Scholarship essay writing service
Tuesday, August 25, 2020
Dilemmas in the Intensive Care Unit Case Study Example | Topics and Well Written Essays - 750 words
Situations in the Intensive Care Unit - Case Study Example As Littleton, and Engebretson (2005) watch, a youthful young person who has gotten no labor readiness will require more instructing than other; à it is additionally said that the lady in labor is of focal significance; not the medical caretaker, specialist or attendant birthing specialist (p. 506). In this way, the initial step will facilitate the pressure of Rachel and offering help. For this reason, the administration of pastor will be used. A minister will be brought rapidly to deal with the dread and worry of Rachel.The second step will be to cause the guardians to comprehend the earnestness of the circumstance. They will be prompted on the significance to have a legitimate clinical mediation as there is fetal trouble. Regardless of whether they don't give assent, thinking about the earnestness of the circumstance, the specialist on the job will be educated regarding the situation.As the circumstance is step by step getting basic, it gets important to guarantee the accessibility of staff if there should be an occurrence of a crisis. Considering the way that the specialist on the job is going to another crisis case, fundamental advances will be taken to guarantee the nearness of staff to deal with the circumstance to maintain a strategic distance from hazard. It is conceivable that the specialist on the job has occupied on another crisis that may take quite a while. What's more, Rachelââ¬â¢s circumstance is getting critical.à In the subsequent case, the moral issue is whether to permit Yves to enter the ICU to visit Alain Trottier. As Molter (2007) watches, medical attendants ought to have the aptitude to show communication between the patient and family; and, proceeding with inflexible prohibitive visiting rehearses when it is sure that it isn't helpful is a moral inquiry in concern (p. 70). On account of Alain Trottier, it is obvious that Yves, his residential accomplice, was alongside him in the ER is still in the emergency clinic. Moreover, the pati ent has been oblivious for a day and still, there is no adjustment in the circumstance and no conclusion had been made. Furthermore, medical clinic strategy permits residential accomplices to be treated as hitched couples. What's more, according to the approach, it is Yves who is dependable to settle on choices for the patient. Carter and Lopert à (2005, p.94) state that if conceivable, staff ought to permit some adaptability in visiting plans and should keep loved ones informed of the patientââ¬â¢s bolster needs.
Saturday, August 22, 2020
Effect of Service Content Quality Essay Example for Free
Impact of Service Content Quality Essay Presentation: The development of Internet Mediated Environment (IME) based administrations has changed the way wherein firms and customers connect. This paper plans to give an increasingly complete comprehension of the job administration quality measurements play in creating administration delight and steadfastness in IMEs. We are in the time of administration based economies. The administrations area has developed to command monetary movement in todayââ¬â¢s progressed mechanical economies. Curiously, inside the developing assistance commanded economies, expanded advancement in Information Technology (IT) has significantly modified administrations conceptualization, improvement, conveyance and utilization. By expanding the meaning of an electronic help, we characterize IME benefits as being interceded by means of data innovation (IT) where the buyer associates with a fitting UI, for example, site, cell phone, iPhone, PDA, iPad, virtual world condition, tablets, and so on., so as to increase an utilization experience and seek after wanted advantages for another element or the element itself (self-administration). Developments identified with IT and novel Internet-based assistance conveyance in IMEs and utilization are filling phenomenal development sought after for existing just as new administrations. Issue Statement: The examination is to research the a portion of the components of online assistance content quality and administration conveyance quality, for example, route, visual intrigue, practicality, get to, content customization and unwavering quality prompting pleasure and dependability. Criticalness of the exploration: Both Information Systems (IS) and Marketing researchers have perceived this paradigmatic move from the trading of products toward an assistance focused model of trade in which the shopper assumes a vital job, explicitly on account of online administrations. In this unique circumstance, there is an expanding accentuation on administration quality as opposed to assembling quality paying little heed to the business. A customerââ¬â¢s eagerness to keep up a relationship with a firm is dependent upon their impression of the advantages of great help that gives a persistent progression of significant worth. Section 2 Survey OF LITERATURE Survey of Literature: Administration Content quality: Administration content quality is characterized as the