Equity and Trusts Problem Questions

Equity and Trusts Problem Questions The first step we should attend to briefly is to define what a trust is. Simply put, a trust is a relationship under the law of equity[1] that arises when one person (the settlor) vests the legal title in another person (the trustee) for the benefit of a third-party called a beneficiary. The trustee holds the legal title and the beneficiary-(ies) possess the equitable title and as such the trustee owes them a duty to carry out the duties as defined by the settlor[2]. The most basic species of trust is an express private trust; this is a â€Å"trust which is declared intentionally by the settlor†[3]. There is no fixed mechanism or form of words for creating such a trust because â€Å"equity looks to intent rather than the form†[4]; see Paul-v-Constance[5]. Hudson (p.72) speaks of â€Å"exposing† a trust which demonstrates that it exists by law and is not created by the courts retrospectively. Express trusts can be established during the life of the settlor or as i n this case, via instructions placed in their will.[6] There are two basic sets of requirements for valid trusts; the first is that there needs to be three basic certainties as per Knight-v-Knight[7]; defined as certainty of intention, subject matter and object – if any one fails then there is no trust. The first of these requires that there was a certainty of intention by the purported settlor â€Å"that the person receiving the property is under a mandatory legal obligation to carry out the wishes of the settlor†[8]. Secondly and only logically, it must be certain what the subject of the trust is i.e. the property. Finally, there must be certainty of object i.e. there needs to be someone with equitable ownership to enforce the trust, see Re Endacott[9]. The second basic requirement is that the trust must be constituted i.e. the legal title must pass to the trustee(s). This should not be an issue here because as executors Edward and Sandra would have already acquired legal title of all Alice’s estate[10]. DISPOSITION A Alice’s disposition is potentially void as a trust due, firstly to uncertainty of intention; the disposition does not suggest Alice intends to impose a legal obligation on Edward to carry out her wishes. Rather it potentially suggests she was imposing on him a â€Å"power†. In essence, trusts impose an obligation to act and powers authorise people to carry out certain tasks with a lower level of compulsion.[11] The task we have is to decide what Alice intended and according to Dixton (p.67) â€Å"it is very easy to confuse trusts and powers, especially since most power are given to people who are otherwise trustees†. Edwards (p.80) advises that to differentiate between them is â€Å"a matter of construction for the courts, based on identifying the intention from†¦the language and the document as a whole† He further suggests that a significant indicator would be â€Å"existence of a gift in default of appointment† and wide discretion. Applying t his to our facts, we see that Alice grants him à ¢Ã¢â‚¬Å¡Ã‚ ¤10,000 to buy a small memento for â€Å"such of my relatives as have not received anything under the other provisions† and after doing this â€Å"to keep what is left†. It is submitted that this does not meet the necessary level of certainty, especially as Edward keeps what is left over, it is merely a power; a power of appointment[12], outside of a trust instrument[13].To impose a trust situation in this case would be to ignore the warning in Re Hamilton to â€Å"take the will you have to construe and see what it means, and if you come to the conclusion that no trust was intended then say so†. The next issue is what kind of powers these are and what level of compulsion exists on Edward to carry out the tasks. This could be a personal power[14] or a fiduciary power and this will turn on whether he was given the power in his capacity as a son or executor. Wilkie (p.52) says if it is a personal power he could distribute â€Å"spitefully, or capriciously, or even go to sleep and forget about exercising the power at all†. You could argue that Alice gave the power to her son in his capacity as a son; and so considering the remainder goes to him then it is all but an absolute gift. He could just buy a few relatives key-rings as mementoes and be done with it. The beneficiaries would have no equitable interest in any property as its quantum is unknowable. The second view you could argue is that he has to exercise the power in his capacity as executor and so he has a higher level of onus upon him. It is submitted that as such, this power of appointment would be what is known as a hybrid or intermediate power[15] in that he is authorised to distribute it to a certain category of objects, relatives, excluding those who have already benefited. The level of compulsion or onus is debatable. In Re Hay’s Settlements[16], it was held that he just cannot ignore this power to appoint randomly, he must make efforts to complete it. And in McPhail-v-Doulton[17] the leading case in this area it was said he â₠¬Å"must act in a responsible manner according to its purpose† and â€Å"make survey of the range of objects† that† will enable him to carry out his fiduciary duties.† Wilkie (p.52) says that there is much lessor onus is on a donee[18] of a power to locate those who may be objects. However, other commentators, see Penner (58+) say the onus depends on the type of power as well as who has been granted it. However, even with ‘powers’, the subjects and objects need to be ascertained and Alice has simply defined â€Å"small memento of me† and â€Å"relatives† minus those who benefited from the will; these are problematic. Firstly, the subject matter is conceptually uncertain[19]; as per Palmer-v-Simmonds[20] and so potentially void; what is ‘small’ and what is a ‘memento’[21]. Secondly, â€Å"relatives† could be taken to be anyone with a common ancestor and as you work back far enough this could include almost anyone. However, in Re Baden’s Deed Trusts (No.2)[22], relatives was equated to next-of-kin and held to be conceptually certain; a strange decision considering how rigid the court has been on conceptual uncertainty. Furthermore in McPhail, the test to ascertain objects for a power was decided as the ‘is or is not’ test described by Wilberforce as, â€Å"can it be said with certainty that any given indi vidual is or is not a member of the class?† Thus it appears possible that we could, if necessary, reach a legal definition of the objects although the problem is the subject of the power. The advice to Edward is pretty clear; as a trust this fails and so based on Curtis v Rippon[23], he could take the entire amount of à ¢Ã¢â‚¬Å¡Ã‚ ¤20,000 seeing that the amounts to be given to relatives are uncertain and so the absolute gift to him takes effect over the failed trust. However, if viewed as a power, he may be under compulsion to distribute some of the à ¢Ã¢â‚¬Å¡Ã‚ ¤20,000 buying small mementos for relatives once he complies with the above; although, in practice few would be willing, or able, to compel him to execute this power. DISPOSITION B Does the phrase â€Å"fullest trust and confidence† indicates certainty of intention to create a trust? In Re-Adams-and-Kensington-Vestry[24] a husband gave property to his wife in â€Å"in full confidence that she will do what is right†, yet this was held to only impose a moral obligation upon her. However, in Comiskey-v-Bowring-Hanbury[25] the phrase â€Å"in full confidence† was held to impose a trust. The similarity in these cases is superficial and it is apparent that each was judged on its individual merits and potential settlor’s intentions. Hence, the mechanical application of phrase simply turns the law on its head. It is much more insightful to follow Re Hamilton comments listed above in part A and use common sense. Applying this, it is submitted there is potentially a certainty of intention, but we also need to examine the other certainties. On ‘certainty of subject’; it is trite law that, as per Re-London-Wine-Co[26] that trust property must be ascertainable. In that case un-segregated wine voided certainty. This was supported in Re-Goldcorp-Exchange-Ltd[27] . Mustill[28] said â€Å"rights in property, whether equitable, cannot exist in the air†¦ it can only exist in relation to property which is specifically ascertained†, i.e. physical segregation is necessary[29]. However we are not dealing with a situation exactly similar to Re-London-Wine. Under a will, the executor takes full title to the property on the death and according to Martin(p.60) the â€Å"equitable ownership is in suspense† – the trust has not