Operationalize Sustainability for Clif Bar Company - Free Essay Example

Sample details Pages: 6 Words: 1792 Downloads: 8 Date added: 2019/08/16 Category Biology Essay Level High school Topics: Sustainability Essay Did you like this example? Introduction Clif Bar Company is a family and employee owned American company that consist of the CLIF BAR, CLIF Kid and LUNA brands which produce foods and drinks made with nutritious and organic ingredients. The company was founded in 1992 and is owned by Gary Erickson and Kit Crawford who are married to each other. Clif Bar Company is committed to sustaining its people, brands, business, community and the planet and believes in building a healthy and resilient company. Don’t waste time! Our writers will create an original "Operationalize Sustainability for Clif Bar Company" essay for you Create order By doing so, it enables them to invest in the long term, be a catalyst for change, and do more for the world. On a map, the ‘red roads’ are the busy roads, full of noise, vehicles and exhaust. On the hand, ‘white roads’ are the smaller, less travelled roads full of beauty and great adventure. Clif is a company that has chosen to travel on the white roads. One specific example is when founder Gary Erickson turned down an offer of $120 million to sell his business in 2000. He understood that it was imperative for Clif to stay private in order to grow naturally and to sustain itself over time – purpose guiding profit and patience over greed. â€Å"Companies on the leading edge of sustainability strategy will be more likely to succeed in this uncertain world going forward† (Farver, p. 133, 2013). Clif Bar Company is an example of such a company as it works on reducing their ecological footprint in everything they do. Neither Erickson nor Crawford care to talk about Clif Bar Company’s revenue publicly, but the company is estimated to have had a growth rate of more than 20 percent in recent years, with over $700 million in 2016 revenues (Scott, 2017). According to its most recent annual report, the company has a 17% 10-year compounded annual growth rate and holds 31% of the market share in the Health Lifestyle Bar category (Clif Bar Company, 2018). Analysis Measurement According to their company website, Clif Bar Company is a business with â€Å"a different kind of bottom line.† The company is guided by their values, which Clif Bar Company refer to as their Five Aspirations and it is clear that there is a definitive presence for sustainability within the organization. Farver (2013) emphasizes that â€Å"Mainstreaming sustainability throughout a company is simply good business† (p. 5). Clif Bar Company realizes that running a company based on their Five Aspirations – ‘Sustaining Our Business, Our Brands, Our People, Our Community, and the Planet’ – is a challenging way to do business. (Clif Bar Company, 2018). Clif Bar Company is committed to this business model means balancing their investments for the long term, creating brands with integrity, helping their employees thrive, empowering their communities, and conserving and restoring the resources they depend on. In the text, The Necessary Revolution, the authors state that â€Å"the successful companies of the future will be those that integrate business and employees’ personal values† (Senge, Smith, Kruschwitz, Laur, Schley, 2010). Based on their performance over the past twenty-five years, Clif Bar Company is a great example of a successful company of the future. Clif Bar Company is no stranger to being awarded for its commitment to sustainability. In 2017, the company received two 2017 Green Power Leadership awards — one for Excellence in Green Power Use from the US Environmental Protection Agency (EPA) and a second for Leadership in Green Power Education from the Center for Resource Solutions (Baking Business, 2017). Most recently, Clif Bar Company was recognized as the recipient of the 2018 Rabobank Award for Leadership in Sustainability (Rufus, 2018). Social â€Å"Leaders are people who ‘walk ahead’ and are committed to making deep changes in themselves and in their organizations. They naturally influence others through their credibility, capability, and commitment (Senge et al, 2010, p.159). In addition to the Five Aspirations, the company also adheres to Five Ingredients as well: Create, Connect, Inspire, Own It, and Be Yourself (Clif Bar Company, 2016). The ingredients are carefully chosen words and phrases that remind their employees that they are a big part of the success at Clif Bar. The ingredients encourage their 1,100 employees to standout as individuals, to listen to one another, and to connect with each other through their values, ideas, and points of view. When the creative orientation is primary, life becomes a journey of bringing into reality what you truly care about and addressing the many practical problems that arise along the way (Senge et al, 2010, p. 50). Former CEO Kevin Cleary adds that being employe d at Clif Bar Company is not only about supporting the company’s purpose, it about finding your own purpose, bringing it to life, and sharing it with others (Clif Bar Company, 2016). â€Å"To achieve a just society, we have to reason together about the meaning of the good life to create a hospitable public culture† (Sandel, 2010, p. 261). The company is a dog-friendly and child-friendly workplace with subsidized onsite day care for kids up to 6 years old. Through their Sustainability Benefits program, the Clif Bar supports their employees on their personal journeys toward sustainability by offering cash incentives to employees for the purchase of fuel efficient hybrids or electric vehicles (over 430 purchased to date), commuter bikes, and energy-saving home improvements (Clif Bar Company, 2018). Fiscally speaking, the company provides a 100% match of up to 5% or the employees annual earnings in addition to Clif Bar Company’s Employee Stock Ownership Plan (ESOP) which is a