Mens Rea

2 The elements of a crime: actus reus and mens rea Introduction The traditional starting point for the study of criminal law is the constituents of a criminal offence: actus reus (often referred to as the prohibited conduct, but more accurately described as the external elements of the offence) and mens rea (often referred to as the mental element, but more accurately described as the fault element). Commentators and students alike want to ? d consistency and certainty in the application and development of the criminal law, and most criminal law textbooks dealing with the elements of crimes try to state principles that the student should see consistently applied in later chapters covering speci? c offences. The main problem is that the offences have developed in a piecemeal fashion, exhibiting no underlying rationale or common approach. Thus in examining actus reus, the student might be covering an offence de? ned in modern terms, e. g. , by the Criminal Damage Act 1971, or in obscur e outdated language, e. . , in the Offences Against the Person Act 1861, or the de? nition of actus reus may arise from the common law, perhaps amended or augmented by statute, e. g. , murder. Similarly, when we examine our approach to mens rea, we can see little common ground. If the offence requires the prosecution to prove intention, this must generally be left to the jury without detailed guidance from the trial judge (R v Moloney [1985] 1 All ER 1025); but if recklessness is the issue, a direction spelling out to the jury what they must ? d may be required. If one looks at the development of the concept of recklessness one can see that, prior to the decision of the House of Lords in R v G [2003] 4 All ER 765, a case involving criminal damage would have involved a court in trying to assess whether the defendant was reckless according to the de? nition laid down in Metropolitan Police Commissioner v Caldwell [1981] 1 All ER 961. Following the abandonment of ‘Caldwell reckle ssness’ in R v G [2003] 4 All ER 765, the issue has been simpli? d so that a court now has to concentrate on whether or not the defendant was aware of the risk in question and if so, whether or not, in the circumstances known to the defendant, it was unreasonable for him to take the risk. The elements of a crime: actus reus and mens rea 9 If dishonesty is the mens rea (see Theft Acts 1968–1996) the jury must consider two speci? c questions (would ordinary people consider D dishonest? ; if so, did D realize that they would? ); but these are questions of fact for them to resolve (R v Ghosh [1982] 2 All ER 689).In other words, there are three different approaches in establishing the mens rea for different offences. A search for consistency is therefore a futile exercise! Students should therefore be aware that studying the chapters on actus reus and mens rea can produce a distorted impression of the criminal law. One is dealing with concepts in isolation and could form th e impression that these general principles are consistently applied. One particular criticism is that the criminal law is not consistent in applying objective or subjective tests for liability. Objective tests consider what the reasonable person would have foreseen.Subjective tests judge the defendant on the facts as he honestly believed them to be. There appears to be an absence of any underlying rationale and the offences develop independently of each other. One can understand why Sir Henry Brooke (former head of the Law Commission) and many others wish for codi? cation of some, if not all, of the criminal law (see [1995] Crim LR 911—‘The Law Commission and Criminal Law Reform’). Even established concepts that have been applied by the courts for many years, may suddenly come under attack and be interpreted differently by the judiciary.Thus the House of Lords in Attorney-General’s Reference (No. 3 of 1994) [1997] 3 All ER 936, reversed the Court of Appeal decision ([1996] 2 WLR 412), holding that the doctrine of transferred malice could not apply to convict an accused of murder when he deliberately injured a pregnant woman in circumstances where the baby was born alive but subsequently died. Lord Mustill criticized the doctrine as having no sound intellectual basis and involving a ? ction, although the Criminal Law Review disagrees with his view ([1997] Crim LR 830).In this chapter questions have been chosen to cover all major aspects of this area. There are some problem questions, but candidates should expect the essay questions in an exam to be selected from these topics. Essays are therefore included on the important aspects of mens rea: intention and recklessness. Question 1 The practice of leaving the issue of intention to the jury without any judicial guidance as to its meaning is unworkable and likely to produce inconsistent decisions. Discuss this statement with reference to decided cases. CommentaryThere have been so many i mportant decisions on this important aspect of criminal law, that it is always likely to be the subject of an examination question. 10 The elements of a crime: actus reus and mens rea Because the facts of R v Moloney [1985] 1 All ER 1025 are so well known, there is a temptation simply to regurgitate them with the House of Lords’ decisions. This must be resisted as there are many ingredients in the answer, which requires careful planning and organization. In summary, this is a question where it is quite easy to obtain a pass mark but dif? cult to obtain a high grade. Answer plan Mens rea †¢ Intention—de? nition †¢ Moloney [1985]—‘the golden rule’ †¢ Woollin [1998]—direction on intention †¢ Law Commission No. 218 Suggested answer Except with strict (or absolute) liability offences, in order for an accused to be found guilty of a criminal offence, the prosecution must prove that the accused committed the actus reus of the off ence with the appropriate mens rea. Mens rea generally signi? es blameworthiness, although in R v Kingston [1994] 3 All ER 353, the House of Lords con? rmed that the accused was guilty of an offence requiring the prosecution to prove intention, although he was morally blameless.Mens rea is the mental element, which varies from one offence to another; but generally, for the more serious offences, it comprises intention or recklessness, with intention being reserved for the most serious crimes. One would therefore think that, being of such fundamental importance, intention would be speci? cally de? ned and rigidly applied, but this is not the case. There have always been dif? culties with the concept of intention within the criminal law. What is it? How should it be de? ned? How do the prosecution prove it? How does the trial judge direct the jury?These issues have been the subject of much judicial and academic debate in recent years. Although the word ‘intention’ implies purpose or even desire, there have been many diverse de? nitions by the judiciary, and commentators have also identi? ed different types of intention. First, direct intent, where it was the accused’s purpose or motive to bring about a result. Thus in R v Steane [1947] 1 All ER 813, the accused, who assisted the enemy during the war, had his conviction quashed as the court decided that he did not intend to assist the enemy; he intended to protect his family, who would have been harmed had he not cooperated.Secondly, oblique intent, where the accused does not necessarily desire the result but foresees it as highly probable. Thus in Hyam v DPP [1974] 2 All ER 41, the House of Lords upheld a conviction for murder where the The elements of a crime: actus reus and mens rea 11 accused had set ? re to the victim’s house even though the accused’s purpose had been only to frighten the victim. Because there was evidence that the accused foresaw that death or grievous bodi ly harm was highly probable the House of Lords felt justi? d in concluding that her state of mind could be regarded as a form of intent (on this matter the law is now as set out in R v Woollin [1998] 4 All ER 103—see below). Thirdly, ulterior intent, where it must be shown that in intentionally doing one act the accused has a related purpose. Thus to be guilty of burglary under s. 9(1)(a) of the Theft Act 1968, it is necessary for the prosecution to prove that the accused, when deliberately entering a building as a trespasser, did so with a speci? c related purpose in mind, e. g. , to steal or commit criminal damage. It would not be suf? ient if the accused intentionally broke into the house with the sole purpose of sheltering from the weather. The terms speci? c and basic intent, are also used in respect of the defence of intoxication to distinguish between those offences where intoxication is permitted as a defence and those where it is not (see further DPP v Majewski [1976 ] 2 All ER 142). Although there is an overlap between intention on the one hand and motive and foresight on the other, and these latter concepts assist the jury in their deliberations on intention, it is clear that the concepts are not synonymous.Motive is the reason why a person acts, while intention is his or her mental awareness at the time of the act. Foresight can be evidence of intention, but it is not conclusive proof of it. Section 8 of the Criminal Justice Act 1967 states that a court shall not be bound in law to infer that the accused intended or foresaw a result of his actions by reason only of its being a natural and probable consequence of those actions, but ‘shall decide whether he did intend or foresee that result by reference to all the evidence, drawing such inferences from the evidence as appear proper in the circumstances’.The issue of intention was debated by the House of Lords in R v Moloney [1985] 1 All ER 1025 and R v Hancock and Shankland [1986] 1 All ER 641. In the former case, Moloney shot his stepfather from point blank range and was convicted of murder after the trial judge (following Archbold Criminal Pleading Evidence and Practice, 40th edn, para. 17–13, p. 995) directed the jury that: In law a man intends the consequence of his voluntary act: (a) when he desires it to happen, whether or not he foresees that it probably will happen, or (b) when he foresees that it will probably happen, whether he desires it or not.The House of Lords quashed the conviction on the basis that this was a misdirection, Lord Bridge stating that: the golden rule should be that, when directing a jury on the mental element necessary in a crime of speci? c intent (i. e. , intention), the judge should avoid any elaboration or paraphrase of what is meant by intent, and leave it to the jury’s good sense to decide whether the accused acted with the necessary intent, unless the judge is convinced that, on the facts and having regard to the way the case has been presented to the jury in evidence and 2 The elements of a crime: actus reus and mens rea argument, some further explanation or elaboration is strictly necessary to avoid misunderstanding. Although the decision may be criticized on the ground that their Lordships missed a golden opportunity to de? ne intention, it is in keeping with the modern trend of leaving more and more issues to the jury, especially the meaning of words in common use. For example, Brutus v Cozens [1972] 2 All ER 1297 (insulting); R v Feely [1973] 1 All ER 341 (dishonestly).This decision was followed by the House of Lords’ ruling in R v Hancock and Shankland, where Lord Scarman also made the point that if intention required a detailed direction it was best to leave this to the discretion of the trial judge who would have had the bene? t of hearing all the witnesses and gauging the ability of the jury. He added that the trial judge could not do as Lord Bridge suggested and simply direct the jury to consider two questions: ? st, was death or really serious injury in a murder case a natural consequence of the defendant’s voluntary act? ; secondly, did the defendant foresee that consequence as being a natural consequence of his act? —further instructing them that if they answer ‘Yes’ to both questions it is a proper inference for them to draw that the accused intended that consequence. Lord Scarman stated that the trial judge must refer to the concept of probability—the more probable the consequence, the more likely the accused foresaw it and intended it.Despite clear House of Lords’ dicta to the contrary, the Court of Appeal in R v Nedrick [1986] 3 All ER 1 did lay down some guidelines to the effect that the jury should not infer intention unless they considered that the accused foresaw the consequence as a virtual certainty. However, this decision has attracted criticism, and the Court of Appeal in R v Walker and Hayle s [1989] 90 Cr App R 226 stated ‘we are not persuaded that it is only when death is a virtual certainty that the jury can infer intention to kill’. Nevertheless, the status of Nedrick was con? med by the House of Lords’ discussion in R v Woollin [1998] 4 All ER 103. The House, stating that where the simple direction was not enough, the jury should be further directed that they were not entitled to ? nd the necessary intention unless they felt sure that death or serious bodily harm was a virtually certain result of D’s action (barring some unforeseen intervention) and, that D had appreciated that fact. This decision also illustrates one of the dif? culties of the present approach, i. e. , when is the issue of intention so complicated as to warrant a detailed direction?In R v Walker and Hayles, the Court of Appeal decided that ‘the mere fact that a jury calls for a further direction on intention does not of itself make it a rare and exceptional case re quiring a foresight direction’. On the other hand, in R v Hancock and Shankland, the House of Lords con? rmed that the trial judge was right to give a detailed direction, even though the content of the direction was wrong. A further problem is that different juries may have different ideas as to what constitutes intention, some insisting on purpose being necessary, while others are prepared to accept that only foresight of a probable consequence is required.There is clearly the The elements of a crime: actus reus and mens rea 13 risk of inconsistent decisions and it is therefore not surprising that the Law Commission (Nos 122 and 218) have recommended that the following standard de? nition of intention be adopted: a person acts intentionally with respect to a result when (i) it is his purpose to cause it; or (ii) although it is not his purpose to cause that result, he knows that it would occur in the ordinary course of events if he were to succeed in his purpose of causing so me other result. Question 2 ‘Mens rea is, by de? nition, the defendant’s state of mind. Discuss the accuracy of this statement using case law to support your argument. Commentary This question requires examination of some of the assumptions made about mens rea and the current trends in judicial thinking. Candidates would be expected to consider the main forms of mens rea and the extent to which courts are required to take an objective or subjective view of fault. Although ‘Caldwell recklessness’ has now been effectively consigned to legal history (for the time being at least) a good answer will need to show an awareness of that decision and its impact on the mens rea debate.Consideration also needs to be given to the issue of mistake and its relationship with mens rea. Finally, the answer should encompass some consideration of negligence as a form of mens rea and the extent to which its use accords with notions of subjective fault. Answer plan †¢ The n ature of mens rea †¢ Intention—R v Woollin— House of Lords’ decision †¢ The recklessness debate R v G [2003]—abandoning Caldwell †¢ The treatment of mistake and its effect on mens rea—DPP v Morgan [1976] †¢ Killing by gross negligence—whether objective or subjective 4 The elements of a crime: actus reus and mens rea Suggested answer Although mens rea translates literally as ‘guilty mind’, relying on this as the meaning given to that term in modern criminal law is likely to lead to error. This is because a defendant may be found to have mens rea even though he himself has not acted with the intention of committing an offence, or even with the awareness that this might be the result. The better approach is to regard mens rea as denoting the fault element that the prosecution has to prove.In the majority of cases this will involve proof of some positive state of mind on the part of the accused, but in other case s it may be enough to show that the accused failed to advert to something that would have been obvious to the reasonable person. The two most important fault elements used in modern criminal law are intention and recklessness. It can now be said that, as far as these two forms of mens rea are concerned, liability cannot be established without evidence as to what the defendant foresaw when he committed the acts causing the prohibited results.Exactly what it is that the defendant has to have foreseen, and how much foresight he must be shown to have had, are questions that go to the core of the debate relating to where the dividing line between different types of subjective mens rea should be drawn. The modern de? nition of intention can be derived from a number of House of Lords’ decisions, notably R v Moloney [1985] 1 All ER 1025 and R v Woollin [1998] 4 All ER 103. A defendant cannot be guilty of murder unless he is proved to have acted with intent to kill or do grievous bodi ly harm.Where a direction on intent is deemed necessary, a jury should be instructed that they should consider the extent to which the defendant foresaw death or grievous bodily harm resulting from his actions. Only where there is evidence that he foresaw either consequence as virtually certain would it be safe for a jury to conclude that a defendant therefore intended either of those consequences. The key here is foresight. Section 8 of the Criminal Justice Act 1967 makes clear that foresight is a subjective concept—i. e. it is based on what the defendant actually foresaw— not on what he ought to have foreseen, or indeed what the reasonable person would have foreseen had he been in the defendant’s shoes. Taken together, the de? nition of foresight in the 1967 Act, and the House of Lords’ ruling in Woollin ensure that where intention is the required mens rea, there can be no doubt that it will be based on the defendant’s state of mind—i. e. , a subjective approach will be adopted. The rationale for this is fairly obvious—it is hard to describe a defendant as having intended a consequence if there is no evidence of it having occurred to him.Even where there is such evidence, if the possibility of the consequence occurring has only ? eetingly crossed his mind it would still be absurd to say he intended it. The law, therefore, requires a very high degree of foresight before a defendant’s state of mind is labelled as having been intentional. Recklessness, by contrast, implies risk taking, as opposed to the defendant foreseeing a consequence as a certainty. Here there has been great controversy over the past few The elements of a crime: actus reus and mens rea 15 decades as to the right approach to the determination of fault.The traditional approach to recklessness as a form of mens rea very much re? ected the view that mens rea had to be based on the defendant’s state of mind. In R v Cunningham [1957] 2 All ER 412, the Court of Appeal held that a defendant was reckless only if he took an unjusti? able risk and was at least aware of the risk materializing. The key point about this approach to recklessness was that there would be no liability if the risk never occurred to the defendant. Subsequently, during the 1980s a contrary view held sway, following the House of Lords’ decision in Metropolitan Police Commissioner v Caldwell [1981] 1 All ER 961.D’s conviction for criminal damage being reckless as to whether life would be endangered, contrary to s. 1(1) of the Criminal Damage Act 1971, was upheld on the basis that he had created an obvious risk that property would be destroyed or damaged; and had either given no thought to the possibility of there being any such risk, or had recognized that there was some risk involved and had nevertheless gone on to do it. The ‘not thinking’ formulation of recklessness here, clearly envisaged liability being imposed ev en though the risk in question had not occurred to the defendant.Whilst this might have been a desirable policy goal—it made it easier for the prosecution to secure convictions—it threw up many dif? cult issues. First, what of the defendant who did not think of the risk because it would