yet been constituted whereas it allegedly had in London-Wine. All the executors need to do is to walk down to the cellar and physically segregate fifty bottles of wine and identify them as trust property and transfer legal title from Edward/Sandra, as executors, to Edward pers onally. It is obvious Alison knew what was in her wine cellar so the property she is referring to really was not a specific 50 bottles of wine, but 50 of the 80 wine bottles I know I have in my cellar. How else could she describe them if they were homogeneous, was an 80 year old woman close to death meant to go down to her cellar and move bottles around? However, it is the â€Å"old friends†, the potential objects of this trust, which poses more serious problems. The phrase â€Å"my old friends† is conceptually uncertain[30]; both words are subjective; what is a ‘friend’ and what is ‘old’? With the knowledge that this would be a fixed trust if the three certainties were present; i.e. each beneficiary entitled to an â€Å"equal† share then IRC-v-Broadway-Cottages-Trust[31] states that all the beneficiaries must be able to be listed and there is no room for any conceptual uncertainty. The disposition states that Edward should cure any uncertainty and his word is â€Å"final†. However, this is not likely to be accepted by the courts. In Re-Tuck’s-Settlement-Trusts the court allowed a Rabbi, as per the trust document, to cure an issue of uncertainty i.e. whether someone was of â€Å"Jewish blood†[32]. However, the Rabbi was acting in his capacity as expert on the Jewish faith and evidencing the meaning of the words not defining them. You could make a good argument that Edward could define his mother’s old friends just like the Rabbi defined Jewish blood, but it would go against current legal and academic opinion so as a trust it would likely fail. However, the advice in this case might be that this could be treated like above, as a power. This is because, as a power Edward could use the â€Å"is or is not test† rather than the â€Å"complete list† test and so circumvent this issue and give Edward much more leeway to carry out his mother’s intentions. Remember the preference of the courts will be to see Alice’s wishes carried out rather than not. DISPOSITION C There is clearly an intention to create a trust with the subject matter of à ¢Ã¢â‚¬Å¡Ã‚ ¤20,000, because it is stated. It is further obvious that it is a discretionary trust[33]; this is a type of express trust where the trustee has what is called ‘dispositive discretion ’ i.e. an ability to decide the quantum of trust property, if any, goes to each beneficiary[34]. It is important to note the difference between this and a fixed trust; in a fixed trust the beneficiaries have a severable equitable claim on the property because they can usually calculate what they are entitled to. In a discretionary trust the trustees can exercise discretion; and in this case the basis of this discretion is those â€Å"they find most deserving.† The real issue is who exactly are the objects of the trust; that are subject to this discretion?[35] We are given no names but rather a class description â€Å"such of the first 300 people to have crossed the Victoria Bridge on the 24th of October 2008†. Such descriptors in theory pose no problems. However, if we assume that this date has passed[36], then we are presented with a difficult evidential problem. It is important to point out that the names of the 300 people who were first over Victoria Bridge is a fact; they are an absolute certainty; it is just the trustees don’t know who they are yet. Hence, it is not an issue of ‘conceptual certainty’ as to the class descriptor; it is not like â€Å"old friends†. The issue is one of evidential uncertainty in that the trustees do not have enough evidence to write down a complete list. The courts have grappled with this problem but it is now clear from McPhail-v-Doulton that previous requirements for a c omplete list, like for fixed trusts, are no longer valid. The test now is the â€Å"is or is not† test as outlined above. Hence, the trustees do not need to know the 300 people who crossed the bridge, they only need to meet the test set by Wilberforce in McPhail; â€Å"can it be said with certainty that any given individual is or is not a member of that class†. The issue now is could anyone do this with sufficient certainty. It would not be enough to show you crossed the bridge on the day but that you were one of the first three hundred to do so[37]. This turns on facts we don’t have; considering the coverage of police cameras in London it is likely there is one focused on Victoria Bridge so this might help candidates prove their claim. To conclude this section, the advice is whoever can prove with sufficient certainty that they fall within the class, and then they will become beneficiaries of the trust. However, if no one can prove then the trust will fail for lack of certainty of objects and the à ¢Ã¢â‚¬Å¡Ã‚ ¤20,000 result back to Alice’s estate. There are a number of other issues which should be covered briefly for Edward and Sandra. Assuming the three certainties are present, then the trust is properly constituted (as the potential trustees they are also executors and have legal title). To be a trustee you need to have reached the age of 18; we are not told Sandra’s age but presumably she complies with this. The trust is defined to be for 21 years i.e. 21 years after Alice’s death and this is permissible under Section 13 of the Perpetuities and Accumulations Act 1964. However, it is worth pointing out to Edward and Sandra that the trust is unlikely to last as long as 21 years. Although the beneficiaries would have no rights severally because as Penner (p.85) describes them they are â€Å"mere postulants, seeking the trustees’ largesse†; they could have rights jointly because it is an exhaustive trust[38] i.e. Alice appears to have instructed them to spend all the 20K and there are no devices to return unspent money to the estate. As such the beneficiaries may have rights jointly to petition the court to simply give them the trust property, see Martin (p.211) which presumably they would have agreed to divide equally[39]. References – Bibliography Burn, E, Trusts Trustees Cases Materials 6th Edition, Oxford University Press. Dixon, M, 2005, Equity and Trusts Q A, Cavendish Publishing. Edwards, K, 2000, Essential Equity and Trusts, Routledge. Duddington, J, 2007, Equity and Trusts Law Express, Pearson. Hudson, A, 2005, Equity Trusts, Routledge Cavendish. Mohamed, R, 2004, Cases Materials on Trusts, Routledge Cavendish. Martin, J, 2005,Hanbury Martin, Modern Equity 17th Edition, Sweet Maxwell. Penner, J, 2005, The Law of Trusts Core Text 4th Edition, OUP. Wilkie, M, 2008, Equity and Trusts Blackstones Q A 2008/2009, OUP. 1 Footnotes [1] Space precludes a discussion on the fundamentals of equitable law see Duddington(p.2+). [2] A trust is an onerous obligation and should not, and will not, be imposed casually by the courts if any doubt exists; especially as the courts may ultimately be called to adjudicate upon its operation [3] Hudson(p.38) [4] Re Williams 1897 [5] On the other hand you can use the word â€Å"trust†, as per Tito v Waddell (no2) and this might not create one. [6] They are often known as ‘testamentary trusts’; but not substantially different to inter vivos trusts. [7] 1840 [8] Dixon(p.61) [9] 1960 [10] We are told the will is valid and that is all we need to concern ourselves about with that matter. [11] Martin(p.171) [12] appointment in this sense means the power to give or to appoint the property to someone. [13] Powers can operate „insideâ€Å"or „outsideâ€Å", those outside are known as bare powers i.e. less encumbered by the obligatory nature of the trustees duty. [14] Beware of terminological problems with these phrases, see Wilkie(p.51) [15] See Mohamed(p.118) [16] 1982 [17] 1982 see Burn(p.84) for a discussion of the case and test. [18] The person who is authorised to exercise a power. [19] see Disposition B and C for more details and Duddington(P.15,16) [20] 1854 [21] see below for more detail [22] 1973 [23] 1820 [24] 1884 [25] 1905 [26] 1986 PCC 121 [27] 1985 [28] Quoted in Penner(p.205) [29] It is worth noting the ruling in Hunter v Moss which appears to run contrary to this albeit with intangibles. [30] Penner(p.197+) In Re Gibbard’s Will Trusts 1967 and RE Barlow’s Will Trusts 1979 â€Å"friends† was held certain but the former has been overruled and the latter referred to different legal circumstances. [31] 1955 [32] see Duddington(p.20) [33] see Dixon(p.65+) [34] See Martin(p.104+), see also Edwards(p.77) for concise analysis. [35] I am interpreting the will as meaning there is a potential class size of 300 and over these discretion is exercised. [36] It is not 100% clear from the rubric that his date has passed, although the use of â€Å"to have crossed† clearly infers it. [37] A suggestion of administrative un-workability might arise here [38] It is interesting to note that discretionary trusts presents theoretical problems in that you can ask the question ‚who holds the equitable rights to the property?’ without beneficiaries who enforce the terms of the trust; there is an obvious risk that trustees can become slack in their duties. See Penner(p84+) [39] Space precludes a detailed analysis of these issues

