Bankruptcy of Companies in Qatar Assignment Example | Topics and Well Written Essays - 1250 words

Bankruptcy of Companies in Qatar - Assignment Example Despite this, there is a well laid-down framework that governs the insolvency and subsequent liquidation of companies in Qatar. These rules and regulations mainly anchor on Chapter 10 of the Qatar Commercial Companies Law, Law No.5 of 2002. This legal regime in Qatar resembles the one that governs bankruptcy and insolvency in the United Arab Emirates. The only difference is that the Qatar regime lacks the provision that gives shareholders, with more than 25 per cent of the company’s shares, the right to declare the company bankrupt. This is usually a provision when a company suffers capital losses amounting to more than 75 per cent of its capital turnover. Instead, the provisions of Article 290 of the Qatari Code stipulate that if a limited liability company suffers losses amounting to equivalent of 50 per cent of the company’s capital, the directors of the company are expected to consider dissolving the company. Failure to institute a dissolution procedure makes the di rectors solely responsible for any further losses that may accrue from the company’s failure, to meet its legal obligations. According to (Latham & Watkins 2011), the legal framework that governs the application for dissolution of a company in Qatar still resembles that of the United Arab Emirates. ... There may be other circumstances such as the expiry of the term of the company as noted in the constitution of the company. A merger between two companies may also require the liquidation of the companies as per the constitutional terms. Dissolution due to bankruptcy materializes when a company incurs losses amounting to more than 50 per cent of the company’s financial capital. In such circumstances, the company directors are required to convene an extraordinary general meeting in order for the shareholders to make a determination on whether to dissolve the company. In cases where the board fails to convene the general meeting or where the general assembly fails to reach a general resolution pertaining to the dissolution of the company, any interested shareholder may initiate legal proceedings for the dissolution of the company as stipulated in Article 285 of the Company’s Law. The meeting of the general assembly is at liberty to dissolve the company if a majority of th e shareholders support the resolution to dissolve the company. Similarly, dissolution may be initiated by any shareholder with more than 25 per cent of the company’s shareholding. However, this only applies when the company returns a loss amounting to more than 75 per cent of its total financial capital for any given financial year. This framework is anchored on Article 289 of the Companies Law. When the liquidation of a company gets approved by the required majority, the dissolution process commences immediately and the term ‘liquidation’ is incorporated to the company’s name. It is worth noting that the Companies Law only stipulates the general guidelines that should govern the liquidation process. It does not lay out a formal dissolution

Relationships with Government Regulators and Policymakers Essay Example for Free

Relationships with Government Regulators and Policymakers Essay No, I did not believe that Merck acted in a socially responsible and ethical manner with regard to Vioxx. Vioxx is a prescription medicine used to relieve signs and symptoms of arthritis, acute pain in adults and painful menstrual cycle and Merck was one of the world’s leading pharmaceutical firms. Corporate social responsibility means that a corporation should act in a way that enhances society and its inhabitants and be held accountable for any of its actions that affect people, their communities, and their environment. I didn’t believe Merck acted in a socially responsible and ethical manner with regard to Vioxx is because Merck had long enjoyed a reputation as one of the most ethical and socially responsible of the major drug companies. Drug development and testing Merck was renowned for its research labs, which had a decades-long record of achievement, turning out one innovation after another, including drugs for cholesterol, hypertension, tuberculosis and other. In product development and testing, scientists know Vioxx there are serious health risks and the drug may have side effects such as cardiovascular complications but scientists think that the lives that could have potentially been and now know that the effects of the medication can improve then change and it can minimize the harmful side effects. During the development and testing phase for Vioxx has many issues regarding the safety of the drug were questioned due to the many cases of heart attacks and strokes resulting from the medication but also have people think heart attacks and strokes were common and they had multiple causes, including genetic predisposition, smoking, obesity and a sedentary lifestyles. Marketing and advertising This was new in the pharmaceutical industry as it was the first time the FDA were allowed to advertise to consumers and the advertising technique of Vioxx that was used was thru direct-to-consumer. Merck used an Olympic figure skater as the primary character within their commercials and telling viewers that she would â€Å"not let arthritis stop me.† The drug companies defended DTC ads, saying they informed consumers of newly available therapies and encouraged people to seek medical treatment so consumers then would request this medication, making doctors feel obliged to prescribe. Drug company focused most of their marketing efforts on prescribing physicians and as a result of this fiasco, implications for big pharmaceutical firms like Merck are clear, they have take more time to conduct more clinical studies and assess the health risks associated with the drugs even if it means a delay in the entry of the drug into the market. Relationships with government regulators and policymakers Vioxx were regulated by Food and Drug Administration (FDA) and work of FDA is whether or not to approve a new drug. Some evidence suggested that the morale of FDA staff charged with evaluating the safety of new medicine had been hurt by relentless pressure to bring drugs to market quickly. The government and policymakers received large sums of money from the development company during the advertising phase and market introduction. The Agency has not had an opportunity to review the data from the study that was stopped in the depth that Merck has, but agrees with the company that there appear to be significant safety concerns for patients, particularly those taking the drug chronically and FDA plans to work closely with Merck to coordinate the withdrawal of this product from the US market. Handling of the recall Merck announced a voluntary worldwide withdrawal of Vioxx. From the published evidence of Vioxx is crystal clear risk of heart attack, as early as in the late 1990s, the company should be aware of risk awareness and the companys internal documents confirmed the the companys awareness of the risks. Yet Merck continued not only to sell the drug, but to market it heavily and as a first line choice, not merely for those thought to be at higher risk of stomach bleeding. Merck decisions and judgments of certain problems with Vioxxs launch can be faulted. They are either ignored or dismissed early signs of an increased risk of heart attack, whether it is in their own research and other post, trying to get to market faster. This proved to be deadly further studies in line with the concerns, and lead ultimately to lead to another wrong decision to recall the drug from the market and Merck would have hoped for, instead they lost the market of customers who would still have taken Vioxx in spite of the risks.