not have occurred to him even if he had stopped to think? In Elliot v C (A Minor) [1983] 2 All ER 1005, a 14-year-old schoolgirl of low intelligence, who was tired and hungry, spilt some in? ammable spirit and then dropped a lighted match on the wooden ? oor of a garden shed. She was charged under s. 1(1) of the Criminal Damage Act 1971.It was argued that she did not foresee the risk of ? re, nor would she had she addressed her mind to the possible consequences of her action. Although Goff LJ stated that a test for recklessness which allowed the court to take into account the individual characteristics of the accused had much merit (a subjective approach), he felt bound by the doctrine of precedent (at that time) to follow Caldwell, and therefore concluded that the defendant should have convicted on the objective test basis, i. e. , whether the risk would have been obvious to a reasonable man.Secondly, there was the argument that ‘Caldwell recklessness’ was not acceptable as a form of mens rea because it was not based on the defendant’s state of mind. In R v Reid [1992] 3 All ER 673, Lord Keith observed by way of response that: ‘Absence of something from a person’s state of mind is as much part of his state of mind as is its presence. Inadvertence to risk is no less a subjective state of mind than is disregard of a recognised risk. ’ What he meant by this was that even with ‘Caldwell recklessness’, the court had to consider the defendant’s state of mind.But, it is submitted, this is a piece of judicial sophistry, as all that was required was for the court to examine the defendant’s state of mind an d, on ? nding ‘no thought’, conclude that he had been reckless provided the risk would have been obvious to the reasonable prudent bystander. Whilst many might have applauded Lord Diplock’s efforts to penalize thoughtlessness in terms of a social policy initiative, the real question was whether he was right to 16 The elements of a crime: actus reus and mens rea ursue this via a radical judicial reinterpretation of the term ‘recklessness’. It is signi? cant that Parliament intervened shortly after Caldwell to reform the offence of reckless driving (and therefore causing death by reckless driving) by replacing it with the offence of dangerous driving—see the Road Traf? c Act 1991. The effect of this was to make clear that the offence could now be committed without any form of mens rea that required reference to the defendant’s state of mind. Recklessness was replaced, as a fault element, by the term ‘dangerous’.Whilst it coul d and was argued that recklessness implied some conscious risk-taking by the accused, there was no doubt that ‘dangerousness’ as a fault element rested entirely upon an objective assessment of the defendant’s conduct. In other words a defendant could drive dangerously because he had a badly secured load on the back of his trailer—there was no need for him to be aware of this. In summary this suggests that Parliament liked the idea of criminal liability based on failure to think about risk, but was not comfortable with the idea that ‘traditional’ mens rea terms like ‘recklessness’ might be used to describe it.As far as recklessness is concerned the subjectivist argument has found favour again, as evidenced by the House of Lords’ decision in R v G [2003] 4 All ER 765, where it was held that a defendant could not be properly convicted under s. 1 of the Criminal Damage Act 1971 on the basis that he was reckless as to whether pr operty was destroyed or damaged when he gave no thought to the risk and, by reason of his age and/or personal characteristics, the risk would not have been obvious to him, even if he had thought about it.Lord Bingham observed that recklessness should at least require a knowing disregard of an appreciated and unacceptable risk of, or a deliberate closing of the mind to, such risk. In his view it was not clearly blameworthy to do something involving a risk of injury to another if one genuinely did not perceive the risk. R v G re? ects a general judicial trend in favour of subjectivity, as evidenced in decisions such as B v DPP [2000] 1 All ER 833.Indeed, the high watermark of this approach to fault was the House of Lords’ decision in DPP v Morgan [1976] AC 182, where it was held that if a defendant made a genuine mistake of fact—such as wrongly believing that a woman was consenting to sexual intercourse, he had to be judged on the facts as he believed them to be, not as the reasonable person would have believed them to be. Lord Hailsham made it clear that there was no room either for a ‘defence’ of honest belief or mistake, or of a defence of honest and reasonable belief or mistake.The reasonableness of the defendant’s honest belief was simply a factor relating to its credibility. The mental element in the offence of rape has now been modi? ed by the Sexual Offences Act 2003, so that rape is effectively now an offence with a fault element based on negligence. The rationale of DPP v Morgan survives, however, at common law to the extent that a defendant should normally be judged on the facts as he honestly believes them to be. As has been noted above in the case of dangerous driving, fault elements that do not require reference to the defendant’s state of mind are used.At common law this can be seen in the offence of killing by gross negligence. In R v Adomako [1994] 3 WLR 288, Lord Mackay LC explained that liability would be established if the prosecution could prove that the defendant’s conduct departed from the proper standard of care incumbent The elements of a crime: actus reus and mens rea 17 upon him, thereby creating a risk of death, and involved such a departure from acceptable standards of care as to deserve the stigma of criminalization.As was made clear in Attorney-General’s Reference (No. 2 of 1999) [2000] 3 All ER 182, evidence of the defendant’s state of mind might be useful in guiding a jury as to whether or not the negligence was gross, but this fault element can be made out without any direct evidence as to the defendant’s state of mind. Whilst this may seem to run counter to the trend in favour of subjectivity it should be remembered that it serves a useful social purpose in making it easier to impose criminal liability on companies that kill.In summary, therefore, it is undoubtedly true to say that mens rea normally does involve an examination of the def endant’s state of mind to ascertain a degree of awareness of the consequences of his actions. The law will, however, allow departures from this where the social utility of doing so outweighs the need to ensure the fairness to the defendant that ensues from adopting a subjective approach to fault. Question 3 You are told that the (? titious) Ancient Book Act 2009 has just received the Royal Assent and that s. 1 provides, ‘It shall be an offence to destroy any book printed before 1800’. Discuss the criminal liability of each party (in relation to the 2009 Act) in the following situation. Arthur owns 200 books, which he thinks are worthless. He is concerned in case any of the books were printed before 1800 and consults Ben, an expert on old books, who assures him that all the books were printed long after 1800.Arthur destroys the books and is now horri? ed to discover that three of them were printed in 1750. Commentary This is an unusual question which has caused st udents dif? culties, with many writing about the offence of criminal damage. This is a mistake as the question requires a detailed analysis of the mens rea requirement of the Ancient Book Act 2009, and in particular analysis of the concept of strict liability. In a survey by Justice referred to in an article by A. Ashworth and M.Blake, ‘The Presumption of Innocence in English Criminal Law’ [1996] Crim LR 306, it is estimated that in over one half of criminal offences either strict liability is imposed, or the prosecution have the bene? t of a presumption. It is obviously an important topic, and popular with examiners! A good answer will require a detailed consideration of the possibility of this offence being one of strict liability and the effect of this. Candidates should also consider the position if the courts decide that intention or recklessness is the appropriate mental state. 8 The elements of a crime: actus reus and mens rea Answer plan †¢ Strict liability —Sweet v Parsley [1969] †¢ Presumption of mens rea—B v DPP [2000] †¢ The exceptions †¢ Recklessness †¢ Mistake—Morgan [1976] †¢ Ben’s liability under the Serious Crime Act 2007 Suggested answer The ? rst point to note is that s. 1 of the Ancient Book Act 2009 is silent as to the mens rea requirement of the offence. This could mean that the offence is one of absolute liability (i. e. , strict liability in the sense that no mens rea whatsoever is required).Alternatively it could be a strict liability offence in the sense that intention, recklessness or negligence is only required as regards one or more elements of the actus reus. The imposition of absolute liability may be very harsh on the defendant. For example, in Pharmaceutical Society of Great Britain v Storkwain [1986] 2 All ER 635, the House of Lords upheld the conviction of a pharmacist who had given drugs to a patient with a forged doctor’s prescription, although the court found the pharmacist blameless.Whilst the decision demonstrates the inherent unfairness of strict liability, it can be justi? ed on the basis that the misuse of drugs is a grave social evil and therefore should be prevented at all costs. The ? rst case of statutory strict liability was R v Woodrow (1846) 15 M & W 404, where the accused was found guilty of being in possession of adulterated tobacco, even though he did not know that it was adulterated. Many early decisions revealed an inconsistent approach as the courts were trying to interpret old statutes in ascertaining the will of Parliament.However, Lord Reid in the House of Lords’ decision in Sweet v Parsley [1969] 1 All ER 347 laid down the following guidelines: (a) Wherever a section is silent as to mens rea there is a presumption that, in order to give effect to the will of Parliament, words importing mens rea must be read into the provision. (b) It is a universal principle that if a penal provision is reasonabl y capable of two interpretations, that interpretation which is most favourable to the accused must be adopted. (c) The fact that other sections of the Act expressly require mens rea is not in itself suf? ient to justify a decision that a section which is silent as to mens rea creates an absolute offence. It is necessary to go outside the Act and examine all relevant circumstances in order to establish that this must have been the intention of Parliament. The elements of a crime: actus reus and mens rea 19 So in Cundy v Le Coq (1884) 13 QB 207, a publican was found guilty of selling intoxicating liquor to a drunken person under s. 13 of the Licensing Act 1872, even though the publican did not know and had no reason to know that the customer was drunk; whereas in Sherras v De Rutzen [1895] 1 QB 918, a publican was not guilty under s. 6(2) of the Licensing Act 1872 of serving alcohol to a police constable while on duty when the accused did not know or have reason to know that the polic e constable was on duty. The former case was held to be an offence of strict liability, whereas in the latter, in order to obtain a conviction, the prosecution had to prove mens rea on behalf of the publican, which they were unable to do. Despite the fact that there is a presumption in favour of mens rea when a statute is silent, the courts have been prepared to rebut this presumption on many occasions.The leading case on this point is Gammon v Attorney-General for Hong Kong [1985] AC 1, where Lord Scarman set out the applicable principles. If the offence is truly criminal in character the presumption is particularly strong, but it can be displaced where the statute is concerned with an issue of social concern. Thus, in Gammon, as the accused’s activities involved public safety, the Privy Council were prepared to hold that the legislature intended the offence to be one of strict liability. On analysis these principles appear inconsistent. It could be argued that all crimes by de? ition are grave social evils, yet if the offence is truly criminal in character, strict liability does not apply. In practice, the courts have adopted a ? exible approach, but it is recognized that certain spheres of activity are always likely to attract the conclusion that this is an offence of strict liability. Thus in? ation (R v St Margaret’s Trust Ltd [1958] 2 All ER 289), pollution (Alphacell Ltd v Woodward [1972] 2 All ER 475), and dangerous drugs (Pharmaceutical Society of Great Britain v Storkwain, above) are traditional areas where strict liability has been imposed.However, it does seem in recent years that the category of grave social concern is expanding to encompass new social activity to include acting as a director whilst disquali? ed (R v Brockley [1994] Crim LR 671) and unauthorized possession of a dangerous dog (R v Bezzina [1994] 1 WLR 1057). However, the House of Lords have again emphasized the need for the prosecution to prove mens rea in B (A minor) v DPP [2000] 1 All ER 833, where Lord Hutton stated (at p. 855), ‘the test is not whether it is a reasonable implication that the statute rules outmens rea as a constituent part of the crime—the test is whether it is a necessary implication’.Further in R v Lambert [2001] 3 All ER 577, the House held that although s. 28 of the Misuse of Drugs Act 1971 required the defence to prove a defence, this only meant introduce evidence of, rather than establish a defence on the balance of probabilities. In view of these developments, it is submitted that it would be most unlikely for s. 1 of the Ancient Book Act 2009 to be an offence of strict liability, and therefore Arthur will only be guilty if the prosecution can establish that he had the necessary mens rea.As Rix LJ observed in R v M [2009] EWCA 2615, even if the provision in question is silent as to mens rea and other provisions in the statute expressly require it, the presumption in 20 The elements of a crime: actus reus and mens rea favour of mens rea will not be rebutted unless the circumstances are such as to compel such a conclusion. If the court were to decide that the offence required the prosecution to prove intention, it is submitted that Arthur would not be convicted.He obtained the opinion of Ben, an expert and clearly did not desire or even foresee the consequence that protected books would be destroyed. Arthur has made a mistake, and even if an accused makes an unreasonable mistake, in accordance with the House of Lords’ decision in DPP v Morgan [1976] AC 182, he is, in the absence of any clear statutory intent to the contrary, entitled to be judged on the facts as he believed them to be. If the court decides that the offence could be committed recklessly, it would still be very dif? ult for the prosecution to establish the appropriate mens rea. It is almost certainly the case that subjective recklessness would have to be proved—i. e. , the prosecution must show that the accused foresaw the consequence and took an unjusti? ed risk (R v Cunningham [1957] 2 All ER 412 and R v G [2003] 4 All ER 765) (although technically the latter only deals with the issue of recklessness in relation to criminal damage). As Arthur sought the opinion of an expert it is dif? cult to see how it could be argued that he was consciously taking an unjusti? ed risk.It is therefore submitted that Arthur could be guilty of the offence only if the court decides that s. 1 of the Ancient Book Act 2009 creates an offence of strict liability. Turning to Ben’s liability, if he genuinely believed the books to be of post-1800 vintage and the courts interpret the offence as requiring at least recklessness on this issue, he could not be convicted as an accomplice as he would lack the necessary mens rea. If the offence were held to be one of strict or absolute liability Ben could only be convicted as an accomplice if he knew of the facts that constituted the offence—i. . he knew the books dated from before 1800—see Johnson v Youden [1950] 1 KB 544. Alternatively, if Ben knew or believed the books to date from before 1800 he could be charged with either: (i) doing an act capable of encouraging or assisting the commission of an offence intending to encourage or assist its commission contrary to s. 44 of the Serious Crime Act 2007; or (ii) doing an act capable of encouraging or assisting the commission of an offence believing that the offence will be committed and that his act will encourage or assist its commission contrary to s. 5 of the Serious Crime Act 2007. The act in question would be giving advice to Arthur he knew to be wrong. The fact that Arthur, in destroying the books, might have acted without mens rea will not absolve Ben. If the offence under the Ancient Book Act 2009 is construed as requiring fault it will be suf? cient for the prosecution to prove that Ben’s state of mind was such that, had he destroyed the books, he wou ld have acted with the degree of fault required for the full offence; see s. 47(5)(a)(iii) of the 2007 Act.If the 2009 Act is a strict liability offence, Ben can be convicted under the Serious Crime Act 2007, provided he believed that the books dated from before 1800 or was reckless as to whether or not they did. The elements of a crime: actus reus and mens rea 21 Question 4 Gloria, Wood’s eccentric aunt, aged 57, was invited to stay with Wood and his girlfriend Mary at their property on the coast. It was agreed that Gloria would stay for three weeks and would occupy ‘the lodge’ in the garden of the Wood’s house some 30 yards away. Gloria also agreed to pay ? 0 to cover the electricity she would use in the lodge. Everything went well for two weeks, with all three sharing meals at the house. However, a change of mood then came over Gloria who decided that she no longer wanted to have meals with Wood and Mary. Gloria spent more and more time by herself at th e lodge. After 20 days of the holiday Gloria, whose physical condition had visibly deteriorated, announced that she refused to leave the lodge and was going to stay there the rest of the winter. This so enraged Wood and Mary that the next day they told her to leave immediately, which she did.Six hours later, at 11 pm, Gloria rang their bell pleading to be let in as she was cold and hungry and had nowhere else to go. Wood and Mary refused, and during that night Gloria was taken to hospital suffering from hypothermia. While in hospital, Gloria fell unconscious and was placed on a life support machine. After ? ve days she was correctly diagnosed by Dr Spock as being in a persistent vegetative state with no hope of recovery. He accordingly disconnected the machine. Discuss the criminal responsibility (if any) of Wood and Mary. CommentaryThe sensible way to tackle this question is to start with an examination of failure to act as a basis for liability. The key aspect of this will be the comparison of the given cases with earlier decisions such as R v Instan and R v Stone and Dobinson. Care must be taken to distinguish between the facts of those cases and the current problem. The facts of the question require an examination of at least three bases for liability: blood relationship, reliance, and creating a dangerous situation. Do not fall into the trap of thinking that the discussion of omission is all that is required.Candidates must establish a causal link between the omission and the death—in fact and in law. Finally, candidates will need to consider the most appropriate form of homicide. Candidates are advised not to waste valuable time considering murder or unlawful act manslaughter—they are clearly not relevant on the facts. In relation to killing by gross negligence, candidates need to devote some time to the issue of duty of care—note that this covers very similar ground to the discussion relating to liability for omission—but the decision in R v Evans is particularly helpful and relevant here.Note: Candidates are not required to consider the responsibility of Dr Spock. 