Whether the doctrine of precedent allows judges flexibility in developing the law

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The principle reasons for the existence for the doctrine of precedent is to create continuity, fairness and certainty in decision. However, one would be forgiven for believing that because of this principle of stare decisis, the law is rigid and unchanging. There exist intrinsic fail-safes to ensure a natural evolution of law in reaction to the development of society..Firstly, precedents set by courts may actually be contradicted or overruled by a superior court. For example a decision made by the High Court may be overruled by the House of Lords or by the Court of Appeal. This is illustrated by the case C (a minor) v DPP A 1-year-old boy appealed against his conviction for interfering with motorcycles, arguing that the prosecution had not proved mischievous discretion. Abolishing the presumption of doli incapax for children between 10 and 14, Mann LJ said it was clear on authority that the Divisional Court had power to depart from its own previous decisions. The House of Lords reversed the Divisional Court on the point of substantive law, but did not expressly consider whether or not the Divisional Court was bound by its own decisions in appellate cases..The following of precedent may also be avoided through the distinguishing of cases. A judge may distinguish it by finding some significant difference in the facts of the earlier case and adopting a narrow version of the ratio. He can then say that the ratio of the earlier case does not apply to the case now before him. A good example of this is are the cases Rylands v Fletcher and Rickards v Lothian..In the case Rylands v Fletcher, water escaped from the defendants reservoir through some old mine shafts that had not been adequately sealed, and flooded the plaintiffs working mines. Blackburn J said the true rule of law was that the person who for his own purposes brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it at his peril, and if he does not do so he is prima facie answerable for all the damage which is the natural consequence of the escape. Upholding this judgement in the House of Lords, Lord Cairns LC said the defendants might lawfully have used their land for any purpose for which it might in the ordinary course of the enjoyment of land be used, and if in the natural use of the land there had been any accumulation of water, which by the operation of the laws of nature had passed off into the land occupied by the plaintiff, the plaintiff could not have complained. On the other hand, if the defendants not stopping at the natural use of their land had desired to use it for any non-natural purpose, and if in consequence of their doing so the water came to escape and pass off into the plaintiffs land, then that which the defendants were doing they were doing at their own peril..

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In Rickards v Lothian, a sink in Ds upper flat had been blocked and water turned on by an intruder, causing damage in Ps flat below. Lord Moulton, giving their Lordships judgement, said a defendant is not liable under the rule in Rylands v Fletcher for damage caused by the wrongful acts of third persons. He also took up Lord Cairns emphasis on non-natural use, and said it is not every use to which land is put that brings into play the rule in Rylands v Fletcher. It must be some special use bringing with it increased danger to others, and must not merely be the ordinary use of the land or such a use as is proper for the general benefit of the community..It seems all very well that the House of Lords (or the Court of Appeal) can overrule inferior rulings, or distinguish cases containing differing key principles, but what when the precedent was set by the House of Lords, and in accordance with social changes a different result is now desired? Until about 5 years ago, nothing could be done; decisions made by the House were binding on itself until Parliament produced a change in statute. Today though, the 166 Practice Statement is existence. The Statement reads ... Their Lordships recognise that too rigid adherence to precedent may lead to injustice in a particular case and also unduly restrict the proper development of the law. They propose, therefore, to modify their present practice and, while treating former decisions of this House as normally binding, to depart from a previous decision when it appears just to do so. In this connection they will keep in mind the danger of disturbing retrospectively the basis on which contracts, settlements of property and fiscal arrangements have been entered into, and also the special need for certainty as to the criminal law..The cases Addie v Dumbreck and Herrington v British Railways illustrate the House of Lords employing the Practice Statement. In the first case The House ruled that an individual owes no duty of care to a trespasser on their land. Nevrtheless, in the more recent case the declared that in some instances we may owe a slight duty of care a duty of common humanity. Although the Statement may now be used, the House still often strives to follow the principle of stare decisis. This is illustrated by case Knuller v DPP. The publisher of a gay contact magazine was charged with inter alia conspiring to corrupt public morals. Affirming his conviction, Lord Reid said he still believed the Houses decision in Shaw v DPP (that such a crime existed) had been wrong, but it did not follow that it should now be reconsidered. The 166 Practice Statement does not mean that whenever the House thinks a previous decisions is wrong it should reverse it, he said; in the general interest of certainty in the law their Lordships should be sure there is some very good reason for so acting..There are some guidelines to which the House of Lords adhere concerning the 166 Practice Statement it should only be used sparingly, the House should try not to upset the legitimate expectations of parties who may have relied on the former decision in making contracts. It should not overrule a previous interpretation of a statute unless there are exceptional reasons for so doing. The House should avoid making piecemeal changes in cases calling for comprehensive reform of a whole area of law. It should not overrule an earlier decision merely because it was thought to be incorrect, but only if it was clearly unjust or outmoded. The House should use the power when necessary to remove uncertainty in the law..Judges are allowed (and required) to develop the Law in novel situations; new situations which have never before been considered by a court. In such cases any decision made by the judge sets a precedent. The case Marks & Spencer v One In A Million illustrates this legal point. DD registered a number of Web addresses including (for example) marksandspencer.com, virgin.org, and spice-girls.net, and then offered to sell these addresses at high prices to the companies concerned. PP claimed the addresses were theirs by right and should be handed over at only a nominal price. Because the Web was still relatively new the Deputy High Court Judge (Sumption QC) had no direct precedents to follow, but ordered DD to transfer the addresses to PP. Since DD could have no legitimate use for other companies registered trade names, they should not have registered those addresses in the first place. [His decision was subsequently affirmed on appeal...