Case Study of Negligence

Duty of care Issue: Does defendant (David or the Bright Smiles Dental Surgery) owned duty of care to plaintiff (Tony)? Rules: * The neighbour principle: In Donoghue v Stevenson1, Lord Atkin concluded that we all owe a duty of care to our â€Å"neighbors†, meaning those persons who we should have in mind when we are contemplating actions that we take as we go about our business and private lives. * Neighbour Defined: â€Å"My neighbors are persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when directing my mind to the acts or omissions which are called in question†. Foreseeability: For an action in negligence to succeed, it must be foreseeable that the act (or omission) of the defendant could cause harm to the plaintiff. The test is one of â€Å"reasonable foreseeability†, which is an â€Å"objective†. * Proximity: There must be some relationship between the parties for the duty to exist. In other words, proximity that requires care to be taken must exist. Application: As Tony was having the surgery in the Bright Smiles Dental Surgery, therefore, whatever will happen based on the surgery, it should be the duty of care of the Bright Smiles Dental Surgery.Be more specific, David is employed there as a full-time dentist and he was the one who attached the artificial teeth by strong dental glue instead of the way which recommended by leading dentists. If David did not change the way of attach the teeth, Tony would never get a severe infection caused by the method of fitting of the artificial teeth. Conclusion Applying the neighbour principle and reasonable foreseeability, David or the Bright Smiles Dental Surgery do owed the duty of care of Tony.And it is foreseeable that the act of the defendant, which may be David or the Bright Smiles Dental Surgery, could cause harm to the plaintiff, which is Tony. Breaching that duty of care Issue: Does the defendant ( David or the Bright Smiles Dental Surgery) breach his duty of care? Rule: * Reasonable person-Standard of care: the standard person would have foreseen harm in the circumstances and would have taken steps to prevent it. The defendant will be in breach of their duty if reasonable steps are not taken to prevent foreseeable harm.The test is an objective one –what a reasonable person thinks. * Weighting test: 1. The likelihood of injury: If the risk of injury is minimal, there will be no breach of the duty of care. 2. Gravity of injury if occurring: The seriousness of any resulting injury 3. Steps needed to remove the risk: The steps required to eliminate the risk 4. Benefit (social utility) of the defendant’s conduct: The social utility of the defendant’s conduct must be weighed against the gravity of the risk. ApplicationAs David’s conduct is measured against the reasonable person who should told Tony there was a risk to use the dental glue . It is possible that David get hurt from the dental glue and the surgery. The gravity of injury is quite serious as his teeth fell out of the new desk while he was on TV presenting the evening news. After he got home his whole mouth was aching and he complained of severe pain in the gap left by extraction. For the steps to eliminate the risk, David should foresee the harm which caused by the dental glue and the possible consequence might cause.Last but not least, there is no benefit (social utility) of the defendant’s conduct. In fact, David could transfer Tony to his other workmate if he is not familiar with the way which suggested by the leading dentist. However, David chose to do it by using the strong glue which causes all the damage. Conclusion Hence, David did breach the duty of care of Tony as he was the reasonable person who should foresee the damage and it is easy to eliminate the damage. LOSS OR DAMAGE FOLLOING FROM BREACH OF DUTY IssueWas Plaintiff (Tony)’s damage the dire ct result of defendant (David or the Bright Smiles Dental Surgery)’ breach? Rules * Causation (but for test): But for the conduct of defendant, would the damage have been suffered? The test was explained well by Lord Denning in Cork v. Kirby Maclean Ltd (1952) 2 ALL ER 402 at 407 , as follows: If you can say that the damage would not have happened but for a particular fault, then that fault is in fact a cause of the damage; but if you can say that the damage would have happened just the same fault or no fault, then the fault is not a cause of the damage.If there is more than one cause of the damage the â€Å"but for† test will have limited application. In such case the courts will use a â€Å"balance of probabilities’ test in determining causation. * Remoteness of damage (reasonable foreseeable test, the test is objective) would a reasonable person have foreseen the damage? * Assessment of damages: the aim of damages is to compensate the plaintiff for the loss or damage that flowed from the defendant’s breach of duty of care owed.Such loss or damages is quantified by the judge hearing the case to compensate the plaintiff not only for their actual loss but for their future potential loss as well. Application After diagnosing of Tony’s mouth, it was certified that there was a severe infection in Tony’s gum that was shown in tests to be caused by the method of fitting of the artificial teeth. In fact, as David decided to use the dental glue, instead of the traditional method that was recommended by the leading dentist.And David, who is the reasonable person, owned the duty of care of Tony. According to the fact, Tony not only suffers variety of physical damage but also physiological damage. He became depressed due to his appearance and loss of work, and is seeing a counsellor for therapy who suggested him to go for a holiday. Therefore, he had suffered the medical and dental expense total $ 14, 000, loss of wages $ 12,00 0, and counselling$1,800. And the cost of trip is $ 5,000. Conclusion: Therefore, Tony’s damage directly resulted from David’ breach of duty of care.If He in civil proceedings is successful, a remedy will be rewarded as compensation of dental expense $ 14, 000, loss of wages $ 12,000, and counselling$1,800. And the cost of trip is $ 5,000. What is more, he could DEFENCES TO AN ACTION IN NEGLIGENCE Issue Are there any defences available to defendant (David or the Bright Smiles Dental Surgery)? Rules Defences to an action in negligence: * Contributory negligence: It occurs where the plaintiff can be held partly to blame for the loss sustained as result of a failure to take reasonable care against a foreseeable risk of injury.This rule has been modified by statue in Section 26 of the Wrong Act 1958 3(Vic. ): Where any person suffers damages as the result partly of his own fault and partly of the fault of any other person or persons, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage, but the damage recoverable in respect thereof shall be reduced to such extent as the court thinks just and equitable having regard to the claimant’s share in the responsibility for the damage. Voluntary assumption of risk: if a person assumes the risk of injury voluntarily, this is complete defence to a claim of negligence. It is difficult defence to rise as it must be proved that the plaintiff was aware of the risk and accepted that risk freely. Application After checking Tony’s x-rays, David extracted the teeth and put the artificial teeth in place. However, David was not familiar with the accepted method of attaching artificial teeth recommended by leading dentists and instead attached them by way of strong dental glue.However, it was David determined to use the strong dental glue instead of the method recommended by the leading dentist. On the other side, Tony should figure out that his met hod is different from the one which recommended by the leading dentist, and he should do some more consulting of the new method which was going to be used in his surgery. Conclusion Therefore, Tony did contribute to his damage as he did not check his new method which causes the inflection and further damage.

