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I. Introduction
The following report discusses antitrust laws in detail and is its primary goal. The controller of Pyramid Printing Pete Roberts is considering a proposal meant to have new clients enjoy a discounted sales program. Henry Russell who is the sales manager at the company in interested in overhauling the company’s production capacity as it is currently below average. From Pete’s analysis of Henry’s proposal, the prices will not increase the profit margin as expected. Due to this, Pete is wary of the fact that having a different cost is sufficient in sustaining the prices. The proposal requires a deeper analysis in order to have a clear picture of the consequences it might have on the company in general and consider laws and ethics that are in the risk of being abused.
Business organizations are investing immensely in strategies meant to maintain clients; however, the consequences of these strategies require a deeper analysis. Managers ought to have a way of determining which clients deserve sale discounts based on their loyalty to the company. Fortunately for Pyramid Printing Pete has come up with customer-profitability analysis strategy that serves the above purpose. The strategy focuses on the organization’s income and the costs associated with the income and determine the different operational revenue gotten from various customers. If Pete was to implement the proposal the first step would to analyze the price discounts.
II. Price Discounts
Horngren, Datar and Rajan (2014) argue that offering sale discounts is a combination of several aspects such as the amount of sales made and the need to provide great services to customers who will be willing to tell other people about the services. Unfortunately, there are times as a result of inefficiencies by the sales people there is bad service that has adverse effects on the company’s revenue plan. Keeping up with the discounts offered to clients as well as the quality of service offered by the sales people a company can improve customer profitability. Customer profitability is an issue that consists of other aspects apart from client income which include, cost of production, customer service, and client loyalty. Unfortunately, these are some of Pyramid Printing weaknesses.
III. Production Capacity
As a result of below average production capacity, price discounts is not an appropriate strategy for Pyramid Printing. An organization’s production capacity is the highest level a manufacturing activity can achieve. Production capacity can be improved to serve an actual (immediate) improved client demand or anticipated (future) improved client demand. For and actual production capacity to improve, there is need of utilization of current equipment such as adding more time in the regular hours such as overtime or using foreign equipment such as outsourcing. To have improved future production capacity, organizations have to sufficiently utilize the existing equipment (improvements) or buying new equipment (spending) (Stevenson, 1999). For Pyramid Printing the best option is an actual increase which can be achieved by using the employees overtime and outsourcing and utilizing different equipment which will improve its production capacity.
IV. Antitrust Laws/Ethical Considerations and Conclusion
The biggest worry with the discounted sales program is whether there will be unfair or poor business practices against the clients. The Federal Trade Commission Act prohibits such results and going against the Act, Pyramid Printing Company can have legal issues under the Supreme Court that might lead to $100 million in fines (Federal Trade Commission, n.d.). With regards to ethics, Pyramid Printing Company has the ability of cementing its clients’ loyalty if it implements the discount program. The company can consider other strategies such as employee benefits, customer incentive programs, and the discounted prices programs; however, extreme caution is of the essence as the company’s production is extremely low and thus such strategies are quite risky. Pete should conduct a customer-profitability analysis to find out if there is an actual need for the customer discount program.
Antitrust Laws
Marketing
There are four elements that all arrests should have that make them legal and one of them is intent. According to Berman (2015), an arresting officer must make their intention known to the arrestee either verbally or through action. In the process, there will be reduced conflict between the officer and the arrestee. Authority is another element of an American arrest in which the state gives an officer the authority to arrest and detain a suspect if they deem their freedom puts the rest of the society at risk. The authority is given to officers qualified and who must identify themselves before making an arrest. There are instances where the suspect might ask for identification which the officer must produce.
A third element of an arrest is subjection. Subjection occurs when the arrestee willingly or forcefully is taken to custody by an officer (Berman, 2015). Arresting a suspect might either be willingly where the suspect submits themselves to custody without resistance or where there is need for use of force. Either way, the suspect is subjected to arrest. If at any particular time a suspect is unaware of the arrest, it is unlawful and invalid (Berman, 2015). Therefore, an arresting officer must make sure the suspect has a clear understanding of the arrest. Understanding is an important aspect of an arrest as it plays an essential role in reducing the conflict between the arresting officer and the suspect.
For any search and seizure with a warrant to be legal, there are several requirements that must be considered. The first one is respecting personal privacy (Bravin, 2014). Irrespective of having a warrant, police officers must ensure their activities do not unnecessarily interfere with a suspect’s personal lives. Having a probable cause is another requirement of a search and seizure with a warrant. A probable cause indicates that an arresting officer must have cause to ask for warrant to make the search (Bravin, 2014). The requirement is based on prior investigations made by the officer that indicate the search is paramount to ensure there is a case worth considering.