22 The elements of a crime: actus reus and mens rea Answer plan †¢ Is there a causative omission? †¢ Examine the bases for liability for failing to act—statutory, contractual, and common law †¢ Distinguish R v Instan and R v Stone & Dobinson †¢ Consider R v Miller and R v Evans †¢ Consider killing by gross negligence †¢ Can a duty of care be established? †¢ Is the degree of fault required made out on the facts? Suggested answer The ? st issue to be resolved is whether or not Wood and Mary can be said to have caused the death of Gloria. As there is no positive act by either of them that causes death, the court would need to investigate whether or not liability can be based on the failure of either or both of them to prevent Gloria’s death. The question as to whether an omission, as opposed to an act, can actually cause a consequence is a moot point. Traditionally, the criminal law has always drawn a clear distinction between acts and omissions, being loath to punish the latter.Other European countries—e. g. , Greece, France and Germany—do not exhibit the same reluctance, and there is dispute as to whether the English approach is correct. See in particular the different views of Professors A. Ashworth (1989) 105 LQR 424 and G. Williams (1991) 107 LQR 109. However, apart from the numerous statutes that impose a duty to act, e. g. , s. 170 of the Road Traf? c Act 1988, it appears that the common law will impose a duty to act only in very limited circumstances.There can be no criminal liability imposed on Wood and Mary in respect of their failing to care for Gloria unless the prosecution can establish that they were under a positive legal duty to care for her. Such a duty can be imposed by statute, but that is clearly not the case here. Similarly a legal duty to act can arise from a contract between the parties. For example in R v Pittwood (1902) 19 TLR 37, where the defendant, a railway gate operator, was found guilty of manslaughter when a person was killed crossing a railway line as a result of the defendant leaving the gate open when a train was coming.In the present case it could be argued that there was a contractual relationship, in that Gloria agreed to pay for her electricity and was in occupation of the lodge, but it is hard to see how any positive duty to care for Gloria can be implied—and in any event it would be argued that the contract was only for the initial three-week period, and that it was a purely domestic arrangement not intended to give rise to legally enforceable obligations. In respect of Wood it could be argued that he was under a common law duty to care for Gloria because she was a relative.Where the relationship is that of parent and child the common law has had little dif? culty in identifying a positive l egal duty of care so The elements of a crime: actus reus and mens rea 23 that failing to act can result in liability where it causes harm; see R v Gibbins and Proctor (1918) 13 Cr App R 134. In R v Instan [1893] 1 QB 450, liability for manslaughter was imposed upon a niece who failed to care for her aunt with whom she was living, having been given money by the aunt to supply groceries. Liability in Instan was largely based on the existence of a blood relationship between the parties.This would seem to suggest that, at least in the case of Wood, there might be a common law duty to act. It is submitted that the present case can be distinguished from Instan. In Instan the defendant actually occupied the same house as the deceased, and had expressly undertaken the task of purchasing food for her, which she subsequently failed to do, knowing well that her aunt could not fend for herself. In the present case Gloria decided for herself that she wanted to stay in the lodge alone, thus raisi ng the question of whether Wood was obliged to do anything more for her than he had been doing during the ? st two weeks of her stay. Furthermore the evidence suggests that it was refusing to readmit Gloria after she had been told to leave that led to her death—raising the question of whether Wood was under any obligation to readmit Gloria. The much more promising argument for the prosecution is that a positive legal duty to act at common law arose in respect of both Wood and Mary because they had allowed a relationship of reliance to develop between themselves and Gloria. The key authority here is R v Stone and Dobinson [1977] QB 354.In that case the Court of Appeal upheld convictions for killing by gross negligence on the basis that the defendants had admitted the deceased to their house and had attempted to care for her. They then failed to discharge their duty adequately and failed to summon any assistance in discharging that duty. The court stressed that the duty to act arose not simply because of a blood relationship between one of the defendants and the deceased, but because of the reliance relationship.It could be argued that in allowing Gloria to stay Wood and Mary allowed a relationship of reliance to develop—but the present case can be distinguished from Stone and Dobinson on the grounds that Wood and Mary placed a time limit on Gloria’s stay, and Gloria left of her own volition. Thus the argument as to whether or not there is any liability for failing to act is ? nely balanced. The prosecution could run an alternative argument on the basis that when Gloria begs to be readmitted to the house Wood and Mary are aware that their expulsion of Gloria has created a dangerous situation.There is evidence that Gloria’s physical condition had visibly deteriorated. Gloria was cold, hungry, and had nowhere to go. There was evidence that Gloria was eccentric. Applying R v Miller [1983] 1 All ER 978, where the House of Lords upheld the accused’s conviction for criminal damage where he had inadvertently started a ? re and then, when he realized what he had done, simply left the building without making any attempt to prevent the ? re spreading or to call the ? re brigade, it could be argued that by failing to offer Gloria shelter, Wood and Mary committed culpable omission that caused Gloria’s death.For the Miller principle to apply, the prosecution would have to show that the defendants were both aware that their expulsion of Gloria had created a dangerous situation. On the facts this should not be too dif? cult. 24 The elements of a crime: actus reus and mens rea Assuming that the failure to care for Gloria, or the refusal to readmit her to the house, can form the basis of liability, the prosecution will have to show that this omission caused Gloria’s death. It is not necessary for the prosecution to prove that the omission was the sole or main cause, merely that it contributed signi? antly to the victim’s death (R v Cheshire [1991] 3 All ER 670). The accused could argue that the doctor’s turning off the life support system constituted a novus actus interveniens, breaking the chain of causation; but this argument was rejected by the House of Lords in R v Malcherek; R v Steel [1981] 2 All ER 422, where Lord Lane CJ stated that ‘the fact that the victim has died, despite or because of medical treatment for the initial injury given by careful and skilled medical practitioners, will not exonerate the original assailant from responsibility for the death’.It is therefore clear that the medical treatment, of itself, will not be held to have broken the chain of causation in law. Wood and Mary could be charged with manslaughter on the basis of killing by gross negligence, which, unlike unlawful act manslaughter, can be based on an omission; see R v Lowe [1973] 1 All ER 805. The key authority regarding killing by gross negligence is the House of Lordsâ⠂¬â„¢ ruling in R v Adomako [1994] 3 All ER 79, where their Lordships held that an accused would be guilty of manslaughter if the following four conditions were satis? d: (i) the accused owed a duty of care to the victim; (ii) that duty was broken; (iii) the conduct of the accused was grossly negligent; (iv) that conduct caused the victim’s death. In some cases the existence of a duty of care will be self-evident, for example doctor and patient, parent and child etc. Notwithstanding the decision in R v Instan, it should not be assumed that all familial relationships will give rise to a legal duty of care, and in any event this would not assist as regards Mary. Signi? antly, the Court of Appeal decision in R v Evans [2009] EWCA Crim 650, indicates that a duty of care will be recognized by the courts in what might be referred to as ‘R v Miller’ situations— i. e. , where the defendant has created a dangerous situation and is aware, or ought reasonably to be a ware, that this is the case. Allowing Gloria’s physical condition to deteriorate and then not allowing her back into the house might provide the evidential basis for this. The trial judge in the present case should direct that they can conclude that a duty of care existed provided they ? d certain facts established—and the trial judge should make clear to the jury what those key facts are. It is submitted that there is suf? cient evidence for the jury to conclude that a duty of care existed. The breach of the duty of care is evident in their not helping Gloria and not attempting to obtain any alternative assistance for her—they did not even call the police to The elements of a crime: actus reus and mens rea 25 advise them of the problem. The issue of whether this breach of the duty of care can be said to have caused the death of Gloria has already been considered above.The remaining live issue, therefore, is that of gross negligence. Following the House of Lords ’ decision in R v Adomako the jury will have to determine whether or not the accused’s conduct: (a) departed from the proper standard of care incumbent upon them; (b) involved a risk of death to the victim; (c) was so grossly negligent that it ought to be regarded as criminal. As later cases such as R v Mark and another [2004] All ER (D) 35 (Oct) indicate, actual foresight of risk of death by the accused is not required.The test for mens rea is objective—does the jury regard the act or omission leading to the breach of duty as being so culpable that it should be labelled as ‘criminal’? Evidence that the defendants knew they would cause harm by not acting is admissible to establish the required fault, but is not essential. Similarly, evidence that Mary and Wood had never thought about what might happen to Gloria could be admissible to show that they should not be labelled as criminals, but such evidence would not preclude a ? nding by the jury that t hey had acted, or failed to act, in a manner that was grossly negligent. Question 5Critically analyse with reference to decided cases, the reasons why the development and application of the criminal law is often unpredictable and inconsistent. Commentary Occasionally an exam will contain a question that requires candidates to take a wider view of the criminal law. This is such a question. Candidates cannot simply home in on a speci? c area and cover it in detail. Candidates must try to think of instances throughout the syllabus that can be used in your arguments to answer the question. Avoid the common mistake of interpreting the question to read ‘Choose one area of the criminal law where there are dif? ulties and write all about them’! This question has been included as it enables candidates to think more widely about the role of the criminal law within the legal system and society as a whole. Providing a good answer requires the ability to take a broad view of the syl labus—something candidates who revise topics in isolation are not always able to do. 26 The elements of a crime: actus reus and mens rea Answer plan †¢ Constant change—R v R [1991] †¢ Lack of code—Caldwell [1981], Morgan [1975] †¢ Logic v policy †¢ Role of House of Lords—Clegg [1995] Suggested answer The development of many areas of law follows a consistent and logical course.The basic foundations, their concepts and application are accepted by the vast majority, and only ? ne tuning or adjustments of these principles are required to meet new situations. Unfortunately this cannot be said about criminal law, where the debate about fundamental concepts—such as whether recklessness should be interpreted subjectively or objectively; whether a mistake of fact relied upon by a defendant should have to be one that a reasonable person would have made; whether duress should be a defence to a charge of murder—is still ongoing. One of the problems is that the criminal law is subject to constant change.It has to adapt to cover new phenomena, such as stalking, drug abuse, and internet fraud and to re? ect society’s changing social and moral standards. As the House of Lords stated in R v R [1991] 4 All ER 481, abolishing the husband’s marital rape exemption, the common law is capable of evolving in the light of social, economic and cultural developments. In that case the recognition that the status of women had changed out of all recognition from the time (Hale’s Pleas of the Crown 1736) when the husband’s marital rape exemption was initially recognized was long overdue. Similarly, the criminal law once re? cted the moral position that it was a crime to take one’s own life. Failure in such an enterprise was prosecuted as attempted suicide and could be punished. However, attitudes softened and it was recognized that such a person needed help, not a criminal trial; the law was con sequently amended by the Suicide Act 1961. The 1960s saw similar changes in respect of the law relating to homosexuality and abortion. Changes in the law can also result from a shift in ideology on the part of an elected government, or as a response to new threats to the safety and stability of society—for example legislation to combat terrorism.There is no doubt that the development and application of the criminal law would be more consistent and predictable if the courts exhibited a more uniform approach to its development. The problem is illustrated by two House of Lords’ decisions: Metropolitan Police Commissioner v Caldwell [1981] 1 All ER 961, where an objective approach to recklessness was used, and DPP v Morgan [1975] 2 All ER 347, where a subjective approach to mistake was applied. Why was it that liability for recklessness was imposed on an objective basis, but where a defendant made a mistake of fact heThe elements of a crime: actus reus and mens rea 27 was entitled (subject to any statutory provision to the contrary) to be judged on the facts as he honestly believed them to be? Commentators may argue that two different areas of the criminal law were being considered, criminal damage and rape (note that the law has since been changed as regards rape by the Sexual Offences Act 2003), but the inconsistency is still stark. At least in so far as recklessness is concerned, the House of Lords has now embraced the notion of subjectivity again in R v G [2003] 4 All ER 765, but the very fact that the legal de? ition of such a basic concept can change so much in the space of 20 years is itself startling. The Law Commission has long argued that the solution lies in codifying the law (see Law Com. No. 143) on the basis that: ‘the criminal law could then exhibit a uniform approach to all crimes and defences’. All other major European countries (France, Germany, and Spain) have a detailed criminal code, with a uniform approach providing a starting point for interpreting the law. The criminal law in England and Wales has developed in a piecemeal fashion, with one offence’s development showing little consistency with another’s.So often it is dif? cult to say what our law actually is, even before lawyers start to debate how it should be applied, e. g. , R v Savage; R v Parmenter [1992] 1 AC 699, interpreting (after over 130 years of use) the provisions of the Offences Against the Person Act 1861. A code could be expressed in clear language with de? nitions of fundamental concepts such as intention and recklessness, as suggested by the Law Commission’s Draft Criminal Code; although, as the former chairman of the Law Commission Justice Henry Brooke stated ([1995] Crim LR 911): ‘Nobody in their right mind would want to put the existing criminal law into a codi? d form’. Often the criminal law follows a logical approach in its application; but as it does not exist in a vacuum and is not simply the application of academic principles, policy considerations sometimes have to prevail. As Lord Salmon stated in DPP v Majewski [1976] 2 All ER 142, regarding the defence of intoxication, ‘the answer is that in strict logic the view [intoxication is no defence to crimes of basic intent] cannot be justi? ed. But this is the view that has been adopted by the common law which is founded on common sense and experience rather than strict logic’. Policy considerations are also behind s. (3) of the Criminal Attempts Act 1981, whereby in the offence of attempt, the facts are to be as the accused believes them to be. Thus an accused, objectively viewed, may appear not to be committing a criminal act but because they believe they are, they can be guilty of attempting to commit that criminal act, as in R v Shivpuri [1986] 2 All ER 334. There is often no means of predicting which approach will prevail. In Jaggard v Dickinson [1980] 3 All ER 716, the accused, who had been in formed by her friend X that she could break into X’s house to shelter, while drunk mistakenly broke into V’s house.She was charged with criminal damage under s. 1(1) of the Criminal Damage Act 1971, but argued that she had a lawful excuse under s. 5(2) of the Act as she honestly believed that she had the owner’s consent. Although the prosecution contended that this was a crime of basic intent and therefore drunkenness was no defence (citing the 28 The elements of a crime: actus reus and mens rea House of Lords’ decisions of Metropolitan Police Commissioner v Caldwell and DPP v Majewski in support), the Court of Appeal quashed her conviction, giving priority to the statutory provision of s. (2) of the 1971 Act. One important aspect of the criminal law process in recent years, which has caused uncertainty, is the role of the House of Lords in changing the criminal law. Clearly judges are there to say what the law is, not what it should be; but Lord Simon in DPP for Northern Ireland v Lynch [1975] 1 All ER 913 said: ‘I am all for recognising that judges do make law. And I am all for judges exercising their responsibilities boldly at the proper time and place†¦where matters of social policy are not involved which the collective wisdom of Parliament is better suited to resolve’.Thus in R v R, the House of Lords changed the law of rape, by abolishing the husband’s defence of marital rape immunity without waiting for Parliament to implement the Law Commission’s recommendations. However, their Lordships took the opposite view in R v Clegg [1995] 1 All ER 334, where they refused to follow the Law Commission’s suggestion that a person who was entitled to use force in self-defence but who used unreasonable force, thereby killing the victim, would be guilty of manslaughter, not murder.Lord Lloyd stated: I am not adverse to judges developing law, or indeed making new law, when they can see their way clearly , even where questions of social policy are involved. [A good example is R v R. ] But in the present case I am in no doubt that your Lordships should abstain from law making. The reduction of what would otherwise be murder to manslaughter in a particular class of case seems to me essentially a matter for decision by the legislature. It is dif? cult to appreciate the essential difference in issues in these two cases, despite Lord Lowry’s justi? cations in R v Clegg that ‘R v R dealt with a speci? act and not with a general principle governing criminal liability’. Clearly there is a difference in opinion amongst the Law Lords as to the correct application of these principles. This is well illustrated by the House of Lords’ decision in R v Gotts [1992] 1 All ER 832. The majority decision not to allow duress as a defence to attempted murder was on the basis that duress was no defence to murder. The minority view to the contrary revealed a different analysis. T hey argued that duress is a general defence throughout the criminal law with the exceptions of the offences of murder and treason.It is for Parliament, and not the courts, to limit the ambit of a defence; and as attempted murder is a different offence to murder, duress must therefore be available. It is submitted that these are the main reasons why the development and application of the criminal law is often uncertain and unpredictable. There are other factors, such as whether an issue is a question of law for the judge or fact for the jury, e. g. , the meaning of ‘administer’ (R v Gillard (1988) 87 Cr App R 189); the dif? culty in ascertaining the ratio decidendi of many cases, e. g. R v Brown [1993] 2 All ER 75 (consent); and the possible effect of the decisions of the European Court of Human Rights. But it is the lack of a code and uniform principles which are the main factors causing the inherent uncertainty. The elements of a crime: actus reus and me