degree to which complete, precise, and opportune substance is given to online buyers during the cooperation procedure with the UI in the IME. The UI is a basic part in the IME administration experience. With regards to the online condition, the store format and configuration especially impacts the consumerââ¬â¢s administration utilization experience. To catch administration content quality we have distinguished the accompanying three forerunners dependent on the writing: visual appearance, route, and see. These measurements have been seen as significant with regards to online administrations in past IS considers. Visual Appearance: A consumerââ¬â¢s impression of the visual intrigue anticipated by the administration is driven by the plan, physical engaging quality, and magnificence intrinsic to the administration interface. Visual appearance in IMEs can be characterized as a general yield of picture or character created from site segments, for example, content, style, designs, hues, logos, subjects and mottos. Sites with an all the more outwardly adequate interface frequently bring about more noteworthy help quality and can impact a consumerââ¬â¢s IME experience and at last their drawn out specialist co-op relationship. Thusly, the interface appearance is one of the most significant parts of the IME experience. Route: Purchasers need and request sites that are basically structured and simple to utilize. Simplicity of route has surfaced as a basic component, since the IME needs the greater part of the interactional human components so fundamental in disconnected help conveyance. Route difficulties, for example, getting lost is frequently connected with a consumerââ¬â¢s disarray, dissatisfaction, and outrage, and consequently negative encounters. To nullify this threat, IME route highlights have been created to keep purchasers from getting lost. A lot of uninhibitedly accessible data, on the off chance that it is efficient and handily got to, is as often as possible referenced by purchasers as a significant motivation to cooperate with an IME. The simplicity of route in the IME is relied upon to upgrade administration content quality. Redone Preview: Redone review is the capacity to tailor items, administrations and the earth to singular clients. See is relied upon to impact dedication towards the administration by making the impression of an expanded decision set by empowering brisk center, flagging high caliber and lead to a superior match of what the client really needs. Administration Delivery Quality: Administration conveyance quality is characterized as the way where IME functionalities are made open to purchasers by means of the administration providerââ¬â¢s site as a conveyance channel. IME specialist co-ops have understood that purchasers are worried about the administration conveyance procedure and result. The accompanying components of administration conveyance quality: availability, dependability, and practicality are taken. Availability: Availability is identified with the activities taken by the specialist co-op to guarantee no administration interference. An ever increasing number of clients currently search for organization access and backing through IMEs. Potential help disappointments sway future business since they debilitate the client organization bonds and view of administration quality. In this examination, availability is characterized as the degree of endeavors taken to limit administration interruptions. Unwavering quality: In disconnected settings, unwavering quality is characterized as the ââ¬Å"ability to play out the guaranteed administration constantly and accuratelyâ⬠. Thus, IME unwavering quality is worried about the conveyance of the administration in great condition, on schedule, and precisely as it was shown. An investigation of online disappointments expressed that buyers noted conveyance issues as the most much of the time expressed issue. Purchasers place huge accentuation on administration result and administration quality, which will endure if a specialist co-op neglects to convey true to form. Such disappointments can bring about huge expenses to the firm, for example, lost clients and negative verbal. Therefore, administration disappointment is a driving variable clarifying client exchanging conduct. Practicality: One of the huge IME benefits is the close time or quick help conveyance. IMEs need the majority of the interactional human components so essential to the customary assistance experience which ordinarily lead to support conveyance slack occasions. As far as online versus disconnected buying, online purchasersââ¬â¢ beneï ¬ t in the way that they get opportune data straightforwardly from the site without looking for a sales rep. Access speed and execution show up as basic to the evaluation of value in IMEs. Administration Enjoyment: Similarly as shopping satisfaction is significant in disconnected conditions, it very well may be similarly significant in IMEs. Hirschman and Holbrook presented the Hedonic Consumption idea which assigns ââ¬Å"those features of buyer conduct that identify with the multisensory, dream and emotive parts of oneââ¬â¢s involvement in productsâ⬠to clarify enjoymentââ¬â¢s job in the purchaser