The expectation of privacy from the suspect must reasonable; this requirement falls on the suspect. Since the search has a warrant, the suspect must allow the officer to conduct the searches and any seizures with a little resistance as possible (Bravin, 2014). There are instances through the search that the suspect might feel the officers abusing their right for privacy; however, they ought to allow the officers to carry out their duties. All searches must be within the provisions of the fourth amendment; this requirement focuses on the police officers and their understanding of the demands of the fourth amendment.
The plain view doctrine has various aspects which make it a legal part of the American law. The most important aspect is that the item in question must be in plain view to reduce chances of making searches (Moore, 2014). The fact the officer is operating without a warrant does not allow them to make any searches; therefore the item must be in plain view. The arresting officer must also be within an area protected by the fourth amendment. Since the fourth protects individuals from unnecessary searches on personal and private property, having an item deemed suspicious in plain view gives the officer a right to take it for further analysis and to prevent it from doing harm to the society. The requirement ensures the suspects’ constitutional rights are protected.
Once the officer notices the item; to take it as evidence they must recognize it as evidence or contraband without further searches (Moore, 2014). Recognizing the suspicious item require an officer who has had ample investigation on a case to have knowledge of the evidence and identifying it on a first sight. Through this way the officer has the ability of identifying it without searching the premises as they do not have a warrant.
There are numerous ways and methods of identifying suspects that vary from one case to the next. However, in most instances a line up is efficiently used with a witness picking out the suspect from the rest (Shaves, 2013). The officer must ensure the suspects constitutional rights are observed in the process. For instance, blind administration is used where an officer unfamiliar with the case is assigned the duty of taking the witness through the process. The method is done to reduce chances of an officer intentionally or otherwise influencing the witness. Compared to the regular lineup, this method ensures the results of the lineup are valid and are not interfered with by the officer.
Sequential line up is a situation where the witness is shown pictures of the suspects one after the other. The method prevents relative judgment where the witness might judge a person based on the close resemblance to the suspect (Cole, 2014). Good fillers is a method used in lineup where all the people used resemble the suspect to prevent them from standing out. Compared to sequential line up good fillers protects the constitutional rights of the suspects as they are treated fairly. The witness should also be informed that the suspect could or could not be in the lineup. Through this way the witness is relieved off the pressure of identifying a suspect immediately. Compared to failing to tell the witness about the availability of the suspect, this method increases the chances of an accurate identification.
America has one of the most enviable constitutional in the world as a result of its adaptation to numerous human rights. The constitution protects a suspect during trial by guarantees a fair trial in all hearings (Vinson, 2014). Irrespective of being a suspect an individual has the right to a fair trial and treatment throughout the process. Under the law the constitution guarantees equal treatment; in the process, the suspect has a right to sue any officers or make appeals to any situation they feel is unfair. The constitution also provides that a suspect has a right to a pretrial heard by a grand jury for any cases including felony (Vinson, 2014). In such an instance the suspect has the chance of having a fair trial. The constitution protects an individual from double jeopardy. Double jeopardy is a situation where a suspect is tried twice over the same crime. Unless there is an appeal, the court’s decision on a trial is final. To have a retrial other functions of the court must have probable cause and follow protocol. The American law has allowed for amendments of the constitution to ensure all aspects of human rights are protected without increasing chances of criminal activities thriving.
American Law
Law
In this century, consumers still need to be protected from doggy sellers who are all after making money. In most cases consumers have at some point been given faulty commodities or low quality services. A few of the affected consumers followed on the issue with most of the consumers knowing not what to do next (Mayer 120). Thus, it is important for all consumers to know the existing protections when dealing with transactions that entails exchange of money for other commodities. However, most of the consumers knows little about the laws established to protect them from such business malpractices. Protection simply means prioritizing consumers’ interest to see that they get quality products at realistic prices (Howells 10). In this regard, the paper intends to fill the existing gap in knowledge about consumer protection law. The study will be divided into three different subtopics. (1) Definition of consumer protection, (2) the significance of protecting consumers (3), strategies that consumers can use to protect their rights.
Career Application.
I chose to study about consumer protection law because am looking forward to open a hotel after completing my school. About three years ago, I saw how a customer mistreat a hotel manager whom she blamed to have given her bad food. However, I did not understand what quality meant to that customer. Presently, I know what quality means to a customer. In this regard, I consider the study as an opportunity for me to learn how to treat my customers in future. Since this research will equip me with knowledge about most of the things that I have never known in my life.
Definition of Consumer Protection Law.