generous retirement benefit created by the owners and is directly linked to the success of the company (Clif Bar Company, 2017). Other perks of the company include 2.5 hours per week to work out at the company gym, Friday morning bike rides for everyone from 9 to 11 am, the company incents the employees to contribute a minimum of 20 hours a year towards charities within the community as well. All these incentives and benefits have contributed to a high retention percentage, with a voluntary turnover rate of less than three percent (Quackenbush, 2017). Environmental In Farver’s (2013) view, protecting the environment has both social and economic benefits (p. 96). In regards to the environment, Clif Bar Company believes in conserving and restoring the planet’s natural resources by growing a business in harmony with nature. The company is headquartered in the EmeryTech Building in Emeryville, California which they have called home since 2010. The 115,000 square-foot headquarters has received LEED Platinum Certification and exemplifies Clif Bar’s core values as the space functions as a medium to narrate their story of community stewardship, while visibly promoting green design strategies that reduce its environmental footprint (DPR Construction, 2012). The company is 100% green power for electricity used at all facilities with approximately 80% of the electricity at their headquarters is generated by a 500-kW rooftop solar array (EPA, 2018). When the rooftop ws installed in 2010, it was the largest smart solar array in North A merica. According to the company’s 2017 Annual Report (Clif Bar Company, 2018), to date the company has avoided over 850,000 miles of truck driving by switching to rail transport, which reduces carbon emissions by 70% over conventional trucking. Additionally, the Clif Bar Company have been moving towards zero waste at its headquarters, bakeries and distribution centers with a 2020 goal of 90% or more waste diversion from landfills and incineration. As of 2017, the company announced that it has almost reached its goal by achieving an 89% waste diversion in 2017 (Clif Bar Company, 2018). Furthermore, the company has utilized 100% recycled paperboard cartons since 2003 and implemented a 10% packaging reduction of Clif Bar’s wrapper in 2016. Finally, Clif Bar supported the development of 36 renewable and energy efficiency projects, including five school-owned wind turbines in Indiana, inspiring a new, statewide clean-energy curriculum available to grades K-12 (Clif Bar Company, 2018). Conclusion I agree with Erickson who stated, I think the most important lesson a small business can learn is to be patient for growth, but impatient for profitability (Smith, 2017). Clif Bar Company has gone above and beyond the traditional triple bottom line; it has engrained the values into how they conduct their daily business through their Five Aspirations which serves as their business model. Additionally, the company is a champion of taking the road less traveled as they continue to resist the corporate greed which surrounds them, as evident of rival companies being bought out by industry giants such as Nestle and General Mills. The one concern that I do have regarding company is their plan of succession as a leadership transition can be a vulnerable time for companies. Great preparation and development is vital for this company to have continued success; planning that make take years even to include an overlap period where both Erickson and Crawford may monitor the progress of potential candidates. Succession planning is about managing risk associated with any type skills or knowledge gap and it ought to be an intentional and thoughtful process. One way to achieve succession planning is by creating an organizational talent pool which consists of their current employees whose values are aligned with the succession strategy, coupled with the potential to step into the future role (Talent Guard, 2018). This company is a true diamond in the rough and it would be a shame for such a great company to place in a positon they failed to prepare for. References Baking Business. (2017, December 24). Clif Bar wins two Green Power Leadership awards. Retrieved from https://www.bakingbusiness.com/articles/32914-clif-bar-wins-two-green-power-leadership-awards Business Wire. (2017, March 02). Clif Bar Company receives 2017 Climate Leadership Award for Supply Chain Efforts from the US EPA. Retrieved from https://www.businesswire.com/news/home/20170302006137/en/Clif-Bar-Company-Receives-2017-Climate-Leadership Clif Bar Company. (2018). All aspirations annual report 2017: Growing a different kind of company. Retrieved from https://issuu.com/clifbar/docs/clif_all_aspirations_report_2017 Clif Bar Company. (2017). All aspirations annual report 2016: Growing a different kind of company. Retrieved from https://issuu.com/clifbar/docs/aareport_2015 Clif Bar Company. (2016). All aspirations annual report 2015: Thank you for 25 years of adventure in business. Retrieved from https://issuu.com/clifbar/docs/2016_all_aspirations_report_final DPR Construction. (2012, May 17). Clif Bar Companys headquarters LEED platinum. Retrieved from https://www.dpr.com/media/blog/clif-bar-companys-headquarters-leed-platinum EPA. (2018, October 09). 2017 past award winners. Retrieved from https://www.epa.gov/greenpower/2017-past-award-winners Farver, S. (2013). Mainstreaming corporate sustainability. Cotati, California: GreenFix, LLC. Quackenbush, G. (2017, March 03). Clif Bars happy employees mean happy customers. Retrieved from https://www.northbaybusinessjournal.com/northbay/marincounty/6730951-181/clif-bar-marin-conference-business-journal Rufus, A. (2018, December 12). Clif Bar wins sustainability award. Retrieved from https://www.oaklandmagazine.com/Clif-Bar-Wins-Sustainability-Award/ Sandel, M. (2010). Justice: What’s the right thing to do? New York, NY: Farrar, Straus and Giroux. Senge, P., Smith, B., Kruschwitz, N. Laur, J. Schley, S. (2010). The necessary revolution: How individuals and organizations are working together to create a sustainable world. New York, NY: Broadway Business Publishing. Smith, S. (2017, April 21). Gary Erickson guided Clif Bars rise by taking the road less traveled. Retrieved from https://www.investors.com/news/management/leaders-and-success/gary-erickson-guided-clif-bars-rise-by-taking-the-road-less-traveled/ Talent Guard. (2018, October 10). Building an organizational talent pool to support your succession planning. Retrieved from https://talentguard.com/building-an-organizational-talent-pool-to-support-your-succession-planning/