experience. IS explore has proposed that inborn happiness related with site utilization can emphatically affect a consumerââ¬â¢s web use after some time. Koufaris applied the model of stream and found that the enthusiastic response to a site (natural satisfaction) affected the goal to return. In this manner, administration pleasure is proposed to impact the IME customer experience. Administration Content Quality and Enjoyment: Administration content quality is a basic segment in the IME experience. With regards to the online condition, the store format and configuration impacts the consumerââ¬â¢s online action and administration utilization. In IMEs, the spatial design and usefulness are particularly significant since accessibility of direct human representative help is insignificant. Mathwick, Malhotra, and Rigdon recommend that in online conditions, the utilization of shading, realistic design and photographic quality join to impact an alluring utilization experience. Ãâ°thier, Hadaya, Talbot, and Cadieux exhibits that site content quality has a noteworthy positive effect on the subjective evaluation including enjoying, euphoria, pride, abhorrence, and disappointment. Van der Heijden found that apparent delight influenced proposed and genuine utilization of the site. Administration Delivery Quality and Enjoyment: IME conveyed administrations have expanded comfort as far as time, spot and use. For instance, customers would now be able to take care of their tabs on the web, arrangement programmed contract installments or track bundles whenever of day. In this manner, administration conveyance quality relates to the buyer site communication during the procedure when the shopper is searching for data, choosing from accessible choices or completing an exchange. As per Luong, ââ¬Å"Service conveyance appears to suggest administration experiences that involve progressively exceptional and intentional utilization of emotions.â⬠Faithfulness: Faithfulness is yielded through the procedure of rehashed connection among buyers and the online assistance. Accomplishing client unwaveringness is basic for IME specialist organization monetary achievement. The dread in the online condition is that the inborn low exchanging costs empower contending on the web firms to be only a tick away. Dedication can be characterized both typically and attitudinally. Typically, devotion comprises of rehashed acquisition of a brand, though attitudinally faithfulness incorporates a level of dispositional duty regarding some one of a kind worth related with the brand. Seen administration quality has been proposed to be emphatically identified with devotion. As per Garbarino and Johnson, shopper saw administration satisfaction and responsibility are accepted to sum up purchaser information and guide resulting dedication activities. Part 3 RES
Monday, August 10, 2020
Five Ways to Jump-Start Your Book Club
Five Ways to Jump-Start Your Book Club Like many liberal-arts educated and Pinterest-obsessed middle-ish class twenty-something American women, I am part of a book club. Well, kind of. Were technically a book club in that we CALL ourselves a book club (we even have the most awesome of book club names Falcon Attack!). Weve met. A few times. And most of us have read some of the books we were assigned to read. So if you count that as a book club, oh snap, we are a book club! But if you dont, then I take back that snap, we are not a book club. No one is to blame. You know how people are always saying they dont have time to read. A book club is that times seven or fifteen, or however many goofballs you have in your club. Thats a lot of people who lead very busy lives and may have the time to read the books they have chosen for themselves, but maybe dont so much want to read a book someone else has picked out for them. So Ive been trying to brainstorm up ways to get our book club jump-started again and I thought I would share a few with you. Lets do it! 1.) Have your book club read all the it books! Hunger Games, Girl With the Dragon Tattoo, Gone Girl- once a book becomes a big bestseller, tap-tap-youre-it that tome as your next book club book. People will feel peer-pressured by CULTURE to read these suckers. Or bonus plus, some people will have already READ the book in question and all theyll have to do will be to show up. I know these are all commercial fiction picks, and you can do the same thing with big fiction prize winners- Pulitzer, National Book Award, Booker, etc. I think youre going to have an easier time hooking people if you keep it to the runaway bestsellers. 2.) Do it like they do in AP English! Add a homework assignment element to the meetings if you have a crafty and creative crew. For example, my group has been talking about reading Fifty Shades of Grey next (see #1 above as to why), and I think it would be cool if we divided up the chapters and had to do some kind of mini-report or project on our sections. For example, if I take chapters 1-5, I could do a two-page book report in the style of a seventh grader half-assing it so he can go play video games or pretentious college sophomore who just declared a double major in Comp Lit and American Studies. Or I could do a foam board presentation! Or a dramatic reading. OR A DIORAMA. (Can you guys tell Im going to do a diorama of Fifty Shade of Grey? If you cant tell, then this is me telling you that I am.) It may sound like more work: Wait I have to read the book AND do the fing foam board thing??? But I think if you keep the prompts manageable (people can put as much or as little work in as they want) and you get a few people to do rad takes on the assignment at the next meeting, you could get this ball rolling! 