Can a Company Eliminate Inventory Essay

Irrespective of the type of business that a company engages in, whether manufacturing, distribution or services, maintaining a certain quantity of inventory is inevitable. The quantum will depend on the operations of the company as well its policies relating to inventory storage and accounting. However advances in technology and new techniques of production have made it possible for companies to reduce inventory, albeit not eliminate it completely. Technological innovations and developments including barcode readers, asset tracking devices, inventory management software and Point of Sales (POS) systems, among others, aid greatly in reducing excess inventory. With the help of these devices a company is made aware of the exact quantity and type of stock it possesses. Sales, purchases and stock-in-progress are readily recorded and the resulting final stock value can be determined immediately. As a result, the company can identify the excess stock present and choose to either reduce production or increase deliveries to customers. This will decrease the inventory. Moreover, with the use of inventory management software, a company can plan and schedule the production process in a manner so as to manufacture the quantity of goods that will match the demand for the same. Various new techniques of production that reduce inventory, and thereby costs, have also been developed. The most popular one is the Just-in-Time (JIT) method of production or the Toyota Production System. The JIT system integrates various areas of production and management to reduce inventory and the costs associated with its storage and supervision. It relies on signals called â€Å"Kanban† that notify when the next part of the process must be implemented. Production is driven by demand and the system stresses upon such inventory-reducing methods as reducing lot-sizes, ensuring frequent deliveries and reduction of number of parts. Thus, advances in technology have allowed companies to significantly reduce their inventory. With the use of these innovations, a company can discern the actual need for inventory and plan its production and other operations accordingly. Wastage of stock as well as money will be diminished. Nonetheless it must be noted that no company can survive with zero inventory. Every company will have to maintain a certain amount of stock to continue operations without interruption. Thus, advancements in technology can help a company to reduce inventory to a large extent, but not to eliminate it completely.

