...I. Introduction to the Contract The contract dispute between Julie Taymor (“Taymor” or “Plaintiff”), the former director of “Spider-Man: Turn Off the Dark” (the “Musical”), and Hello Entertainment (“Hello” or “Defendant”), the producers of the Musical, has reached a critical phase as Hello recently filed its counterclaims against Taymor’s lawsuit. Plaintiff brought an action to remedy for Hello’s breach of contract and promissory estoppel. Defendant refuted Taymor on the grounds that Plaintiff violated the implied covenant of good faith and the contract thus has become commercially impracticable. A contract is a promise that is legally enforceable and if breached entitled to a remedy. This legal memorandum discusses potential remedy for Taymor and Hello as well as strengths and weaknesses of each party’s possible arguments. II. Breach of Contract Taymor entered into an agreement with Hello pursuant to which material terms related to Taymor’s role on the Musical were decided (“Collaborator Agreement”). According to the agreement, “Taymor will have approval over the following elements . . . and the following elements also require the approval of Hello” and she will be provided with the total of $125,000 non-recoupable fee. Collaborator Agreement July 12, 2005. While the agreement requires Plaintiff’s approval on certain changes in the Musical, however, it fails to stipulate that she has the final creative approval over the Musical related to elements, including timing of approvals...
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...1. Matav has had a very specified strategy that has gotten them where they are as a company today. Matav is the leading telecommunications source in the country of Hungary. I think that overall their strategy has been quite a success. I think that the success really took off when they decided to transition the company from one big group and broke it down into four different business zones. The four zones consisted of: Internet, business services, mobile and residential services. This has greatly benefitted the company because no part of the business is now put on the back burner while other parts get more of the focus. The company is more balanced as a whole since the major strategy changes. Also, the company has now been able to have multiple individuals oversee each major section of the company. The statistics have greatly proven that since the change in their strategy to go into the four major sections, the company as the on the rise from where it was. One of the greatest rises has been in their Internet services. Over the past two years Matav has seen a tremendous jump of above 40% in their customers, just in this service alone. 2. From what I discovered, Matav has very few competitive advantages over the domestic markets in Hungary. I think that Matav did have a competitive advantage until T-Mobile was able to open its market there. T-Mobile opening its market to the Hungarian community really did damage to Matav’s advantages it held over the country. Matav...
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...Mountain Man Brewery is experiencing declining sales for the first time in the company’s history 1) Age Demographics • Mountain Man’s beer drinker’s Proof Central East Region Market Size overall Market Size MM Competes in MM share (Barrels) Profit $ 2004 38,678,720 4,718,618 2005 37,191,077 4,648,885 2006E 35,703,434 4,462,929 are getting older and decreasing their frequency of purchases • As Mountain Man’s beer drinker’s are aging the children of a Mountain Man drinker are not choosing Mountain Man beer as their primary choice 530,400 $4,887,636 520,000 $4,791,800 509,600 $4,695,964 2) Increased presence of large multi-national brands in Mountain Man’s distribution area (Case Fact) • Distributors supporting beer brands on basis of turnover and margins; dropping brands that do not contribute to bottom line • Large brands maintain economies of scale in brewing, transportation and marketing; Increased pressure 3) Distributors not willing to help build Mountain Man brand awareness • Mountain Man is not a popular customer to distributors because of small market share presents • Small shipments of under 600,000 barrels annually. Mountain Man provides a high quality beer that hard working men enjoy Loyal – Hard Working - Deserving A Mountain Man beer drinker • Blue Collar • Middle to low income men over age 45 • Purchase beer at off premise location (liquor stores) • Working man (trades) (large population of workers) • Since 1925 Oscar has...