3.) Read the book before the movie comes out! All Hollywood does is make movies of books (because you say things like brand and built-in audience and suddenly everyones got dollar signs in their eyes.) We just had the film adaptation of Perks of Being a Wallflower come out, and thats a book you can read in almost a sitting, if you hadnt already read it eight times between the ages of twelve and twenty-two. Cloud Atlas is coming out and thats a book youre going to NEED to read if you want to know what the heck is going on in dystopian clone-run McDonalds and why the bejeezus Tom Hanks is running around post-apocalyptic Hawaii. Or you can be a super-cheater club and go see/rent movies of books youve already read. Or for super-super cheaters just get together and watch Revenge and every once in a while say something about how people were just as psycho to each other in Count of Monte Cristo as they are in this modern, prime-time adaptation. 4.) Make it a Short Story Club or an Essay Club! No ones going to say, I didnt have time to finish the last twenty pages of the short story. THERE ARE ONLY TWENTY PAGES IN A SHORT STORY. Same with essays. Bonus, you can have a few people per meeting choose what short pieces will be read. The more people that have a vested interest (bossing other people around=automatic vested interest) the more people will read the shenanigans that need to get read. 5.) Have the BEST SNACKS EVER! Get really good cooks (or people that are really good at buying food) to be in your club, and club members only get to come and eat if they read their chapters! I know thats a little harsh! But a little harsh can go a long way, and if it gets everyone reading and talking about reading in a living room and eating good food and having great fun together, I think thats harsh well played. What about you guys? Have you figured out a way to get everyone to show up to your club having ACTUALLY READ THE BOOK? Talk to me in the comments section below. Im serious, if youve made this mission impossible an actually possible mission, we need to confab. Sign up to Unusual Suspects to receive news and recommendations for mystery/thriller readers. Thank you for signing up! Keep an eye on your inbox.
Saturday, May 23, 2020
What Is a Particulate
Definition: Particulates are small, distinct solids suspended in a liquid or gas. Also Known As: particulate matter Examples: Dust and soot are particulates in air.
Tuesday, May 12, 2020
Wednesday, May 6, 2020
The Crucible â⬠Performance Review Free Essays
The Crucible A joint cast from Melbourne High School and Mac. Robertson Girlsââ¬â¢ High School were recently involved in a production of Arthur Millerââ¬â¢s The Crucible. The cast, led by Gilbert Stalinsfield as John Proctor and Greta Nash as Elizabeth Proctor, was able to captivate the audience for an the entirety of the performer. We will write a custom essay sample on The Crucible ââ¬â Performance Review or any similar topic only for you Order Now Director Anne-Marie Brownhillââ¬â¢s interpretation of the play, while short, allowed for each actor to contribute his or her own ideas to the story without removing the overlying theme of the empowerment provided through lies and playing on peopleââ¬â¢s fears. Each actor showed a deep understanding of the plot and was able to convey the message about McCarthyism and the symbolism of the witch hunts for the way people were suspected and persecuted in the 50s when McCarthy was most influential. Millerââ¬â¢s work successfully illustrates the parallels between the series of events that occurred in the late 1600s known as the Salem Witch Trials and the events that had been occurring during the time that The Crucible was written in the 1950s. The combined cast from Melbourne High School and Mac. Robertson Girlsââ¬â¢ High School were incredibly impressive in their demonstration of these issues and the effects that these situations can have. Leading the female cast was Year 11 Alexandria Liistro. A shock choice for the role, Liistro understood her character and was able to portray the vindictive Abigail Williams to perfection. The seduction of John Proctor and lying to the judges appeared to come naturally in this wonderful performance, which employed the technique of realism to enable the character to be understood by the audience. It was hard to find a member of the audience who, after seeing the play, didnââ¬â¢t feel a sense of disgust towards the way Williams had acted throughout the plot. Liistro seemed to play on this disdain shown towards her and her character by not only the audience but also the actors on stage. She truly showed the manipulative nature of Abigail Williams. The gentle giant James Ness was very cleverly chosen to play Judge Danforth, the