Starbucks Case Analysis

Starbucks corporation| Starbucks Corporation Vision- Founded in 1971 Starbucks vision statement is;† To establish Starbucks as the most recognized and respected coffee brand inthe  world  and  become  a  national  company  with  values  and  guidingprinciples that employee could be proud of   The vision statement clearly describes the dream or the future of the company that is to be the world’s most well known coffeehouse and also to be the most appreciated and positively graded brand by all levels of people around the world. The  company also  focuses  its  vision  to  employee  satisfactions,  so  that  the employees will be happy.It was an abstract vision that reflected the vision of the founders. Mission Their mission statement from the company profile is as follows: â€Å"Our mission is to inspire and nurture the human spirit – one person, one cup, and one neighborhood at a time. † Their core competencies can b e defined as high quality coffee and products at accessible locations and affordable prices, provided a community to share in the coffee drinking experience, and variety of choices. Their mission statement includes six elements which they regard as part of their core competencies. Our Coffee It has always been, and will always be, about quality.We’re passionate about ethically sourcing the finest coffee beans, roasting them with great care, and improving the lives of people who grow them. We care deeply about all of this; our work is never done. Our Partners We’re called partners, because it’s not just a job, it’s our passion. Together, we embrace diversity to create a place where each of us can be ourselves. We always treat each other with respect and dignity. And we hold each other to that standard. Our Customers When we are fully engaged, we connect with, laugh with, and uplift the lives of our customers – even if just for a few moments.Sure, it starts with the promise of a perfectly made beverage, but our work goes far beyond that. It’s really about human connection. Our Stores When our customers feel this sense of belonging, our stores become a haven, a break from the worries outside, a place where you can meet with friends. It’s about enjoyment at the speed of life – sometimes slow and savored, sometimes faster. Always full of humanity. Our Neighborhood Every store is part of a community, and we take our responsibility to be good neighbors seriously. We want to be invited in wherever we do business.We can be a force for positive action – bringing together our partners, customers, and the community to contribute every day. Now we see that our responsibility – and our potential for good – is even larger. The world is looking to Starbucks to set the new standard, yet again. We will lead. Our Shareholders We know that as we deliver in each of these areas, we enjoy the kind of succes s that rewards our shareholders. We are fully accountable to get each of these elements right so that Starbucks – and everyone it touches – can endure and thrive Competitive advantageThe advantage a business has over its competition which allows it to reap greater profit margins, retain customers and remains sustainable is referred to as its competitive advantage. Businesses have to have some form of competitive advantage to be successful in the long run. Competitive advantage can take one of three forms that reflect basic customer values: customers want goods and services (1) better, (2) cheaper and (3) faster. These forms of competitive are known as (1) differentiation, (2) cost leadership and (3) quick response respectively.Research has proven that having some form of competitive advantage increases profitability of a firm , having two forms combined leads to highest profitability and firms that have neither form perform poorly or generate just ‘normal’ profits. Competitive advantages that are gained because the pioneer was on the first to enter a market are sometimes called ‘first movers advantages. ’ The three forms of competitive advantage are described below Differentiation Creating a unique bundle of products and/or services that will be highly valued by customers constitutes competitive advantage based on differentiation.Product features, after-sales service, desirable image, technological innovation, reputation, manufacturing consistency, status symbol are attributes that can differentiate products. Each of these features can be considered a form of quality. Differentiation allows firms to reap higher-than-typical returns because competitive rivalry maybe lessened as firms successfully distinguish themselves; brand loyal customers are less price sensitive, new entrants entering the market have to overcome the barriers to entry.However, if many firms adopt a differentiation strategy then they are all perceived a s equals and specialists operating in niche markets may be more successful at differentiation and a continuous attempt to stay ahead of customers may result in ‘gold plating’ ( the development of features which are not valued by consumers but add to the price). Successful differentiation depends on (1) understanding what customers value, (2) being uniquely able to provide that value, and (3) being able to charge a premium price for it.Cost leadership This competitive advantage requires achieving a low-cost position relative to one’s competition. Classic cost leadership strategy involves creating a no-frills product aimed at the most typical customer in a large target market. Standardization of products and services is looked for in cost leadership and targeting a large market segment for these standard products allows for mass production techniques which create greatest possible benefits from economies of scale and experience curve effects.Cost leadership address es competitive forces in the following ways; holding the low-cost position convinces rivals to hold a price war, low-cost producers are protected from customer pressures of lowering prices, because of higher margins low-cost producers are better able to withstand pressures from increasing in suppliers’ costs, barriers to entry exist for new entrants and manufacturers use price to threaten substitute products. However, cost leadership has some drawbacks namely ; cost leadership can be called an ‘all-or-nothing strategy’, cost cutting that leads to loss of desirable roduct attributes can be ruinous, it is easily duplicated by competitors, and dedication to cost cutting limits a firm’s abilities to remain competitive in other ways. Use of an effective cost leadership strategy depends on careful monitoring of a firm’s internal operations and its customers’ need. Quick response This form of competitive advantage stresses on the provision of the qu ality and cost the customer wants faster than the competition does. Quick response refers to the speed with which a new product, a product improvement, or even a managerial decision that affects the customers can be made.It is a way of looking at a firm’s flexibility. Competitive advantage can be achieved through quick response in which such as faster development of new products, customizing products, improving existing products, delivery of ordered products,, adjusting marketing efforts, answering customers’ questions. Firms with quick response can avoid head-to-head rivalry, faster forms can charge a premium pricing, faster firms encourage quick response from suppliers, and quick response deals with the threats of new entrants and substitute products by leading in innovation themselves.However it must be kept in mind, speed is not equally important to all markets or customers, speed creates stress, and speed for speed’s sake does not create competitive advanta ge. Starbucks Competitive Advantage Starbucks competitive advantage is a mixture of differentiation and quick response. Since their coffee is priced at $4 a cup; they are clearly not competing on costs here. In fact at Starbucks’ it’s the opposite. The brand image that has been created due to the strong differentiated marketing efforts, the ambience of their outlets has created a brand loyalty in Starbucks customers.They are willing to pay a premium price because they feel they are having the best coffee made with the finest quality ingredients. Starbucks achieved the first movers advantage as they were among the pioneers of coffee houses in America, also they have maintained their leadership in the market by launching new variants and varieties faster than competition does and have upgraded their menu from time to time. Their supply chain is integrated vertically and horizontally allowing for a faster response time among suppliers and with customers. They have used el ebrities to endorse their brand further enhancing their differentiation strategy. Because Starbucks has successfully differentiated itself, developed a strong brand following, has opened up outlets to cater to their target market both in U. S. A. and globally, has always strived to serve its customers faster, and focused on innovation, it is able to reap higher-than-average returns. They have also been quick in realizing their failures as the case mentions them closing down stores that were not functioning. Thus this shows that the corporation is quite flexible in its operating decisions.Starbucks Corporate Strategy- how they have used it to create a successful business model The corporate strategy for Starbucks was an expansion strategy based on opening new outlets in U. S. and expanding overseas. Operations: They looked for diversification and vertical and horizontal integration to maximize control over their supply chain and maintain satisfied customers. They launched new product s and variants to maintain their leadership in the market. A differentiation and quick response strategy is used. HR: Starbucks looks for diversity in its employees.They employ people from various backgrounds and give them independence and freedom to make decisions. This has enabled Starbucks to address customers faster and reduced their response time. Also hiring people form diversified backgrounds helps them in their expansion strategy and improves their communication in new countries of expansion. Marketing: Their marketing has always been coffee centric. They have strived to create a strong brand identity and brand loyalty. Starbucks is not just about coffee. It is about providing that experience of comfort, socializing and happiness. This is what they build on.The firm has been successful in maintaining premium pricing because of the creation of a brand image that allows for it. Finance: The expansions have been sensible and not based on intangible goodwill or long term debts. The firm has invested a lot in fixed assets and their debt to asset ratio is low. The management started closing down low operational stores; instead of letting they operate at losses, indicating the management’s concentration on financial efficiency and having good financial ratios. The following strategies have enabled Starbucks to maximize its reach to its consumers by opening up different outlets globally hich have lead to market development and increased profitability. Starbucks expansions have all been well financed and done sensibly. Also their quickness to act in areas where they were reporting losses further shows that their Corporate strategy has lead to successful business development model. The product variety offered at Starbucks has enabled it to remain market leader thus showing that R&D efforts are paying off. The exceptional customer service due to the employment of a diversified labor force has facilitated business expansion and increased the size of the pie for Starbucks.Starbucks thus has transformed the image of ‘coffee. ’ The strong brand loyalty supported by a well managed expansion plan which allows them to be present where their customers want them has made the business a success. Need analysis A need analysis is the process of identifying what the users need and want. It related to the goals, inspirations and objectives of the users. Following shows the factors that contribute to customer satisfaction at Starbucks. Thus Starbucks needs to discover what consumers want regarding the product quality, price and service.Following are SWOT ands PESTLE analysis of Starbucks which give a clearer picture of the strengths and environment within which the firm is operating. SWOT Analysis Strengths †¢ Brand recognition and consumer loyalty †¢ Diverse product portfolio catering to all tastes and ages, including non? coffee beverages and food items †¢ Excellent customer service and the value of the Starbucks exper ience †¢ Licensing relationships with top? brands such as Pepsi? Cola and Kraft that minimize costs and leverage the strategic advantages of those companiesxviii †¢ Strong employee relationships Economies of scale providing superior distribution networks and supplier power †¢ Primly? located retail stores †¢ Positive image attributed to socialresponsibility Weaknesses †¢ Pay 23% more for coffee than market prices †¢ Saturation of the market diminishes long? term growth prospects †¢ No monetary switching costs for consumers †¢ Negative large corporation image †¢ Potential limitations of international expansion due to cultural clashes with American coffee experiences. Opportunities †¢ Have the ability to reduce premiums paid for coffee Room forinternational expansion (78% ofrevenues came from the United States in fiscal 2007 and international same? store sales growth is strong)xix †¢ Room to compete on multiple fronts including qu ality and price †¢ Increase licensing relationships to further utilize brand strength to capture profits at little cost to the company Threats †¢ Increasing coffee and dairy prices †¢ Intense competition in the specialty coffee beverage business †¢ Unfavorable economic conditions that lowerthe demand for expensive beverages †¢ Community resistance to store expansion The possibility that the demand for specialty coffee is a fad †¢ Diverging from the Starbucks experience †¢ Further diversification of fast food restaurants that cuts into market share. PESTLE ANALYSIS The PESTLE analysis of Starbucks. Political: Taxation policy High taxation imposed on farmers in those countries producing the coffee bean will usually mean Starbucks pay a higher price for the coffee they purchase. Any fluctuations in taxation levels in the industry are almost certainly ultimately passed on to the consumer Deregulation A decade ago, the USA pulled out of the ICA (interna tional Coffee Agreement) hat set export quotas for producing nations and kept the price of coffee fairly stable. Coffee quotas and  price controls ended. Since the deregulation farmers have suffered and their earnings have dropped. Many have struggled to make a living so have given up. International trade regulations/tariffs – Trade issues will affect Starbucks predominantly when exporting and importing goods. When another country's government imposes a tariff it not only results in an efficiency loss for Starbucks but large income transfers can become inconsistent with equity. This extra charge can turn a bargain into a rip-off.Also, since 9/11, trade relations have been adversely affected between the USA and some other countries. International  stability The international economy must be brought into  consideration as it can affect Starbucks' sales and markets. The aftermath of 9/11 was an example of an economic downturn that affected the world market. If the world ma rket is in a slump it is not usually the ideal time for a  business to look at grand expansion. Employment law A reduction in licensing and permit costs in those countries producing the coffee bean for  Starbucks would lower production costs for farmers.This saving would in turn be passed on to the purchaser. Economic: * Interest rates – A rise in interest rates means investment and expansion plans are put off resulting in falling sales for Starbucks and their suppliers. Also mortgage repayments rise so consumers have less disposable income to spend on luxury  products such as coffee. Low interest rates should have the opposite effect. * Economic Growth – If growth is low in the nation of location of Starbucks then sales may also fall. Consumer incomes tend to fall in periods of negative growth leaving less disposable income.Consumer confidence in products can also fall if the economic ‘mood' is low* Inflation rates – Inflation is a condition of incr easing prices. It is measured using the Retail Price Index (RPI) in the UK. Business costs will rise for Starbucks through inflation, as will shoe-leather costs as they shop around for new ‘best prices' of  materials, menu costs will rise as Starbucks have to create new price lists. Also, uncertainty is created when making decisions not least because inflation redistributes money from lenders to borrowers. Competitors pricing – Competitive pricing from competitors can start a price war for  Starbucks that can drive down profits and profit margins as they attempt to increase, or at least maintain, their share of the market. * Globalisation – Globalisation of the coffee market has meant farmers of the bean now earn less money than they used to. This can result in a decrease of people willing to do it for a living, which will mean a decrease in coffee produced, resulting in a drop in Starbucks supply levels and probably profits. * Exchange rates – Starbuc ks are affected by exchange rates when dealing with international trade.If the value of the currency falls in the country of a coffee supplier  this enables Starbucks to get more for their $ or L when importing the goods to their  country. This saving can be passed along to the customer. Exchange rates are forever  changing throughout the world in today's market. Social: Population demographics – Population demographics are a very important factor for  Starbucks as they identify what parts of the population they need to aim their products at or which parts of the population they need to encourage to visit their stores more than they presently do.Looking at the table in the case study demonstrating the  percentage of the age groups that drink coffee or specialty coffee it can be seen that the age groups that Starbucks should be aiming their marketing at are the people  between 35 and 54. They should consider targeting the 18-24 age group as they drink  the least amount comparatively and by encouraging this segment to choose Starbucks coffee now, there is a chance they may continue to drink it long into the future.Income distribution – Where income is distributed is another factor that Starbucks should look at as this also demonstrates the ideal place to aim their marketing or to locate their stores. Coffee is more of a luxury product so it is those people/places with the most amount of disposable income to spend that should be targeted the most intensely. * Attitude to work – Starbucks would not want to locate to an area where the local  population have a poor attitude to work. Recruitment would be difficult, training arduous, and staff turnover would be high. Attitudes to work are important in other  ways.A large number of workers in large cities now go out for their lunch rather than use an internal canteen. Starbucks can use this to their advantage and promote the shop as a place where people can meet up and so it will mean that they will get alarger amount of people in their stores at this time of the day. * Standard of education/skills – When Starbucks are deciding upon new premises they must look at the standards of education and skills locally. They must be sure there are  people who live there with sufficient skills to ensure successful operation of the  business, or at least the potential to learn that comes with a good education. Working conditions/safety – Those people with the most disposable income, e. g. young single professionals etc, will be accustomed to high standards. Starbucks must ensure its shops are clean and comfortable, service is of the highest order and health and safety issues are fully addressed * Location – Transport needs to the premises must be considered for both staff and customers. Easy access is vital to ensure there is no excuse for staff to arrive late or  for customers not to visit. Age distribution – Research shows the average age of the population is getting older  and birth rates are stagnating. Starbucks is presently aiming it's product at young  people but maybe these views will change in the long-term as the market proportion for young people diminishes. The most profitable way forward may be to widen their  target market despite the risk of alienating present customers. * Health consciousness – Good health and foodstuffs associated with healthy living are important I today's market place, as this is a trend that is occurring at the moment in western societies.Starbucks can use this information when deciding the additional  products to sell, as well as coffee, as a large number of their customers are looking for  healthy alternatives to cakes and biscuits, which have been associated with coffee in the past. Technological: * IT development – Starbucks is always looking to develop and improve its Internet facilities. Starbucks launched its first-generation e-commerce Web site in 1998. In late1999, Starbucks decided the site needed a major upgrade to enable new functionality and prepare for long-term growth.To achieve these goals, Starbucks upgraded to Microsoft Commerce Server 2000, one of the key Microsoft . NET Enterprise Servers. As a result, scalability and performance have improved, and the company now has the tools it needs to profile and target customers, analyze site data, and deliver new features to the market in the shortest time possible. * New materials and processes – Developments in the technology of coffee making machines and the computers that Starbucks use to run their cash registers will enable their staff to work more quickly and efficiently.This will result in customers being served quicker and create the potential to serve more customers in a day. This will  prevent customers from having to wait around for long periods thus improving customer relations along with increasing the customer base. * Software upgrades – In th e short-term, Starbucks must identify the most efficient software upgrades to use to keep up with the competition. This applies to the improving the accessibility of their website (www. starbucks. com) and also improving the speed and quality of the service provided on the shop floor. Research and Development activity – As a multi-national business empire, Starbucks has the budget and the resources to have a cutting-edge R+D department. The website is very accessible, the facilities are state of the art but more importantly new ideas are consistently being tried in terms of a constantly updating menu. * Rate of technological change – The rate of technological change in the current world market is high, much higher than, say, thirty years ago. Much of this is down to the Internet and the speed with which information can be communicated around the globe.Starbucks will need to invest heavily just to stand still in their ever expanding and developing market, and even more so to try to stay ahead of competitors. Legal: * Trade and product restrictions – Starbucks need to be aware of the trade laws in the various countries they occupy and do business with. They need to ensure they are not in violation of e. g. , religious laws. Also, certain countries impose a tariff that has to be  paid when goods are imported/exported so this must be taken into account. * Employment law – Each country has varying employment laws.Some may have aSabbath day, diwali,some may have a limit on the number of hours an employee may work  Ã‚  per week, all will have varying levels of minimum wage. Starbucks should consider  these factors when deciding on relocation. * Health and Safety regulations – Starbucks may find these regulations are not as stringent or well enforced in certain countries. It would be wise though to enforce universally high standard of health and safety throughout all it's shops to maintain a good global image and ensure all law s are abided by.Also, by not maintaining high standards they will be liable for a large amount of civil cases as it is a legal requirement for them to enable that their staff and customers are safe when they are intheir stores. * Monopolies commission – If Starbucks consider expanding their operations further  to control an even larger percentage of the market than they already have they will have to consider the possibility of breaking monopolies legislation as they may have a share of the market that is too large. This would mean that they would have unfair  advantage over other companies in the same market.This would mean that they could  benefit from economies of scale and would also be able to charge prices that were not competitive in the market and get away with it due to the lack of competition. * Land use – Starbucks may have to abide by local planning regulations when building shops or altering purchased sites, as certain areas of land may be protected or  unsuitable. All matters would be addressed by the local government. Environmental: Pollution problems – Starbucks customers create a lot of waste as they often leave the shop with their cup of coffee and then dispose of it in the street.The packaging for  this cup must be carefully considered to make it as biologically degradable as  possible. Certain other materials can be very harmful to the natural environment. * Planning permissions – Planning permission may not be granted if Starbucks wish to  build in an area that could be harmful to the environment. The land may be protected. * Work disposal – Starbucks need to carefully consider the methods in which they dispose of their waste as there are strict laws in most countries to ensure a firm trading in their country disposes of the waste that is created in their business in a specific and efficient way.If they do not follow these laws they may find themselves being sanctioned, which not only affect s them financially but also tarnishes the reputation of  the brand name, as most of the waste created will bear the logo of Starbucks. * Environmental pressure groups – Starbucks should be aware of the physical and influential power of groups such as Greenpeace and Friends of the Earth. Any violation of animal or environmental rights by a company is usually followed by a swift and attention-drawing protest from one of the groups.Brand image and customer bases are often irreconcilably tarnished due to the actions of these groups Porter’s five forces Barriers to Entry: Medium-High –  Low  capital requirement:  It can be varied depend  on  the location, but  it would be safe to say  coffee industry   still  requires low capital compared to other industries. –  Little  product  differentiation: It is difficult to establish a certain unique flavor for coffee. – can be offered at restaurants which normally don’t serve cof fee as a beverage; this will allow for even lesser investment.Threat of Substitutes: High – Soda, fresh fruit juice, healthy juice for drink and tea are all direct substitutes for coffee. – Alcohol drink- beer, wine,  cocktail,  and more can be indirect substitutes. ( Alcohol drinks will be sold in only a few selected places,  so it is  too early  to  get rid of alcohol drinks in the threat of substitution part. ) Bargaining power of Buyer: Medium-high – Even though the price goes up, the buyers who like only  Starbucks would still come. The brand has generated enormous brand loyalty.   Buyers can  buy their coffee from various  places: Starbucks has their stores  all over the nation, so as other major companies do. Buyers have a lot of substitutes to choose from. Supplier Power: Low-Medium – Starbucks is a global coffee chain and many suppliers are eager to work with them. The company has successfully established vertical integratio n to make suppliers loyal to its supply chain. –  It can be problematic if  a certain product  suppliers raise the price of their product, such as green tea powder or coffee bean.Although Starbucks decided to  change their suppliers because it still takes some time to inform  to the customer and price changes will be inevitable. Industry Rivalry: High –  Many companies: Coffee Bean, Mcdonald's, Dunkin Donuts, and local  cafe. –  Also; McDonald’s had started an advertising attack aimed directly at Starbuck’s saying ‘$4 coffee is dumb. ’Thus; rivalry was high. –  Many people started to look for  more  healthy  and fresh  juice instead of coffee, so there is little chance that demand is growing at the same rate as it was earlier.