Identification And Evaluation Of Sources - 2023 Words

Identification and Evaluation of Sources Source 1: A Letter from Albert Einstein to President Franklin D. Roosevelt This source was written by Albert Einstein in 1939. At the time of the publication of this letter, Einstein had retired from his job as the director of the Kaiser Wilhelm Institute in Berlin, Germany and had immigrated to the United States (Biography, Bio.com). Einstein with scientists Enrico Fermi and Leo Szilard lobbied the U.S. government to take action in funding a research program for the development of the atomic bomb. Einstein explains to President Roosevelt the threat that an atomic bomb would pose to the United States, â€Å"In the course of the last four months it has been made probable... that it may become possible to set up a nuclear chain reaction...Now it appears almost certain that this could be achieved in the immediate future. This new phenomenon would also lead to the construction of bombs, and it is conceivable -- though much less certain -- that extremely powerful bombs of a new type may thus be constructed. A single bomb of this type, carried by boat and exploded in a port, might very well destroy the whole port together with some of the surrounding territory† (Einstein, PBS.org). Einstein uses his knowledge and research to justify his claim. â€Å"I understand that Germany has actually stopped the sale of uranium from the Czechoslovakian mines, which she has taken over. That she should have taken such early action might perhaps be understood onShow MoreRelatedIdentification And Evaluation Of Sources1315 Words   |  6 PagesRyan Bankston 3/2/16 2B History Section 1: Identification and Evaluation of sources This investigation will explore the question: What were the causes that lead to Prohibition s failure in the United States? This investigation will follow the years 1893 through 1933 to analyze the reasons for Prohibition s failure as well as a shift away from Prohibition. The Prohibition era in the United States is most notably remembered for its inability to sober up the nation. According to Mark ThorntonRead MoreIdentification And Evaluation Of Sources Essay2003 Words   |  9 Pages Section A: Identification and Evaluation of sources This research paper is on the question of , What was the United States and other nations Response to the Rape of Nanking? This question is highly important for historians because it gives a view on how governments dealt with atrocities committed by nations and how they intervene. One source that is valid to the topic would be They Were in Nanjing: The Nanjing MassacreRead MoreIdentification And Evaluation Of Sources2056 Words   |  9 PagesIdentification and Evaluation of Sources The British were renowned for their ability to colonize due to their strong naval resources and ambition. Among the lands colonized were New Zealand and Australia. Although they are next to each other on the map, England’s territory-grabbing past begs the question – â€Å"To what extent does the colonization of Australia differ from the colonization of New Zealand?† The focus of this investigation is to analyze the reasons for the British colonization of both areasRead MoreIdentification And Evaluation Of Sources2146 Words   |  9 PagesIdentification and evaluation of Sources This paper is going to use two major historical secondary sources as far as the persecution of the Jews between 1933-1945 in Germany is concerned. It generally addresses the question, â€Å"to what extent did pope Pius xii support Hitler’s persecution of the Jews?† One of the investigative sources which is used, is the book ‘The Papacy, the Jews and the Holocaust,’ written by Frank J Coppa and printed by the Catholic University of America Press in 2006. In thisRead MoreIdentification And Evaluation Of Sources2372 Words   |  10 PagesCourtney Larson Section 1: Identification and Evaluation of Sources In this paper the question â€Å"How did Sam â€Å"The Banana Man† Zemurray change the political organization of Honduras in the 1910’s?† will be examined. The decade of 1910-1920 is used to narrow the span of time that can be considered. Honduras is examined because it was the second largest banana exporter in the world up to 1915, thereafter it was the largest (Bucheli 11). The first source is â€Å"The Fish That Ate The Whale† by Rich CohenRead MoreIdentification And Evaluation Of Main Source1995 Words   |  8 PagesPart I: Identification Evaluation of Main Source The Vietnam War is a huge part of American history, it is the first war that the United States lost. Many already know what happened to the U.S. during the Vietnam War, but not many know about what happened to Vietnam during the Vietnam War and how the U.S. affected that country. The bias of the Americans not speaking upon what happened to the Vietnamese brings up a question; To what extent has foreign influence by the United States during theRead MoreTechnology : Identification And Evaluation Of Sources2229 Words   |  9 PagesSection 1: Identification and Evaluation of Sources This investigation will explore the question: How did technological advancements help to shape the Northern victory in the U. S. Civil War? 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Law of Civil Remedies Water Adventures Pty Ltd.