deputy governor of Massachusetts that presided over the Salem Witch Trials in this play. Nessââ¬â¢ giant stature and booming voice commanded attention as he delivered a pitch-perfect performance. The way in which Ness was able to control an entire act with his presence throughout the trials of Elizabeth Proctor, played by Greta Nash, made for very intense and enjoyable theatre. Ness was also able to convey the subtle compassion that Danforth has when he is offering Proctor the chance to save his own life by admitting to the heinous crime of devil-worshipping. The power in the delivery of every line by James Ness sent shivers through the audience and kept them interested from the first time he is seen on stage until the end of the play. The choice of costuming was very successful in portraying the true intentions of each character. Abigail Williams was dressed in a black with a red headband, showing the evil that litters her soul, while the rest of the girls that were testifying against ââ¬Ëthe devilââ¬â¢ in court were wearing black with green headbands, showing the confusion and sickness that dominated their understanding of what they were doing. The green of the headbands worn by the group of girls were matched with the green light used in the first act when Betty Paris has fallen sick due to the witchcraft that has been performed. Both John Proctor and Elizabeth Proctor wore lighter colours dominated by white and light greys. This choice of colour was to display the purity and innocence of these two people, despite what was happening around them. Secondary characters that cared only a little bit about the witch trials that were occurring but only for selfish reasons, like Giles Corey, were placed in costumes dominated by greys to show both the good and the evil in them. The set design and direction for this interpretation of The Crucible was very well thought out. The early acts of the performance are dominated by a very crowded stage by both actors and props. This adds to the effect of the confusion that is intended displayed throughout the beginning of the play. As the acts continue, it appears as though there is more and more unoccupied space on the stage to allow for the real message of the play to be conveyed through the words of the story and the performance of the actors. The stage for the final act is completely bare and very few actors are on stage at once. This set being stripped for this section was so that the raw emotion delivered through the acting was more powerful and more easily observed and understood. The set appears to be a symbol for logic and altruism. As the play continues, so does the logic and altruism displayed by any of the characters. How to cite The Crucible ââ¬â Performance Review, Papers
Saturday, May 2, 2020
Business Expansion of Nevada Ltd in Brazil â⬠MyAssignmenthelp.com
Question: Discuss about the Expansion of Nevada Ltd in Brazil. Answer: Introduction Business expansion is a very critical decision of any business and is undertaken after considering a lot of different factors. Expanding within the nation is still easy in comparison to expanding in a different nation, of which the company is not aware. This is particularly with regards to the details and the real time problems which can be faced in such different nation (Grnig and Morschett, 2017). So, before setting up a permanent branch in a different nation, the businesses often opt for setting up a temporary base in the target market. And in this context, there are three different options which would be concentrated upon in this discussion, i.e., agent, distributor and joint venture (Schlegelmilch, 2016). This analysis is being conducted for Nevada Ltd (a fictional company), which has a business of making chocolates and is presently located in France. The target market of the company is Brazil, which is located in Central America. The reason for targeting Brazil is that the company can set up base in Brazil in long term for getting the Brazilian chocolates which is gaining demand in international market (Vishnefske, 2017). For this expansion strategy, the three options available before the company have been analysed. Selection of Best Option: Agency The first option available with the company is to go for an agency as a mode of expanding in Brazil. In this regard, they would have to hire an agent in Brazil, or a higher number of agents, who would be selling the products of the company in Brazil. An agent would have to be hired from Brazil, who would work as per the instructions of Nevada Ltd and would work as per the authority given to him. For this work, the agent would be trained by the company and would also be given a commission for the work undertaken (Boundy, 2016). There are different advantages and disadvantages of opting for an agent. The biggest advantage of going for agent as the option is that the ownership of goods remains in the hands of the principal. So, the name of the principal is continued even when the product is sold elsewhere. Also, the principal can train the staff as per their needs and train them accordingly. The agents are paid commission, which does not prove to be a burden on the price of the product (Nguyen, 2007). The principal is