman, K. (2007) Business law. 8th ed. London: Thompson Learning. Australasian Legal Information Institute. (2017) Civil Liability Act 2003 - Sect 47. 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