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...Integrated Case study AN ANALYSIS OF THE CASE MAN GROUP (A) January 2013 Integrated Case Study: Man Group (A) Contents Page Acknowledgements Executive Summary Chapter 1: Introduction 1 Chapter 2: Case brief 4 Chapter 3: Problem statement and Analysis 8 3.1 Problem statement for Man Group Plc (A) 3.2 Literature review 3.3 Proposed plan of analysis 3.4 Sources of data Chapter 4: Analysis and Findings 22 An assessment of the current position Chapter 5: Proposed solution to Problems 29 5.1 Integrated discussion of the analysis 5.2 Recommendations 5.3 Proposed plan of action 5.4 Limitations of the study, scope for further research Chapter 6: Application to another case 35 6.1 Background 6.2 Description of the comparator company’s situation 6.3 Testing the recommendations on the comparator company Appendices References Word count: 11,980 Acknowledgements My sincere regards and gratitude goes to Almighty God who gave me strength and will to complete my studies successfully. I give my deepest regards to my supervisor Dr. K. Vijay Shenai for his guidance, support and dedication towards all his students. I extend my regards to all my friends who supported me through my studies and were of immense help to me. My warm regards and love for my parents who have always been an inspiration to me and have always supported me throughout my studies, this would...
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...Mountain Man Brewing Company was established as a family concern in 1925 in West Virginia by Guntar Prangle. The company brewed single-product beer, Mountain Man Lager, which won “best beer in West Virginia” and was elected as “America’s Championship Lager”. Mountain Man Lager featured quality, bitter favor and slightly higher-than-average alcohol content that uniquely contributed to the company’s brand equity. Mountain Man was a local market leader and distributed its lager in several states outside West Virginia. By 2005 Mountain Man was generating over $50 million in revenue with over 520,000 barrels of Mountain Man Lager sold. However, Mountain Man had been facing serious challenges. Its revenue was encountering a 2% yearly decrease in 2005 as it faced fierce competition. Light beer was sweeping the beer market and gained 50.4% of volume sales in market share in 2005. Thus, the objective of Mountain Man in this case study is to increase sales revenue by moving into the light beer market. Chris Prangel, son of the company’s owner, hoped to achieve three goals in his marketing campaign: 1.) To produce a light beer in the hope of attracting younger drinkers to the brand; 2.) To sustain the core brand equity of Mountain Man Lager; 3.) To maintain a steady share of its market segment by regaining the 2% annual loss. Mountain Man’s revenue was declining as it faced new products, which threatened to steal its customer base. However, Mountain Man met difficulties to make changes...
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...The case with the California man is wrong for various reasons. First off, the patient was unaware that his tissues were kept after his surgery to remove a tumor. After signing a consent form that said they would dispose of the tissue at their convenience, why would he think any differently then it being disposed right the surgery. Not only did they keep the tissue without his knowledge, they knew prior to the removal that something was different within his cells. Though they did it for research to maybe cure some disease, the patient still had the right to know what was going on. They knew his cells could be very important and they were using the cells the potentially gain money and because of this the patient had the right to something. If the doctors would have just let the patient know that they were going to keep his cells, then he would have been treated fairly....
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...Mountain Man Brewing Company (MMBC) is facing declining sales and in the competitive beer industry Prangel must make a quick decision of whether or not to launch a new light beer. Many believe that this decision will cause the company to lose loyal customers, but Prangel sees the potential to tap into another target market. MMBC is successful because of the beer’s strong brand loyalty, distinct customer base, effective marketing, unique taste, and higher than average alcohol content. The problem facing MMBC is that its sales are declining, due to substitute products, health concerns, tax increases, and consumer preference shift. The introduction of a light beer will have both advantages and disadvantages, for example, the product launch will diversify the product line, provide assess to a younger or female demographic. As well there is the opportunity to create a unique light beer that distinguishes itself and maintains brand image. There are many potential disadvantages of releasing the light beer, such as, diluting brand equity, decreasing shelf space for original product, it will be costly to product, it could scare off current customers and there are many strong competitors already in the market. Now one alternative could be to launch the lighter beer with a different name; however, then the cost of launching this product will increase immensely. MMBC’s Mountain Man Lager is well positioned because it serves the largest market of beer drinkers in the United States, which...