also able to control the sale activities and the sales network development can be undertaken by the principal which gives them control over the entire process. Another major advantage of agency is that it helps in saving costs and money for the company as the feasibility of a project can be analysed on the basis of establishing agency in a foreign nation. Lastly, it brings special skill set of the agents and also the knowledge of the local markets (Noonan, 2010). An agent is a person who acts for the principal and on the basis of the authority given by the principal. In this lies the biggest disadvantage of agency, where the principal gets the liability which is raised from the work done by the agent (Morse, 2010). This can even take place when the agent works out of the authority given to him. This happens in cases of apparent authority, or in cases of implied authority. In implied authority, as the name suggests, the agent is implied to have the authority to conduct a particular task to the third party (Cahn and Donald, 2010). In ostensible or apparent authority, the agent apparently holds the requisite authority to undertake a particular task. As a third party cannot know for certain if an agent does not have the requisite authority and is shown to have the relevant authority, the principal is made liable for the acts undertaken by the agents, even when the same are beyond the express authority given to such agents (O'kelley and Thompson, 2017). The agency form is not feasible for Nevada Ltd because the company does not have much knowledge of the markets of Brazil and selecting the best agent is also a critical decision. The agent would not be able to find sources for the company, particularly for the availability of Brazilian chocolates and would also bring high liabilities for the company. Distributor Another option available with the company is to go for a distributor. A distributor is a person who is hired by the individuals and such person purchases the goods from one person and sells it in the name of his own to others. Thus, the brand name of the individuals is lost. The distributor sells the products to his customers and the person from whom he acquires the goods only gets the position of a manufacturer (Mullet, 2017). As was the case with agents, distributors also have a number of advantages and disadvantages. The key advantages of this form are that the acceptance of the product offered by the company can be attained by the consumers without having to keep the name of the company on line. This allows the company to adopt with different products and then bringing forwarded the best product in their own name (Murphy Marketing, 2016). Also, the companies have greater liberty as they do not have to keep an eye on each and every aspect of the sale, as is to be done in case of agent. The distributor can offer different services like after sale services which makes this form more attractive to the consumers. Also, for the acts of distributor, the principal cannot be made liable as they sell the product under their own name, thus making them liable to the general public (Alliance Expert, 2017). However, this form has more disadvantages in comparison to its advantages. The ownership of the products is lost by the manufacturer as the distributor sells the product on their own name. The distributor has to be paid a separate amount which is added to the costs of the product, making it costlier. And in order to keep the price of the product as the same, the company has to absorb this additional cost, thus decreasing their profits (Scotter, 2017). The identity of the company is lost as the products are not sold under their name; and they lose the entire control as they can neither train the employees of the distributor nor can they ask them to act in a particular manner. Most importantly, a distributor often sells different products which are acquired from different parties. This means that the focus of the distributor is always distributed and so, the company loses when the distributor is not focused on their product (Salzano, 2014). This form is also not suitable for Nevada Ltd as adoption of distributor would mean that the company losses out their personality and their name, in addition to the control over the product and its selling process. Joint Venture The last option available before the company is to opt for a joint venture. A joint venture is the union formed between two or more companies or business entities, in order to carry out a particular task, which is time based. In a joint venture, the parties share ownership, risks, and profits/ losses on the basis of the percentage covered under the joint venture agreement. Also, the venture comes to an end upon the completion of the purpose for which it was drawn. So, it allows the skills and resources of certain entities to be clubbed for temporary period and for certain objectives (Killing, 2012). The key advantage of a joint venture form of structure is the wide resource pool. The business entities are able to contribute different skill set between the people. In this regard, the finances, the ability to obtain debt, the goodwill, the people and the numerous other resources are used in a combined manner