Question: Describe about the Essay for Law of Civil Remedies of Water Adventures Pty Ltd. Answer: Introduction Water Adventures Pty Ltd. is a company which provides river rafting services and it seeks legal advices on few matters which have cropped up in the course of its business. The company has faced a threat of being sued in the Court with respect for trespassing property of Forest Enterprises and for infringing a design owned by River Rafting. Forest Enterprises and River Rafting may institute a suit any any time for obtaining legal remedy against Water Adventures. This paper seeks to give advices to Water Adventures about the legal remedies which the other two companies are going to obtain against it and also highlights the possibilities or chances of the success of such legal remedies. Brief Facts: Water Adventures Pty Ltd. provided river rafting services to adventure seekers on the Rocky River for the past five years. The river is used for rafting flows that is owned by Water Adventures and Forest Enterprises Pty Ltd. owns the neighboring land. Initially, Forest Enterprises gave permission to Water Adventures to use the river for the first 2 years at a fee of 20,000 $ per year. However, for the past three years Water Adventures did not have the permission to use the property of Forest Enterprises. Forest Enterprises did not renew the contract, as they wanted to protect the wildlife in the river. Sometime ago, Forest Enterprises wrote a letter to Water Adventures to stop their trespass however, Water Adventures continued to use the river and ignored the letter. Water Adventures were of the view that Forest Adventures would never be able to discover that Water Adventures are using their property. Water Adventures has asp copied the design of River Rafting for the purpose of manu facturing boats for their own use and for selling them to the public. They have been able to generate an income of $1.5 million through selling of the ships. The main basis on which Water Adventures Pty Ltd. has been threatened a legal action by the River Rafting Pty Ltd is that Water Adventures Pty Ltd has used a design owned by Rafting Pty Ltd for the purpose of manufacturing boat and selling them to the public. Issues: Based on the above facts, the following issues arise: What are the remedies available to Forest Enterprises and River Rafting against Water Adventures? What is the probability of the success of the remedy which Forest Enterprise and River Rafting may obtain against Water Adventures? Relevant Rules and Procedure: Tort law in Australia is a composition of precedents and rules rather than a composite set of legislative rules.[1] The precedents and rules define the legislative extent of tort law in Australia. A tort is considered as a civil wrong, rather than a breach of contract. Tort law is regarded as a way in which law has the capacity to interfere with the associations between private individuals to rectify the wrong conduct or wrong action[2]. Tort law has derived their status from common law. Australian tort law is also influenced by case laws and common law. However, there has been rectification in Australia with regard to tort law in the Civil Liabilities Act[3]. The tort law in Australia is divided into two major offences, which are negligence and trespass.[4] Thus, trespass as defined under common law gives any aggrieved party the right to bring about an action and receive compensation and damages for interference with his property in any form whatsoever which is conducted without the owners consent[5]. In cases where damage is caused to the property or to the property owner because of the trespass, the amount of compensation is higher. Moreover, trespass is a tort which is intentional in nature and thus in some cases can be punished as a crime.[6] Thus, a trespass action is brought about by the owner of a property who has the authority and the lawful right to possess and enjoy the property, when the said right is infringed by another individual without the owners consent[7]. Under the Australian common law, any form of unlawful entry into anothers property constitutes trespass and there is no requirement to prove actual damage or loss caused by the said trespass[8]. Trespass being an intentional tort, intention is required for the act committed and not for trespass. An individual, who has the right to enter a land, becomes a trespass as soon as he engages into conducts a certain action, which is wrongful or stays in the land for additional time than granted by the landowner[9]. Thus, intention as well as actual loss to land is not required to be established under the Australian common law trespass[10]. In Nickells v Melbourne Corporation, [11]a servant of the defendant drove horse, which was wild in nature and attached to a cart. Thus, in order to turn the said cart in a narrow way, he would go very close to the neighbors window. Thus, even after being aware of a potential trespass, the defendants servant turned the carry which resulted in the horse e br eaking neighbors window. Thus, in the said case, the defendant was held liable for the trespass committed by his servant and the court said that non intentional trespass is also actionable if the defendant was negligent[12]. In a trespass lawsuit in Australia, a plaintiff is not required to prove defendants intention to trespass and the defendant has no excuse available to state that he believes he was not committing any wrongful act or any wrongful interference[13]. Thus, defenses under trespass action are very limited[14]. Some defenses, which are available against trespass, are necessity, abating public or private nuisance, consent and officer performing his duty under law. The defendant is free from trespass charges, if the trespass is a result of any action, which is necessary to prevent public disaster. Additionally, a defendant is free from trespass charges if the said trespass is required to abate a public or private nuisance benefiting a third party or the society at large. Another obvious defense to trespass is consent from the property owner or a license to enter the land lawfully.