The Morphing of Child Pornography Essay -- Exploratory Essays Research

Morphing of Child Porn      Ã‚   At issue before the Circuit Courts has been the constitutionality of the 1996 Child Pornography Prevention Act (CPPA) in which Congress sought to modernize federal law by enhancing its ability to combat child pornography in the cyberspace era(Free Speech). There is a split in the circuit courts regarding this bill, and this essay will address the discrepancy.    This piece of legislation classifies an image that "appears to be" or "conveys the impression" of a minor engaging in sexually explicit acts as "virtual" child pornography. Such images include a photograph of a real child that may be scanned, replicated and manipulated by computer to create a sexually-oriented photo, or a wholly fake child that may be generated solely by computer graphics.    Congress recognized a loophole in the child pornography law, in that technological improvements have made it possible for child pornographers to use computers to "morph" or alter innocent images of actual children to create a composite image showing them in sexually explicit poses. With this in mind Congress intended to (1) ban computer-generated images that are "virtually indistinguishable" from those of real children, (2) to protect the privacy of actual children whose innocuous images are altered to create sexually explicit images and (3) to deprive child abusers of a "criminal tool" frequently used to facilitate the sexual abuse of children.    On December 17, 1999, in Free Speech Coalition v. Reno, the Ninth Circuit struck down the law as a content-based restriction on protected speech not in furtherance of any compelling governmental interest because the prohibited images are not of actual children. According to that C... ...guage of the statute "sufficiently narrowly tailored to promote the compelling government interest in preventing harm to actual children, based on substantiated Congressional findings that virtual pornography was used to seduce actual children into sexual activity, and thus comported with free speech guarantees."    WORKS CITED: Eleventh Circuit Opinions.  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   http://www.law.emory.edu/11circuit/nov99/ Free Speech Coalition v. Reno, 198 F.3d 1083 (9th Cir. 1999), United States v. Hilton, 167 F.3d 61 (1st Cir. 1999), United States v. Acheson, 195 F.3d 645 (11th Cir. 1999), and United States v. Pearl, 89 F.Supp.2d 1237 (D.Utah 2000). Holder v. Free Speech Coalition, Docket No. 00-795).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  http://www.medill.northwestern.edu/docket/features2001.html United States v Hilton  Ã‚  Ã‚  Ã‚   http://www.law.emory.edu/1circuit/july2001/00-2545.01a.html

Fun Should be the Focus of Youth Sports :: Argumentative Persuasive Essay Examples

  Ã‚   Over the last two decades the growth of youth sports has reflected the popularity of professional sports in our society. To a foreign observer of the American culture we appear to be a sport's obsessed society. Sporting events and news are available to us twenty-four hours a day on television and radio; sports are an enormous industry. In 1995 it was determined that the sporting industry generated 85 billion dollars worth of business. It is now estimated that by the year 2005 the sporting industry will be worth more than 150 billion dollars, making one of the top ten industries in the U.S. (Murphy 32). The outstanding popularity of the sports industry has had a profound affect on youth sport's organizations. Recent surveys place the number of children participating in various team sports at around 20 million. However, critics estimate that as many as 73 percent quit sports by age thirteen. The majority of children drop out by middle school age because sports are no longer fun for them. There are several contributing factors to this phenomenon, parents and coaches putting excessive pressure on children, over competitiveness, anxiety, and simple loss of interest.    Children join sports at a young age, and it is usually the parent who decides what sport the child will play. Parents are often very involved in their child's sport. The parents buy the team trophies, uniforms, and equipment and shuttle their child to and from games and practices. Most children enjoy this time they spend with their family and friends. There is little emphasis placed on competition and children all have an equal chance to participate. They are able to "play" with their friends outside the school environment and simply have fun, which in turn keeps children interested and involved in their sport.    As children get older they ascend to a higher level in their sport, for instance, from T- ball, to little league. During this time pressure to succeed starts to rise. Parents and coaches often become more involved with the game than with their children, attention starts to focus to the more "talented" players on the team, and competition and "who wins" takes precedence over having fun. In his book The Cheers and the Tears, sport's psychologist Shane Murphy Ph.D., claims that "One way in which many traditional youth sport programs fail to meet the needs of children is by introducing too much competition too early.