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...The homeless man ignored the order, aimed the spray bottle towards the Town Car, and rained brown water on the windshield. The agent driving the car stepped hard on the gas and turned slightly to the right, slamming the passenger side mirror into the homeless man’s ribs as he leaned forward to wipe the windshield with the newspaper. A hollow thunk echoed through the car as the homeless man careened backwards onto the sidewalk where he landed with a bone-crunching thwack. The agent sprayed the windshield with washer fluid and ran the wipers. “Fucking animals,” the agent hissed. “Someone should come down here with a Mac-10 and clean up this filth.” “Be patient,” William said. “It’ll just take a little more time to work the human excrement...
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...| | | Study of Mountain Man Brewing Case | Student Name Institution Name Date By the year 2005, the barrels that mountain man lager sold were well over 520,000 barrels. This translates to the brand receiving revenue of slightly above $50 million. The beer also holds a respectable market share and a top market position in West Virginia for a period of 50 years and also the states it is distributed in. the revenues recorded however were 2% less than the revenues that had been received in the previous year. But despite this decrement, the company still managed to register profits. The company is also experiencing trouble trying to maintain its own sales in the premium beers segment due to increased competition from the larger companies. But due to the increasing changes in the demographics of the drinkers’ alcohol consumption. The young drinkers who are between the ages of 21 – 27 years are spending twice as much on alcohol that those aged over 35 years. The company’s profitability in the next five years may increase. This is because the young consumers are the working class division and they are the target consumers for the beer. So by 2010, the drink may have regained its status in the market share and hence an increase in the profits. MMBC has used its brand supremacy to influence consumer buying traits. Their brand has played the most significant part in the decisions they make while purchasing beer. Some of the deliberations that customers make when selecting their...
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...Mountain Man Brewing Company Mountain Man Brewing Company (MMBC) also known as “West Virginia’s Beer”. MMBC developed its brand equity as a symbol of toughness, authenticity, quality and uniqueness this with several other factors made MMBC successful. This legacy was started by Guntar Prangel in 1925 when he reformulated an old family recipe with quality ingredients. Brand Equity is defined as the $$$$ value contained in a specific brand. High alcohol content that appealed to the blue collar market along with these specific factors added to MMBC brand. It caters to regional tastes (dark, bitter). MMBC also has class cachet (it’s a miner’s beer) it’s family-owned, it’s perceived as being high-quality and it’s a legacy product. People seem to drink Mountain Man as a way to connect with past generations of their family. Brand played a critical role in beer purchasing decision. The promotion of MMBC was done by accentuating its dark color by packaging it in a brown bottle, with its original 1925 design of a crew of coal miners printed on the front. Mountain Man Lager was priced similarly to premium domestic brands such as Miller and Budweiser but below specialty brands such as Sam Adams. MMBC used its own sales force to focus on off-premise locations (liquor stores or supermarkets) with much success. Blue collar males purchased 60% of the beer they drank at these off-premise locations. The decline in MMBC was due to changes in beer drinkers preferences. This decline was happening...
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...Case Analysis Mountain Man Brewing Company Case Analysis Mountain Man Brewing Company Executive Summary Started in the year 1925 by Guntar Prangel Mountain Man Brewing Company (MMBC) was a well-entrenched company in the East Central US by 1960. Consecutively the company grew as a legacy brewery, gathering a very strong brand loyalty and positioning. Known for the authenticity, quality and taste the company grew out to be a market leader in the currently matured business. However, off late the company has been witnessing a drop in sales for their core beer product the “Mountain Man Leger” in contrary to the growing beer sales in the US. The following document encapsulates a detailed analysis of the different problems the company started to face, the strategic objectives available and the most viable option that the Protagonist Chris Prangel’s (son of founder Guntar Prangel) should be taking. Further the Document also discusses the competitive challenges that the company phases The document also addresses the dilemma Chris faces whether to making reforms in business strategies or to continue with the existing sale and product line model and explains the tradeoffs that lie therein. Q2. Start by summarizing the chief protagonist’s decision tree. What are the key strategic issues that the firm faces? What are the options in terms of actions and what outcomes need to be enabled? Decision Tree: Chris has a conundrum to address, basically the growth strategy...