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What generally is diplomacy?

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What generally is Diplomacy.Brian White has defined diplomacy as a communications.process between international actors (example sovereign states) that seeks through negotiation to resolve conflict short of war. This process has been refined, institutionalized and professionalised over many.centuries.

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In foreign policy, diplomacy refers to the use of a policy.instrument, possibly together with other instruments such as.military force, to enable an international actor to achiev.its policy goals.1 Diplomacy is as old as human history. When human societies interact with.one another, disputes do occur. Diplomacy emerge as an instrument to settle.disputes, and to rebuild mutual trust and engage in win-win cooperation. According to Geoffrey Stern, there are 5 basic connotations of diplomacy.First, diplomacy refers to the peaceful and orderly conduct of relations between political communities, ie tribes, city-states, sovereign states. Second, the act of negotiations. Third, the skills required for conducting negotiations, ie intelligence, tact, patience and empathy. Fourth, the peaceful management of IR by state agents and diplomats. Fifth, what diplomats do. All these connotations could be seen by looking at the different dimensions of the Gulf War following Iraq¡¯s invasion of Kuwait in 10. The UN applied various forms of pressures aimed at convincing and later compelling Iraq to withdraw its troops from occupied Kuwait.1 Diplomatic activity can be traced back to ancient times. It took on a modern form from the 15thC onward (Renaissance Italy) with the establishment of the permanent embassy. By the end of the 1thC, almost all states had a network of embassies abroad linked to foreign departments at home.Diplomacy had also become an established profession. World War 1 was a ¡®watershed¡¯ in the history of diplomacy. The perceived failure of diplomacy to prevent this war led to a demand for a ¡®new¡¯ diplomacy that would be less secretive and more subject to democratic control..Liberals like Woodrow Wilson called for ¡®open covenants, openly arrived at¡¯. The League of Nations was also set up at the end of WW1 with the hope that international diplomacy would be able to resolve inter-state disputes.peacefully. However, the outbreak of WW in 1 revealed the limits of the ¡®new¡¯ diplomacy..