Case study anaylsis ( marketing management) Essay

Case study anaylsis ( marketing management) - Essay Example Another weakness for SCAD is the company’s lack of diversity. Presently, the company deals with one product hence; it is likely to face challenges in case of inflation, or immense competition. The company has various opportunities that can improve its status. Since estimates show that that company grows at about 30 percent every year planning (Ferrell & Hartline, 2011). It is possible to lay succinct strategic plans to help the company do well in future. Proper strategic plans will aid company operation even in times of inflation. The UAE economic growth is an opportunity the company can utilize by ensuring product quality and diversity. The threats the company faces emanate from the likely competition from other emerging companies. The two companies are diverse in terms of super car sales contrary to SCAD which lacks diversity. However, the companies are devoid of experience and adequate finances planning (Ferrell & Hartline, 2011). The lack of proper plans and management is a threat to the company’s effectiveness. SCAD lies in the star section due to its present share in the market. In the UAE market, the company is the leading due to low competition from other companies. Jumeirah motors and Al Ameri cars lie on Dogs quadrant planning (Ferrell & Hartline, 2011). This is because the two companies are new in the market. In order to improve the condition, the companies will require adequate input. Such actions include market strategies aimed at improving brand name and market segment. The questions quadrant indicates opportunities which are not utilized planning (Ferrell & Hartline, 2011). The quadrant characterizes units with low market share but high growth rate. The cash flows portion shows units with a large market segment, although the growth rate is slow. The quadrant displays presence of low opportunities for development. The unit requires a small input to improve its status. SCAD should lay strategic plans responsible for helping the

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Soul Individualism - Essay Example Historically speaking, human life revolved around the idea of serving the divine being to gain worldly profits and satisfactory existence. A number of practices like human sacrifice for the sake of making the divine being happy are clear indicators of the fact that humans societies of the past were willing to go to any extent merely for the purpose of satisfying the blood thirsty nature of the divine being; and the fact that divine being is satisfied by bloodshed was merely their own thought with no solid proof behind. The concept of soul originated to explain a number of phenomena that could not be explained by ordinary means. The perception that soul is not destroyable appears to be a modern way of explaining the concept of soul. Human beings as individuals have been considered to be the embodiments of soul; every soul being enclosed within the body till the time of death; death being a state that results due to separation of body and soul. The coexistence of body and soul provided existence to an individual; the individual in turn possesses a self. In ancient languages like Hebrew, a word to explain ‘essential self’ is lacking; the self that could survive death (Watson 143). Politically speaking, around 510/509 BC, the Roman law manifested a number of changes that were more inclined towards preserving the rights of individuals rather than the divine being or the state (Watson 154). Law was becoming more and more powerful whereas the concept of depriving the ruler of unlimited powers was gaining pace. With the promotion of the concept of accountability, the individuals were gaining more and more power, and the system to run the state was becoming more and more humanistic. The conditions which led to the rise of the west appear to be similar to these conditions. In America from example â€Å"democracy was established on the western shores of the Atlantic and–equally important–that it was similar from community to