Vespucci, Columbus, and the New World

Before Columbus passed through the coastline of larger America, Amerigo Vespucci, whom the name America has derived, first came in. He navigated, explored, observed, made a map according to what he perceived, and made an exploration report to his King about it. In his description, we can notice a typical European character on the way he view people, environment and things. He wrote his observation on a negative perspective such as the Native Americans has no dress, no sense of ownership, no existing law, no religion, no morals, no ethics, and basically no culture.In this statement, it gave a connotation that those native inhabitants were complete bare beings, which exactly the same description of people at the back of his head as he wanted to conquer the land believing that it was his new found world for the Europeans. As we analyze Amerigo’s text, we can understand how he wanted to introduce those natives to his monarch as insignificant people. Perhaps, his intention was to g et full support from their King and Queen as they planned to completely renew their discovered land and afterwards conquer to make them own.Christopher Columbus, 1530 Unlike Amerigo’s negative introduction about the Native Americans, Columbus has a more affirmative remark on their personalities. He said that these indigenous people of America were peaceful, calm, friendly, warm, handsome and of well-built body structure. However, the presence of negativity has also transcended in his text when he described their lifestyle as having no knowledge and totally ignorance about arms made of irons as the natives’ spears were only made of woods and cane.Another unpleasant testimonial was when he stated that these natives are vulnerable and ideal to become slaves, and that with only few of Europeans could make these people defeated. We can view that those positive and negative remarks of Columbus was urged by the same intention with Amerigo, which is to persuade the monarchs an d allow them conquer the land to be the new colony of Europeans especially Portuguese. The New WorldBoth the Portuguese’s monarchs and the American natives were properly introduced by the so-called New World. Both Columbus and Vespucci has established and proposed this thought to them. To Vespucci, he thought that he discovered a world with nothing to have at all. He didn’t recognize or perhaps, he intentionally did not want to recognize the existing norm and culture of the natives because he wanted to make a change by himself and made a suggestion have the European culture on the land as a replacement on the existing norm.His idea was that Europeans like them are advanced and superior in all aspects, which means that they are the only ones capable of transforming the land and society into a much more highly regarded culture. To Columbus, he indicated that a New World has to be set by offering material things to the natives in exchange of their freedom, strength and se rvice being servants. However, his intention was not to upgrade the culture of the natives but to totally eliminate their culture for the betterment of the Europeans.

Life of Har Gobind Khorana Nucleic Acid Pioneer

Har Gobind Khorana (January 9, 1922 - November 9, 2011) demonstrated the role of nucleotides in the synthesis of proteins. He shared the 1968 Nobel Prize for Physiology or Medicine with Marshall Nirenberg and Robert Holley. He is also credited with being the first researcher to produce the first complete synthetic gene. Fast Facts: Har Gobind Khorana Full Name: Har Gobind KhoranaKnown For: Research showing the role of nucleotides in the synthesis of proteins and the first artificial synthesis of a complete gene.Born: January 9, 1922 in Raipur, Punjab, British India (now Pakistan)  Parents: Krishna Devi and Ganpat Rai KhoranaDied: November 9, 2011 in Concord, Massachusetts, USA  Education: Ph.D., University of LiverpoolKey Accomplishments: Nobel Prize for Physiology or Medicine in 1968  Spouse: Esther Elizabeth SiblerChildren: Julia Elizabeth, Emily Anne, and Dave Roy Early Years Har Gobind Khorana was likely born to Krishna Devi and Ganpat Rai Khorana on January 9, 1922. While that is his officially recorded date of birth, there is some uncertainty as to whether or not that was his exact date of birth. He had four siblings and was the youngest of the five children. His father was a taxation clerk. While the family was poor, his parents realized the value of educational attainment and Ganpat Rai Khorana ensured that his family was literate. By some accounts, they were the only literate family in the area. Khorana attended the D.A.V. High School and then matriculated to Punjab University where he earned both a Bachelors (1943) and a Masters degree (1945). He distinguished himself in both instances and graduated with honors for each degree. Subsequently he was awarded a fellowship from the government of India. He used the fellowship to earn his Ph.D. in 1948 from the University of Liverpool in England. After earning his degree he worked in a postdoctoral position in Switzerland under the tutelage of Vladimir Prelog. Prelog would greatly influence Khorana. He also completed additional post-doctoral work at Cambridge University in England. He studied both nucleic acids and proteins while at Cambridge. During his time in Switzerland, he met and married Esther Elizabeth Sibler in 1952. Their union produced three children, Julia Elizabeth, Emily Anne, and Dave Roy. Career and Research In 1952, Khorana moved to Vancouver, Canada where he took a job with the British Columbia Research Council. The facilities were not expansive, but the researchers had freedom to pursue their interests. During this time he worked on research involving both nucleic acids and phosphate esters. In 1960, Khorana accepted a position at the Institute for Enzyme Research at the University of Wisconsin, where he was the co-director. He became the Conrad A. Elvehjem Professor of the Life Sciences at the University of Wisconsin in 1964. Khorana became an American citizen in 1966. In 1970, he became the Alfred P. Sloan Professor of Biology and Chemistry at the Massachusetts Institute of Technology (MIT), in Cambridge, Massachusetts. In 1974, he became the Andrew D. White Professor (at-large) at Cornell University in Ithaca, New York. Order of Nucleotides Discovery The freedom that began in Canada at the British Columbia Research Council in the 1950s was instrumental to Khoranas later discoveries related to nucleic acids. Along with others, he helped to explain the role of nucleotides in the construction of proteins. The fundamental building block of DNA is the nucleotide. The nucleotides in DNA contain four different nitrogenous bases: thymine, cytosine, adenine, and guanine. Cytosine and thymine are pyrimidines while adenine and guanine are purines. RNA is similar but uracil is used instead of thymine. Scientists realized that DNA and RNA were involved in amino acid assembly into proteins, but the exact processes by which it all worked were not yet known. Nirenberg and Matthaei had created a synthetic RNA that always added the amino acid phenylalanine to a linked amino acid strand. If they synthesized RNA with three uracils together, the amino acids produced were always just phenylalanine. They had discovered the first triplet codon. By this time, Khorana was an expert in polynucleotide synthesis. His research group availed themselves of his expertise to show which combinations of nucleotides form which amino acids. They proved that the genetic code is always transmitted in a set of three codons. They also noted that some codons tell the cell to start making a protein while others tell it to stop making a protein. Their work explained a number of facets of how the genetic code works. In addition to showing that three nucleotides specified an amino acid, their work showed what direction mRNA was read, that the specific codons do not overlap, and that RNA was the  intermediary between the genetic information in DNA and the amino acid sequence in specific proteins. This was the basis of the work for which Khorana, along with Marshall Nirenberg and Robert Holley, was awarded the 1968 Nobel Prize for Physiology or Medicine. Synthetic Gene Discovery In the 1970s, Khoranas lab completed the artificial synthesis of a yeast gene. It was the first artificial synthesis of a complete gene. Many hailed this synthesis as a major hallmark in the field of molecular biology. This artificial synthesis paved the way for more advanced methods that would follow. Death and Legacy Khorana received a great number of awards during his lifetime. The foremost was the aforementioned Nobel Prize for Physiology or Medicine in 1968. He was also awarded the National Medal of Science, the Ellis Island Medal of Honor and the Lasker Foundation Award for Basic Medical Research. He was awarded the Merck Award and the American Chemical Society Award for Work in Organic Chemistry. He earned a number of honorary degrees from universities in India, England, Canada, as well as in the United States. Over the course of his career, he authored or co-authored over 500 publications/articles in various scientific journals. Har Gobind Khorana died of natural causes in Concord, Massachusetts on November 9, 2011. He was 89 years old. His wife, Esther, and one of his daughters, Emily Anne preceded him in death. Sources â€Å"The Nobel Prize in Physiology or Medicine 1968.† NobelPrize.org, www.nobelprize.org/prizes/medicine/1968/khorana/biographical/.Britannica, The Editors of Encyclopaedia. â€Å"Har Gobind Khorana.† Encyclopaedia Britannica, Encyclopaedia Britannica, Inc., 12 Dec. 2017, www.britannica.com/biography/Har-Gobind-Khorana.