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The American Dream

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.The American Dream, these few words raise many emotions, whether they are dreams or nightmares, hopes or the realisation of failure. For decades America has been seen as the golden country, the country where everyone can make it to the top. America has an enormous influence on other countries, not only in political and military matters, but also in many areas that have been adopted into the daily routine of almost every country of this world.Where in Europe can you not find a fast-food restaurant, cant you buy Levis Jeans, cant you purchase Nike, Puma etc.? Well, the answer to that is simply there is no country where you cannot do those things.Some countries have tried to avoid the so called Americanisation. France for example. The songs that are played on the radio have to have a certain amount of French ones among them. That is just one example of what lengths some countries have gone to stop the Americanisation.

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The Fame and the fortune that has built itself up around the myth of the American Dream, has become somewhat obsolete. The peculiarity of the American Dream might still be relevant to some people, but if anybody goes for a drive through the suburbs and metropolitan areas of LA or Hollywood, they will very quickly realise, that the constitution of the United States of America has multitudinous examples of is apocryphal nature. There is no such thing as equality between whites and blacks. In the workplace there is no parity between the two races, never even mentioning the Vietnamese or the Mexicans that live in the golden country.The crime rate in America is the highest in the world, which shouldnt surprise anybody, because anyone over the age of sixteen, can legally buy a lethal weapon, for his/her own protection. That means of protection is mostly not used for the persons own protection but in numerous cases during violent outbreaks of fury and anger, to kill people. In many American schools it is not unusual for the student body to be searched for weapons and walk through metal detectors, every time they wish to enter their school. There have been many incidents of school killings where children of the age from fourteen onwards have been shooting fellow students, and thus creating bloody massacres. The unhampered violence, according to a few professional psychologists comes from the brutal computer and film business.Isnt it somewhat funny, that any child of the age of sixteen can legally buy a gun and drive a car, but can not drink alcohol until it is twenty-one. This is just one of the many aspects of conflict between the American Dream and its reality, which often subsides in peoples minds. These people, not only Americans, of which there a millions, are the ones subterfuged by the false clich of which the American Dream is made up of.Another major aspect which is one of injustice, is the American social and welfare system. The rule to apply to that aspect of American society is work or starve. There is such a minimum of help for people that are unemployed, disabled, blind and so on, that it is simply a disgrace concerning the human rights policies. The American social system is rectified by the Puritan belief the Americans praise so often.On the turning hand of the poor, there are the fenced off, and patrolled suburbs of the rich and famous, the ones that have made it.Taking my own experiences into account, there can be no talk about the American Dream, but more about grave differences in the social structure and living conditions of the people in America..

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Legalization of marijuana

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The Legalization of Marijuan.One debate that has been argued since the early 10's is whether marijuana should be legalized or stay illegal as it has been since The Marijuana Tax Act in 17, which made it illegal for anyone to own marijuana. But ever since the issue has started, the government hasn't budged on their stand on the issue stating that it has no positive benefits and there haven't been any studies to contest this argument. I myself have no disagreements on the government's view on the issue. I believe also, that marijuana has no positive benefits by using marijuana for medicinal use. I also think that by legalizing marijuana would lead to more crime and bad health in Americans.

Federal law may not market a substance marketed in the U.S. until it has scientifically shown to be safe and effective. (fmr) Supporters of this issue highly believe that marijuana is a "cure all" to many diseases such as Multiple Sclerosis, cancer treatment, Glaucoma, AIDS, and may also be useful to help people who have trouble sleeping at night.

In some cases, a patient may seriously believe that a drug is helpful when really it may not be doing a thing or even causing them more harm due to the mind-altering chemicals in the drug. So if a patient reports that a drug is having a medicinal value, scientific studies must be taken to prove the drug's values. "In 10, Dr. J.P. Frankel conducted a study on smoked marijuana on his patients with Parkinson's Disease because a patient claimed it to be beneficial." (drug) His research showed that the drug didn't improve the symptoms of the disease in any of his patients, including the one that believe marijuana to be helpful.