Boeing 727 Research Paper Example | Topics and Well Written Essays - 750 words

Boeing 727 - Research Paper Example The company stopped its manufacturing in the year 1984 after the introduction of more sophisticated aircrafts. The total aircrafts so far produced were around 1832. The record sales of Boeing 727 jet airliner had broken all previous records of commercial sales (Connors, 2010). Boeing 727 had the privilege to become the best selling airline in the history of aviation. Although Boeing 737 has crossed the sales ever recorded, but Boeing 727 holds a permanent place in the history of aviation as one of the most significant airplanes whose role in the development of Global Transportation System is unforgettable (Connors, 2010). Apart from domestic medium range flights, Boeing 727 created a niche the world over and fame amongst the international passenger airliners. The range of flights, the airliner could cover with additional third engine meant that Boeing 727 proved efficient service concerning short and medium range international flights in many areas around the globe. Prior to its oper ations, four engine jet airliners were required for crossing the oceans (Connors, 2010). One can gauge its performance capabilities with the factor that 727 were used as cargo airlines and charter airlines with famous service providers thus found a secondary market. Take the example of FedEx, the largest courier service of the world, introduced this fleet in the year 1978. This has played a vital role in the business of FedEx until its replacement with Boeing 757 for their courier service due to promulgation of noise regulations in the United States of America. For decades, Boeing was considered as workhorse by the major cargo airliners. However, services of Boeing 727 are still available for passengers in those countries, where noise regulations have not been introduced so far (Eden, 2008). Further, Boeing 727 proved to be a popular airliner, which serves on the airports, having lightly improved runways. Others used it to transport passengers to picnic resorts and cruise and vice v ersa. Carnival Cruise Lines is the best example of using 727 and 737 to transport their passengers to cities who took abode on their ships. Nowadays, Con Air, currently using in place of 727 aircrafts to transport prisoners to and from prisons, detaining centers, courts and other places where they are required to be transported (Eden, 2008). In the year 1971, some structural changes have taken place to enhance by placing therein more powerful engine, extended fuel capacity in its latest feature of Boeing 727-200. This had improved its range capability, efficient runway performance with a new wide body look (Norris & Wagner, 1999). This has further improved by inserting another gross weight boost from its minimum 77,122 kg to maximum 86,600 kg. In the year 1972, it has further increased to 208,000 together with the purchase of three heavy weights. The highest gross weight of 727 was raised to the level of 95,300 kg (Norris & Wagner, 1999). Boeing 727 was declared as one of the best s elling commercial airliners in the history of airline in 1972. In the year 1983, orders reached up to the mark of 1,831. With the passage of time, the Boeing 737 surpassed all the previous records it made, nevertheless 727 still holds a dominant place in the history of aviation. The most significant role played by this airliner created a lasting impression in the promotion of aviation business (Connors, 2010). Boeing 727 aircrafts

Analysis of Strategic Factors for Microsoft Corporation Research Paper

Analysis of Strategic Factors for Microsoft Corporation - Research Paper Example Political/legal forces: Microsoft Corporation runs the risk that its business may be affected by changes in the political landscape of the U.K. However, the political climate of the UK is quite business friendly and this is really not a problem. Moreover, new legislation on tax may come into force. This may have a direct impact on Microsoft Corporation. Value added tax recently witnessed a decline. This is good news for Microsoft Corporation as it means that more customers can now shop for Software given that they will be paying less tax on consumption. Moreover, there has been a renewed increase in environmental protection. This may lead to new environmental legislation that may have a direct or indirect material adverse impact on the operations of Microsoft Corporation. Economic Forces: The main economic forces that may affect Microsoft Corporation include fluctuations in interest rates, which has been the case in the UK recently. Interest rates have fallen significantly recently inducing consumers to spend more. Higher inflation means that the cost of inputs will be rising. Exchange rate fluctuations indicate that cash flows denominated in foreign currency are unstable. Prices of inputs sourced from abroad will be unstable as well. The Great British Pound has depreciated significantly against major currencies such as the euro and the dollar. On the one hand, this is good news for Microsoft Corporation given that tourists from abroad can spend more on Software in the UK. On the contrary, it is bad news to Microsoft Corporation in that the prices of foreign inputs in terms of Great British Pounds will be higher. Fluctuations in GDP have an impact on consumer spending. Increasing GDP indicates that consumers can spend more while decreasing GDP indicat es that aggregate demand will drop which will reduce consumption of Software. The global recession has also affected a number of industries and Microsoft Corporation may have witnessed a decline in the demand for its products as well as a decline in funding for its projects.

Womens Involvement in British Imperialism Essay

Womens Involvement in British Imperialism - Essay Example Consequently. This school of thought was much against the political freedom and equality for women. However, another band of feminists advocated for political equality, though they firmly believed in the superiority of the white race. This school of thought believed that whites were on a civilizing mission in the world through their imperialistic conquests. Despite support to racism and imperialism, they struggled for their political liberty. The third category of influential women was the suffragettes who discarded the principles of imperialism and considered it as a hurdle in the attainment of complete liberty and equality, in terms of race and gender. Campaigners for the same cause had very different perspectives, notions and tactics. (Imperialism and Gender, http://www.leedstrinity.ac.uk/histcourse/womwn/hannam/hancore.htm#part 3) Suffrage and imperialism had a very ambivalent relationship - many feminists were arch-imperialists and racists, partly because they felt that the raci al hierarchy might outweigh the sexual one, but some saw discrimination against women and the fundamental racism of colonial society as two sides of the same coin. As Du Bois and Karl Marx emphasized, capitalism has been an international system from its very beginning. The methods of operation start from identifying cheap labour, exploiting natural resources and finding the right band of consumers to sell these products. This exploitation took the form of colonization way back, a sophisticated version of slavery and plunder. Imperialism is not a stage, not even the highest stage of capitalism, it is inherent in capitalism. Imperialism is the systematic appropriation of cheap labour, resources and markets of less developed regions and countries to satiate the profit-making tendencies of the ruling regions, mostly the developed countries. Historically speaking, imperialism has racial overtones. There are various instances of racial and cultural discrimination by imperial powers. As imperialism ramified and reached a stage further, it did something that can be called one of the biggest problems that humankind has been confronted with - the overwh elming polarization of the world that has made only a small portion of the entire world population as the real beneficiaries of the utilities and facilities. Colonialism was not a phenomenon that emerged overnight as a conscious policy of Britain. As J.R. Seely, the famous historian remarked, " It happened in a fit of absence of mind." Sometimes the flag followed the trade and sometimes the trade followed the flag, but the flag ended up just about everywhere. What began as an economic quest, became a political ambition and finally an imperialist realization. The British regime was one of the most powerful imperial power till the mid 1900s. In fact, it ruled the seas! There was a time when imperial history lacked a perspective on its various dimensions. With more research and academic insights into the subjects, several complicated and convoluted observations and analyses have been made. The former perspective was very congenial to the promoters of the empire. However, it came under radical attack by liberalists like Hobson and was seen as the cause and consequence of several events and phenomena. The British hegemony was not limited to political and economic expansions, but also had a cultural dimension to it. The spectrum of cultural diversity started fading and a focus on cultural imperialism found representation.

The Answer Essay Example | Topics and Well Written Essays - 250 words

The Answer - Essay Example Franchising is basically an act adopted by organization to help in the growth of a company. Franchising is basically considered an alternative business strategy to raise extra capital for growth. To avail a franchising opportunity, it is not a requirement to incorporate, any particular individual either incorporated or not, can avail the franchising opportunity. The franchiser is basically very much willing to give out its franchise to anyone who meets the franchiser’s requirement. Once the requirement are complete, the franchisee can avail the franchising opportunity. the usual requirements are the payment of the initial capital sum, the sharing of profit clause, the system and business method as imposed by the franchiser, etc. Franchising can be seen as a prospective venture for both the franchiser and the franchisee with no capital investment for the franchisee and increased profits for the franchiser by only forwarding the brand name. The only issue with franchising is tha t large multinational organizations offering such franchising offers are really strict when they are choosing any particular franchisee.

Smoking Among the Youth in Saudi Arabia Essay Example | Topics and Well Written Essays - 1750 words

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Is Advertising a Barrier to Male Movement toward Gender Change Coursework

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American foreign policy Essay Example for Free

American foreign policy Essay Foreign policy refers to the strategies that governments employ to guide their actions towards other countries. The U. S. foreign policy is founded on the principles of democracy and tenets liberalization (Goldstein, 2003). The U. S. foreign policy takes into account issues of human rights, economic growth and development, terrorism and environmental degradation and addresses them as challenges that can best be addressed through democracy in countries and institutions throughout the world (Goldstein, 2003). The U. S. foreign policy has undergone significant transitions that match different historical periods in the world that include the World War I, the World War II, the Cold War, the post Cold War period and the September 11, 2001 terrorist attacks. The United Nations and the United States are arguably the most influential players in the international system as well as in the global political economics as a whole. Having been formed with the main objective of promoting and achieving sustainable peace in the world, the United Nations remains the most dominant and most influential International Governmental Organization in the world (Roberts Kingsbury 1994). In theoretical terms, the fundamental significance of the United Nations as well as the operational challenges faced by the institution are illustrated in the theory of realism which states that â€Å"there is no world government, or political authority above the state, a situation that ultimately reduces the international system to absolute anarchy with the absence of any overarching political body with the capacity to enforce law and order among its members or nation states† (Roberts Kingsbury 1994). The realism theory stresses on the centrality of the state, or nation state as the ultimate political authority in the politics of the international system. As such, the overriding motive of all states is self-preservation through maximization of power, a characteristic that effectively transforms the international system of a war of all against all (Goldstein, 2003). The realism theory further argues that stability is best achieved in the balance of power which can be achieved through increased interactions among states, with the most powerful country playing the role of a balancer (Goldstein, 2003). Today, the U. S. is the most powerful country in the world and has effectively assumed the role of a balancer in the international system, with the United Nations serving as the overarching political body with capacity to enforce law and order among its member states. Domestic Public Attitudes toward Foreign Policy in the United States At the domestic level, the U. S. foreign policy enjoys a lot of support among the citizenry. According to a report by World Public Opinion. org, a strong majority of U. S. citizens support of the U. S. involvement in the world. However, the number of U. S. citizens who feel disgruntled by the country’ foreign policies is growing steadily. The World Public Opinion. org has established that Americans overwhelmingly support the continued leadership role that the U. S. plays in the world. These findings were based on a 2006 GMF poll which indicated that 84 percent of those polled saying it was desirable for the U. S to exert strong leadership affairs, with 43 percent having been quoted as expressing a US global influence as being very desirable, and only 14 percent expressing their concerns about the U. S. global influence. However, the overwhelming support of the U. S foreign policy by its citizenry does support the role of the U. S. in global affairs as a hegemony, but rather supports the idea of shared leadership roles with other players in the international system. A significant segment of the U. S population believes that the U. S security has been threatened by the way the U. S. has been using the threats of military force as leverage in the international system. In a poll conducted by the World Public Opinion. org, 63 percent of the respondents were of the view that the U. S. military threats prompt other countries to be protective by developing and acquiring weapons of mass destruction. In another survey that was carried out in 2003 by the Chicago Council on Global Affairs, majority of the U. S. citizens faulted the war in Iraq, with 66 percent of the respondents believing that the war has had negative effects on the relations between the U. S. and the Muslim world. According to the survey, 64 percent of the respondents expressed concerns that the war will not promote democracy in the Middle East while a further 61percent expressed fears that the war will not reduce the threat of terrorism. International Public Attitudes toward Foreign Policy in the United States There has been a growing disdain for the U. S. foreign policy in many countries throughout the world. The September 11 terrorist attacks and the subsequent U. S. war on terror are seen as having particularly caused dramatic shifts in U. S. foreign policy (Grant, 2004). The military operations in Afghanistan that have been ongoing since October 2001 to date and the U. S. invasion of Iraq have taken toll on the image of the United States with people from around the world and those in the Muslim countries in particular showing the lowest ratings for the U. S foreign policy. According to the Pew Global Attitudes Project that is run by the Washington DC based Pew Research Centre, America’s image relative to the country’s foreign policy has dropped immensely over the years. According to the report of the project, the United States is trailing many countries in favorability ratings. Countries such as France, Germany, China and Japan are more popular than the U. S in the European Union countries and Muslim countries. The study showed that while the ratings of the U. S were highest in Asian countries such as India, the favorability ratings of the country dropped by 15 percent in India between 2005 and 2006. The study further indicated that levels of negative attitudes that the populations of Western Europe have towards America are even higher than they were in 2002 before the Iraq invasion. The Pew Global Attitudes Project report also showed low ratings for President George Bush both domestically and internationally, with the confidence in bush to make the right decisions in international affairs having dropped in seven of the eleven countries in 2005 as provided by the data that tracked the trends. The report further indicates a steady slump of rating for George Bush in European countries and among predominantly Muslim populations. George Bush registered the largest slump of ratings in the U. S. from 62 percent in 2005 to 50 percent in 2006. In regard to the War on Terror, the Pew Global Attitudes Project reported an overwhelming decrease in international public support for the U. S led war on terrorism. With Muslim countries having obviously registered the highest levels of criticisms against the war on terror, Spain and Japan also registered almost virtual collapse of support for the counter-terrorism war. As of 2006, the support for war on terror in Spain had reduced to 19 percent from 63 percent in 2003 while Japan registered public support of 26 percent from 61 percent in 2002, according to information provided by the Pew Global Attitudes Project.