Commonly Confused Words Seam and Seem

The words seam and seem are homophones: they sound alike but have different meanings. Definitions The noun seam refers to a line formed by sewing together two pieces of material, or to any line or mark like this. The noun seam may also refer to a thin layer of coal, ore, etc. As a verb, seam means to join together to form a seam. The verb seem means to appear or to give the impression of being something. Examples If you can sew a straight seam on a sewing machine, you can make a quilt in just a day or two.The shoulder seams of the mans blue waffle-weave jacket were visibly straining; around the brace was tied a necktie, which reached only a third of the way down his chest.(Gish Jen, Birthmates. Ploughshares, 1995)Historical research is often rather like mining: the researcher finds a rich seam of ore and keeps digging until the lode is exhausted.(John Tully, Silvertown. NYU Press, 2014)After the attack, the battleship seemed to be spouting flames at every seam.Once she had pampered her students, singing them songs, letting them call her at home even, and ask personal questions. but now she was losing sympathy. They were beginning to seem different. They were beginning to seem demanding and spoiled.(Lorrie Moore, Youre Ugly, Too. The New Yorker, 1990)The street looks tremendous. People on the far side seem tiny and archaic, dwarfed by the great sky and the windy clouds like pedestrians in old prints.(Walker Percy, The Moviegoer, 1961) Idiom Alerts Bursting at the SeamsThe expression bursting at the seams means very full or crowded.- His long hair hung like rags in the heat; his clothes were much washed and faded to pastel colors. His suitcase, a canvas affair, repeated his worn appearance and was bursting at the seams.(Paul Theroux, The Great Railway Bazaar. Houghton Mifflin, 1975)- The house burst at the seams, and hilarious pandemonium reigned. Chinese Lady, Emily and Tommy, up at six in the morning, had spent until ten oclock preparing the wedding breakfast for fifty and more people.(Mary Jane Staples, Down Lambeth Way. Corgi, 1988)Coming Apart at the SeamsThe idiom to come (or fall) apart at the seams means to be weak or in poor condition and close to the point of collapse.- Looking around me in the months after my return from New York, I saw a city falling apart at the seams, torn by political strife and civil unrest, a city eaten alive by greed and envy.(Rupert Smith, I Must Confess. Cleis Press, 2007)- Lepski hung up. H e walked, heavy footed, out to his car and headed back to headquarters. He felt as if his ambitious little world had come apart at the seams.(James Hadley Chase, You Must Be Kidding. Robert Hale, 1979) Practice (a) Conflict and anger are often not about what they _____ to be about on the surface.(b) Marcie took out a penknife and ripped open the _____ of her jacket.(c) Uncle Willie didnt _____ to notice that Mr. Taylor was oblivious to everything he said.(Maya Angelou, I Know Why the Caged Bird Sings. Random House, 1969) Answers to Practice Exercises: Seam and Seem (a) Conflict and anger are often not about what they seem to be about on the surface.(b) Marcie took out a penknife and ripped open the seam of her jacket.(c) Uncle Willie didnt seem to notice that Mr. Taylor was oblivious to everything he said.(Maya Angelou, I Know Why the Caged Bird Sings. Random House, 1969)

Trying Juveniles as Adults - 1404 Words

When it comes to trying juveniles as adults, it is a strong issue to follow through, but it has been a controversial topic to the public. This topic is a controversial topic even considering that there are numerous arguments to put forth on both sides. There will be stated pros and cons of each side and articles to back up the arguments. Juveniles are defined as children who fall under the age of 18, depending on the state. Even though, some juveniles are tried as adults despite their under age. In this article the Pro side is going to be, the crime is a crime no matter who did it. Even if a child did a crime doesn’t mean the victim didn’t suffer. There are several people who believe that the juvenile court has been established with the†¦show more content†¦According to examiner.com, â€Å"research shows that the human brain goes through a slow maturation process between ages 10 through 25.The emotional make-up of a child is generally fully developed by age five (Examiner).† So, when it comes to this study it shows that Cameron Kocher’s brain wasn’t even in the start of its process. Therefore, Cameron showed the signs he was showing because he most likely didn’t fully understand what was going on, or what he did. During this time, when juveniles have no responsibilities, and maturity it is not expected of them, they most likely do not understand the consequences. Therefore, it is considered unjust to convict them in the mann er as adults. Also, in CNN according to Jessica Reaves, â€Å"The juvenile prison system can help kids turn their lives around; rehabilitation gives kids a second chance. Successful rehabilitation, many argue, is better for society in the long run than releasing someone whos spent their entire young adult life in general prison population. A young person released from juvenile prison is far less likely to commit a crime than someone coming out of an adult facility (Reaves).† This is another way to look at the situation. When it comes to juvenile’s rehabilitation is a way to help the juvenile fully understand what have gotten them in their certain situation. Also, it’s a way to add onto what they can do to make sure the juvenile doesn’tShow MoreRelatedTrying Juveniles as Adults Essay1312 Words   |  6 PagesAccording to Caldwell (1961) the juvenile justice system is based on the principle that youth are developmentally and fundamentally different from adults. According to Mack (1909) the focus of the juvenile justice system has shifted from â€Å"was the crime commi tted† to â€Å"why did the child commit the crime†, â€Å"how can we help the child†. When performing as it is designed and up to the initial intentions, the juvenile court balances rehabilitation (treatment) of the offender with suitable sanctions whenRead MoreTrying Juveniles As Adults And Providing Rehabilitation1598 Words   |  7 PagesTrying Juveniles As Adults And Providing Rehabilitation During Incarceration Today’s heated debate regarding the decision to try juveniles as adults has prompted individuals to construct opinionated and informational articles on the topic. The nation’s troubled youth are protected by groups that believe these offenders deserve rehabilitation and a chance to develop into a productive member of society. However, others believe that those committing certain heinous crimes should be tried as adults asRead MoreRole of Cognitive Development in Trying Juveniles as Adults Essay example618 Words   |  3 Pagesthe United States, you are considered an adult at 18-years old. With age comes a plethora of other privledges. You can drive at 16 with a proper drivers license, legally engage in intercourse at 17, vote and purchase cigarrettes at 18 and purchase and consume alcohol at 21. Although there is one age restriction that hasnt been set in stone. In the justice system, one may be considered an adult at 18 and be tried as such. The option of being trie d as an adult hangs on many circumstances. If the individualRead MoreJuveniles And The Criminal Justice System1594 Words   |  7 Pages Juveniles and the Criminal Justice System There is much debate over whether or not juveniles should ever be tried as adults. Juveniles are defined as children under the age of 18. In the past, juveniles have been tried in a separate juvenile court because of their age. However, trying juveniles as adults for violent crimes is a trend that is on the rise. Age is supposed to be a deterrent for placing those under 18 on trial and giving them stiffer punishments that are often reserved for adults. ManyRead MoreJuveniles Should Be Legal For Adult Courts1528 Words   |  7 Pagesor not juveniles should receive waivers to adult court. There are three methods that are used to transfer a juvenile to adult court. Juvenile waiver, statutory exclusion, and Concurrent Jurisdiction are the three different methods used to transfer a juvenile to adult court. Statutory exclusion is when the juvenile is transferred immediately to the adult court. Concurrent Jurisdiction is when the juvenile may be tried as an adult and a juvenile at once. T hroughout all three methods juvenile waiverRead MoreEssay on Juveniles Tried as Adults843 Words   |  4 PagesFinal : Question #1 A juvenile being tried as an adult is a very sensitive and controversial issue over the past years. There has been a significant increase in the number of juvenile offenders being tried in adult courts for serious crimes. Juveniles should be tried as adults depending on the seriousness of the crime that they commit. There are many factors that contribute to juvenile courts and to what extent a juvenile should be tried as an adult. The juvenile justice system was intendedRead MoreShould Juveniles Be Tried as Adults? Essay867 Words   |  4 Pages29, 2012 Should Juveniles be tried as Adults? There are many controversies that surround juveniles being rehabilitated rather than going through the adult justice system, but studies show that juveniles are not fully developed to be tried as an adult. One of the main questions that it always boils down to is â€Å"should juveniles be tried as adults?