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Ever since Congress passed the Marijuana Tax Act in 17, which made marijuana illegal to own, supporters everywhere are trying to get it legalized for medicinal purposes. But in the last sixty-four years, there have been numerous studies of marijuana as a medicine. But there has been no hard-core evidence that it is safe and effective. Some supporters of the legalization may argue that it alleviates nausea, vomiting, and loss of appetite caused by chemotherapy treatment. (40times) But why would this be a remedy if by smoking marijuana, lung or throat cancer could arise. The American Cancer Society states, that after years of research, there is no evidence of marijuana to be a medicine. "Actually, marijuana is harmful to cancer patients because the active ingredient in marijuana reduces the body's white blood cells, which are used to fight off infections. (fmr.

Some supporters may say, " But if marijuana was legalized, the crime rate would lower and drug dealers would be put out of business." (40times) This might just be the most absurd thing I've ever heard. By my knowledge, marijuana isn't the only drug being sold on the streets and there will always be illegal drugs out there. But they may be right. If they legalize marijuana for medicinal use, there might be fewer drugs sold on the street. But pharmacies all across the country would have marijuana available to anyone who is prescribed the drug. So, why would a drug dealers want to sell something that almost everyone could get legally? There isn't a black market for legal drugs on the streets these days. So why say that legalizing marijuana will help with the crime rate.

My last point I would like to state is that if marijuana became legalized, there would be a major increase in drug use. The more drugs there are, the more drug- related. crimes will occur. "Almost half of those committing a crime test positive for the use of drugs at the time of their arrest." (drug) How would this action decrease crime if we are increasing the sales of drugs and making them more accessible?.

Since there is no proven evidence that marijuana has any medicinal benefits, I begin to wonder if the supporters of the legalization of marijuana are "potheads" themselves. I believe that the negatives far outweigh the positives of marijuana use.(if there are any positives). There are many other drugs that are used to treat symptoms, have the same benefits, and are prescribed legally. I believe that marijuana should remain illegal because we have done without it in medicine in the last sixty-four years. So why do we need it now..

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Tell Tall Heart

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I heard the car door slam, at that moment I knew the police were there. Then I heard footsteps, louder and louder and then knocking sounds on the door.. I yelled †who is it?†, although I know who it was. I opened the door and they stepped in to investigate. The police officers walked up the stairs and into my bedroom, they started pulling up floor boards, one after another they come off, finally the last board, they found the body (the heart still beating inside my head), what should I have done? I thought fast and acted, by the time they turned around I was racing down the stairs. They would never let them take me away! I was too smart for that. I began bumping into things, crashing into walls and knocking over lamps and things and suddenly I had remembered, I was in the kitchen! All my thoughts came together, but I was too late, the two police officers had come in and closed the door on their way in. They thought at the time that I was running away from them, no way, but I was running away from the beating of the heart, it was almost un-bearable, every beat made me feel like I needed to confess. I could handle the officers but this sound, it was driving me crazy! The throbbing of it was so loud, I couldn't bare. However, at that moment I had to think fast and get out of the kitchen, both I knew and they knew I was too smart, too clever for them. I opened the door and took out butcher knifes. Now, just open the door and let me out and no one will get hurt I said. Now honestly, tell me what mad man would think of that? They thought I was bluffing so they thought they could out smart me, they lunged at me. Using the knifes I swung as hard as I could just like the swing in little league, I drove the knifes right into the men, the sounds of pain startled me, I didn't mean to kill them too… I slid the knifes out of the men and took them with me so there would be no evidence of the men's deaths around. The Cops would be there by morning and would search the place for evidence that I killed him but there would be nothing. Perfect, how clever was I, they thought they could out smart me and lunge at me, well they thought wrong. Realizing my plan had worked (as it always had), I figured I shouldnt stay long, or stay near by. My plan that only someone that isnt mad would think of. I packed my bags and raced out the door…but UH OH! Other policemen were there, I guess I jinxed the fact that my plan had worked. I could tell by the smirks on their faces, that they knew…they knew it all! The heart had told them, warned them, told them that something was wrong I knew it would cause me pain. We caught you, you killed the old man now you killed our fellow officers, its off to court for you, you MURDERER! one of the officers said, unpleasantly..