Comic Relief

Kaylee King Per. 2 Comic Relief Shakespeare’s element of comic relief in his plays provides more than just mere pieces of entertainment for the groundlings; it allows a break from the dense and sometimes evil continuity of the play. Comic scenes provide relief to the audience while building up the intensity from earlier scenes. Sometimes appearing out of place within the play, the scenes and characters are still significant roles in advancing the play. In Shakespeare’s Hamlet comic relief is supplied throughout the plot through the character of Polonius.Polonius, a foolish old man with a lot to say, is able to produce the amount of relief necessary to his audience. With his long speeches and pleasing manner, Polonius sets a certain tone towards the entirety of the play. Time and time again he gives the old â€Å"when I was your age speech† and assumes the role of a parent to everyone, giving his unwanted and disregarded opinion. When a player about the death of P riam makes a deep and eloquent speech, Polonius interrupts by simply saying, â€Å"This is too long. † This being said was entirely ironic because of the long and seemingly pointless speeches that Polonius dishes out to anyone able to hear.Shakespeare’s use of Polonius as a comic character is significant towards the overall tone of the play. The depressing and death filled play needs a comic way to show its tragic nature through a sort of dark humor. Hamlet’s many remarks regarding death and old age towards Polonius is a prime example of this. Polonius being the foolish elderly man he is, provides an easy target for Hamlet so called ‘humor. ’ Jokes of murder and death, although humorous, provide an edge of darkness to the tone of Hamlet.

The above statement and discuss its accuracy in relation to airspace and subterranean space Essays

The above statement and discuss its accuracy in relation to airspace and subterranean space Essays The above statement and discuss its accuracy in relation to airspace and subterranean space Essay The above statement and discuss its accuracy in relation to airspace and subterranean space Essay Essay Topic: Law The law concerning airspace and subterranean space appears to be exceptionally complex and to an extent even outdated. Sir William James attempt to clarify the law using the Latin maxim cuis est solum eius est usque ad coelum et ad inferos1 seems to have created even more legal uncertainty and appears to have done more harm than good. The maxim is now subject to vast exceptions as well as having been denounced by contemporary legal commentators and even senior judges. This essay will explore the accuracy of Sir William James judgement; it will also question the argument that the maxim is still considered the ordinary rule of law2 and will look at how modern land law has gone about dealing with the legal confusion caused by this judgement, focusing primarily on airspace and subterranean space. Firstly, in order to explain the above statement, it may be beneficial to look closely at the facts of the case in which the judgement was made (Corbett v Hill 1870)3. In brief, the case concerned the trespass of land where the claimant failed in attempting to seek an injunction to stop the defendant building a room over-looking the claimants property. After citing the maxim as being the ordinary rule of law4, Sir James admitted its exceptional level of legal ambiguity and even conceded that no doubt, [the maxim] is frequently rebutted5, especially in regards to property in towns [by] other adjoining tenements6. Thus, in relation to the accuracy of the statement, one must appreciate the case is from the 19th century; during a time when technology had not progressed as much as it has today and accordingly airborne methods of transport had not yet been invented. This meant trespassing through the higher levels of airspace would not have been an issue and consequently, detailed legislation regarding the law of airspace may not have been considered necessary at the time. Hence, it may be argued that Sir William James simply cited the maxim with the intention of it serving merely as a rough direction of law but, unaware of the rapid advancement of technology within the 21st century, and so the inventions of aeroplanes and other methods of aerial transport have subsequently required clarification within the law of airspace and have demonstrated the impracticality of applying the maxim in modern times. Inevitably, the judgement has caused vast legal uncertainty and for this reason has been at the centre of immense criticism from both legal commentators7 as well as even senior judges. The suggestion that a land owner has complete control of everything up to the sky and down to the centre of the earth is not only practically unrealistic, but also, theoretically delusional which has resulted in Sprankling8 dismissing the maxim as merely a poetic hyperbole9 suggesting its over-dramatic implications regarding a landowners rights in airspace and subterranean land. This criticism is supported by Lord Wilberforce who has openly criticized the maxims feasibility as being sweeping, unscientific and impractical10. Furthermore, its implication that land is only measureable on a two-dimensional level (in terms of its physical structure) is an argument that has been strongly dismissed by Gray and Gray (2009)11 who claim that portions of a land may be owned by several different owners and thus claim that a transfer of a merely two-dimensional plot of land would have little meaning and even less utility12. They argue that a third dimension of land should have been recognised within the maxim and should now be explicitly acknowledged by the courts as they believe it can exist as as an independent unit of real property13. Gray and Gray (2009) further criticise the maxim for being virtually worthless suggesting it holds very little, if any, legal value in the modern legal system. Hence, these strong dismissals and denunciations of the maxim by senior academics and legal professionals may be argued as representing the modern attitude towards it; suggesting its significance in modern land law is not as much as it was when cited in the 19th century or at the time of its creation. Inevitably, as a result of the vast legal ambiguity and immense criticism that the judgement has faced, a major attempt to rectify the confusion regarding airspace finally came about with the