[15] Consent in the said case can also be implied in form of custom or usage. However, consent is not valid for th e said purpose if the same is taken by fraudulent action, by mistake or under undue influence. Lastly, an officer enforcing law and in duty to either arrest, seize or search a property has the authority prescribed by law to enter any land with the consent of the owner. Principles relating to Design Now, a design is an artwork or a logo or an image which could be reproduced onto a t-shirt, calendar, clothes fabric, greeting card, book jacket or other products. The relevant law which deals with design is the Designs Act 2003. A deign may be registered under the Design Act 2003 and the owner of the design gets rights of monopoly in the visual features of configuration, shape and pattern of the design. Protection over Design Protection over a design protects a products appearances and not its functions. The products function may be protected by obtaining a patent. If a visual feature or the appearance of a product is associated with the products function, then the design does not disqualified from being registered.[16] Designs capable of being registered For a design to be registered, the design must consist of visual features of configuration, shape, ornamentation or pattern which are completely new and distinctive. A design shall be presumed to be a new design if it is not identical to: A design which has already been disclosed in a previous application for registration of the design or A design which has already been published and have been used by the public in Australia. A design shall be presumed to be a distinctive design if it is substantially not similar to: A design which has already been disclosed in a previous application for registration of the design or A design which has already been published and have been used by the public in Australia.[17] Rights of a design owner Once a person becomes the owner of a design which has been registered, he gets a right if monopoly over the design for a period of 10 years. The owner will have the following rights in respect of the design: Making of a product in which the design is embodied. Selling, hiring, importing or disposing of a product in which the design is embodied. Giving authority to others to do any of these things. The right of exploiting the design can also be permitted to be used or may be assigned by the design owner to any other person once a design gets registered. However, in order to take legal action against others for the purpose of restraining them to use the design, the registered design must be examined first. [18] Infringement of a registered design An infringement of a registered design takes place when a person, without taking permission of the design owner or without being authorized or licensed by the owner, manufactures, hires, sells or imports a product or uses a product for business or trade; provided such product embodies the registered design or is substantially similar or identical to the registered design. Infringement of a registered design also takes place when the person authorizes a third party to do any of the above mentioned acts.[19] Case law: Firmagroup Australia Pty. Ltd vs. Byrne and Davidson Doors (Vic.) Pty. Ltd and Others (1994)[20] In this case, the appellant (Firmagroup Australia) was the owner of a registered design. The design related to the shape and configuration of combination handle and lock for a shutter door. The design did not cover the rear face of handle and the lock. The design was supposed to apply by any suitable means and in any suitable manner. The design was registered in 1972. The respondents (Byrne and Davidson others) had the knowledge that the appellant was the owner of the registered design. Having kept such knowledge, the respondents manufactured combination handle and lock for shutter doors and sold them. The appellant alleged that the respondents have done an act resulting in the infringement of the rights of the appellant with respect to the registered design. After examining the respondents article the Judges formed an opinion that the said article was not similar to the appellants design. The respondents article was much slimmer and its design was much squat. According to the Court, the features of the design which can be protected are those in which the idea of one particular individual and specific performance is conveyed. The respondents article has a unique design of its own and it has not infringed the registered design of the appellant. Hence appellants contention was rejected and the Court held that no infringement has taken place. Case law: Stenor, Ld. vs. Whitesides (Clitheroe), Ld.