Well, there you have it, that is why Im here in this horrible place, you call †a place for the mad/insane people†, like me who have problems, they tell me that I am a murderer but I'm not I loved the old man dearly but I just couldn't bare staring into those vulture eyes for one more day, I had to do it, I just had to, so I killed him and now I'm stuck here in this place..

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Who is afraid of teenage fiction?

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Who's Afraid of teenage fiction.Lockie Leonard, The Gathering, Harry Potter, Looking for Alibrandi and The Outsiders; are just a few of the examples of books that are in our school curriculum. Yes the majority contain violence, sex, drugs and Fantasy, but this is what we have to experience, as Teenagers and these books that are being published just for young adults, who can read an experience things from so one who has experienced and has been their before.The books that talk about drugs for example, demonstrate what they can do to our bodies, and the author demonstrates this by producing a book for the young people of Australia to read. Books are here to teach us morals, the way to live.Children's books like Harry Potter is one the parents most hated list and for no reason. Children need these books to have creativity and to grow mentally, imagine what they can never experience in the real world. Children learn the basic of like, for example what is good and what is the bad.

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In the film, looking for Alibrandi, is another prime example of where parents are confusing films, and misinterpreting them. Also by the way in a Press release in the National Family League on the 1/1/00 in the article "Choose better books for teenagers". Describes that the film looking for Alibrandi has teenage sex, this give some indication that the person who has turned their back on the school book selection, has no idea what the film or has ever seen what the film is about. No where in the film was there any form of sex. This person critics the system, while having no idea of what they are talking about.In general again books teach us all lot of this, Racism, Injustices, love, honesty, hate, the list is endless. They teach us experiences that other people have had, so we can experience it with them, in the book world..Another point is, that with out books like Lockie Leonard, etc, are books that get into great detail and give our teachers a topic and something to do in class, also the students. So that the students learn how to apply techniques to read and enjoy their books to the maximum..We should not listen to the people that critic our children, like the psychiatrists, all they do is study the human brain and who each part of it reacts with the other, Where on the other hand our teacher are the closest people to our students and know what each personality is like and how they work, and if they think that the books that they have chosen are the best for the students then we should all stick with that decision..

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Summary of swot analysis

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SWOT Analysi. This needless to say means an analysis of th. Strengths - which areas a business excells compared to it. competitor.

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Weaknesses - which areas other businesses has to improve o. in relation to its competitor. Opportunities - All things which benefit the busines. Threats - All things which can threaten a businesse.survival, or a products surviva. Aspects which influence a SWOT analysis ar. - Market share - Sales - Profit. - Competition - Advertising - Size of customer bas. - Pricing - Innovative potential. - Product characteristics (company reputation, price, design.

colour uniqueness, quality, warranty, packaging, sale.