to attain the objective of the joint venture (Yeniyurt and Carnovale, 2017). This often allows an easy access in new markets, particularly when the case of emerging markets is involved. It also helps in saving costs for the companies as they are able to operate in a new market without having to incur high costs of establishing a permanent based in such new market (Morschett, Schramm-Klein and Zentes, 2011). Joint venture form also has different limitation which often makes this as an unlikely option for expansion of business. The prime one in this regard is the burden on one party of the entire venture. Often it happens that one party is left to contribute the resources and even to run the operations of the joint venture due to the lack of proper commitment of the other party of the joint venture (Campbell and Netzer, 2009). This not only results in disputes being caused but also results in the purpose of the joint venture not being attained. Apart from this, often the joint ventures are coupled with exclusive agreements, which restrict the parties of joint venture from forming new relations, even when the same prove more cost effective and favourable than the present venture (Wolf, 2011). In the case of Nevada Ltd, the best option before the company is to start a joint venture with a company of Brazil. This company should be one which has access to Brazilian chocolates. This would help the company in getting product from Brazil and than making them on their own as per the needs of the clients. So, the contribution of the other company would be in terms of the product and the manufacturer of this raw material would be done by Nevada Ltd. Terms of Joint Venture As joint venture came out as the best possible option for Nevada Ltd, the managing director of the company negotiated with the XYZ Incorporated which has the business of procuring Brazilian chocolates and selling it to others. This joint venture would enable the company in accessing the best product from Brazil and also in establishing a permanent branch in the nation on long term basis. However, before a joint venture agreement is formed, it is crucial to note that certain crucial elements have to be present in this agreement in order for the joint venture to be successful and one which is free from ambiguities and possible disputes as a result of it (Morais, 2014). Some of such key terms which have to be included in the joint venture agreement have been stated here. The first item from which a joint venture agreement begins is the details of the parties, the name of the venture, the registered office, and other basic details, which can help in identification of the joint venture (American Bar, 2017). The purpose for which the venture is being formed has to be clearly stated. The scope of the venture also has to be stated in terms of the activities to be done, the intellectual property or the technology to be used or transferred (American Bar, 2017). The next element is to state the applicablelaw under which the joint venture is being formed, the applicablelaws on the venture, thelaws which have to be applied during the winding up process of the venture and the laws which would apply if a dispute is raised in the venture (American Bar, 2017). The joint venture agreement needs to necessarily have a dispute resolution head which would guide the parties in such situations which a dispute is raised. This term helps in preparing the parties of the venture and in guiding them on the actions to be undertaken in case of a dispute. So, the agreement can provide if the parties have to go for arbitration to resolve their dispute and only after arbitration proves unsuccessful can a claim be made in a particular note. The detailing of the court is necessary to remove ambiguity with regards to where a claim can be filed for resolving a dispute raised under the formed venture (American Bar, 2017). The contributions, the rights, the profit sharing and the other such details have to be properly covered under the joint venture. This would allow each party to know their rights and obligations under the venture (American Bar, 2017). So, for instance in the case of Nevada, the venture would have to clearly provide that XYZ Incorporated would be giving the raw material of Brazilian chocolate, its quality, quantity and time period, to Nevada Ltd which would than transform it as per the needs of its clients. There is a need for the venture to provide what the structure of the board would be, the intervals of meetings of board and other relevant bodies, the governance details and the details of the key personnel of the venture (Saracens Solicitors, 2015). A very important term in any joint venture is the exit strategy and the end of the venture. The agreement has to clearly provide how the joint venture would end, the profit or loss sharing at its end, the manner in which the joint venture would be analysed, evaluated and valued at its end and also the manner in which a party of the venture could exit from the venture before the objective for which the joint venture was formed is concluded (Saracens Solicitors, 2015). The applicable tax regimes on the venture, including both direct and indirect taxation has to be clearly