establishment of the terms the lower stratum and the upper stratum. Although these terms appeared to contradict the maxim, they created a groundbreaking change in the law of airspace by splitting airspace into two categories. The lower stratum is that which was necessary for the landowners reasonable enjoyment. In Bernstein14 it was held that determining the requirement of reasonable enjoyment15 is dependent on the type, height and size of the property. Whereas, the upper stratum is that which is above the height which is reasonably necessary for the ordinary enjoyment16. In Bernstein17, Griffiths J also stated that a landowner has no greater rights in the upper stratum than any other member of the public. This is also identically reflected with the obiter dicta of Lord Brown in Bocardo SA (2010)18 where he stated that the air is a public highway19 and if that was not true then every transcontinental flight would subject the operator to countless trespass suits. 20 Both statements appear to be valid and rational as there can be no private ownership of airspace which is entitled to the public. However, both of these statements appeared to be expressly undermined in Kelsen (1957)21 where it was held that the placing of an advertisement banner on (the upper stratum of) another persons land, although did not interfere with the defendants reasonable enjoyment, yet still constituted a trespass. This judgement can be criticised on the basis that it appears to overtly contradict the basic judgement in Bernstein and the consequently conventional principle that the upper stratum is open for the use of the public and that the landowner has no greater rights to it over any other public. However, in Liaqat v Majid22, Silber J justly diverged from the judgement in Kelsen23 and rightfully re-emphasized the principle established in Bernstein24 stating where the interference of land was at a height that did not interfere with the claimants airspace25 then it does not constitute a trespass. This principle was further re-emphasized in Manitoba and Air Canada (1978)26 in which the state of Manitoba argued that goods being sold on an aeroplane flying over Manitoba could be subjected to domestic taxing. Prima facie, it appears that if the maxim is applied retrospectively then technically Manitoba argument should be accepted, however, the maxim was again dismissed by the court and the claim failed as they emphasized the judgement in Bernstein27 that there can be no ownership of the upper stratum. The inaccuracy of the maxim is further demonstrated by the enactment of The Civil Aviation Act (1982)28. Section 76(1)29 discusses grounds for trespass30 and nuisance31 stating that no action can arise if an aircraft is flying over a property, providing it has shown consideration to the wind, weather and so long as all circumstances of the case [are] reasonable. The wording of this statute appears to be as equally ambiguous as the maxim itself in the sense that it leads to the question how would a mere bystander or a reasonable man know if an aircraft has had taken the wind and the weather into consideration and that all the circumstances of his flight are reasonable before establishing if his/her airspace had been trespassed?. Although there are exceptions for aeroplanes landing and taking off, the general rule stated in the Rules of the Air (Amendment) Regulations 200532 is that it is not permissible for an aircraft to fly any closer than 500 feet to any person, vessel, vehicle or structure. 33 Both statues have considerably clarified the confusion regarding invasion of airspace and have further demonstrated the inaccuracy of Sir James statement. Additionally, Gray and Gray (2009)34 further go on to emphasise the importance of remedies for trespass in modern land law. In particular, the rise in privacy laws such as Article 8(i) of the European Convention on Human Rights35, which give landowners the right to respect of his private and family life, his home and his correspondence36, have also had a big impact on modern land law. The question that subsequently arises is how does the law protect a landowner from invasion of his airspace or violation of his convention rights? The answer to this is damages are available on the grounds of trespass37 or nuisance38. It should be noted that trespass does not have to include damage to the property and can simply be interfering or crossing over onto another property without lawful consent. This is demonstrated in Lewvest Ltd (1982)39 where the court held that construction cranes which operated over the upper stratum40 of the claimants property constituted a trespass and thus, the defendants were required to pay damages. Prima facie, this judgement can be criticised on the basis that there was no direct or indirect damage to the claimants property as the claimant did not even suffer any physical loss but it was merely the defendant attempting to make use and benefit out of the claimants airspace. Consequently it may also be argued that the cranes were being operated on the upper stratum of the claimants property as it was out of the level of that which was necessary for the claimants reasonable enjoyment41 and so under the Bernstein principle that there is no ownership of the higher stratum. On the other hand, one can understand why the courts came about this judgement. In particular, the flood gates argument comes to mind in that, if the court held that large construction companies were able to use machinery over nearby property without facing any legal charges, this would cause an enormous influx of cases on the grounds of both trespass and nuisance. Hence, with the benefit of hindsight it appears that the judgement was valid. Similarly, there has been a substantial attempt to clarify the meaning, scope and invasion of the lower stratum through the aid of subsequent case law. Everyday scenarios such as cutting off your neighbours overhanging branches have been declared lawful however, after cutting the branches off they must be returned to the neighbour (Lemon v Webb)42. Subsequently, taking the fruits off the branch either for personal benefit or to sell them on has been declared unlawful (Mills v Brooker)43. It may be argued that all these judgements (regarding both the upper and lower stratum) have drastically moulded the modern law of airspace in an attempt to adapt to the lifestyle of the 21st century; in particular