support, and positioning in.SWOT Analysis..To conduct a SWOT analysis write down answers, as an individual or in a group, to the following questions. List your Strengths.What are your advantages in attracting quality employees. In performing the service you provide. In making whatever you make.What do you do well? Is there anything you do better than most? Better than anyone else.Consider this from your own point of view, and from the point of view of the people you deal with. Dont be modest, be realistic..Be sure to consider the critical areas people, technology, marketing, and finance. Weaknesse.What should be improved.What do you do poorly.What should you avoid, based on mistakes in the past.Again, consider these questions from an internal and external perspective. Do other people perceive weaknesses that you dont see? Do your competitors do any better? It is essential to be realistic here, and face any unpleasant truths as soon as possible.. Opportunitie.Where can you find, or create, a competitive advantage.What are some major trends in your business?.- Consolidation / Diversification?.- Specialization / Generalization.Opportunities can come from such things as.- Changes in technology. Such as computer software that lets you perform services that others can not.- Changes in the types of businesses in your potential market, such as the demand for healthcare or telecommunications expertise.- Changes in social patterns, population profiles, lifestyle..- Changes in creative trends.- Changes in demand for certain types of services, perhaps related to interactive / Internet. Threat.What obstacles do you face?.What are your competitors doing that may result in a loss of clients, customers, market share.Are the required specifications for your job, products or services changing.Is changing technology threatening your position?.Do you have cash-flow problems?.SWOT Analysis Lesso.SWOT analysis is a tool for auditing an organization and its environment. It is the first stage of planning and helps marketers to focus on key issues.Once key issues have been identified, they feed into marketing objectives. It can be used in conjunction with other tools for audit and analysis, such as PEST analysis and Porters Five-Forces analysis. It is a very popular tool with marketing students because it is quick and easy to learn. During the SWOT exercise, list factors in the relevant boxes. Its that simple..SWOT stands for strengths, weaknesses, opportunities, and threats. Strengths and weaknesses are internal factors..A strength could b.your specialist marketing expertise..a new, innovative product or service.location of your business.quality processes and procedures.any other aspect of your business that adds value to your product or service..A weakness could b.lack of marketing expertise.undifferentiated products and service (i.e. in relation to your competitors).location of your business.poor quality goods or services.damaged reputation.Opportunities and threats are external factors. For exampl.An opportunity could b.a developing market such as the Internet..mergers, joint ventures or strategic alliances.moving into new market segments that offer improved profits.a new international market.a market vacated by an ineffective competitor.A threat could b.a new competitor in your home market.price wars with competitors.a competitor has a new, innovative product or service.competitors have superior access to channels of distribution.taxation is introduced on your product or service.A word of caution, SWOT analysis can be very subjective. Do not rely on it too much. Two people rarely come-up with the same final version of SWOT. TOWS analysis is extremely similar. It simply looks at the negative factors first in order to turn them into positive factors. So use it as guide and not a prescription.Simple rules for successful SWOT analysi.be realistic about the strengths and weaknesses of your organization.analysis should distinguish between where your organization is today, and where it could be in the futures.be specific. Avoid grey areas..always analyse in context to your competition i.e. better then or worse than your competition.keep your SWOT short and simple. Avoid complexity and over analysis.SWOT is subjective..What is PEST Analysis.It is very important that an organization considers its environment before beginning the marketing process. In fact, environmental analysis should be continuous and feed all aspects of planning. The organizations marketing environment is made up from.1. The internal environment e.g. staff (or internal customers), office technology, wages and finance, etc... The micro-environment e.g. our external customers, agents and distributors, suppliers, our competitors, etc... The macro-environment e.g. Political (and legal) forces, Economic forces, Sociocultural forces, and Technological forces. These are known as PEST factors..Political Factor.The political arena has a huge influence upon the regulation of businesses, and the spending power of consumers and other businesses. You must consider issues such as.1.How stable is the political environment?..Will government policy influence laws that regulate or tax your business..What is the governments position on marketing ethics?.4. What is the governments policy on the economy?.5. Does the government have a view on culture and religion?.6. Is the government involved in trading agreements such as EU, NAFTA, ASEAN, or others.Economic Factor.Marketers need to consider the state of a trading economy in the short and long-terms. This is especially true when planning for international marketing. You need to look a.1. Interest rates.. The level of inflation Employment level per capita.. Long-term prospects for the economy Gross Domestic Product (GDP) per capita, and so o.Sociocultural Factors.The social and cultural influences on business vary from country to country. It is very important that such factors are considered. Factors include.1.What is the dominant religion?..What are attitudes to foreign products and services?..Does language impact upon the diffusion of products onto markets?.4.How much time do consumers have for leisure?.5.What are the roles of men and women within society?.6.How long are the population living? Are the older generations wealthy?.7.Do the population have a strong/weak opinion on green issues?.Technological Factor.Technology is vital for competitive advantage, and is a major driver of globalization. Consider the following points.1. Does technology allow for products and services to be made more cheaply and to a better standard of quality?..Do the technologies offer consumers and businesses more innovative products and services such as Internet banking, new generation mobile telephones, etc..How is distribution changed by new technologies e.g. books via the Internet, flight tickets, auctions, etc?.4.Does technology offer companies a new way to communicate with consumers e.g. banners, Customer Relationship Management (CRM), etc?... (www.google.com.

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