Loft Living Essay Example for Free

Loft Living Essay My dictionary defines loft as a room or place used for storing things. (Oxford’s learner’s advanced. 2009 edition) Loft places have become a fashionable lifestyle choice in London. As a result the design of lofty interiors, their accessories and associated urban lifestyle have become iconic images of cool London or cool urban living. In this essay I will explore loft living as a lifestyle, its history, and reasons for its growing popularity plus tips on how to exploit the unique qualities it offers. Once thought of as strictly for artists and bohemian types, loft living is now a sought after lifestyle accessory. Previously, starving artists had to sleep in their studio lofts to avoid paying rent, but now loft living is one of the most sought after type of housing for most people. Loft living has its origin in Manhattan area of New York, but today a look at any downtown area across many cities reveals a trend that is gaining popularity. In London, loft living gained widespread use in the nineties. â€Å"In London, the loft boom is owed much to someone who was the furthest thing from cool- Margret Thatcher. In her government’s misguided attempt to boost the pockets of property owners, camouflaged as an attempt for urban regeneration, the use of Class Order of 198 was passed. Basically, this attempt to simplify planning meant that office and industrial property were classified as one, giving landlords the opportunity to change rents on inner city workshops and light industrial units. †(Richard, 2010) Most businesses especially in Clerkenwell area was affected as tenants were forced to move rather than pay the exorbitant rents. But with the onset of recession, most industrial buildings became vacant and in an attempt to regeneration, the Islington council changed use of the buildings to residential use. 1. The oxford learners dictionary, 2009 2. Richard Artus, 2010. The history of loft living. www. urbanspaces. com 2 It is now common to find loft apartments, usually in renovated factories or other commercial structures: the appeal for living in open spaces is growing day by day. â€Å"Loft living is no longer just meant for starving artists who could not afford to live elsewhere, today loft lifestyle is a much desired trendy way to live. Particularly hip among upwardly mobile young adults, typical lofts are generally located in urban centers which offer easy access to shopping, dining, and all things that are happening now. And along with being in the middle of the action, loft living offers a very specific lifestyle. Today while many lofts are housed in turn-of-the-the-century industrial buildings in metro cities like London, New York Chicago and Los Angeles, quite a few are actually built from scratch. It seems like the desire to this unique and contemporary way of living has caught on in areas where the number of available buildings has been depleted† (Deborah, Jun 29 2010) There are other factors that are contributing to the growth of the trend. Many lofts are situated in downtown areas, which mean greater access to many social amenities, shorter commutes and the joy of living in rejuvenated neighborhoods. Additionally, lofts can be customized according to the owner’s tastes: the space can be partitioned to incorporate several rooms as per the owner’s requirements. Many of today’s newer loft developments are being built without proper adherence to the original industrial feel-usually to save costs , but most offer other amenities for comfort and convenience. A typical loft utilizes large open space and so presents unique challenges. However, one should utilize the unique qualities offered by loft living. 3. Deborah s. Hildebrand Jun 29 2010. Choosing Loft Living as a Lifestyle. www. sute101. com 3 When buying or renting a loft, there are a number of things that one should bear in mind. Location is one of them. It should, ideally, be near a major thoroughfare, in a quiet place and yet accessible to social amenities such as hospital and schools. A potential buyer should also review, as in newer lofts, the integrity of the developer, builder or agent. The other thing is whether the package has any hidden costs. Loft living has its challenges though, and most of the challenges arise in design. Designing the interior decor for instance may present a challenge to many people. This is due to the fact that most lofts were not intended to be residential in the first place. Rebecca Tanqueray and Oviana Fielding in their book Loft: Living in space, says, â€Å"coming up with a lofty notion is one thing, coming home to a lofty apartment is another. Big plans converting big spaces need practical and artful solutions to manage all that scale, all that space and all those industrial-strength problems. Adaptive re-use in residential design may call for revising user assumptions and adaptations to such unusual spaces. †(Victoria Carlson, 1999) Most of the loft design in the area feature exposed brick walls, and support columns and vintage wooden flooring. Given that they were designed to be warehouses, they have high ceiling. And it is not uncommon to see duct work, beams rafters and pipes for an industrial edge. The lofts I visited use a certain measure of open plan living in which most of the living spaces flow into each other. This is different from what I am used to at home where rooms are separate and in some instances, a distance from each other. 4. Victoria Carlson, 1999. Review of the book, Loft: Living in space by Rebecca tanqueray and Oviana Fielding 4 Living in a loft should provide the same feeling as living in a condominium or a normal house. But there are several things that one should incorporate into the design, decor and the floor plan to create a homely mood. To begin, one needs to create a positive impression at the entry. Apart from introducing the house mood the entry area serves as catch-all for mail, bags, umbrellas, shoes and rain jackets. This problem may be alleviated by constructing a storage area. Once you have created space, it is easier to decorate the rest of the loft. A small rug placed at the entry will protect the rest of the house from dusty, wet or muddy shoes. In addition to that, family members or guests may want to check their appearance as the move in or out of the loft. So, the next piece of furniture that may be considered in the entry area is a mirror, hang over a table or narrow shelf. Alternatively, one may want to place to stop and wear shoes, so a small bench or love seat, depending on the available space, can also work in the new loft entry. After choosing the furniture and the flooring for the entry, one can think about whether to light this area separately. A small central pendant light fixture or a spotlight will create drama and a warm feel as will a table lamp. Finally, personalize the entry by including accessories like a wall painting, dried and fresh flowers, and holiday souvenirs. Decorating the loft interior may pose challenges as one needs to create an overall impression of cohesion while maintaining a suitable separate atmosphere for each area. If you have to paint the walls, choose colors that complement the general outlook of the interior. 5 Due to thee open nature of most lofts, one should put a touch of personality, and relate the same to its surrounding. For instance, prints of food works best in living, dining area and the kitchen. Some children find wall masks very scary and their preferences should also be taken into account. Avoid disturbingly provocative art in bedrooms or studies. Artwork should be framed to coordinate with the loft decor. Always select a frame that complements your decor style and the colors you have used in the loft. Where possible, use similar frames and mats for objects that will be displayed together. The loft interior plan too should incorporate a functional and comfortable floor plan with places for entertainment, working and storage. These individual living areas can then be defined with room dividers, rugs and furniture. Room division can be in form of sliding or folding screens and frosted glass panels. Another way of to establish subtle transition is the use of raised platforms. Furniture arrangement can be problematic if traffic flows between the open spaces is not carefully planned. Different activities can overlap. For instance, it ca be difficult to conduct a conversation in the living area wile the children play noisily in the dining room. Part of the charm of loft living is that it allows a family to connect to each other and their guests informally. For example, a meal can be prepared while guests wait by the dining table taking their pre-dinner drinks. When decorating, one should think of the loft as a one entity instead of creating a different personality and themes for every room or living area. This creates cohesion and simplifies your decor choices. One should use similar or complementary decorative finishes throughout, linking 6 any two sections that open up into each other with similar paint, wall paper or using the same curtains. Also keep the flooring similar to visually expand the space. Proper loft planning should also be extended to furniture arrangement. The first step in creating an ideal furniture arrangement is choosing a focal point which might be an architectural detail such as a fire place. Since most lofts do not come with a fireplace built in, you can have one built. In an area with no discernable focal point, you can create one. This can be the wall facing you when you once you enter the room or the entertainment unit in a family room or area. The next step is to arrange your furniture around the focal point. In the living area, for instance, the sofa should ideally face the focal point or be arranged around it to underscore its importance. After placing the biggest furniture item, lace the items that relate to it next. This could be coffee tables or side tables. Place all other items in a manner that enhances the living experience. For example, the TV might look great in a corner but can it be viewed from the main sofa? Is there somewhere to place a cup of tea as one watch TV? As one place the furniture, one has to bear in mind how occupants will use the room. Is there enough space between the furniture items to allow for someone to sit down comfortably and stretch their legs without touching another person or a piece of furniture? More often than not the issue of space is very important, as most lofts have large spaces. The most common mistake people make when furnishing a loft is having too much furniture in 7 screens, they separate two areas but ensure that the two sections of the room are not claustrophobic. How one arranges the furniture and electronic equipment and how much of it you include can make or break the vision of the beautiful living space one might be trying to achieve. The best furniture placement maximizes on your current space instead of limiting it, it allows for smooth traffic flows in and out of the individual spaces and enhances the living experiences.. By making complementary furniture choices, your furniture sits well in both rooms, For instance, one should use chairs that can double up as extra seating in the living room area. One should avoid using too much furniture and opt instead for multifunctional furniture. For example a rectangular or oval table can be elongated or folded into a small unit for a dining table. When not in use as a dining table, it can act as a console. Since most loft spaces are huge open spaces, making individual spaces becomes inevitable. One option for physically creating some privacy while still maintaining spaciousness is the use of folding screens. When placed between a dining area and living room, or living room and bedroom, it can hide the mess of one area. Decorative room screens divide the room without cutting out the light, and come in a variety of materials including wood and wrought iron. If hand carved or well crafted, they can be a visual statement in the area. See through shelving units are good room dividers as they also provide additional storage and attractive display opportunities. 8 Another form of shelving is a low wall of kitchen base units that divide the room only up to waist level. Some shelving can either be permanent or free-standing. The least way of dividing a living area is by arranging the furniture so that it forms a natural barrier. However it is important to ensure that the back of whichever furniture piece is used is presentable. Another factor that one should consider is weather. Most lofts were built for other purposes other than residential, so it is very important to consider the issue of weather in the interior design. For instance the general needs during the cold, dark months are warmth, comfort, security and indoor stimulation. The loft may become inhabitable through the cold or the hot season. So the interior should incorporate designs that would cater for cold as well as the hot seasons. Due to the big nature of most lofts spaces, conditioning the rooms may prove to be a challenge. So, when shopping for things like furniture, it important to bear in mind that some pieces retain heat while others lose it easily. Generally, the less solid a piece is and the less fabric it has, for example wicker, rattan and bamboo, the faster it will lose heat. However, chunkier heavily upholstered chairs help in retaining heat. Also recliners keep you warmer by keeping your feet off the floor. Regardless of how cold it is, one can still make the full use of the natural light, afforded by the loft’s big windows, and heat as well as use some artificial heat sources from fireplaces or heaters. In the cold months if you have sheer curtains it is advisable to replace them with heavy window draperies to keep out cold draft of air and retain heat indoors ,artificial light fixtures too, will help in creating feelings of warmth and comfort. Glass, stainless steel and plastic, look and feel very cold because they are smooth, textured surfaces on the other hand trap pockets of air and add warmth. So, where possible, bring in textured materials and items. 9 For throws and cushion covers, choose from fleece, wool or cashmere and drape one across the arm of a chair or over the back of a sofa, or at the foot of a bed. Marble or tile flooring will definitely be colder in such weather. A wooden floor is much warmer. However, for softness underfoot and insulation from the cold turn to carpet in your living room and bedrooms. To provide further luxurious comfort, ensure that the carpet is lined with under-felt, in addition, provide area rugs for passageways, thick bath mats and bedside rugs. Loft living may or not be viable and significant solutions to the housing solution to the housing problem facing many city planners and designers, but the trend is opening new frontiers and creating many opportunities-we simply cannot afford to ignore it. The challenge, however is to make this former warehouses, churches and sawmills into habitable and most importantly, comfortable homes. Works cited: 1. The oxford learners dictionary, 2009 2. Richa Deborah s. Hildebrand Jun 29 2010. Choosing Loft Living as a Lifestyle. www. sute101. com 3. Richard Artus, 2010. The history of loft living. www. urbanspaces. com 4. Victoria Carlson, 1999. Review of the book, Loft: Living in space by Rebecca tanqueray and Oviana Fielding