acknowledging the development of technology and airborne methods of transport. However, there still seems to be some unanswered questions which remain; for example, if a child playing football accidently kicks the ball over the fence does that encompass trespass? Alternatively, if youre next door neighbours pet comes into your garden and eats the food youve left for your pet does that include trespass? Likewise, the decision in Lemmon and Webb (date)44 appears to answer the obvious question regarding over-hanging branches, but fails to explicitly recognise or answer the somewhat un-obvious questions. For example, if someone puts their hand across the garden fence to try and cut a tree belonging to them but over-reaches onto their neighbours side of the garden; does this constitute trespass? Although, these are mere policy arguments and are not as common as the cases cited above, these scenarios should be taken into consideration by the courts and clarified before possible future cases arise and thus avert them from causing even more confusion regarding airspace. In relation to subterranean land, the maxim has caused just as much legal uncertainty and confusion as it has in regards to airspace. Although, it is certainly true in stating that a land owner has rights to land under the soil, however, the suggestion that these rights go down to the centre of the earth is equally as misleading as the suggestion his rights go up to the sky. The general rule regarding subterranean land, in particular treasure, is that if an item found fits under the definition of treasure (as defined in the Treasure Act 1996)45 then it automatically belongs to the crown. Under this definition, treasure is any object at least 300 years old with a metallic content of which at least 10% is precious metal. Subsequent case law has determined that, minerals, treasures and other inorganic substances which are found underneath the grounds of the owner all belong to landowner46. However there are exceptions regarding coal47 which has not been worked on and petroleum48; both of which belong to the Coal Authority and the Crown respectively. Gray and Gray (2009) further state that the landowner has no absolute title to the water that flows through his/her land whether it is through a channel or river. Although, in Embrey (1851) it was declared that the landowner has the right to reasonably enjoy the flow of water, however, this was later amended in John Young Co [1893] where it was held that this right only exists providing that the flow of water or its purity is not diminished for others to use. Likewise, in Fothringham (1984)49 it was held that the landowner has the right to fish in the water flowing through his land as far as he can reach by normal casting or spinning50. This was later strengthened and clarified in Nicholls[1936]51 where it was held that the landowner has the right to the fish once he/she catches and kills them they then become his/her property. As subterranean land is included within a landowners property, it is therefore possible to constitute trespass through the subterranean zone; the area beneath the land which is owned by the landowner. Subsequent case law has demonstrated various ways in which trespass of the subterranean zone have occurred including trespass via entry to a cave as demonstrated in Edwards (1930)52 or alternatively by installing sewage and draining pipe underneath the owners land without lawful consent or authorisation from the landowner as was the case in Roberts (2001). 53 Consequently, before identifying if there can be a possible claim of adverse possession, there are certain statutory and common law requirements which need to be fulfilled. These statutory requirements are listed within the Limitation Act (1980)54 which state that no action can be brought by a landowner in an attempt to recover his land after the expiration of twelve years from the date on which the right of action accrued to him, or from the date on which the right accrued to some person through whom he claims. The right of action is perceived as having accrued once a landowner has been dispossessed of his land or has discontinued use of it. In terms of airspace it is both practically and legally impossible for adverse possession of the higher stratum. This is because the higher stratum has been identified as being open for the use of the public55. Likewise, in terms of adverse possession of subterranean land, though it appears theoretically and to some extent lawfully possible however, it appears impractical and unfeasible. Moreover, in regards to classifying landowners subterranean rights including that of adverse possession, legal commentator Dr Jean Howel56 suggests that the same test that has been applied by Griffiths J in Bernstein57 should also be applied to identify ownership of subterranean land. This argument appears to be supported by the Supreme Court in Bocardo SA v Star where the court reduced damages in regards to subterranean trespass. They did so on the grounds that the defendants actions occasioned no harm whatsoever to the land and more importantly it did not interfere with Bocardos [the claimants] use or enjoyment of its land58. This judgement appears to be sensible and makes a substantial attempt to clarify the law regarding subterranean land by referencing the reasonable enjoyment of land principle established in Bernstein. However, although the principle seems to be an established precedent, it may be criticised for lacking practicality in regards to how it can be applied to subterranean land. The biggest problem being how would one classify what is reasonably necessary for enjoyment in terms of land under the ground? It is not as easy as classifying the lower and upper stratum of airspace as subterranean land is not as widely used as airspace. Hence, if Howels theory is applied, the courts will have the complex task in overtly establishing how far below the soil a landowner has rights to; with consideration to Gray and Gray (2009) who suggest that it is unlikely to be much further than 200 metres below the surface59. Furthermore, one must clearly comprehend and differentiate the fact that Spranklings commentary in Owning the Centre of the Earth60 and opinions therein reflect his thoughts on American land law which, although can be compared to Britain in some respects, cannot be applied wholly or generalised entirely to British land law .