[21] In this case, the Court held that a feature which identifies only a general characteristic of shape does not fall within the purview of design protection. Case Law: Polyaire Pty Ltdvs. K-Aire Pty Ltd Others[22] This is one of the most important cases on the infringement of design and has been decided by the High Court of Australia. The facts of the case are as follows: The appellant (Polyaire Pty Ltd) used to carry a business of manufacturing and selling of the components of air condition. Polyaire owned a design with respect to an air conditioning outlet director part. The design has been registered on the basis of novelty. The appellant had alleged that the respondents had made infringement of this design. The Trial Court had accordingly passed order of injunctions restrained the respondents from using the same design in manufacturing air conditions. However, the decision of the Trial Court was overturned in an appeal by the Full Court of the Federal Court. The principles which were applied by the Court in determining whether an infringement of design has taken place or not are as follows: The Court emphasized on the point that several statutes dealing with design protection have laid down that application of a registered design or any fraudulent imitation thereof in any product, without the consent of the owner would constitute the infringement of the registered design. The Court did find a fraudulent imitation of the design by the respondents in the light of the above stated facts. Application: In the given case study, Water Adventures did not have the permission to conduct their business on the given property that was owned by Forest Enterprises. Forest Enterprises was not interested in renewing the contract as they intended to protect the wildlife of the river. Additionally, Forest Enterprises wrote a letter to Water Adventures asking them to stop their trespass. However, Water Adventures continued with the use of the river and ignoring the letter with the hope that Forest Enterprises would never detect their unlawful use of the land. This depicted wrongful intention on the part of Water Adventures and they should have acted on the letter immediately they received from Forest Enterprises. One important criterion to make a person liable for trespass to land is wrongful interference with someone elses possessory rights in real or intangible property. In this case, Water Adventures wrongfully carried out the business on the land of Forest Adventures by using their land for r eaching the river. Forest Enterprises can claim wrongful interference of Water Adventures in their possessory rights. Forest Enterprises wrote a letter to Water Adventures informing them about their action of trespass, however, Water Adventures ignored this and they continued exploitation of the land. Such an action on the part of Water Adventures gives enough chances to Forest Enterprises to bring an action against Water Adventures. To prove Trespass against Water Adventures it is not sufficient for Forest Adventures to prove that they have suffered financial loss or harm by the usage of land. Once any of the parties to the case have caused interference to land, the person may become liable for trespass under Tort Law in Australia. However, the likelihood of success of Forest Adventures is not high because the tort law of Australia states that interference is not sufficient to make a person liable for trespass. The person should have physical access to land, in this Water Adventure s did not have physical access to land, to reach the river Water Adventures had to abseiling down the cliffs or by boat on the river itself instead of using the adjacent land owned by Forest Enterprises. Additionally, it may also be stated that Water Adventures already owned the Rocky River over which they were conducting their business. They did not use the land of Forest Enterprises for conducting their business. Hence, it may be stated that though Forest Enterprises can bring a successful action against Water Adventures for trespass however, the chances of success remains low as because the prevailing issue in question whether Water Adventures interfered with the possessory rights of Forest Enterprises remains in doubt. Water Adventures Pty Ltd has copied designs owned by River Rafting Pty Ltd. For the purpose of manufacturing boats. They have even sold the boats to the public. Through the sale of boats, an income amounting to $ 1.5 million was generated for Waters Adventures Pty Ltd over the past five years. Therefore, River Rafting Pty Ltd. will possibly seek remedy against Water Adventures Pty Ltd for infringement of the design. If River Rating Pvt. Ltd is able to prove that the design used by Waters Adventures Pty Ltd is an imitation of its design, then it can obtain a possible remedy against Water Adventures. However, Water Adventures can defend the suit by arguing that the design used by Water Adventures was not similar to that of the River Rafting. The design which the Water Adventures used was substantially different from that of the River Rafting. Water Adventures needs to show before the Court that though both the designs had the same function with respect to the manufacturing of boats but their features were not the same. The boats which have been designed by Water Adventures have novelty and they are unique in their own style. Further, the visual appearances of the boats manufactured by Water Adventures also differed from that of the River Rafting. Design protection is