† in my opinion juveniles should not be tried as adults because of their age. First, I believe that juveniles should not be tried as adults because their mentalitiesRead MoreJuveniles Being Tried As Adults1238 Words   |  5 Pagesâ€Å"Juveniles Being Tried as Adults† There are articles or news reports every once and a while about juveniles committed heinous crimes, but not serving any real time for the crime. Juveniles or even adults should not serve a few years for murder or rape. Murderers, rapists and other criminals are being released from jail every day after serving only very short sentences for their heinous crimes. (Source #1) Who are these criminals and what makes them so special? The criminals are juveniles who commitRead MoreThe Main Aim Of Eradicating Criminal From The Society1439 Words   |  6 PagesJuvenile Crimes The main aim of eradicating criminal from the society is to enhance peaceful coexistence among people and to aid development. In this regard, individuals who fail to fit in this setting should be eradicated regardless of their age and made responsible for their actions. Releasing murderers, rapists, and other criminals from jail after serving a lenient and short sentence does not rehabilitate them in any way. In this regard, all those who are engaged in criminal activities that riskRead MoreEssay Juvenile Delinquency1499 Words   |  6 PagesMain Post: Juvenile delinquency is a problem that affects society as a whole. Understanding Juvenile delinquency is important because it is part of trying to figure out how people in American society should react to it; specifically, in terms of law enforcement officers, their agencies, and State legislators. When deviant behavior becomes continuous, chronic and widespread it gets perceived as a significant part of the population as threatening to the general well-being of society (Thompson

Business Promotion Strategic Marketing Plan

Question: Discuss about the Business Promotion Strategic Marketing Plan. Answer: Introduction The aim of the present assignment, which is a continuation of assignment one is to establish a profound strategic marketing plan for the organization SolarCity of New Zealand. It is required to mention that while establishing convenient marketing strategies for SolarCity, the paper would first focus on the primary and secondary target markets of the considered organization, which has been thoroughly illustrated in the previous assignment. Thereafter, the present assignment will move on to construct apt strategic functions for product, pricing, distribution or supply chain and integrated marketing communication of SolarCity. From the previous assignment, it has been identified as well as understood that the organization is primarily a limited enterprise in the premise of New Zealand that is involved from developing and manufacturing product to financing and remote monitoring of the solar panels and solar power system. Most importantly, the first assignment has pointed out that the organization has three distinct kinds of target markets presently; the first one is the households of New Zealand while the second one commercial sector of the country. However, the third kind of target market has been identified to be the offshore clients. In case of establishing the product and pricing strategy, the present assignment would have to consider the key buying behavior and concern of the target market of SolarCity, which has been effectively diagnosed in the first assignment. It says that scarcity of natural resources is the main concern that drives the target markets of the organization to buy their products. However, from the competitor analysis, the present assignment have got a hint about what exactly SolarCity would adopt as strategy, which says that the organization would have to beat Green Energy Corporation, Agua Del Sol LLC and Solar Collector Inc mainly. Marketing plan In accordance with the SWOT, situational, stakeholder and competitor analysis from the previous assignment, it has been understood that the following goals and objectives are possessed by the concerned organization. Considering the buying behavior of the target markets and their kinds, marketing plan A would be to devise suitable positioning, distribution and communication strategy that would support SolarCity to influence the minds of the identified target markets and fulfill their demand (Hollensen 2015). Following the marketing goal A, two particular marketing objectives would be To identify needs and basic characteristics of the target markets Seemingly, the specific premise of the objective is to identify the needs and characteristic features of the target market, would be covered within two weeks by the hands of the chief marketing executive of SolarCity. To design appropriate communication and distribution strategy The above goal has been designed keeping in mind about the prime purpose of the assignment, which is to grow the sales and market expansion for SolarCity considering their chief target markets. Therefore, the specific premise for the second objective is understandably the establishment of the suitable strategies with the help of executive marketing director of SolarCity within the time of fifteen days. Marketing goal B Keeping in mind about the marketing goal A, the second goal of SolarCitys marketing would be to increase the profit margin by implementing appropriate pricing and product development strategy. More precisely, the second goal would be to expand in the market by beating the existing rival organizations alongside advancing the rate of sales. Therefore, two accompanying objectives for this distinct goal would be To procure appropriate strategies for developing product The specific premise of the objective, which is to procure strategies for product development would be done within the time of one month through the hands of the chief executive of product scrutiny and development management. To design strategy for selecting appropriate price On behalf of this particular objective, it can be said that the specific aspect of the objective would be to identify the average financial status of the primary and secondary target markets within the time limit of two months. In this context, it should also be mentioned that the responsible person for accomplishing this objective would be the assistance-marketing executives and assistance finance manager of SolarCity. Primary target market According to the market audit report of SolarCity, the primary target market of the considered organization is divided into two major types, which are the commercial sector and the household owners of New Zealand. More elaborately, the primary target market of the concerned organization can be segmented into both males and females of the society. However, if the primary target market can be identified with psychographic attributes, then it can be said occupation wise most of the household owners are homemakers, service men and business professionals. On the other hand, the other part of the primary segment involves the ministry of the economic development and department of conservation. Identifying characteristics and needs of the primary target market The demographic characteristics of the household owners involves both male and female inhabitants of New Zealand whose age range from 24-65. Furthermore, this individual target market possesses the value of saving non-renewable energies alongside they have the strong concern for the increasing the use of renewable energies like the solar power. Therefore, the preference of this kind of target market rests on the unique and most up-to-date design and potentiality of the solar panels. On the other hand, the other kind of the primary target market possesses the value to unique and effective energy solutions. Therefore, understandably the preference of this part of the target market depends on the efficiency of the solar panels and their capacity to resolve energy issues. Therefore, their individual energy issues understandably determine the buying habit of the commercial sector of New Zealand (Slack 2015). However, the buying preference of the households owners unlike the other one main ly depends on the price range of the solar panels as per the fact the solar energy is used for everyday energy needs in the house. Secondary target market According to the previous report of marketing audits, there has been found a third target figure for the organization SolarCity, who are predominantly the offshore or oversees organizations those like the commercial sector of New Zealand searches for innovative energy solution. SolarCitys desire to provide energy solution to other countries in form of market expansion is an indication of the fact that the organization has already planned to beat their archrivals with their preference for target market. Characteristics, basic needs and buying preference The secondary target market is the commercial market of the other countries; therefore, it is understandable that their needs and buying preferences would be approximately similar with commercial sectors of New Zealand. Therefore, it can be said that commercial enterprises, which utilizes a huge amount of energy would have the preference to have energy solutions those are affordable yet efficient. However, it is fortunate that the demographic attributes of this target market would help the considered organization in expanding in an international ground (Baker 2014). Most importantly in this case, the organization has to keep in mind that the basic needs of the secondary target market would not be limited within energy solutions. The organization should anticipate that from offshore clients, demand