According to Howells and Weatherill (p.10), consumer protection laws are the policies put in place safeguard the ordinary people who are purchasing goods and services in the market. The reason is to protect them from doggy traders who are ready to sell faulty goods without caring the impact of their behavior on the consumer. In most situations, consumer protection deals with pricing, product safety, credit repair, debt repair and other personal loans that may have accumulated to huge figures over time. Ethically, businesses should set good prices that does not exploit them nor the consumers. However, in a case where prices or debts are not controlled then there is likelihood of most activities in the market becoming stagnant. Therefore, consumer protection law bars the sellers from creating shortage in the market so that they shoot the prices.
According to Giliker (95), all consumers have legal rights to be secure with the commodities that they buy. More especially with the food stuffs (Baron 200). For instance, the agricultural products sold to them must have undergone through clean stages all the way from the farm to the market. Also, every consumer has legal rights to stay safe from environments pollutions. Pollutions ranges from contaminations on the water bodies to soil and air. In most cases the consumers have been unconcerned of the fact that there environment should always be clean and never allow anybody subject them to a contaminated environment (Giliker 93). The other legal right is access to information in which every consumer has the legal rights to seek for more information about the product that they wish to buy so that they get to understand something better before buying it. All these rights are important for every consumer and they should always stand for what they know is right.
Significance of Protecting Consumers.
In a case where the customers are not protected; there is likelihood of them being exploited by the sellers and suppliers in that market (Mayer 120). The reason is that people are generally unsatisfied and once given a chance they intend to maximize their return. In which the traders will subject the buyers to unsafe commodities and inaccurate measurement apparatus with a focus on maximizing their returns. Also, the suppliers will practice hoarding in which they will create a shortage into the market to overprice the items. In economics, a shortage of a particular good makes it hard to find the good in which the lesser ones are overpriced to make them available only to a few members (Pigou 9). In this line, hoarding will also create a temporary shortage so that customers are overexploited.
Every society should encourage the culture of protecting consumers’ interest in that such protections have got several benefits both at personal and society levels. It brings the aspect of social responsibility in which every trader is forced to adhere to the standards set. The standards provides an outline of how businesses and organizations operate in a manner that is socially accepted. In this way, every member of the society gets satisfaction from any trader simply because they are adhering to similar standards (Giliker 93). Also, it provides for a system in which complaints from the buyers are directed to the sellers and acted upon. In most cases, the buyers have complained of poor quality or other issues relating to certain products. However, most of those cases have been ignored simply because there is no effective channel in which the complaints can be carried to the sellers. Thus the protection laws ensures that consumer’s complaints are directed to the sellers; and sellers followed to ensure that the complaints are acted upon.
Strategies That Consumers Can Use To Protect Their Rights.
Protection must start from within the customers themselves. They must not sit down and see their rights violated such that they are overcharged prices or buy faulty goods. Thus, the customers should do the followings. Firstly, learn about their basic consumer rights to which every consumer is entailed (Baron 200). In this way, they will understand that they have the freedom to be informed about products before buying. Also, learn that they have the freedom to be kept free from environmental pollutions. In this way, the consumers will have learnt how to approach traders who does not have any interest in making their lives better. Secondly, the consumers should always weigh large and risky purchases before making them (Baron 201). That is, check with other traders to ensure that the items they are about to buy are not overcharged. In this way, they will be in a position to purchase from the customer who offers the best quality at the least price possible.
Thirdly, the consumers should always ask about the product warrants. A warrant is a pledge given by the seller or manufacture in which they promise to repair the product or replace it if it develops complications in a particular time frame (McKay 10). The federal law requires that Americans review and compare warrants among various traders so that they only go for traders whose have put in place realistic warrants (McKay 10). Fourthly, the buyers should always check that the professionals are licensed. Legally, license grants an individual powers to practice in a particular field of profession. In the case of business, licensing a business person means that he/she has met the required standards for one to do that business. In that way, the consumers will always be sure that the traders whom they are doing interactions with are individuals who have been tested by the licensing body and found trustable to deliver high quality product.
On balance, consumers’ protection is essential in that it prevents them from being exploited by traders in the market. Thus every government is putting in place laws that will ensure that sellers adhere to set business standards in all their activities. Every consumer is entitled to rights to access information and be safe in what he/she consumes. Also, rights to leave in a clean environment. The traders on the other side, are expected to offer best products to the consumers’ at most favourable prices. However, it is key noting that protection starts with the consumers themselves. In which they have to learn about basic consumer rights such as safety and access to information. Also, do a critical evaluation of the market prices of a particular product before purchasing the product. Then make inquiries of warrants and licenses that the traders uses. In doing these, they will have vastly reduced the chances of being exploited by putting these traders on spot.
Consumer Protection Law
Business
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