available only in respect of a product but not of its functions. Therefore, the chances of success of legal remedies against Water Adventures can be decreased by putting forward the above mentioned defences. Further, fraudulent imitation of the design on the part of Water Adventures needs to be strongly defended in o rder to safeguard itself from the legal remedies which may flow from the action of River Rafting. Conclusion: In case of trespass, the person who is held liable for unlawful and wrongful interference in the land of another he or she may have to pay compensatory damages to the plaintiff[23]. However, this can only be awarded if the person has obtained any benefit from the land of the plaintiff. Additionally, the Court may also pass on order of injunction against the defendant, to restrain from unlawful interference of the land[24]. This is regarded as one of the most effective remedy to stop the intrusion to land. Hence, if Forest Enterprises is able to convince the Court that Water Adventures wrongfully carried out trespass the Court may pass an order for any of the above-mentioned awards in favor of the plaintiff. It is important to state here frankly that the River Rafting has got a good chance of obtaining successfully the remedies available under Design Protection. In the light of the stated facts, Water Adventures has copied the design of River Rafting without its consent which indicates a clear infringement the rights of the owner of the registered design. Had the design not been copied or had it been slightly different from the registered design, the defences would have become strong. Bibliography Barker, Kit, et al. The law of torts in Australia. Oxford University Press, 2012. Bently, Lionel, and Brad Sherman. Intellectual property law. Oxford University Press, USA, 2014. Bruun, Per. Design and construction of mounds for breakwaters and coastal protection. Vol. 37. Elsevier, 2013. Cane, Peter, and Patrick Selim Atiyah. Atiyah's Accidents, compensation and the law. Cambridge University Press, 2013 Caruana, Alex. "Understanding trespass."Agent, The46.2 (2013): 12. Cozens, Paul, and Marc Tarca. "Exploring housing maintenance and vacancy in Western Australia: perceptions of crime and crime prevention through environmental design (CPTED)."Property Management34.3 (2016). Davison, Mark, Ann Monotti, and Leanne Wiseman. Australian intellectual property law. Cambridge University Press, 2016. Deakin, Simon F., Angus Johnston, and Basil S. Markesinis. Markesinis and Deakin's tort law. Oxford University Press, 2012. Du Mont, Jason J., and Mark D. Janis. "Origins of American Design Patent Protection, The." Ind. LJ 88 (2013): 837. Field, Rachel, James Duffy, and Colin James, eds. Promoting Law Student and Lawyer Well-Being in Australia and Beyond. Routledge, 2016. Fitzsimons, James, et al. "Development by design in Western Australia: overcoming offset obstacles." Land 3.1 (2014): 167-187. Foster, Neil J., et al. "Discussion of the Tort of Breach of Statutory Duty." (2016). Goudkamp, James. "Reforming English Tort Law: Lessons from Australia."Damages and Compensation Culture: Comparative Essays, Forthcoming(2016). Greer, Guy, and Alysha Dinardo. "Trespass, illegal mining and private land."Australian Resources and Energy Law Journal33.2 (2014): 130. Lloyd, Ian. Information technology law. Oxford University Press, USA, 2014. McCausland, Clare, Siobhan OSullivan, and Scott Brenton. "Trespass, animals and democratic engagement."Res Publica19.3 (2013): 205-221. Mendelson, Danuta.The new law of torts. Oxford University Press, 2014. Mitchell, Paul.A History of Tort Law 19001950. Vol. 8. Cambridge University Press, 2014. Nimmer, David. Nimmer on copyright. LexisNexis, 2013. Poisel, Tim. "Landowners awarded almost US $3 million in the first fracking verdict in Texas: A sign of things to come in Australia?."Australian Resources and Energy Law Journal33.3 (2014): 291. Simons, Kenneth W. "Victim Fault and Victim Strict Responsibility in Anglo-American Tort Law." Journal of Tort Law 8.1-2 (2015): 29-66. Stickley, Amanda P. "The issue of consent: For the plaintiff or defendant to prove in trespass to person?."Australian Civil Liability12.5 (2015): 90-92. Trotter, Andrew, et al. "the sydney law review." (2014). Virgo, Graham. "Tort Law Defences. By James Goudkamp [Oxford: Hart Publishing, 2013. xlvi+ 221 pp. Hardback 60. ISBN 9781849462914.]." The Cambridge Law Journal 74.01 (2015): 160-163. [1] Barker, Kit, et al. The law of torts in Australia. Oxford University Press, 2012. [2] Poisel, Tim. "Landowners awarded almost US $3 million in the first fracking verdict in Texas: A sign of things to come in Australia?."Australian Resources and Energy Law Journal33.3 (2014): 291. [3] Caruana, Alex. "Understanding trespass."Agent, The46.2 (2013): 12. [4] Cane, Peter, and Patrick Selim Atiyah. Atiyah's Accidents, compensation and the law. Cambridge University Press, 2013 [5] Cozens, Paul, and Marc Tarca. "Exploring housing maintenance and vacancy in Western Australia: perceptions of crime and crime prevention through environmental design (CPTED)."Property Management34.3 (2016). [6] Mendelson, Danuta. The new law of torts. Oxford University Press, 2014. [7] McCausland, Clare, Siobhan OSullivan, and Scott Brenton. "Trespass, animals and democratic engagement."Res Publica19.3 (2013): 205-221. [8] Mendelson, Danuta.The new law of torts. Oxford University Press, 2014. [9] Mitchell, Paul.A History of