for both household goods and energy solution devices would come (McDONALD et al. 2016). Product strategy for primary target market Product feature Prior to design a fruitful strategy for product, it is required to denote that for the primary target market, SolarCitys product will be the solar hot water, solar photovoltaic, evacuated panels, evacuated tube based system and installation devices of solar panels. The most significant aspect of the offered products of SolarCity for the primary target market is they are varied and usable for both household and business. Brand name and packaging The products and service will be offered under the brand name of SolarCity with its official logo. However, in case of both product quality and packaging it should be contemplated that the organization would adopt the product strategy of changing the design and performance of the existing products. Most significantly, in terms of packaging, SolarCity should provide two types of packaging for both kinds of the primary target market. One should be a trial package and the other one should be for the final use (Strauss 2016). Positioning strategy For the primary target market, the positioning strategy would be the packaging strategy itself. According to the packaging strategy, the organization would provide the privilege to the target markets to have a trial of the preferred products. Supplemental products and value Each of the offered products for the primary target market would retain the core values that the organization fundamentally proposes. However, the products provided as trial pack would contain experiential attributes as they are for trials (Grant 2016). On the other hand, in terms of supplemental products, SolarCitys service for implementation for both the trial and permanent purpose will act as supplemental products. Product strategy for secondary target market Product feature The product for secondary target market or the clients from other countries would be mainly the evacuated panels and evacuated tube based system and their service for the installation of solar power and technical support. Brand name and packaging Same as the brand name and packaging for the primary target market, the service for the offshore clients will be provided under the same brand name and the packaging strategy would be same (Khan 2014). Positioning strategy For the secondary target market, the positioning strategy would be to provide free installation service for providing tube based systems along with one year of guarantee to every customer. On the other hand, for the installation service, the positioning strategy would be to provide the technical support is relatively low rate than the normal market price (Goi 2015). Supplemental products and value As per the fact that the organization would mainly provide the evacuated tube based system and technical support in terms of implementation service, the organization would provide a twenty four hours of free online customer support to the customers offshore. On the other hand, as all the services are prime services of SolarCity, therefore reasonably the organization would be providing core values to all of them. Pricing strategy for primary and secondary target market Strategy for primary target For the primary target market, SolarCitys overall pricing strategy would be the discount policy as per the fact that the organization attempts to encourage a larger unit purchases. Therefore, the pricing objectives will be the rate of preference for having discount and the current usage rate of the commercial sector and household owners of New Zealand (Bag and Biswas 2013). Most importantly, the pricing strategy will be strongly supported by the proposed designing strategy, which is to provide the privilege of using the trial package. It is because, the fundamental tactic of the discount policy, which is to encourage larger units of purchase by quantity discount will be accomplished by the positioning strategy to provide free installation service (Ferguson and Higgins 2015). Strategy for secondary target The overall pricing strategy for the secondary target market would be the discount policy as well as it would help the organization to maintain a firm competition with the rival organizations of the offshore countries (Antoncic et al. 2016). Therefore, SolarCitys pricing objects for the secondary target market would be to know the usage rate of solar power of the offshore market and the current market rate of discount. The positioning strategy is to provide free installation and free online customer support, which would help to capture the minds of the target market and would accomplish the positioning strategy appropriately. Most significantly, considering the need of price competition to the competitors, it can be said that the organization would keep the rate of discount at least 10% less than their potential rivals would. In this context, one aspect is needed to be mentioned, which are both of the pricing strategies would have connection with the value of monetary costs unlike th e distribution strategy (Certo 2015). Distribution strategy for primary and secondary target markets Strategy for Primary target For the primary target concern, the overall distribution strategy would be to improve service. Therefore, the channels according to this strategy would be the leading national retailers and distributors of solar panels. Alongside, the proper place will be most of the local leading service centers, through which the local household owners will be able to easily become SolarCitys customers. Thus, understandably with the help of local service centers, accomplishments of the positioning strategy to providing free installation will be easy (Florian and Pajzos 2015). Strategy for Secondary target Unlike the primary target market, overall distribution strategy would be change channel strategy, as per the fact that the clients will be from offshore. Therefore, increase of own sales coverage and area specific distribution would be required (Milichovsk and imberov 2015). The channels would be local retailers and leading organizations with service centers of each specific country through which the agenda of providing discount in installation and online customer care would be flexibly maintained. Promotion strategy for the primary target Integrated marketing communication for the primary market will be to increase the exhibition coverage along with increase of social media. Consumer promotion elements For the purpose of promotion for the targeted consumers, SolarCity will advertise through online social sites, for which the organization would use e-mail shots, expand, and improvise its existing websites. Nevertheless, in terms of public relation strategy, the organization would consider setting up Facebook page and Twitter account for planning exhibitions and campaigns. Trade promotion elements In terms trade promotion elements, the considered organization would use both the advertising channels and the elements for public relation strategy. More precisely, company websites, industry specific websites, Facebook and Twitter account all will be used as trade promotion elements. Promotion strategy for the secondary target The overall integrated marketing communication strategy for the secondary target market will be to introduce a new product policy, as the organization would make their venture in several new countries (Willing et al. 2015). Consumer promotion elements In terms of consumer promotion elements, the organization would use industry specific websites and use online advertising campaigns. Similarly, like the public relation strategy of primary target market, for the secondary target market, the public relation strategy would be the same. Trade promotion elements In terms of trade promotion elements, in the offshore countries, online social media like Facebook, Twitter will help SolarCity. Moreover, a modified version of the existing website of SolarCity would also help. Therefore, reasonably both advertising and public relation strategy will be used. Implementation strategy for primary and secondary target markets In case of implementing the strategy for both the target markets o SolarCity, the organization would take concern about the structural issues at the very first. For the households and commercial sector of New Zealand, the organization would change the reporting relationships as well as they need to add some more positions for extending the service to free implementation and free online customer support. On the other side, for the offshore clients, the organizations would have to change some of the line of its authority as new positions of authority would be required in individual offshore places. Four internal marketing activities would be necessary regarding this concern Employee training for accomplishing the strategies for offshore clients Combating employee resistance through organizing meetings and incentives Motivate the existing employees and share each of the decisions regarding strategies through top-down and bottom-up communication (Pathak and Makwana 2015) Hire new employee for the installation and customer service department Evaluation and control Input controls Process control Output control (In general) A detailed outline of the possible capital expenditure Online and offline market research for two months ($50,000) Recruitment of twenty individuals within one month ($20,000) One month of training to the existing employees and management ($30,000) Revise the incentive policy and implement bottom-up communication policy within three