Marketing Communication in Benetton

Marketing Communication in Benetton The advertising objectives of the two companies The advertising objective of Benetton group was to create awareness about the brand and at the same time inform potential consumers about the ideals that the company supports.Advertising We will write a custom essay sample on Marketing Communication in Benetton specifically for you for only $16.05 $11/page Learn More This strategy was supposed to evoke emotions and to attach them to the company’s brand so that consumers can see it either as an agreeable personality or as an offending one or even a controversial personality. In this strategy, the objective of the company, which was to create awareness and imprint its logo in consumer’s memory, would be realized easily. Benetton used its controversial approach to advertising as a way to appear unique among its competitors. On the other hand, the objective of Yeo Valley was to inform customers of its products and to demystify the notion that organic foods must always be expensive and only to the rich. Several theories can explain the way advertising works, and these theories are useful for understanding the objectives of the two companies and their reason for the particular advertising strategies that they chose. Theories can either be on a singular version relating to the notion of hierarchy-of-effect. They can also be considering a multiple process approach and at the same time highlight the importance of location or brand attitude as the main communication objective. Irrespective of the underlying theory, communication ideas for advertising usually require companies to include six steps in separate or combined form. The steps are to become an advocate of the product, service or cause and then learn everything about it before going on to create an ad.Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More The second one is to lear n about the target audience in conventional and specific terms that relate to the business such as their location and their opinion about the competition. The third step is to take the information learned about clients and target audience and to use it to come up with ideas and philosophies or techniques that can work. With several ideas in place, the fourth step is to expand on a few main ideas to ensure they communicate the message well. The next step is execution of the ideas and the last one is to collect feedback about the advertising. Based on the above six steps, the two companies appear to have met the criteria and this enabled them to achieve their objectives. For example, Benetton first defined its communication message and then proceeded to come up with advertising ideas that would help it create the relevant ads. The use of an internal ad team allowed it to control the process and to use ads that were coherent with the intentions of top management at the firm. The compan y collected feedback through media reactions of the ads it ran. In some cases, the feedback was bad and required public apologies from the company. Overall, Benetton could tell the success or failure of the ads by its performance in the market (Wardle, 2002). Yeo Valley also followed the steps to achieve its objective of reversing misconceptions about organic food and to promote its organic milk product.Advertising We will write a custom essay sample on Marketing Communication in Benetton specifically for you for only $16.05 $11/page Learn More It collected feedback through surveys and was able to engage consumers using social media, which helped Yeo Valley to determine whether its strategy was working or not. This came after extensive research into consumer trends and opinions on organic foods (Tiltman, 2011). Discussion on advantages and disadvantages of the advertising campaign used by Benetton for many years Benetton opted to capture social issues and h ighlight them in its advertisement for company values of promoting equality for all. When evaluating the ads in a postmodern society, they appear suiting to the characteristic of restlessness and use of an uncertain environment. They show that the company is not taking a business as usual approach and instead is trying to rearrange social power though advertising activism. In society, advertising works as a source of propaganda and people gain satisfaction when they purchase. Advertising at its core tries to sell a product by associating it with a particular socially efficacious characteristic such as what Benetton did with its â€Å"united colours of Benetton† ad campaign. The ads point to a preindustrial age where the object was to focus on events rather than objects where consumers would look at particular events such as arrival of ships and remember that it was time to make particular purchases. Today, the same would be applicable when talking of the arrival of new stock or holidays that come with massive sales from most companies (Bernardin et al., 2009). Advertising as Benetton case showed is a powerful social force but it caters mostly for mass consumers and does not actually change their attitudes and behaviours.Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More The disadvantage of the Benetton historical approach is that it was concerned with changing people’s opinions about social issues that may or may not relate to the brand (Tungate, 2007). Although the brand would benefit by staying in the news for various reasons, it also clearly demarcated itself. In one communication, it would appeal to a segment of consumers only to lose them in another communication attempt. The campaign failed to realize that people harbour different sentiments on different social issues. Thus, being controversial alienates some of its customer bases (Tiltman, 2011). The ad campaign did well in packaging people’s emotions and selling it back to them in a classic sense of what advertising is supposed to do (Wardle, 2002). Good advertising works as a mirror to society where individuals see their fears and aspirations and channel the feelings into consumer choices. Thus, by using already existing social concerns, the ads excelled because they function ed by redirecting issues that target audiences already shared. For example, some ads by Benetton used images that highlight social attitudes about poverty and homosexuality as cues to sell to people. Since the ads were using