stated, apart from the relevant international taxation as applicable on the joint venture (Saracens Solicitors, 2015). Confidentiality agreement is a key part of joint venture agreements and this has to be included in the agreement being drawn so that none of the joint venture entities go to another party. This also helps the parties in restricting from disclosing the key terms of the venture or of the other entity which they learned from the formation of the joint venture formed herewith (Saracens Solicitors, 2015). The budget of the joint venture also has to form a part of the joint venture agreement to give a clear break-up of the costs of the joint venture and the required finances for undertaking this venture. This also helps in projecting the profits and losses of the joint venture proposed to be undertaken (Saracens Solicitors, 2015). Conclusion The previous parts of this report undertook a discussion on the various options which are available before Nevada Ltd for expanding its business in Brazil. The analysis of the advantages and disadvantages of agent, distributor and joint venture led to the conclusion being formed that as per the needs of the company, the best option for the company is to form a joint venture with a company of Brazil. In this regard, after carrying on the discussion with an entity of Brazil, which procures Brazilian chocolates and sells them, the company should opt for forming a joint venture with this company. This would help Nevada Ltd in making chocolates from the Brazilian chocolates supplied by XYZ Incorporated and also keeping its own image in the international market, which would not be possible in distributor model. The agency model has high liabilities, which again would prove disadvantageous for Nevada. Hence, the company should go ahead and form a venture with XYZ Incorporated for which it w ould have to form a joint venture agreement. And this report aptly highlights the different terms which have to be included in this agreement based on the needs of Nevada Ltd. References Alliance Expert. (2017) What is a franchise, distributorship or agency arrangement?. [Online] Alliance Expert. Available from: https://www.allianceexperts.com/en/knowledge/difference-between-an-agent-distributor-and-franchisor/ [Accessed on: 09/11/17] American Bar. (2017) Model Joint Venture Agreement. [Online] American Bar. Available from: https://apps.americanbar.org/buslaw/newsletter/0049/materials/book.pdf [Accessed on: 09/11/17] Boundy, C. (2016) Business Contracts Handbook. Oxon: Routledge. Cahn, A., and Donald, D.C. (2010) Comparative Company Law: Text and Cases on the Laws Governing Corporations in Germany, the UK and the USA. Cambridge: Cambridge University Press. Campbell, D., and Netzer, A. (2009) International Joint Ventures. The Netherlands: Kluwer Law International. Grnig, R., and Morschett, D. (2017). Developing International Strategies. Berlin: Springer Berlin Heidelberg. Killing, P. (2012)Strategies for joint venture success (RLE international business)(Vol. 22). Oxon: Routledge. Morais, L. (2014) Joint Ventures and EU Competition Law. Portland: Hart Publishing. Morschett, D., Schramm-Klein, H., and Zentes, J. (2011) Strategic International Management: Text and Cases. 2nd ed. The Netherlands: Gabler Verlag. Morse, G. (2010) Partnership Law. 7th ed. Oxford: Oxford University Press. Murphy Marketing. (2016) Differences Between Agents and Distributors. [Online] Murphy Marketing. Available from: https://www.murphymarketing.ie/differences-between-agents-and-distributors/ [Accessed on: 09/11/17] Nguyen, N.T. (2007) Agent and Multi-Agent Systems: Technologies and Applications. Poland: Springer Science Business Media. Noonan, C. (2016) Sales Management. Oxford: Butterworth Heinemann. O'kelley, C. R., and Thompson, R. B. (2017)Corporations and other business associations: cases and materials. The Netherlands: Wolters Kluwer Law Business. Salzano, L. (2014) 4 key differences between trade agents and distributors. [Online] TRSM. Available from: https://therightsocialmedia.novertur.com/international-trade-2/4-key-differences-trade-agents-and-distributors/ [Accessed on: 09/11/17] Saracens Solicitors. (2015) All You Need To Know About Joint Venture Agreements. [Online] Saracens Solicitors. Available from: https://saracenssolicitors.co.uk/commercial/all-you-need-to-know-about-joint-venture-agreements [Accessed on: 09/11/17] Schlegelmilch, B. B. (2016) Global Marketing Strategy. London: Springer International Publishing. Scotter, L. (2017) Sales Agent Vs. Distributor. [Online] Chron. Available from: https://work.chron.com/sales-agent-vs-distributor-19944.html [Accessed on: 09/11/17] Vishnefske, J. (2017) Brazilian Chocolate. [Online] Santa Barbara Chocolate. Available from: https://www.santabarbarachocolate.com/blog/brazilian-chocolate/ [Accessed on: 09/11/17] Wolf, R.C. (2011) The Complete Guide to International Joint Ventures with Sample Clauses and Contracts. 3rd ed. The Netherlands: Kluwer Law International. Yeniyurt, S., and Carnovale, S. (2017) Global supply network embeddedness and power: An analysis of international joint venture formations.International Business Review,26(2), 203-213.
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