weeks (McCormack and Johnson 2016) Regular survey on the field of product modification and development Number of ratings on Facebook and company websites from offshore places Construction of a separate team within one month for monitoring and measuring the marketing performance Use of checklist for measuring whether four objectives have been met or not (Mun et al. 2014) Use of an observing team for measuring and taking feedbacks from the product development field Output control Standards (In details) Options Overall performance 20% increase in dollar sale in the home ground would be monitored by the executive finance officer Acquisition of loyal customers would be monitored by the customer management executive Increase of sales volume up to 15% in the offshore zone would be controlled and monitored by the regional finance officer (Mosca 2016) Price performance Sales analysis and market share analysis will be controlled and evaluated by the finance department through online rating and by detail comparison of the revenue margin Product performance A thorough product testing after each modification and product development in the first three month through the hands of product development executives Distribution performance standards and IMC performance Quarterly survey for analyzing distribution efficiency and analysis of the supply chain integration would be undertaken Analysis of the brand awareness through comparing revenue margin and online ratings To evaluate the proposed advertising strategies, advertising research would be used, which is effective in improving the promotion systems Informal controls Employee self control It is a possibility that the employee may lack in confidence for handling the plans for offshore clients In that case the organization would consider providing training sessions Employee social control Workshop relationship may lack while hiring new stuffs from diverse culture and background for accomplishing marketing target for the offshore clients In that case, SolarCity would consider increasing communicational bond with the new employees Cultural control It is possibility that the marketing activities may not influence the minds of the offshore target market due to different culture and perspective Therefore, SolarCity should think about making a thorough market research and make suitable modifications prior to implement the strategies. Marketing audits (measuring effectivess) Options Measures Responsible person Profit-based Comparison between current profit margin and the previous profit margin Finance executive Time-based Strategy for primary target market would be implemented in the first week Strategy for the secondary target market would be implemented in the second month Marketing executives Measuring effectiveness of modified product and promotion activities Review of customer feedback Keep track of Facebook ratings Product testing on frequent basis and address the analysis made after each product testing Marketing executives Product development executives In case expectation does not meet Assessment and modification of the existing strategies Implementation of new strategies Marketing executives Conclusion The above marketing plan has identified two individual target markets of SolarCity, which are the household owners and the commercial sector of New Zealand in terms of primary and offshore clients to be secondary target market. The plan has been made considering different needs and expectation of the individual target market. The report has pointed out that for satisfying both of the target markets; the organization would provide the facility of using the trail package with discounts. Most importantly, the plan has implicated that for promoting the products for both kinds of target markets, SolarCity would concentrate upon creating online websites and Facebook page along with online exhibitions and campaigns. References Antoncic, B., Auer Antoncic, J. and Aaltonen, H.M., 2016. Marketing self-efficacy and firm creation.Journal of Small Business and Enterprise Development,23(1), pp.90-104. Bag, S. and Biswas, D., 2013. Four P's compass model in new paradigm of marketing mix.International Journal of Applied Services Marketing Perspectives,2(1), p.273. Baker, M.J., 2014.Marketing strategy and management. Palgrave Macmillan. Certo, S., 2015.Supervision: Concepts and skill-building. McGraw-Hill Higher Education. Ferguson, J.M. and Higgins, L.F., 2015. Structure and Locus of Control in Marketing Courses. InProceedings of the 1987 Academy of Marketing Science (AMS) Annual Conference(pp. 236-240). Springer International Publishing. Florian, G.L. and Pajzos, C., 2015. THE IMPACT OF MARKETING PERFORMANCES ON ORGANIZATIONAL PERFORMANCES IN THE CONTEXT OF ROMANIAN SUPPLY CHAINS.SEA: Practical Application of Science,3(2). Goi, C.L., 2015. Marketing Mix: A review of'P'.The Journal of Internet Banking and Commerce,2005. Grant, R.M., 2016.Contemporary strategy analysis: Text and cases edition. John Wiley Sons. Hollensen, S., 2015.Marketing management: A relationship approach. Pearson Education. Khan, M.T., 2014. The concept of'marketing mix'and its elements (a conceptual review paper).International journal of information, business and management,6(2), p.95. McCormack, K.P. and Johnson, W.C., 2016.Supply chain networks and business process orientation: advanced strategies and best practices. CRC Press. McDONALD, M.A.L.C.O.L.M. and Brown, L., 2016. 5 Strategic marketing planning.The marketing book, p.86. Milichovsk, F. and imberov, I., 2015. Marketing effectiveness: Metrics for effective strategic marketing.Engineering Economics,26(2), pp.211-219. Mosca, F. ed., 2016.Global Marketing Strategies for the Promotion of Luxury Goods. IGI Global. Mun, J.M., Leem, W.B. and Cho, S.H., 2014. A Study for Promotion Strategies of the Smart Grid in Convergence technology.Journal of Digital Contents Society,15(4), pp.513-520. Pathak, A. and Makwana, K., 2015. Business Promotion strategies for small enterprises.SAMVAD,8. Slack, N., 2015.Operations strategy. John Wiley Sons, Ltd. Strauss, J., 2016.E-marketing. Routledge. Willing, I., Plage, S., Woodward, I. and Skrbis, Z., 2015. Exploring contradictions and challenges in performances of openness in tense cosmopolitan encounters. In12th Conference of the European Sociological Association. Andersen, O., Kheam, L.S. and Elnan, H., 2015. An Exploratory Study of International Product and Promotion Adaptations in SMEs. InProceedings of the 1997 World Marketing Congress(pp. 153-157). Springer International Publishing. Antoncic, B., Auer Antoncic, J. and Aaltonen, H.M., 2016. Marketing self-efficacy and firm creation.Journal of Small Business and Enterprise Development,23(1), pp.90-104. Bag, S. and Biswas, D., 2013. Four P's compass model in new paradigm of marketing mix.International Journal of Applied Services Marketing Perspectives,2(1), p.273. Baker, M.J., 2014.Marketing strategy and management. Palgrave Macmillan. Certo, S., 2015.Supervision: Concepts and skill-building. McGraw-Hill Higher Education. Ferguson, J.M. and Higgins, L.F., 2015. Structure and Locus of Control in Marketing Courses. InProceedings of the 1987 Academy of Marketing Science (AMS) Annual Conference(pp. 236-240). Springer International Publishing. Florian, G.L. and Pajzos, C., 2015. THE IMPACT OF MARKETING PERFORMANCES ON ORGANIZATIONAL PERFORMANCES IN THE CONTEXT OF ROMANIAN SUPPLY CHAINS.SEA: Practical Application of Science,3(2). Goi, C.L., 2015. Marketing Mix: A review of'P'.The Journal of Internet Banking and Commerce,2005. Grant, R.M., 2016.Contemporary strategy analysis: Text and cases edition. John Wiley Sons. Hollensen, S., 2015.Marketing management: A relationship approach. Pearson Education. Karakaya, E., Nuur, C. and Hidalgo, A., 2016. Business model challenge: Lessons from a local solar company.Renewable Energy,85, pp.1026-1035. Khan, M.T., 2014. The concept of'marketing mix'and its elements (a conceptual review paper).International journal of information, business and management,6(2), p.95. McCormack, K.P. and Johnson, W.C., 2016.Supply chain networks and business process orientation: advanced strategies and best practices. CRC Press. McDONALD, M.A.L.C.O.L.M. and Brown, L., 2016. 5 Strategic marketing planning.The marketing book, p.86. Milichovsk, F. and imberov, I., 2015. Marketing effectiveness: Metrics for effective strategic marketing.Engineering Economics,26(2), pp.211-219. Mosca, F. ed., 2016.Global Marketing Strategies for the Promotion of Luxury Goods. IGI Global. Mun, J.M., Leem, W.B. and Cho, S.H., 2014. A Study for Promotion Strategies of the Smart Grid in Convergence technology.Journal of Digital Contents Society,15(4), pp.513-520. Nieroda, M. and McGoldrick, P., 2017. Healthy Eating Promotion: Translating Consumer Expectations into CSR Strategies (An Abstract). InCreating Marketing Magic and Innovative Future Marketing Trends(pp. 665-666). Springer, Cham. O'guinn, T., Allen, C., Semenik, R. and Scheinbaum, A.C., 2014.Advertising and integrated brand promotion. Nelson Education. Pathak, A. and Makwana, K., 2015. Business Promotion strategies for small enterprises.SAMVAD,8. Rogers, T. and Davidson, R., 2015.Marketing destinations and venues for conferences, conventions and business events(Vol. 14). Routledge. Slack, N., 2015.Operations strategy. John Wiley Sons, Ltd. Strauss, J., 2016.E-marketing. Routledge. Willing, I., Plage, S., Woodward, I. and Skrbis, Z., 2015. Exploring contradictions and challenges in performances of openness in tense cosmopolitan encounters. In12th Conference of the European Sociological Association.