contrasting images, they were very attractive and the social nature of the contrast created enough interest to cause viewers to take more time and analyse the ad. As they did, they internalized the message and the slogan of the company. They would recall it later when making purchases. The same would happen whenever they interacted with the company slogan again. This method allowed ads by the company to remain timeless as compared to the competition (Sutton, 2009). A disadvantage of controversial advertising strategy is that provoking thoughts of consumers does not always work as expected. It can backfire not only on the company’s reputation but also on its finances. In the US, Benetton had to pay fines and it was banned in Germany (Ganesan, 2003). These outcomes can create adequate public hype about a company or a brand, but without access to particular markets, they end up being advertising funds spend for no monetary benefits in return (The Economist, 2004). The ad campaigns by Benetton were also not working because the company was relying on one strategy when pursuing a global brand building campaign. It should have recognized differing cultures, ideologies and opinions among and within countries (Percy, 2008). Disadvantages of overlooking cultural and market differences in advertising arise when words have different meanings to different people yet the company persists with one slogan and communication method. For example, the company sought to express its values of equality using images, but the same equality message would be empowering to some people and disempowering to others. Instead of noticing these differences caused by people’s culture in some countries, it went ahead to create additional ads with the same under lying message. This only worked to alienate some people from the brand. Those oppressed because of allowing equal access to dangerous people or groups in society would not take the message well (Phillips, Doole Lowe, 2008). A universal approach fails to recognize the predominant stereotype that could be influencing perceptions of equality (Pincas and Loiseau, 2008). In predominant white populations as in most of the Western world, minorities are interpreted in the mainstream according to the way the overall white population accepts and views them. Thus, in advertising, equal representation will seek to make minorities of race, economic states or cultures achieve similar standards as the dominant population. However, since the view used is the one popular with the majority, it may not capture the actual wishes of the minority. In the Benetton case, a disadvantage of its adverting approach was that, the message communicated to the majority in any particular issues was not the same as the one communicated to the minority despite the use of a universal message. For example, some African-Americans felt offended by an image of a black woman feeding a white baby, and some white people may be offended by the same image for its associated corruption of the white race. Nevertheless, these sentiments belong to minorities, but highlighted them can have a negative impact on the overall association of the ad communication strategy of Benetton (Ganesan, 2003). Although the appeal by Benetton was well intentioned, its effect could be fearful and tormenting to some audiences. The emotions evoked could linger in the target person’s memory for long after viewing the ad and can even spark social discussions on the issues to arouse additional negative emotions that will channel back to the brand. In the end, the brand becomes very popular, but rather than promote equality, it creates more animosity for those who like it against those who do not agree with its adverting pri nciples (Nan and Faber, 2004). However, there is a benefit associated with controversially separating the target community. The ad ends up creating a community of loyal followers and defenders of its ideals, which translates to brand ambassadors that act as key influencers in the rest of society and help the company to achieve its objectives of growing sales or increasing awareness without incurring additional costs. Controversy is an essential element for making advertising messages go viral (Scott Scott, 2011). Types of companies that might find the type of advertisement effective The mandate for companies to support social and environmental issues is loud and comes from increasing global consumer awareness and activism practices. Companies have to embrace social issues as part of their business growth strategies (OBarr, 2010). Therefore, embracing social issues as part of advertising can be a welcome twist that connects them well with their target consumer communities. Neverthel ess, the suitability of a given advertising strategy to controversial social issues remains limited to particular industries and nature of business together with company objectives. In this regard, the following are some of the companies that are use the model of Benetton in advertising and be effective (OBarr, 2007). Companies believing that there are only shocking realities and no shocking pictures could include advocacy and consulting companies seeking to promote corporate or individual behaviour change. Here companies seek to make subsequent images of their advertising unique so that they can be provocative and create a scandal (Moriarty et al., 2015). A company that is entering a highly competitive market can benefit greatly from shock advertising because it will be able to create a lot of buzz in a short time with a limited budget. Companies dealing in high street fashion are an example, because they need to create hype about their new clothing lines just in time for a particu lar season and use up the generated attention to make sales before rivals react to the marketing strategy (Schultz and Schultz, 2004). A company that is seeking to promote an alternative product to an addictive product is also a good candidate for shock advertising. A company that is making electronic cigarettes can use shocking images of traditional cigarette smokers or associated effects of the smoking to pass its message (Mooij and Hofstede, 2010). Another good candidate for shock advertising is a children’s home, a charitable organization or a company that is carrying out social sensitive corporate social responsibility projects such as feeding the homeless. Concordia Children’s Services, an organization from Philippines in 2008 carried out a print and online ad campaign showing pig breastfeeding human babies similar to the way it would breastfeed several piglets concurrently. The ad was controversial and included a copy message of â€Å"if you don’t help t hem, who will?