Tort Law 19001950. Vol. 8. Cambridge University Press, 2014. [10] Stickley, Amanda P. "The issue of consent: For the plaintiff or defendant to prove in trespass to person?."Australian Civil Liability12.5 (2015): 90-92. [11] Deakin, Simon F., Angus Johnston, and Basil S. Markesinis. Markesinis and Deakin's tort law. Oxford University Press, 2012. [12] Field, Rachel, James Duffy, and Colin James, eds. Promoting Law Student and Lawyer Well-Being in Australia and Beyond. Routledge, 2016. [13] Mendelson, Danuta.The new law of torts. Oxford University Press, 2014. [14] Goudkamp, James. "Reforming English Tort Law: Lessons from Australia."Damages and Compensation Culture: Comparative Essays, Forthcoming(2016). [15] Virgo, Graham. "Tort Law Defences. By James Goudkamp [Oxford: Hart Publishing, 2013. xlvi+ 221 pp. Hardback 60. ISBN 9781849462914.]." The Cambridge Law Journal 74.01 (2015): 160-163. [16] Bruun, Per. Design and construction of mounds for breakwaters and coastal protection. Vol. 37. Elsevier, 2013. [17] Bently, Lionel, and Brad Sherman. Intellectual property law. Oxford University Press, USA, 2014. [18] Fitzsimons, James, et al. "Development by design in Western Australia: overcoming offset obstacles." Land 3.1 (2014): 167-187. [19] Du Mont, Jason J., and Mark D. Janis. "Origins of American Design Patent Protection, The." Ind. LJ 88 (2013): 837. [20] Davison, Mark, Ann Monotti, and Leanne Wiseman. Australian intellectual property law. Cambridge University Press, 2016. [21] Nimmer, David. Nimmer on copyright. LexisNexis, 2013. [22] Lloyd, Ian. Information technology law. Oxford University Press, USA, 2014. [23] Greer, Guy, and Alysha Dinardo. "Trespass, illegal mining and private land."Australian Resources and Energy Law Journal33.2 (2014): 130. [24] Barker, Kit, et al.The law of torts in Australia. Oxford University Press, 2012.

Quiz Innovation Essay Example

Quiz Innovation Essay Quiz No 3Version: A Name__________________Student Number______________ 1. The globalization of markets and the importance of innovation are independent of one another. 2. Flexible manufacturing technologies have increased the importance of production economies of scale. 3. Innovation and new technology have led to longer product life cycles as better quality products are being produced. 4. The increased pace of innovation has only had a negligible effect on market segmentation and product obsolescence. 5. Slow innovation results in diminishing margins and product obsolescence. 6. Technological innovation can have a positive impact on our quality of life through improved goods and services. 7. Technology’s effects on society are always positive. 8. Technology in its purest form is not knowledge, but rather faith that things will get better. 9. Firms that charge headlong into new product development usually have short development cycles. 10. Studies have revealed that innovation is a freewheeling process that is unconstrained by rules and plans. 11. Sometimes knowing a field too well can stifle creativity. 12. The organization’s structure, routines, and incentives can thwart individual creativity, but not amplify it. 13. Sometimes paying people for suggestions undermines creativity because it focuses their shift on extrinsic motivation. 14. Though a generalist by nature, inventors are specialists in the field in which they invent. 15. Innovation often originates with those who create solutions for their own needs. 16. The qualities that make people inventive do not necessarily make them entrepreneurial. 17. We will write a custom essay sample on Quiz Innovation specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Quiz Innovation specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Quiz Innovation specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Manufacturers typically create new product innovations in order to profit from the sale of the innovation to customers. 18. Firms consider their in-house RD to be their least important source of innovation, but still feel it is necessary to possess. 19. The most frequent collaborations are between firms and their customers, suppliers, and local universities. 20. A complementor is a company or individual that produces goods or services that enhance the value of another product. 21. The path a technology follows through time is termed its technology map. 22. Product innovation can enable process innovation. 23. The radicalness of an innovation is absolute. 24. Radical innovation entails changing the overall design of the system or the way that components interact with each other. 25. In order to initiate a component innovation, a firm requires knowledge about the way components link and integrate to form the whole system. 26. A technology’s S-curve of performance improvement is unrelated to its S-curve of diffusion. 27. The S-curve in technological improvement is a plot of performance against effort and money invested in that technology. 8. Until a new technology has established a degree of legitimacy, it may be difficult to attract other researchers to participate in its development. 29. Technologies always get the opportunity to reach their performance limits before being replaced by a new technology. 30. â€Å"Moore’s Law† refers to the rapidly increasing density of transistors on integrated circuits that enabled microprocessor performance to increase dramatically. This increase in density is expected to always continue at the same rate.