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...Mountain Man Brewing Company Case Analaysis Recommendation: Mountain Man Brewing should create a new market strategy and introduce a line extension of Light Beer to expand their portfolio and create new sales among non-existing customers. This line extension will target the younger drinkers and women in the East Central Region and will increase sales and create profit within 2 years. Rationale: 1. Light beer sales will be profitable within 2 years. The first year MMBC will lose $486,374. However, in 2007, the second year, MMBC will gain $1,520,341 in profit. See Appendices 6 and 7. 2. Currently, MMBC can afford the line extension. If MMBC were to wait a few years, there might not be any profit to pay for a line extension. 3. Light beer sales are growing at a 4% CAGR. In 2001, light beer accounted for 29.8% of beer sales. In 2005, light beer now accounts for 50.4% of beer sales. See Appendix 3. 4. Women are included in the target market for Light Beer making up 42% of sales. In the East Central Region, women consume 21% of the barrels sold and 27% of the Light Beer Barrels sold. See Appendix 9. 5. The young drinkers (age 21-27) consist of 13% of the population and 27% of beer sales. This age group mainly consumes light beer and has not established any brand loyalty. Ages 21-35 also consume 20% of the barrels sold in the East Central Region. See Appendix 9. 6. MMBC sales are declining by 2% annually. Introducing a light beer would increase revenue...
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...Calculations 11 Exhibit 4 – MM Lager Cannibalization Calculations 12 Exhibit 5 – MM Light Marketing Strategy 15 What is the current situation? Mountain Man Brewing Company (MMBC) is a family business founded in West Virginia in 1925 by Guntar Prangel. The company is now operated by Guntar’s grandson, Oscar. Oscar’s son, Chris, is slated to inherit the business in five years when his father retires. Mountain Man (MM) Lager is the flagship product and the only beer currently produced by the company. The recipe for the lager was based on a refined family recipe and is known for its flavorful, bitter taste. By the 1960s, the lager had established itself as a legacy beer with a rich history, and the company continues to maintain its independent, family-owned status which appeals to its core drinkers. By 2005, the popularity of MM Lager in the East Central region of the U.S. had grown to generate revenues of just over $50 million, and the beer held the top market position among lagers in West Virginia. MM Lager won “Best Beer in West Virginia” in 2005 for the eighth year in a row. What has made MMBC successful & distinguishes it? MMBC has enjoyed success because of several factors. Although it is a regional brewer, it has superb name recognition. A recent study showed that Mountain Man Lager was considered by many to be West...
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...Recommendation: Mountain Man Brewing should create a new market strategy and introduce a line extension of Light Beer to expand their portfolio and create new sales among non-existing customers. This line extension will target the younger drinkers and women in the East Central Region and will increase sales and create profit within 2 years. Rationale: 1. Light beer sales will be profitable within 2 years. The first year MMBC will lose $486,374. However, in 2007, the second year, MMBC will gain $1,520,341 in profit. See Appendices 6 and 7. 2. Currently, MMBC can afford the line extension. If MMBC were to wait a few years, there might not be any profit to pay for a line extension. 3. Light beer sales are growing at a 4% CAGR. In 2001, light beer accounted for 29.8% of beer sales. In 2005, light beer now accounts for 50.4% of beer sales. See Appendix 3. 4. Women are included in the target market for Light Beer making up 42% of sales. In the East Central Region, women consume 21% of the barrels sold and 27% of the Light Beer Barrels sold. See Appendix 9. 5. The young drinkers (age 21-27) consist of 13% of the population and 27% of beer sales. This age group mainly consumes light beer and has not established any brand loyalty. Ages 21-35 also consume 20% of the barrels sold in the East Central Region. See Appendix 9. 6. MMBC sales are declining by 2% annually. Introducing a light beer would increase revenue. See Appendices 1 and 2 for sales declining...
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...Post man observed a power line strung from one house crossing the West Mount Vernon Street and going into William Booth's home. Post man was aware that the house the power was coming from is vacant and wanted to report this to the police. Officers arrived on scene and William Booth had an orange extension cord connected to the home which entered the house through the basement. The cord ran up the side of the house to the roof of the second floor and crossed West Mt. Vernon Street where it was attached to another vacant home. The cord was attached to a second extension cord and continued down the side of the house and into Booth home. We attempted to make contact with Booth but he would not open the door. The power was disconnected and the...
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