† It also included a number and the name of the organization. The contrast was interesting and thought provoking just as Benetton ads are (Bashin, 2011). Analysis of Yeo Valley’s 2010 campaign The Yeo Valley’s 2010 campaign was successful in its attempt to create seek attention, create interest and drive through a particular communication to compel viewers to act in a certain way. With the hierarchy model of advertising, which contributes to the hierarchy-of-effects theory, a consumer moves through three main stages namely cognitive stage, affective stage and finally behavioral stage. An effective ad is the one that allows consumers to transition smoothly through all the three stages. Ads that fail and lose consumers in any part of the process will not succeed overall. Therefore, every part of the model is essential. In the actual hierarchy-of-effects theory, consumers move from awareness to knowledge and this are all parts of the cognitive stage (G anesan, 2003). In the Yeo Valley’s 2010 campaign, consumers already first become aware of the farmers and the musical nature of the ad and then they realize that is actually farmers who are rapping. The ad uses their knowledge of hip-hop culture of rapping and they might have seen in popular hip-hop music videos. The ad combines it with their awareness of farmers and the familiarity of a farm with its machinery and buildings. Shooting the video in a farm quickly places the ad in context. The controversial image of farmers rapping creates interest, but to sustain the interest, which comes as the next step in the hierarchy-of-effects theory, the farmers mimic actual hip-hop videos and glorify their farm equipment, their clothing and the product, which is Yeo Valley’s yoghurt. There are scenes of cows with tags and neckbands that mimic scenes in actual rapping videos where rappers show their chains and glamorous wristwatches. There is a repeated scene of a tractor lifting itself on its back wheel and excavator (Covert, 2011). The interest in the ad is sustained by actual lyrics of the ad that communicate the brand message, informing people about the culture of consuming organic milk products is cool just the way hip-hop and rap music is cool. The strategy is appealing to a young population that is the target market, and this makes the ad effective (Barker Angelopulo, 2006). The final steps of the advertising model are evaluation, trial and evaluation. The ad succeed in making customers evaluate its products, and try them from stores then evaluating the product in relation to its advertised ideals as captured by customer feedback on the ad and on social media (BBC, 2011). The source of the ad communication is Yeo Valley and its message is that the company is capable of coming up with slick products and practices that make its customers appeal cool. In addition, the company is passing on the message that it is in harmony with nature. Customers receiv e cues about Yeo Valley showing the company following natural farming practices in a passionate way to make a difference in people’s lives. The channel for communication was online video, traditional media and social media. The traditional media airing of the video helped to create awareness, while the other two channels allowed the company to benefit from the awareness through sustained word-of-mouth referrals for the ad and adequate sensitization of the brand and the product. This eventually compelled people to try the product and evaluate it (Scott and Scott, 2011). Effect of marketing communication strategy of Benetton and Yeo Valley on the society The communication strategies of the two companies create new goals for advertising because they shatter social expectations. They increase the achievement threshold of advertising by extending the scope of traditional channels and designs of communication brand awareness beyond features that already familiar to consumers. On th e other hand, the brands make it possible for companies to change consumer perception about particular social issues that go beyond a particular product or brand. Benetton succeeded in highlighting plight of the minority and needy is several aspects of conventional stereotype images. Yeo Valley succeed in changing perception of its target community about organic foods in general and to increase support for natural farming practices by dissociating the practice with wealthy consumers and instead attaching it to a sustainability cause for the environment (Acton, 2011). Advertising that breaches social norms ends up creating more fear as the ideal method of advertising and the overall effect is that companies heighten fear levels in society than may work in the short term but alienate consumers in the end. Society ends up getting used to more stimulating images and videos of advertisements and immunity to advertising increases overall. Even with shock advertising, there is always a bet ter and more effective method of arousing interest and causing scandal compared to what currently works in the market. Therefore, firm are always playing catch-up to each other, and end up desensitizing consumers on the issues that they are supposed to arouse caring feelings (Batra, Myers and Aaker, 2006). However, the advertising strategy of the two companies also demonstrates the capabilities of non-verbal communication as an effective way of penetrating particular messages to consumers without risking alienation. It also shows that advertising is merging with other traditional forms of marketing to become a continuum rather than discrete segments. With interactivity built into advertising, the society is getting powers to shape advertising by companies through real-time reactions that defend a brand or tarnish it in public. Thus, companies are able to embrace advertising as a cyclic process in their marketing communication strategy. Conclusion The marketing communication strategy by Benetton and Yeo Valley is unique because it relies on novelty of concepts and communication messages. 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